Download Chapter 3: "The United States Government"

SOCIAL STUDIES
REMEDIATION FOR THE
ALABAMA HIGH SCHOOL
GRADUATION EXAM
THE UNITED STATES
GOVERNMENT
GOVERNMENT FOLLOWING
THE REVOLUTIONARY WAR

Following the Revolutionary War,
thirteen independent states were left
to figure out how to govern
themselves. Colonists were loyal to
the state they lived in. Each state
established its own government.
Most state constitutions included a
bill of rights that guaranteed certain
important rights. These rights
included freedom of the press,
freedom of religion, and the right to
trial by jury.
FOUNDATIONS OF THE UNITED
STATES GOVERNMENT
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Magna Carta (1215)= written
document protecting the rights of
English nobles. Made the king’s
power not absolute.
John Locke= English philosopher
who believed government should
derive its power from the people
whom it governed.
The Great Awakening= a general
revival of evangelical Christianity in
the American colonies, reached its
peak in the early 1740’s.
Contributed to a sense of American
nationality before the Revolution.
FOUNDATIONS CONTINUED

Jacques Rousseau= French
philosopher who wrote The Social
Contract in 1762. Believed the right
to rule should come from the people
and not a king. The Social
Contract Theory expressed the idea
that there should be an agreement
between the people and the
government that limits the rights and
duties of each. Thomas Jefferson
agreed with this theory, and it
became one of the philosophies for
colonial separation from England
expressed in the Declaration of
Independence (1776).
FOUNDATIONS CONTINUED

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Baron de Montesquieu published
The Spirit of the Laws in 1748. In
this book, he expressed that
government should possess
legislative, executive, and judicial
authority. Government must make,
enforce, and interpret the laws of the
land. He thought the functions of
government should be divided into 3
branches and powers should be
defined and separated so no branch
acquired too much power.
The challenging life on the frontier
taught the colonists the values of
independence and self-reliance.
FOUNDATIONS CONTINUED
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Freedom of religion= Many people came
to the thirteen colonies seeking freedom
from religious persecution.
House of Burgesses= the first colonial
assembly, established on July 30, 1619 in
Jamestown to represent the colonists in
Virginia. Symbolized the authority of the
people to limit the power of the king.
The First and Second Continental
Congress= brought together delegates
from each of the 13 colonies except
Georgia. Meetings were a model for
forming U.S government.
The Declaration of Independence=
established principles of human rights.
Foundation for government to establish
equal rights.
ARTICLES OF
CONFEDERATION
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Following the Declaration of
Independence the Second
Continental Congress appointed
a committee to draft a national
constitution.
This was the first constitution.
It was ratified, or approved, by
all 13 colonies in March, 1781,
before the Revolutionary War
ended later that year.
ARTICLES OF
CONFEDERATION

The Articles of Confederation
proposed an alliance between
the 13 independent states. A
congress much like the
Continental Congress made up
the central government. The
following summarizes the
powers of the national
government under the Articles of
Confederation.
ARTICLES OF
CONFEDERATION

GAVE CONGRESS THE POWER
TO
* declare war and make peace
* raise an army and navy
* make foreign treaties and
alliances
* coin and borrow money
* regulate weights and measures
* establish a post office
* regulate Indian affairs
* pass laws by 9 of the 13 states
* make amendments only with a
unanimous vote of all states
ARTICLES OF
CONFEDERATION

PREVENTED CONGRESS
FROM
* Levying taxes
* Regulating foreign or domestic
trade
* Settling disputes among states
* Collecting state debts owed to
the central government
* Enforcing any of its powers
STRENGTHS AND
WEAKNESSES OF ARTICLES
OF CONFEDERATION

STRENGTHS= states retained rights and
the central government established a post
office.

WEAKNESSES=
*loose bonds developed between
independent states
*one vote in Congress was given to each
state
*there was no executive or judicial power
*amendments required a unanimous vote
THE CONSTITUTIONAL
CONVENTION

It became clear by the spring of 1787
that the Articles of Confederation
needed to be changed if the United
States of America was going to
survive as a nation. Congress called
on the thirteen states to send
delegates to Philadelphia to revise
the Articles of Confederation. Twelve
states sent a total of 55 delegates
(Rhode Island did not). The
convention in Philadelphia was
called the Constitutional
Convention (1787).

The delegates feared that a
strong central government
would compromise state power,
but they knew it was necessary.
They wanted a republic in which
the citizens would elect
representatives to make and
enforce laws. They also wanted
a written constitution that
spelled out the powers of the
government.

The Virginia delegates presented a plan
for the new government. Under the
Virginia Plan, representation in
Congress would be based on a state’s
population. This plan satisfied states with
large populations, but angered small
states who would have less
representation.

Delegates from New Jersey also made
their own proposal. In the New Jersey
Plan, each state would have an equal
voice in Congress. This proposal
satisfied the smaller, who wanted
representation equal to the larger states.
However, the larger states were upset by
this proposal, feeling that this proposed
congress would not reflect the nation’s
population.
THE CONSTITUTIONAL
CONVENTION, CONTINUED

After much debate, the
delegates arrived at the Great
Compromise which divided
Congress into two houses. In
the upper house, the Senate,
each state was represented by
two senators. In the lower
house, the House of
Representatives, each state
had representatives in
proportion to its population.
The Great Compromise= How
should slaves in the Southern
states be counted?

Northern states said slaves should not be
counted in the population since they were
considered property. Southern states
wanted them to be counted in the
population in order to increase their
representation in the House of
Representatives. As a compromise, it
was agreed that each slave counted as
3/5 of a person. For example, if a state
had 5,000 slaves then it would only count
3,000. This policy set a belief that the
government believed a black slave was
only worth 3/5 of any other person

Another conflict b/w northern and
southern states was the issue of
slave trade with Africa. The north
wanted to abolish slave trade, but
the south insisted that it was a vital
part to the southern economy.
Congress agreed not to interfere with
the slave trade for 20 years.

To keep harmony b/w the north and
south, delegates also agreed to
prohibit export taxes and to require a
two-thirds majority vote in the Senate
to pass any treaty. This kept the
states from passing taxes or treaties
that would be harmful to another
region.
U.S. GOVERNMENT UNDER
THE CONSTITUTION

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After many compromises, the delegates
of the Constitutional Convention wrote
the United States Constitution (1789).
The Constitution spreads the power
between the national and state
governments.
The Constitution gives some powers to
the national government, lets some
powers stay with the state, and lets
both share some powers. This practice
of dividing power is called federalism.
Federalism keeps any one of the
governments from gaining too much
control.
CONSTITUTIONALISM

This term refers to a
government in which power is
divided among various groups,
but all groups obey a system of
laws called a Constitution.
THE THREE BRANCHES OF
THE NATIONAL GOVERNMENT
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LEGISLATIVE= Congress
makes the laws
EXECUTIVE= The President
carries out the laws or puts them
to use.
JUDICIAL= The Supreme
Court and other courts interpret
or explain the laws.
CHECKS AND BALANCES

Knowing that the limits of the
powers and responsibilities of
each branch were not always
clear, the writers of the
constitution developed a system
of checks and balances to
keep the branches equal in
power.
The system of checks and
balances include the following:
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The President can choose cabinet members,
federal judges, and ambassadors, but the Senate
must give advice and can approve or reject the
President’s choice.
The Congress can pass a bill, but the President can
veto it, preventing it from becoming law.
The President can make treaties with other
countries, but the Senate must give advice and can
approve or reject these treaties.
The Congress can pass a bill, and the President
can sign it into law, but the Supreme Court can
interpret the law in a way different from what
Congress intended.
This system slows the process of making decisions
which is good b/c it gives citizens time to learn
about the issues. It also gives the government time
to think about the effects of any new law.
THE CONSTITUTION

The Preamble states the purpose of
establishing a new government under the
Constitution.

Article 1 establishes the Legislative
Branch (law-making branch). This
branch consists of a two-house Congress.
The two houses are the Senate and
House of Representatives.
Section 8, Clause 18 of Article 1 is known
as the Elastic Clause. The Elastic Clause
gives Congress the power to pass
legislation that is “necessary and proper”
for doing its job. It allows Congress to
stretch the meaning of its delegated
powers outlined in Section 8, Clauses 1-17.
THE CONSTITUTION

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Article 2 outlines the Executive
Branch. It gives executive power to
the President of the United States
who is responsible for enforcing the
laws passed by Congress.
Article 3 explains the Judicial
Branch. The judicial branch of the
federal government is the federal
court system. The Constitution
establishes the Supreme Court
which is responsible for interpreting
the laws made by Congress.
THE CONSTITUTION

Article 4 gives the Relations Among the
States and Between States and Federal
Government. It ensures that each state
recognizes the acts of other states. For
example, a state must recognize a marriage
license issued by another state.

Article 5 provides for amendments to the
Constitution.

Article 6 covers other miscellaneous
provisions like prior public debts, supreme
law of the land, and oaths to support the
Constitution.

Article 7 explains ratification of the
Constitution. Ratification of 9 out of the
original 13 states would establish the
Constitution as law in those states.
RATIFYING THE
CONSTITUTION

The delegates of the
Constitutional Convention were
mostly pleased with the
government described by the
United States Constitution.
However, before the
Constitution became law, it had
to be ratified, or approved, by
the states.
Supporters of the
Constitution= Federalists
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Federalists believed that the United States
needed a strong national government.
They recognized the weaknesses of the
Articles of Confederation where individual
states could reject national policy.
Many prominent federalists such as James
Madison, Alexander Hamilton, and John
Jay wrote a series of newspaper articles
that became known as the Federalist
Papers. They were written to persuade
the people of New York State to support
the Constitution.
Opponents of the Constitution=
Anti-Federalists
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Anti-Federalists thought the national
government would be too powerful and
wanted more power for the states.
They believe the method for electing the
President and Senate was far too removed
from the people.
They opposed the longer terms of office
outlined in the Constitution b/c longer terms
of office might make representatives less
responsive to voters.
Argued that the Constitution lacked a
specific bill of rights that protected
individual liberties.

Despite all opposition, all states eventually
ratified the Constitution in 1788.
AMENDING THE CONSTITUTION

Changes in the Constitution can be made
through amendments. The writers of he
Constitution recognized the need to amend
the document in order to keep the
government flexible and current as
circumstances changed. Proposing an
amendment to the Constitution requires a
two-thirds majority vote in Congress or a
special convention called by two-thirds of
the state legislatures. The amendment
must then be ratified by the legislatures of
¾ of the states or by a special convention.
BILL OF RIGHTS

Once the Constitution was
ratified, Congress began
working on changes to the
Constitution to insure individual
rights. Congress wrote ten
amendments to the Constitution
to insure basic rights and
freedoms for American citizens.
The first ten amendments are
called The Bill of Rights.
THE BILL OF RIGHTS
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1. Freedom of religion, speech, press,
assembly, and petition
2. Right to keep arms-guns
3. Quartering of troops in homes only with
people’s permission
4. Search and seizure- police need a
warrant to search your home
5. Rights of accused persons- such as the
right to remain silent and to have a lawyer
6. Right to a speedy trial
7. Right to a jury trial in civil cases
8. Rights concerning bail, fines, and
punishments
9. Powers reserved to the people
10. Powers reserved to the states
OTHER IMPORTANT
AMENDMENTS
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13TH= Slavery is abolished in the
United States and its territories
(1865)
14th= The Civil Rights of all people
born or naturalized in the United
States are guaranteed (1868)
15th= All male citizens have the right
to vote regardless of race or color
(1870)
19th= Women are guaranteed the
right to vote (1920)
THE FIRST GOVERNMENT
UNDER THE CONSTITUTION

The electoral college (a group of
people representing each state)
elected George Washington as the
first President (1789-1797).
President Washington appointed
Thomas Jefferson, author of the
Declaration of Independence, as
Secretary of State, and Alexander
Hamilton as Secretary of the
Treasury. James Madison was a
leader in the House of
Representatives. Hamilton’s goal
was to build a strong economy, but
he met with opposition in fulfilling his
goals, especially from Madison.
INTERPRETATION OF THE
CONSTITUTION

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Alexander Hamilton favored a loose
interpretation of the Constitution. He felt
that the government had more powers than
were actually listed in the Constitution.
Supported a strong central national
government.
Thomas Jefferson favored a strict
interpretation of the Constitution. He
cited the 10th amendment which stated that
powers not delegated to the federal
government are reserved to the states or to
the people. His literal interpretation of the
Constitution meant that the national
government only had the powers
specifically listed in the Constitution.
Jefferson supported states rights more.
GEORGE WASHINGTON’S
FAREWELL ADDRESS.
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President Washington left office in 1797. In
his farewell address he provided wise
advice on several subjects.
He emphasized that the United States
should stay neutral and avoid permanent
alliances with other nations.
He spoke about the dangers of forming
political parties. He warned that political
parties would cause people to work for
their special interests rather than for the
public good.
He believed that good government is
based on religion and morality.
FORMATION OF PARTIES

Despite Washington’s warnings,
political parties arose in the United
States quickly after he left office.
Alexander Hamilton led one party
supporting a strong federal
government. They called
themselves Federalists. Thomas
Jefferson led the opposing party
supporting strong state
governments. They called
themselves DemocraticRepublicans. Political parties
helped people to united on common
issues.

John Adams, a Federalist, became
the second President of the United
States in 1797. Adams appointed
John Marshall, also a Federalist,
as the Chief Justice of the Supreme
Court. Marshall became one of the
most influential people to hold that
office. He established the
supremacy of the national
government over the states. His
decisions showed that the
Constitution could adapt to the
changing size and needs of the
nation.
IMPORTANT COURT CASES
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MARBURY VS. MADISON 1803= John
Marshall established the Supreme Court’s
right of Judicial Review. The court now
had the right to declare whether laws
passed by Congress were constitutional or
not.
GIBBONS VS. OGDEN 1824= the
Supreme Court ruled that Congress alone
had the power to regulate interstate and
foreign commerce. This decision allowed
the building of roads and canals to
increase without the restrictions of state
monopolies.