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Warm up Finish presentations from yesterday T HE U. S. C ONSTITUTION “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”-Abraham Lincoln How do you think the role of government has changed since Lincoln was in office? What is the US Constitution? The supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States. It provides the framework for the organization of the United States Government. Basic information • The United States Constitution was created on September 17, 1787. “Constitutional Convention” • It was ratified June 21, 1788 • The United States Constitution was written in the Philadelphia State House. Now the building is called “The Independence Hall” • There were 55 Delegates who drafted the United States Constitution • The Constitution, which is over 200 years old, can be seen in Washington, D.C. Reasons: The federal government was extremely weak and this created many problems such as: 1. No separation of powers – only unicameral legislature. 2. Weak central government – states had most power. 3. Congress did not have the power to tax – this means they could not get their finances in order. 4. Congress did not have the power to regulate commerce which caused competition between states. It also caused diplomatic issues when states refused to pay for goods they received from other nations. 5. An uprising of farmers in Massachusetts – led by Daniel Shays. The Articles of Confederation and Perpetual Union The Articles of Confederation and Perpetual Union was actually the first constitution of the United States of America In September 1786, commissioners from five states met in the Annapolis to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government, but instead of amending the existing Articles, the Convention decided to propose a rewritten Constitution. Current knowledge of the drafting and construction of the United States Constitution comes primarily from the diaries left by James Madison, who kept a complete record of the proceedings at the Constitutional Convention Outcomes of the Constitutional Convention • Virginia Plan (James Madison, considered to be "The Father of the Constitution“) – Separation of powers – Bicameral legislature based on population – Federal government had increased powers • New Jersey Plan (William Paterson) – Unicameral legislature where every state received equal representation. • Great Compromise (Roger Sherman, Connecticut) – Hybrid of VA and NJ Plans: • Bicameral legislature: – House of Reps based on population – Senate based upon equal representation Wednesday 2/4 Analyze this Adams’ quote:“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” Discuss at your table what you this Adam’s is saying. Agenda: Ch 2 Notes continued Ch 2 Charts Costs & Benefits of Constitutional Reform • Choose one topic and find evidence of a real-world attempt The basic principles of the Constitution. Popular Sovereignty – Government power resides in the people Limited government – Government is not all powerful, can only do what the people let it. – The government must obey the law. This is the principle called constitutionalism. Separation of Powers – Helps prevent one branch from becoming too powerful – Checks and Balances Federalism – Division of power among national and state governments The general scheme Checks and Balances Structure of the Constitution • Preamble: – Statement of purpose • Articles: – I: Legislative Branch – II: Executive Branch – III: Judicial Branch – IV: Relations Among the States – V: Amendment Process – VI: Federal Power – VII: Ratification • Amendments: – 27 Total – 1st ten are the Bill of Rights The Preamble of the Constitution. Article I: Legislative Branch Bicameral: 1.Senate Two senators for each state (serve for 2 year terms) 2.House of Representatives Based on population (serve for 6 year terms) Important Powers: • • • • • • • Make laws Set taxes Declare war Override Vetoes Borrow money Regulate international and national trade Print money Article II: Executive Branch President and Vice President are elected to 4 year terms Qualifications: • At least 35 years old • 14 year resident of the US Important powers: • • • • • Commander-in-Chief Grant pardons Make treaties Appoint federal officers Ensure laws are executed Article III: Judicial Branch • Supreme Court judges serve for life unless impeached. • Judicial power rests with US Supreme Court and other courts created by Congress Important Powers: • Decides cases of Constitutional law and federal law • Cases involving ambassadors go straight to Supreme Court Article IV: States' powers and limits Article Four describes the relationship between the states and the federal government and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states”. Article V: Amendments Article VI: Federal Power – Amendments are proposed when 2/3 of House and Senate deem it necessary – Amendments are proposed when 2/3 of states deem it necessary – Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of states – Supremacy Clause: Federal law is supreme to state law – No religious tests for public office Formal Amendment Process Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment. The US constitution was modeled after • Commentaries on the Laws of England by William Blackstone. This • The Spirit of the Laws by Baron de Montesquieu. This book talked • Social Contract by Jean Jacques Rousseau. This talked about the more • Two Treatises of Government by John Locke. It covers the idea that book gave rights and wrongs of people in a society. Was about the common law of England. about separation of powers and constitutionalism. efficient way to set up political community. Government should be of the people. every man is created equal under God. Warm up The Federalist Papers consist of 85letters written to newspapers in the late 1780s to urge ratification of the U.S. Constitution. With the Constitution needing approval from 9 of 13 states, the press was inundated with letters about the controversial document. How does the below quote illustrate Madison’s advocacy for a strong federal government? “You must first enable the government to control the governed; and in the next place, oblige it to control itself.” ― James Madison, The Federalist Papers http://www.history.com/topics/us-presidents/james-madison Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights. They set out many of the basic freedoms. The law is the set of rules that we live by. The Constitution is the highest law. It belongs to the United States. It belongs to all Americans. Constitutional Power Grab Instructions You will be divided into 3 groups: Executive, Legislative and Judicial branches of government. In each round I will give each branch of government an opportunity for an unconstitutional "Power Grab". The remaining two groups have two minutes to find proof from the Constitution (amendments included) by Article, section and clause, why the power grab is unconstitutional. When a person thinks he finds the appropriate check he yells "check". He must be prepared to respond with the answer immediately. If wrong, others may try to block the grab for power with the two minutes, alternating between branches until the two minutes are gone or the answer is correct. When checked correctly, the branch receives 10 points. If no one gets the correct answer, the branch grabbing power gets 5 points. No penalty for wrong answers. A round is a question for each branch.