How does the Constitution reflect ideas and event surrounding its formation?

1. How does the Constitution reflect ideas and event surrounding its formation? Documents, events and philosophers

2. Documents • Magna Carta (Great Charter) • English Bill of Rights • Virginia Declaration of Rights

3. Magna Carta – what is it? • A document that King John of England (absolute monarch) was forced to sign in 1215 • Reduced the power the King held • Allowed for a Parliament to form

4. What was the purpose? • Make the King follow English laws and limit his power

5. Why was it important? • Considered the beginning of constitutional government in England. • First established rule of law

6. Why the Magna Carta was important to the history of America • The right to due process • Trial by jury • Weights and Measures • To be uniform • Cannot be deprived of life, liberty and property without due process of law. • Writ of habeas corpus • Allowing appeal against unlawful imprisonment • A punishment fitting and not excessive to the crime • Supremacy clause of the United States Constitution (Constitution is the highest law in the land)

7. English Bill of Rights (1689) • Transition from life under monarch to free citizens with inalienable rights • Passed as a result of abuses by King James II of England • John Locke was a major contributor

8. Why the English Bill of Rights was important to the history of America • Citizens can petition the government – that is not illegal • No excessive bail, nor excessive fines, nor cruel and unusual punishments inflicted • Right to trial by jury

9. Virginia Declaration of Rights 1776 • Madison heavily influenced the Virginia Declaration of Rights and used it for the new Constitution • All power is derived from the people (We the people….) • The legislative and executive branches should be separate from the Judicial branch (separation of powers) • Executive and Legislative branches – frequent elections • No self-incrimination • Cannot be deprived of life, liberty, property without due process • Citizens have a right to confront accusers

10. Events • Shays’ Rebellion • Philadelphia Convention (Constitutional Convention)

11. Shays’ Rebellion • Refer to video notes and/or text for background • 1786-1787 • Almost caused a civil war • High taxes and mounting debt

12. Impact on U.S. Constitution • Under the Articles, states were a confederation, no President • States have all the power • Find specific spots in the Constitution that deal with the presidency and the federal government having more power than the states.

13. Constitutional Convention • 1787-1789 • Very secretive

14. Impact on Constitution • Connecticut Compromise • Look at your notes • Necessary and Proper Clause • Legislative branch • To make all laws necessary to carry out its constitutional duties • Establishing the Electoral College and the Presidency

15. Philosophers • John Locke • Rousseau • Montesquieu • Voltaire

16. John Locke • An Enlightenment philosopher • English Bill of Rights • Popular Sovereignty – We the people….

17. Rousseau • Enlightenment philosopher • Popular Sovereignty – We the people….

18. Montesquieu • Enlightenment philospher • Checks and Balances • Veto • Overriding veto • Judicial review • Senate confirming Presidential appointments • Separation of Power • “All legislative Powers herein granted shall be vested in a Congress of the United States” • “The executive Power shall be vested in a President of the United States of America” • Tells exactly what the powers are of each branch

19. Voltaire • Enlightenment philosopher • Freedom of religion – separation of church and state • “I disapprove of what you say, but I will defend to the death your right to say it.” • Freedom of speech • Cruel and unusual punishment/excessive bail/fines