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Warm-up. Did we keep the Articles of Confederation? Why or why not? Did we create a strong central government? Why? What powers does the central government have?

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Warm-up

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Warm-up

  • Did we keep the Articles of Confederation? Why or why not?

  • Did we create a strong central government? Why? What powers does the central government have?

  • Did we establish a leader? Did we call him king? What did we call him? What if he gets too powerful? What can the leader do? How do we make sure he isn’t tyrranical?


Constitutional Convention & the 3 branches of government


The Philadelphia Convention

  • The Constitutional Convention (May-Sept. 1787)

    • Purpose: Meeting to fix the Articles of Confederation

    • How Conducted: 12 States represented (55 delegates) Rhode Island refused

    • Leader: George Washington elected president of the convention

    • John Adams, Ben Franklin, Alexander Hamilton, James Madison all present (no Jefferson)


James Madison

  • After short debate, delegates agree to scrap the AOC

  • “The Father of the Constitution”

  • Primary writer


Problems at Convention

  • Representation

  • Slavery

  • Executive Branch

  • Trade

  • Checks and Balances/Separation of Powers


Constitutional Compromises

  • Representation

    *Virginia Plan – Representation based on population

    *Bicameral -- 2 house legislative branch

    * “Big State Plan” – unfair to small states

    * New Jersey Plan – Equal representation

    * Unicameral – 1 house legislative branch

    * “Small State Plan” – unfair to large population states


The Great Compromise

  • The “Connecticut” Compromise, written by Roger Sherman of Connecticut

  • Structure: Bicameral legislature (2 houses)

    • One house based on population (House of Reps)

    • One house based on equal representation (Senate)


Other Compromises

  • Slavery

    *3/5 Compromise – of every 5 slaves, three counted toward population

    What would the free states have wanted?

    What would the slave states have wanted?


Electoral College

  • Would we have a president?

  • How do we pick the president?

    Executive Branch

    *Electoral College – our method for electing a president


Ratification (Passage)

  • 9/13 states must ratify to pass

  • DE, NJ, GA, CT 1st to adopt

  • PA 1st Large State

  • MA, MD, SC, NH

    June 21, 1788 – Constitution is officially adopted

    *NY, VA, RI, NC adopt because they have no choice!


Federalists vs. Anti-Federalists

  • 1st 2 political parties

  • Federalists – supported the new Constitution

    • Alexander Hamilton, James Madison, John Jay

    • Write Essays under penname Publius (Federalist Papers)

    • Argue for the new constitution

  • Anti-Federalists – wanted more protections for individual rights (AKA Democrat-Republicans)

    • Patrick Henry, Samuel Adams, Richard Henry Lee

    • Write papers known as the Anti-Federalist Papers

    • Argue for individual rights


What was missing?

Will not be added until 1796


1. RAPPS

Freedom of Religion, Assembly, Press, Petition, Speech

2. Right to Bear Arms

3. No Quartering of Soldiers

4. No illegal Search and Seizure

5. No Double Jeopardy, Self Incrimination, Eminent Domain, etc…

6. Speedy Public Trial, Lawyer

7. Trial by Jury

8. No Cruel/Unusual Punishment or Excessive Bail or Fines

9. Constitution is not a limited document

10. Reserved Powers

The Bill of Rights (1791) – Washington’s Major Accomplishment


The Three Branches

of Government

Picture courtesy of www.damchicago.com


Montesquieu: “Spirit of the Laws”

Believed that there are 3 types of gov’t:

Republic (democratic or aristocratic), Monarchy, and Despotism (dictator)

That is order to have the best gov’t, power should be separated within gov’t

Back to philosophy


Introduction

  • U.S. Constitution divides powers among three branches

  • “Separation of Powers”

  • Why was this done?


Separation of Powers

  • Limits government powers

  • Prevents any one branch from having too much power


Three Branches of Government

  • Legislative Branch

  • Executive Branch

  • Judicial Branch

  • What does each branch do?


Three Branches of Government

  • Legislative Branch – makes the nation’s laws

  • Executive Branch – carries out the laws

  • Judicial Branch – interprets the laws


3 Branches of Government

Executive

Branch

Legislative

Branch

Judicial

Branch

President &

Vice President

Congress

Supreme Court

Advisors &

Appointees

Senate

House of

Representatives

Federal Court

System


Legislative Branch

  • Article 1 of the Constitution

  • Congress – law-making branch

  • Two houses

    • Senate

    • House of Representatives


Picture courtesy of en.wikipedia.org


Executive Branch

  • Article 2 of the Constitution

  • Executes, or carries out, nation’s laws

  • President, Vice President, appointees & advisors


Photo courtesy of www.john-daly.com


Judicial Branch

  • Article 3 of the Constitution

  • U.S. Supreme Court & federal court system

    • Interprets laws

    • Punishes law-breakers

    • Determines if laws

      are constitutional


Photo courtesy of web.utk.edu


Checks & Balances

  • Each branch has its own powers

  • Yet, no branch can become too powerful

  • How does the Constitution balance the powers?


Checks & Balances

Each branch has powers to check,or limit, the powers of the other 2 branches


How does this work?

  • Congress has power to make laws

  • President has power to veto, or turn down, proposed laws

  • President can check power of Congress


Can Congress check the President’s power?

  • Congress can override, or pass a law over President’s veto

  • 2/3 majority vote in both houses needed


Is the Supreme Court involved in law-making?

  • Supreme Court can check the powers of Congress and the President

  • Interprets laws

  • Determines if laws are constitutional


Wrap-up

  • What are the three branches of government?

  • What are the primary responsibilities of each?

  • Why does the U.S. Constitution provide for a separation of powers?

  • How does the system of checks and balances work?


Homework:

Think of 3-5 things you would add, remove, or change in the U.S. Constitution. Nothing needs to be turned in yet, just reflect on what you think needs to be addressed and come in tomorrow with some ideas.


Photo courtesy of www.usconstitution.com


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