Creating A Republic

1. Creating A Republic The Creation of the US Constitution

2. I.Government under Articles of Confederation • During Revolution, the states created a “confederation”. • U.S. first constitution was the Articles of Confederation, ratified in 1781. • Political power lie with the states. • To the people, their state was their country. • Each state had their own constitution, their own currency, and their own trade regulations! • Founders believed that a strong national government “was the root of all evil”.

3. II. Problems with Articles of Confederation • Inability of national government. • Congress did not have money and did not have the power to tax. • National government had no means of enforcing laws, or punishing law breakers. • Congress was at mercy of states. • Congress could not regulate trade. • Citizens thought their property rights were threatened. • Civil rebellions & uprisings • Congress had difficulty managing foreign affairs and paying off war debt. • Interstate relations were lacking! (States weren’t getting along!)

4. III. “Upside of the Article of Confederation • State government flourished! • Exemplified democratic values • Protected personal liberties • Increase in political participation • Government representative of the people

5. IV. Revising the Articles of Confederation • By mid-1780’s it was obvious that revision of Articles of Confederation was necessary. • Success of our country depended on it! • Congress called for a meeting in 1787 • brainstorm ways to improve the Articles of Confederation

6. V. Philadelphia Convention • Fifty-five delegates, from 12 states, attended the Convention: • Most were young. • Most had played a role in American Revolution. • Most had some political experience. • Whose who at the Convention: • James Madison: “Father” of Constitution. • George Washington: “President” of the convention.Not interested in being a part of politics. • Ben Franklin: “Compromiser”Encouraged the delegates to cooperate when they disagreed. • Gouverneur Morris: Wrote Constitution and prepared final draft.

7. V. Philadelphia Convention: • Rules of the Convention: • Throw Articles out and start new! • Revision of Articles required unanimous vote…since only 11 states showed, this was impossible! • Keep record of what was said a secret for 30 years. • Secrecy would take the pressure off; better chance of approval if people didn’t know ins and outs. • Give each state one vote in convention proceedings. • Gain cooperation of small states.

8. VI. Brainstorming a New Government • Basic ideas that should be included in new constitution: • Constitutional government (limits on power). • System of checks and balances & separation of powers. • Majority rule • Purpose of government is to protect natural rights and promote common good. • Federal System • Strong national government • Republican form of government.

9. VII. Compromise was part of the game • There was a lot of argument on how those basic ideas should be played out. • What about representation in government? • Based on equality or population? • How will government be limited? • Divide new government into three separate, but interdependent branches.

10. VIII. Outline of Constitution • Founders created a Constitution that outlined the new government. • Required 9 of 13 states to approve before going into affect. • Fixed the issue with Articles of Confederation (unanimous decisions makes change impossible!) • Ratified in 1789, by the 9th state (New Hampshire) • Eventually, all 13 states approved; Rhode Island was last. • Power shifted from states to national government. • Idea of “federalism” incorporated into Constitution to help ratification. • Federal government supreme, but states sill have power. • Made ratification more reasonable.

11. IX. How is the Constitution organized? • Preamble: Introduces basic ideas of government. • Article One:Legislative Branch • Article Two: Executive Branch • Article Three: Judicial Branch • Article Four: Interstate relations • Article Five: Amendment Process • Article Six: National Supremacy • Article Seven: Ratification Process

12. X. Preamble • Introduction of Constitution: • Emphasize the importance of the people in their writing (“We the People…”) • Identifies six purposes of government: • Form a more perfect union (unify government) • Establish justice (create national court system) • Insure domestic tranquility (preserve peace) • Provide for common defense (protect from enemies) • Promote the general welfare (provide for common good) • Secure blessings of liberty (safeguard freedom)

13. XI. Article One: Legislative Branch • Explains how legislative branch is organized: • Created BICAMERAL legislature: • “Great Compromise” determined how each state would be represented. • Senate: each state has two. • House of Representatives: based on population. • Purpose of legislative branch (make laws) • Outlines checks and balances between the different branches of government. • Outlines powers that legislative branch does and does not have.

14. XII. Article Two: Executive Branch. • Explains how the branch is organized. • President • Vice President • Cabinet & Executive Departments • Purpose of executive branch: • ENFORCE LAWS • Responsibilities of president include: • Commander & Chief of Armed Forces • Grant reprieves & Pardons • Deliver state of Union Address • Conduct Foreign Affairs

15. XIII.Article Three: Judicial Branch • Explains how branch is organized: • Legislative Branch has power to establish lower courts. • Supreme Court is highest court. • Nine Supreme Court Justices. • Purpose of Judicial Branch: • INTERPRET CONSTITUTION • Judicial Review: • Marbury v. Madison: gave Supreme Court the power of judicial review. • Judicial Review is the Supreme Courts power to interpret laws or actions as unconstitutional.

16. XIV. Article Four: Interstate Relations • Explains: • State powers • Based upon the idea of federalism • Admission of New States • Relationships between states • Full Faith & Credit • Privileges & Immunities

17. XV. Article Five: Amendment Process • Explains ways in which Constitution can be changed! • Corrected issues with Articles of Confederation. • Reason why our Constitution still works…it can be changed to relate with the times! • Constitution can be amending in two ways: • Formally: Adding or taking away ideas in Constitution (17 times). • Informally: Interpretation (Supreme Court) • Outlines formal process • Proposed by the Congress, approved by the state legislatures!

18. XVI. Article Six: National Supremacy • Federal law is Supreme over any other law. • Establishes power of national government. • States must comply to federal law. • Corrected issues of Articles of Confederation. • Shifted power to federal government.

19. XVII. Article Seven: Ratification • Ratification means approval. • Constitution did not go into affect until 9 of the 13 states approved of it’s organization of government. • All states eventually ratified Constitution. • 1791: George Washington appointed as 1st president of the new government.

20. XVIII. Equality Issues • Equal Representation • Virginia Plan (based on population) • New Jersey Plan (equal representation) • “Great Compromise” (bicameral legislature) • Did this make representation equal? • Slavery • 3/5 compromise • Table slave trade issue • Political Equality • Universal manhood v. property qualifications

21. XIV. Economic Issues • National Currency • Unify states • Pay off war debt • Economic powers vested in Congress • Forbidden to tax exports • Tax

22. XX. Great Silences of Constitution • Slavery • Scope of national powers • Judicial Review • Role of political parties, bureaucracy, congressional committees. • Post Offices, Interstate highways, right to abortion.

23. Constitutional Principles

24. Constitution in Review • Shifted power from states to national government. • Created national currency. • Built in flexibility, ability to be changed. • Belief in republican form of government.

25. Constitution • Constitutional Convention shared beliefs in basic principles of government • Reflects fundamental values of democratic system. • Popular Sovereignty • Limited Government • Federalism • Separation of Powers • Checks and Balances

26. Popular Sovereignty • Constitution begins with “We The People”. • Framers made it clear that power & authority comes from the citizens. • Lies at the heart of democracies.

27. Limited Government • Framers still wanted to protect against tyranny. • Created plan to limit government’s power: • Power is vested in institutions, not people. • National government does not have absolute authority. • “Popular Sovereignty”: people give government power. • Powers of government spelled out in Constitution. • Government must obey laws • “Rule of Law”

28. Federalism • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” • Amendment 10, of Constitution

29. Federalism • Def: “the division of power between national & state governments.” • Federal Government: National Powers • State Government: Local Issues. • Federal Powers: • “Elastic Clause” • Article I, Section 8 • Gives Congress flexibility in dealing with the changing needs of the nation. • Listed in the Constitution • Coin money • Regulate trade • Create & maintain armed forces • Conduct foreign policy • Declare war • Establish postal system

30. Federalism • State Powers: • Any power not given to federal government in Constitution: • Qualifications of voting • Conduct elections • Regulate trade within their borders • Create local government • Establish & maintain schools • Shared Powers: • Powers Constitution doesn’t grant/deny to either: • Levying & collecting taxes • Defining crimes

31. Federalism • When in doubt, federal government wins! • Supremacy Clause: Constitution and federal government trumps state laws. • Examples: • Legalizing marijuana (1970, 2005) • Abortion (1970’s) • Drinking age of 21 (1984) • Legal limit being .08% (2003) • Drug testing in schools (2005) • Internet betting/internet pornography (2005-2006)

32. Separation of Powers • Framers limited federal government by dividing power into three branches: • Legislative • Executive • Judicial • System is referred to as separation of powers.

33. Checks & Balances • Each branch of government has power to control the other two. • Strengthens the separation of power & further limits authority of federal government. • Importance of “Compromise”

34. Checks & Balances • Checks by the legislature: • Senate approves Cabinet members, federal judges, ambassadors. • Senate approves treaties • Congress can override a presidential veto. • Congress has impeachment powers. • Congress can propose amendments to override judicial efforts.

35. Checks & Balances • Checks by the executive • Veto power • Call special sessions • Recommend legislation

36. Checks & Balances • Checks by the judiciary • “Judicial Review” • Power to declare acts of Congress or President as unconstitutional. • Not spelled out in Constitution.

37. Checks & Balances • Checking the Power of the People: • Limits the power of the people on government. • Voters would elect representatives directly • State legislatures would choose Senators. (17 amendment) • State legislatures would choose electoral college.