Download Early Documents that Influenced the Constitution

Early Documents that Influenced
the Constitution
EQ: What were the early documents
and their influence over the
Constitution?
Preamble
• Constitution combines Strength and Flexibility-why the
Constitution is a lasting document
• Words were chosen very carefully
• Introduction of Constitution- the Preamble
– tells the goals of the Constitution
• “We the people”-1st 3 words
• Power comes from ordinary Americans concept
known a popular sovereignty: idea that government’s
authority comes from the people
• Constitution divided into articles to make it easier to
understand by ordinary citizens
Preamble Review
• What is the introduction to the Constitution
called?
• How did the delegates organize the Constitution
so ordinary citizens could understand it?
• Constitution is considered a living document
because it combines what 2 things?
• What are the 1st 3 words of the Constitution?
• Why is September called Constitution month?
• Define popular sovereignty. Who ruled America
before the people?
Magna Carta
• 1215: Required the King to obey the law and
limited his power
• Protected the English Citizens from the King
from being above the law
• Provided procedures for legal procedures for
English citizens
• Influenced the development of common law
and the US Constitution
English Bill of Rights
• 1689: Act of the Parliament of England
• Stated rights that English citizens were
entitled to
– Right to petition
– Right to bear arms
• Required the Crown to get the consent of the
people
• First 8 Amendments to the US Constitution
echo the contents of the 1689 Bill of Rights
The Mayflower Compact
• 1620
• First Governing document of Plymouth Colony
• Drafted by Pilgrims who were aboard the
Mayflower seeking religious freedom
• Signed by 41 men
• The Compact was based upon a majoritarian
model and the settlers’ allegiance to the kingSOCIAL CONTRACT in which rules had to be
followed for survival.
Virginia Statue for Religious Freedom
• Written in 1779 by Thomas Jefferson
• 793 Word statute is divided into 3 parts
– Part 1 argues that the concept of a required religion is wrong b/c
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God has made the mind free and nothing should be imposed
God never forced people to follow him
Making people follow a religion they don’t believe is tyranny
Civil rights do not depend on religious beliefs
• Bill made on 1786
• Influenced 1st Amendment of US Constitution and the idea of
separation of Church and State
(8.2.5 Understand the significance of Jefferson's Statute for
Religious Freedom as a forerunner of the First Amendment and the
origins, purpose, and differing views of the founding fathers on the
issue of the separation of church and state)
John Locke
• English philosopher connected to Social
Contract theory
– explains the appropriate relationship between
individuals and their governments
• Two treatise of government
– Argued that all men are created equal in the state
of nature by God
• Influence is reflected in the D.O.I and US
Constitution
Constitution a More Perfect
Union
EQ: How has the Constitution created
a more perfect Union and combined
strength and flexibility
Legislative Branch
• Makes laws!!!!
• Est. in Article I of the Constitution
• Bicameral 2 Houses
– House of Reps: rep. based on state population
– Senate: 2 senators/state
– What compromise created this bicameral legislature?
• Members of Congress are elected by a direct vote of the
people
• Senate viewed as a representative of the states
• House viewed as representative of the people
• Congress has the power to impeach
– Impeach means Accuse a person of a crime to have him
or her lose their job
Legislative Branch
• Also responsible for
• Deciding how to spend money raised by
taxes
• Raising an army/navy
• Declaring war
• Paying debts
• Granting citizenship
• Establishes federal courts
Legislative Branch
• Power of Impeachment
– Congress can remove President or other officials if
they commit crimes related to their job
– House of Representatives votes to impeach
– If H.O.R. votes yes, President goes on trial in front
of a jury of Senators
– Senate decides if he is guilty and should be
removed from office
Executive Branch
• Enforces/Carry out the law!!!!
• Est. in Article II of the Constitution
– Delegates feared one person having too much power
– System of Checks and balances
• President: Leader of the country
• VP: President of the Senate becomes Pres. If
President is unable to serve
• Cabinet members: Advise President on policy
issues
Judicial Branch
• Interprets the law!!!
• Est. in Article III of the Constitution
• Supreme Court highest court of the land
– There are lower federal courts, but they were not
created in the constitution
• A court’s authority to decide the constitutionality
is called judicial review
– Decide arguments about he meanings of laws, how
they are applied, and if they break the rules of the
constitution
How a Bill becomes a Law!!
• Primary Job of congress is to make laws
• Any member of the House or Senate can propose a new
law called a BILL!!!
– Only the House can propose new taxes
– 1st step is bill is assigned to a committee
• If majority in one house votes in favor of the bill it is sent
to the other house for debate
• If both houses approve the bill it is sent to the President-a
bill becomes a law if the President signs it
• The President can veto (reject) and proposed law
• Congress can override the veto, which means passing the
bill over the President’s objection (requires 2/3 majority in
both houses)
Constitution Review #1
1. What is a federalist?
2. The intro to the constitution is known as what?
3. What is the 1st thing that happens to a bill when
introduced?
4. A Bill becomes a law when what 2 things happen?
5. What are the 3 branches and each of their functions?
6. How many members of the Senate are there? How
many members of the house? Total number in
Congress?
Checks and Balances between the
Branches
• Framers concerned about one branch having too much
power and the balance b/w government and individual
freedoms!!!
– Reason they created 3 branches
• System where each branch can limit the powers of the
other two is called checks and balances
• Checks block actions of another branch
– Ex. President veto a law, Congress can override veto by 2/3 vote
• Balances allow each branch to have some role in the
other 2 branches
– Ex. Judges, cabinet members, ambassadors appointed by the
President and senate approves the nominations
• Checks and Balances keep any one branch from being too
strong
Most important feature of government
Amendment Process
• Framers knew the Constitution would need to be changed
over time!!!
• Jefferson said “the earth belongs to the living and not to
the dead”
• Needed the Constitution to have a lasting framework!!
(Flexibility)
• Article V-Changing the Constitution changes are called
AMENDMENTS
• Amendments can be proposed 2 ways
– Congress can propose an amendment by at least 2/3 vote of
each house
– National Convention called by Congress at the request of at
least 2/3 state legislatures
Proposing an Amendment
• Congress or the State Legislatures may propose
an Amendment (national or states) to start the
process
• Proposal1st step
• An amendment must be ratified (approved)
• 2 ways to ratify
– Can be approved by ¾ of state legislatures
– Can be approved by special conventions in at least ¾
of states
• Once an amendment is approved it becomes a
part of the constitution
Amending the Constitution
Amendments so far
• People have suggested over 10,000 amendments
• ONLY 27 Amendments have been approved
• 1st 10 were added almost immediately after the
Constitution was ratified Bill of Rights
– Guarantee specific rights to people
• 17 others have been added over time
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Some changed the way officials were elected
13th made slavery illegal
19th gave women the rights to vote
26th gave 18 year olds the right to vote
Federal System
• Wanted a strong national government while also
wanting states to keep significant powers
– Created a federal system power shared b/w nat’l
and state govt’s
• Powers belonging to the national government
– Declare war and make treaties
– Print and coin money
– Regulate commerce (Article I)-regulate interstate
commerce US became a free trade zone
• Created a common market which allowed goods to move
easily, made it possible to create large businesses, created a
single Nat'l economy
Federal System
• Powers belonging to the states
• Constitution does not spell out specific powers of the
states gives states ability to keep powers that are not
given to the Nat'l gov’t
• State makes laws in the areas of life
– Schools, marriages, est. local gov’t, licensing, most crimes
• Constitution outlines responsibilities of states to one
another (article V)-Each state must give “full Faith and
Credit”
– Meaning accepting other states laws and court decisions
as legal (ex. A driver’s license in legal in another state)
– States also must help each other track down criminals
Federal System
Federal System
• Shared Powers
– Fed. and state gov’t share powers both can collect
taxes, build roads, borrow $, and regulate edu.
• Constitution only provides a framework for
sharing powers framers could not spell out
every situation
• Law of the Land!!!
– Article VI states the Constitution and laws flowing
from it are the supreme law of the land!!
– State’s constitutions, laws, and judicial decisions must
agree w/ the Constitution
– Anyone elected to state or federal office must support
the Constitution
Popular Participation in Gov’t
• Constitution is based on the will of the people
– People expected to take part in their gov’t
• Majority rule-basic principle of democracy that says
laws are passed by a majority vote and elections are
decided by a majority of voters
• Elections serve the vital function of expressing the
will of the people
– It is through elections people have a say in what their gov’t
does
• Who are the “people”Popular participation has
evolved
– Political Parties were not mentioned in the Constitution
– Interest groups: organization that actively promotes view
on public issues in order to influence policy