Download of the Constitution - Caldwell County Schools

PRINCIPLES of AMERICAN DEMOCRACY
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Principles of the Constitution
Types of Government
English Government
Enlightenment
Colonial Period
Revolutionary Period
Articles of Confederation
Constitutional Convention
The Constitution
Principles of the Constitution
 These are major concepts embedded in the Constitution. Each of these
concepts are important ideas that deal with limiting the power of
government, and ensuring that the people retain power and rights.
1. Popular Sovereignty – The people rule.
2. Limited Government – The people retain certain rights that cannot be
denied by the government.
3. Individual Rights – Freedoms guaranteed to citizens.
4. Federalism – The states and the federal government share power.
5. Separation of Power – 3 Branches + Checks & Balances.
6. Rule of Law – Everyone must follow the law.
Authoritarian Governments
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Monarchy - These systems have been and are used by nations throughout the
world. In these systems, one person has control of government. In a monarchy, it
is held by a king, queen, or ruling family (Sultan). This power is passed on
through family succession.
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In a dictatorship, power is often seized by force; by a military force or group.
Power is usually passed on to the next in line of people who share this philosophy.
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(Monarchy) – England, Spain, France – Until 18th and 19th centuries. Today
many of these are constitutional monarchs. Saudi Arabia today.
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Dictatorship – Nazi Germany under Hitler; Fidel Castro (Cuba)
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Types of Authoritarian Governments – Absolute Monarch,
Dictatorship/Totalitarianism/Autocracy, Aristocracy, Theocracy, Oligarchy
Democratic Governments
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This system is based on the philosophies of John Locke and Montesquieu. Later,
the founding fathers of the United States extended these principles. Men such as
Thomas Jefferson and Thomas Paine.
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(Problem) – For these philosophers, the problem could be explained by a
government, in many cases a monarch having too much power. Most of these men
agreed that individuals had natural rights, and that if any person had too much
power, these rights would not be protected. The answer was to have elected
government, with a system of checks and balances.
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Many nations are experimenting with these ideas of government. US –
Representative Democracy.
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Types of Democratic Governments – Direct Democracy, Representative
Democracy/Democratic Republic, Constitutional Monarchy
Magna Carta
The Magna Carta is important because it represents the
beginning of a republican form of government in England.
Prior to the Magna Carta, England had an absolute monarch.
Before the Magna Carta
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The Monarch (King or Queen) had
absolute authority.
Decisions of taxing, use of the
military, making and enforcing laws
all were made by the monarch.
After the Magna Carta
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A Common Counsel was created
made up of Nobles (large landowners
and church officials)
Changes After the Magna Carta
Taxes (consult common counsel)
Must have witness to crime.
Trial by Jury
English Church free of Monarch
Control
PARLIAMENT
English Legislative Branch (BICAMERAL)
House of Lords & House of Commons
HOUSE OF LORDS
 Made up of Nobles
 Seat is Inherited
HOUSE OF COMMONS
 Members are Elected
 Come from Towns & Cities
throughout England
 Representative Democracy
ENGLISH BILL OF RIGHTS (1689)
Between 1215 & the 1600’s the Common Counsel became a much more
formal Parliament. The English Bill of Rights followed the English Civil
War. This document transformed English Government even further than
the Magna Carta.
Parliament has following powers in English Government
1.
2.
3.
Power to Tax
Make Laws
Control of the Nation’s Army
COMMON LAW
 A system of law based on precedents.
 A precedent is an earlier decision made by a judge that
serves as a model for future cases.
 Over time common law creates a system of consistent rulings.
 English Common Law has been used in the development of
contracts, marriages, etc… in the United States.
ENLIGHTENMENT
 During the Enlightenment Period many ideas that
influenced the Framers of the United States
Government developed. These ideas are seen in the
Declaration of Independence and the Constitution.
Enlightenment Philosophers
 John Locke – natural rights, purpose of government
 Montesquieu – separation of power, checks & balances
Thomas Hobbes
 Hobbes was an English philosopher. He was older than
Locke, but they lived at the same time. Hobbes described life
in a “state of nature” as “nasty, brutish, and short”.
 He felt that people entered into a social contract for fear of a
violent death. Hobbes unlike Locke believed in the divine
right of kings. This meant that the ruler obtained absolute
power, and the people had no right to question his/her rule or
revolt.
John Locke
 Locke was an English philosopher who lived during the
English Civil War. He believed that God granted man 3
natural rights (life, liberty, property).
 Locke said that people entered into a social contract with
their government. People agreed to pay taxes and follow
reasonable laws. The government in exchange must protect
these natural rights.
 Locke believed if government did not protect these natural
rights, the government had broken the contract. In this case,
the people had the right to overthrow the government.
Montesquieu
 Montesquieu was an important philosopher in the
development of the American democracy. Montesquieu came
up with the idea of a separation of power.
 He felt that if one person obtained all power, there could be
no liberty. He felt that there should be a separation between
the legislative, executive, and judicial. Power should be a
check on power. “Power corrupts, absolute power corrupts
absolutely.”
Map of the Americas
 The following map shows
European Countries and
where each set up colonies
in the New World.
Mercantilism & Colonial Period
Mercantilism
Colonial Period
 Economic Policy that a country
should sell more goods to other
countries than it buys.
 EXPORT > IMPORT
 Salutary Neglect – England will
allow colonies to rule themselves.
Need raw materials.
 Colony – A group of people in
one place ruled by a government
in another.
 European Nations began to
colonize the Americas.
 Colonies provided mother
country with a cheap source of
raw materials, could then
produce finished products to
export to colonies, and other
parts of the world.
Early English Colonies
JAMESTOWN COLONY
 Representative Democracy
 House of Burgesses
 22 Members - House of
Burgesses were elected by
colonists
PLYMOUTH COLONY
 Colonists on the Mayflower
signed a document called the
Mayflower Compact.
 The Mayflower Compact
created a direct democracy.
 Members of the colony would
come together periodically,
and vote on the direction the
colony would take.
The 13 Colonies
Colonies
Motivations
Economy
New
England
Colonies
Massachusetts
New Hampshire
Connecticut
Rhode Island
Mainly religious
dissenters –
Puritans did not
believe in
toleration
Small scale
farming; small
business &
shipbuilding
Middle
Colonies
New York
New Jersey
Pennsylvania
Delaware
Mainly religious
dissenters –
Quakers (Penn)
Farming – wheat
& other cash
crops; industry –
mines, etc…
Southern
Colonies
Maryland
Virginia
NC, SC
Georgia
Economic
Reasons –
indentured
servants &
slavery
Agriculture –
large scale
plantation
farming
COLONIAL GOVERNMENTS
COLONIAL
GOVERNMENTS
EXECUTIVE BRANCH
• Governor
• Appointed by
King or Elected
LEGISLATIVE BRANCH
• Many were Bicameral
• Elected Members
• Representative
Democracy
JUDICIAL BRANCH
• Judges were appointed
by King
• Trial by Jury
FRENCH & INDIAN WAR
 The French & Indian War resulted from a land dispute between
the French & the English. Fought in the mid 1750’s, the British
came out of the war having gained territory in the Americas.
 This war however had disastrous effects on the relationship
between the British and the colonies.
 Due to fighting with the French in the Americas and in Europe,
England was in debt. The English felt that the colonies should pay
for the French & Indian War.
 The Colonists felt that protection was a part of the relationship
between the British & The Colonies.
FRENCH & INDIAN WAR MAPS
BEFORE
AFTER
REVOLUTIONARY PERIOD
Period in the Americas between the late 1750’s and the mid 1770’s. This
period led to the Declaration of Independence and the Revolutionary War.
CAUSES OF THE AMERICAN
REVOLUTION
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Navigation Acts (1660)
Sugar Act (1764)
Stamp Act (1765)
Quartering Act (1765)
Townshend Acts (1767)
Writs of Assistance
Proclamation Act (1767)
Boston Massacre (1770)
Tea Act (1773)
Coercive (Intolerable) Acts (1774)
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Battles of Lexington & Concord
(Massachusetts)
COLONIAL OPPOSITION
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Albany Plan of Union (1754)
Sons of Liberty – Stamp Act
Stamp Act Congress
Committees of Correspondence
Boston Tea Party
Thomas Paine – Common Sense
COLONIAL SOLUTUIONS
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1st Continental Congress – drafted
letter to King and Parliament
demanding rights be restored.
2nd Continental Congress –
DECLARATION OF INDEPENDENCE
13 Colonies in 1776
2nd Continental Congress
 Declaration of Independence (1776)
 Revolutionary War (1776-1783)
 Articles of Confederation (1781)
 Treaty of Paris (1783)
Treaty of Paris (1783)
 United States gains Independence
 British troops to leave US soil
 United States gains land to the Mississippi
River
United States in 1783
ARTICLES OF CONFEDERATION
GOVERNMENT
 Congress – Each State had one Vote.
Powers of Congress
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Make Laws
Declare War & Make Peace
Make Treaties & Alliances
Borrow Money
Maintain Army & Navy
Other Less Important Matters
Weaknesses of the Articles of
Confederation
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Congress – Limited Powers (most needed 9 of 13 states to
agree)
No Executive Branch – Enforce Laws
No Judicial Branch – Settle State Disputes
No Power to Tax
No Money = No Military
Amendments – Needed Approval of all 13 States
Major Issues under the Articles of
Confederation
 British troops have not left US soil.
 French/Spanish will not allow use of
Mississippi River.
 Debts contracted during the Revolutionary
War have not been paid.
 Shay’s Rebellion.
 Economy is very poor.
The Constitutional Convention
VIRGINIA PLAN
 3 Separate Branches
(legislative will elect other 2)
 Bicameral Legislature
(based on population & $
contributions)
 Authority to cancel conflicting
state laws
NEW JERSEY PLAN
 Unicameral Legislature (1 vote)
 Plural Executive – selected by
Congress
 Supreme Court – appointed for
life by the executive
GREAT COMPROMISE
(AKA – Sherman or Connecticut)
1) Congress – Bicameral
 House of Representatives – based on
population, directly elected by the
people
 Senate – 2 Representatives per state
– chosen by state legislatures
2) 3/5 Compromise – Every 5 Slaves
would count as 3 persons for
population & taxing
3) Economics
 President enters into treaties
 Slave trade not prohibited (20 years)
 Congress cannot tax exports
 Treaties – 2/3 Senate approval
FEDERALISTS
People who supported the Ratification (Approval) of
the Constitution
 Wrote a collection of essays in support of the new Constitution.
 The purpose of the essays was to show how the new Constitution would
solve many of the problems that existed under the Articles of
Confederation.
 Three men combined to write 85 of the essays.
ANTI-FEDERALISTS
People who opposed the ratification of the new
Constitution.
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Criticized the adoption of the Constitution of 1787.
Opposition to slavery – continue to exist under the new Constitution.
States would lose power under the Constitution.
Federal Government would be too powerful. People still fear a strong
central government.
 #1 opposition – NO BILL of RIGHTS!
 Anti-Federalists (Patrick Henry, Samuel Adams, John Hancock, Richard
Henry Lee, George Mason)
THE CONSTITUTION
 PREAMBLE
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A preamble is an introduction. The introduction to the Constitution lists the goals
of the Constitution.
The goals of the Constitution refer to problems under the Articles of
Confederation.
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6)
GOALS OF THE CONSTITUTION
Form a More Perfect Union
Establish Justice
Insure Domestic Tranquility
Provide for the Common Defense
Promote the General Welfare
Secure the Blessings of Liberty to Ourselves and Our Posterity
STRUCTURE OF THE CONSTITUTION
7 ARTICLES OF THE CONSTITUTION
Article I
Legislative Branch
Article II Executive Branch
Article III Judicial Branch
Article IV States and the Federal Government
Article V Amendment Process
Article VI Supremacy of National Law
Article VII Ratification
ARTICLE I: LEGISLATIVE BRANCH
CONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS
Section 1: Name = Congress – Bicameral (House of Reps & Senate)
Section 2: House of Representatives
Section 3: Senate
Section 4: Congressional Elections & Congressional Meetings
Section 5: Rules for Conducting Business in Congress
Section 6: Congressional Salaries
Section 7: How a Bill Becomes a Law
Section 8: Powers of Congress
Section 9: Powers Denied to Congress
Section 10: Powers Denied to the States
ARTICLE I: LEGISLATIVE BRANCH
CONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS
HOUSE OF REPRESENTATIVES
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Based on State Population
Directly Elected by People
MAJOR POWERS OF CONGRESS
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Tax
Declare War
Raise/Maintain and Army
Regulate Interstate Trade
Tax Imports
Create Postal System
Coin Money
Create Lower Federal Courts
SENATE
 2 Per State
 Originally selected by State
Legislatures
 Today Directly Elected
POWERS DENIED CONGRESS
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Suspend Writ of Habeas Corpus
Pass Bills of Attainder
Ex Post Facto Law
Tax Exports
ARTICLE II: EXECUTIVE BRANCH
PRESIDENT: PURPOSE – ENFORCE THE LAW
Section 1: Presidential Election (Method, Qualifications, etc…)
Section 2: Powers of the President
Section 3: President & Congress Relationship
Section 4: Impeachment & Cause for Removal
ARTICLE II: EXECUTIVE BRANCH
PRESIDENT: PURPOSE – ENFORCE THE LAW
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ROLES OF THE
PRESIDENT
Chief Executive
Commander-in-Chief
Legislative Leader
Judicial Leader
Chief of State
Foreign Policy Maker
POWERS OF THE PRESIDENT
 Enforce laws passed by Congress
 Send troops into battle
 Enter into Treaties
 Appoint Federal Judges
 Appoint Ambassadors
 Grant Pardons - Reprieves
ARTICLE III: JUDICIAL BRANCH
SUPREME COURT – PURPOSE – INTERPRET THE LAW
Section 1: Supreme Court & Creating Lower Courts
Section 2: Powers of the Supreme Court (Types of Cases)
Section 3: Treason & Punishment for Treason
ARTICLE III: JUDICIAL BRANCH
SUPREME COURT – PURPOSE – INTERPRET THE LAW
SUPREME COURT
 9 Justices – Appointed by the President
 Justices serve life terms.
 Supreme Court oversees actions of Congress and the President. Court
uses the Constitution to make sure government actions are Constitutional.
ARTICLE IV: RELATIONS AMONG THE STATES
This article establishes what the states agree to do for one another, and what
the federal government will provide to each state.
STATE to STATE
 Respect laws, contracts, etc.. Full
Faith & Credit
 Extradition – send criminal to
stand trial in other states.
FEDERAL to STATE
 Rules for admitting new
states to the Union
 Republican form of
Government
 Protect against invasion
ARTICLE V: AMENDMENTS
PROCESS BY WHICH CHANGES CAN BE MADE TO THE
CONSTITUTION
PROPOSAL
RATIFICATION
 Amendments to the Constitution
must be approved by 2/3 of both
houses of Congress to be
proposed
(or)
 2/3 of the states call for a national
convention for the proposal of an
amendment
 Amendments must be ratified by
¾ of the State Legislatures
ARTICLE VI: SUPREMACY OF
NATIONAL LAW
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3.
All debts contracted under the Articles of Confederation
will be honored by US Government
US Constitution, Federal Law, and Treaties are the
Supreme Law of the Land (Supremacy Clause)
All Federal Public Officials will take an oath to protect and
support the Constitution
>
ARTICLE VII: RATIFICATION
 For the Constitution to go into effect, it had to be ratified,
approved by 9 of 13 states.
RATIFICATION
9 of 13 STATES
The Bill of Rights
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Amendment 1 – Freedom of Speech, Press, Religion, Petition, & Assembly
Amendment 2 – Right to Bear Arms
Amendment 3 – Quartering of Soldiers
Amendment 4 – Search & Seizure
Amendment 5 – Rights of the Accused
Amendment 6 – Requirements for a Jury Trial
Amendment 7 – Rules of Common Law
Amendment 8 – Limits on Criminal Punishment
Amendment 9 – Rights Kept by the People
Amendment 10 – Powers of the States and the People
Amendments 11-19
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Amendment 11 – Suits Against States
Amendment 12 – Presidential Election Method
Amendment 13 – Slavery Abolished
Amendment 14 – Civil Rights Guaranteed
Amendment 15 – Black voting Rights
Amendment 16 – Income Tax
Amendment 17 – Direct Election of Senators
Amendment 18 – Prohibition
Amendment 19 – Women’s Voting Rights
Amendments 20-27
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Amendment 20 – Terms of Office and Presidential Succession
Amendment 21 – Repeal of Prohibition
Amendment 22 – Limits on Presidential Terms
Amendment 23 – Electors for the District of Columbia
Amendment 24 – Abolition of Poll Tax
Amendment 25 – Presidential Disability
Amendment 26 – Voting Age
Amendment 27 – Congressional Pay