Download Chapter 2 * The Constitution

August 29th – Chapter 2 – The
Constitution
• AGENDA:
– 15 – 20 minutes of
notes (Articles of
Confederation)
– Time to work on
debate
• Goals: Understand the
GOOD and the BAD of
the Articles
• PICK UP:
• HAVE READY:
• ASSIGNMENTS:
– Update Ms. T on debate
• REMINDERS:
– Syllabus quiz TONIGHT
– Chapter 1 quiz –
Thursday (in class)
Chapter 2 – The Constitution
Chapter 2 – Formation of the
Constitution
• Declaration of Independence – July 4, 1776
– Although it was political at the time – listing
grievances and announcing a revolution – it was
more philosophical – and still is today
John Locke
• The Declaration drew heavily
from John Locke’s writings• Natural rights – rights inherent in
human beings, not dependent on
governments. Life, liberty,
property
• Consent to be governed –
government gets its authority
from the people
• Limited government –
government should have
restrictions to help protect the
people
– TWO RESTRICTIONS: people must
know laws in advance
– Property may not be taken without
consent
Articles of Confederation
• First constitution (adopted in 1777 – enacted
in 1781)
Powers
State
• Held most of the powers
• Taxation
• Create a state court system
• Enforce laws passed by
congress
• Ultimate decision in their
own matters
National
• Limited powers
• Declare war & wage war
• Make treaties
• Settle disputes
• Petition, request money
from states (but no power
to collect)
• Direct the operations of
land and naval forces
Other items….
• One vote per state (regardless of size)
• 9 votes to pass any measure – unanimous for
an amendment
The Government that Failed: 1776-1787
The Articles of Confederation
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The Good
Placed power within the states
“league of friendship and perpetual union”
Congress had little power
National govt could declare war
Created fixed standards of weights and
measurement
Established post offices
Ratified treaties
The Government that Failed: 1776-1787
The Articles of Confederation
The Bad
• No president or court system and legislation was limited
• Difficulty passing laws and amending the articles
– 9/13 to make new law
– 13/13 to amend
• Maintaining an army and navy without a lot of money to
support it
• No power to tax – asked for donations from states
• Couldn’t regulate commerce
• No currency and no way to enforce interstate fairness
August 29th – Chapter 2 – The
Constitution
• AGENDA:
– 15 – 20 minutes of
notes (Creating the
constitution)
– Time to work on
debate
• Goals: Understand the
2 different plans for
the constitution
• PICK UP:
– Anti-Federalist Rules
• HAVE READY:
• ASSIGNMENTS:
– Update Ms. T on debate
• REMINDERS:
– Chapter 1 quiz –
Thursday (in class)
Shay’s Rebellion – turning point
Constitutional Convention
• Articles of the Confederation weren’t working
– needed a new constitution
Two Plans
Virginia Plan
New Jersey Plan
• Bicameral legislature
• Unicameral legislature
– Lower house elected by people
– Upper house chosen by lower
house from nominees
submitted by state legislatures
• Representation in each house
based on population and/or
monetary contributions
• Single executive chosen by
legislative branch
– One term, power to veto,
removal by congress
• Judges chosen by legislature
– Representatives chosen by
state legislatures
– Each state receives one vote
• Representation in house equal
across states
• Plural executive chosen be
legislative branch
– No veto power, removal by
state
• Judges appointed for life by
the executive
Connecticut Compromise
• Bicameral legislature
– Representation in lower house based on
population
– Representation in upper house based on equal
representation
More Problems
Problem
Solution
Slavery and Commerce
Slave trade cannot be
banned for at least 20
years, cannot tax exports
from states
Three-fifths compromise
Are slaves counted for
representation?
Equality in voting –
universal manhood
suffrage?
States decide
Individual Rights
• Prohibits suspension of the writ of habeas corpus
– Jailers must explain why they’re holding prisoners in
custody
• Prohibits Congress or the states from passing ex
post facto laws
– Can’t punish people for acts that were not illegal at
the time
• Prohibits the imposition of religious qualifications
for holding office in national government
• Upholds the right to trial by jury in criminal cases
Constitution fixes of the Articles
• Constitution created a federal system of govt between
national and state levels
• National govt can tax
• Congress can regulate commerce between states and
with foreign nations
• National judiciary established
• National govt ALONE coins money
• States are represented based on population AND
equality
• Bills need a simple majority
• 2/3 of congress; ¾ of states needed to amend the
Constitution
September 2nd– Chapter 2 – The
Constitution
• AGENDA:
– 10 minutes of notes
– Time to work on
debate
• Goals: Finish the
constitution – and
prepare for debate
• PICK UP:
– Checks and balances
sheet
• HAVE READY:
• ASSIGNMENTS:
– Update Ms. T on debate
• REMINDERS:
– DEBATE starts TUESDAY
– Chapter 2 quiz on
Wednesday
Basic Principles of the Constitution
• Limited government – belief that the government is not
all powerful; only has the powers that are given to it
• Popular sovereignty – people are the source of the
government’s authority
• Separation of powers – power is separated among
three branches of government, each has its own powers
and duties and is independent of and equal to the other
branches
• Checks and balances – each branch is subject to
restraints by the other two branches
• Federalism – a division of governmental powers
between the national government and the states
Checks and Balances
Checks and Balances
• Executive:
– Over judicial: nominates judges, enforces judicial
opinions
– Over legislative: can veto legislation
• Judicial:
– Can declare presidential acts or laws made by
Congress UNCONSTITUTIONAL
Checks and Balances
• Legislative branch:
– Over Pres: approves nomination, controls the
budget, can pass laws to override a veto, can
impeach and remove from office
– Over Judicial: approves pres’s nominations,
impeach and remove judges
One Final Hurdle
• Bill of Rights….
• Federalists said it didn’t need to be included,
the states would take care of it
• Anti-federalists said it MUST BE STATED
___ Right to bear arms
___ Right to freedom of speech
___ Right to legal counsel
___ Right to protection from
cruel punishment
___ Right to freedom of the press
___ Right to trial by jury
___ Right to freedom of religion
___ Right to peacefully assemble
___ Protection from selfincrimination
___ Right to protection from
unreasonable search
and seizures
• Which right would you
give up first….
• Which right would you
give up last.
Final Activity for the Day
• There are four countries around the room. Go
stand by the country you would most like to
visit.
Rights and
Freedoms
With your group YOU MUST choose:
Which right would you give up first?
Which right would you give up last?
___ Right to bear arms
___ Right to freedom of speech
___ Right to legal counsel
___ Right to protection from cruel punishment
___ Right to freedom of the press
___ Right to trial by jury
___ Right to freedom of religion
___ Right to peacefully assemble
___ Protection from self-incrimination
___ Right to protection from unreasonable search
and seizures