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United States Constitution. Think Tank. Why do you think the Constitution is so important to the United States? Is the Constitution still alive today?. Virginia Plan. Written by James Madison Separation of Powers Executive branch Legislative branch Judicial branch

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Presentation Transcript
think tank
Think Tank

Why do you think the Constitution is so important to the United States?

Is the Constitution still alive today?

virginia plan
Virginia Plan
  • Written by James Madison
  • Separation of Powers
    • Executive branch
    • Legislative branch
    • Judicial branch
  • Gave more power to state gov.
  • Bicameral legislature
  • Representatives based on population
james madison
James Madison
  • Did not pan out as a soldier
  • Known for the Virginia Plan
  • Federalist
  • Secretary State under Jefferson
  • 4th President of the United States
new jersey plan
New Jersey Plan
  • Written by William Paterson
  • Gave more power to national gov.
  • Unicameral legislature
  • Equal representation
the great compromise
The Great Compromise

Combined the two plans

  • Bicameral legislature
    • Upper & Lower house
  • Upper House- equal number of reps
  • Lower House- reps based on population
compromise on slavery
Compromise on slavery
  • Slaves accounted for 30-40% of some southern states
    • Increase the amount of reps/votes for that state
    • Increase taxes as well, higher population=more taxes
  • What do you do?
three fifths compromise
Three-Fifths Compromise

Agreed that:

  • All whites would count
  • plus ⅗ of the slave population

What else?

  • Constitution banned the slave trade after 20 years (Is this a problem?)
  • Slaves who fled had to be returned if captured
starter november 21
Starter November 21

What is a principle?

principle
Principle
  • Basic rule that guides and influences thought or action
  • Fundamental truth
  • Guide our decision making
think tank1
Think Tank
  • Why do people live by basic principles?
  • How do those principles affect your everyday actions?
7 principles
7 Principles

1. Limited Government

2. Judicial Review

3. Checks and Balances

4. Federalism

5. Separation of Powers

6. Popular Sovereignty

7. Individual Rights

1 limited government
1. Limited Government
  • General rule of constitutionalism
  • Government has limited power over its citizens
  • Rights and liberties are protected against government power
  • Why do we want a limited gov?
2 judicial review
2. Judicial Review
  • Courts decide if the gov. acts violate constitution
  • Part of Checks and Balances
  • Where did Judicial Review come from?
marbury v madison
Marbury v. Madison
  • Pres. John Adams appointed Justices of the Piece 1 day before Thomas Jefferson took office
  • Adam’s way of still being in control
  • Jefferson refused to honor them
  • William Marbury was suppose to be appointed
marbury v madison1
Marbury v. Madison

Marshall’s Decision

  • Not to issue the appointments
  • The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void
3 checks and balances
3. Checks and Balances
  • Each of the three branches of government exercises some control over the others, sharing power among them
  • Why do we have checks and balances?
4 federalism
4. Federalism
  • Federal gov. and the state gov. share power
    • Delegated Powers
    • Concurrent Powers
    • Reserved Powers
  • Produces a dual form of gov.
federalism cont
Federalism cont.
  • The National Government provides protection from harm for the entire country
federalism cont1
Federalism cont.
  • State governments provide protection from harm within State borders
5 separation of powers
5. Separation of Powers
  • Each branch is independent
  • Has a separate function
  • May not take the functions of another branch
6 popular sovereignty
6. Popular Sovereignty
  • Power flows from the people
  • Flows to their representatives
  • The legitimacy of the state is created by the consent of the people
  • Republicanism
republicanism
Republicanism
  • People vote for people to represent their views
  • Why are governments set up like this?
  • Do you do this?
7 individual rights
7. Individual Rights
  • Unalienable rights guaranteed to all citizens
  • Not granted by government
  • What are some of these rights?
rights
Rights
  • Freedom of speech, religion, and press
  • Freedom from unreasonable searches
  • Individual rights also encompass political, economic and civil rights
    • Right to assemble freely, to petition government, to own and use property, and to vote
critical thinking 11 25
Critical Thinking- 11/25

In what ways do the Constitutional principles imbedded in our founding document ensure the people’s rights will be protected?

delegated powers
Delegated Powers
  • Granted to the Fed. Gov. by the Constitution
  • Article 1, section 8
  • Only powers that the Federal Gov. has
  • List of powers
the powers
The Powers
  • Power to lay/collect taxes
  • To pay the debts, provide for the common defense & general welfare of the United States
reserved powers
Reserved Powers
  • Powers not delegated to the U.S. by the Constitution
  • Reserved to the States
  • Where can you find this> 10th Amendment
reserved powers1
Reserved Powers

Do two things:

1. Necessary rule of construction

2. Reaffirms the federal system

quote from john marshall
Quote From John Marshall

Chief Justice John Marshall wrote in Marbury v. Madison, "the powers of the national legislature are defined, and limited; and that those limits may not be mistaken or forgotten, the constitution is written."

concurrent powers
Concurrent Powers

What are Concurrent Powers?

concurrent powers1
Concurrent Powers
  • The concurrent powers are those powers that both the National Government and the States possess and exercise
  • Levy and collect taxes, to define crimes and set punishments for them, and to condemn (take) private property for public use
concurrent powers2
Concurrent Powers
  • Powers that the Constitution does not grant exclusively to the National Government and that, at the same time, does not deny to the States
john marshall
John Marshall
  • Captain in the Continental Army
  • Had a law firm
  • Wrote the official biography of George Washington
  • Tried Aaron Burr
  • Was in a stagecoach accident

Back

the preamble
The Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

breaking it down
Breaking it down

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

we the people of the united states
We the People of the United States
  • Everyone is included
  • The Constitution was written for all
  • Everyone has a say
  • Example- family making rules
who was writing
Who was writing?
  • Elite group of men
  • Was the entire country made up of these kind of men?
in order to form a more perfect union
In Order to form a more perfect Union
  • Trying to create something that is near perfect
  • Better than the A.o.C.
  • How can you fix it if it is not perfect?
establish justice
Establish Justice
  • Trying to establish fairness
  • They did not have justice before
  • Equal privileges and punishments for everyone
insure domestic tranquility
Insure domestic Tranquility
  • Rebellions before the Constitution
  • Wanted to stop the fighting
  • Create a safe place
  • Peaceful
provide for the common defense
Provide for the common defense
  • Native Americans & other countries to the West
  • High chance of an attack
  • The states could not repel an attack
  • United front
  • Give everyone protection
promote the general welfare
Promote the general Welfare
  • Trying to make life better
  • Forming a fair gov.
  • Help everyone
  • Care for those in need
  • What did the Framers have in mind here?
what did the framers have in minds
What did the Framers have in Minds?
  • Expansion of land holdings
  • Industry
    • Industrial Revolution
  • Investment
secure the blessings of liberty
Secure the blessings of liberty...
  • Being free
  • Not governed by a monarch
  • Ensured everyone had a better life, including generations to come
establish this constitution
Establish this Constitution...
  • Sums everything up
  • Names the document
  • Re-Establishing the United States
  • Takes the place of anything that came before it
  • Very important
bill of rights1
Bill of Rights
  • First 10 Amendments to the Constitution
  • Written by James Madison
  • Several states wanted this
    • Would not ratify the Constitution
argument
Argument
  • Federalists argued that no Bill of Rights was needed
  • Anti-federalist wanted it as a safeguard individual liberties
the story
The Story
  • Madison started to change the Constitution
  • Some representatives argued that the Constitution should not be changed
  • Decided to add the changes after Article 7
bill of rights2
Bill of Rights
  • Limits gov. power
  • List of Individual liberties
  • Ratified December 15, 1791
amendment 1
Amendment 1
  • Freedom of religion, speech, the press
  • Peacefully assemble, petition the gov
amendment 2
Amendment 2
  • Maintain a well regulated militia
  • Keep and bear arms
amendment 3
Amendment 3
  • No soldiers should be quartered in a time of peace, nor during war
  • Except when prescribed by the law
amendment 4
Amendment 4
  • No unreasonable searches and seizures
  • No warrants be issued w/o probable cause
amendment 5
Amendment 5
  • No double jeopardy
  • Cannot be compelled to be a witness against yourself
  • Cannot be deprived of life, liberty, or property
  • Private property cannot be taken for public use, without just compensation
amendment 6
Amendment 6
  • Right to a speedy and public trial
  • Confronted with the witnesses against him
amendment 7
Amendment 7
  • Controversy over $20 shall go to a trial by jury
amendment 8
Amendment 8
  • Excessive bail shall not be required
  • Excessive fines will not be imposed
  • Cruel and unusual punishment will not be inflicted
amendment 9
Amendment 9
  • There are other rights that exist aside from the ones mentioned in the Bill of Rights
amendment 10
Amendment 10
  • Any power not given to the Federal gov. is given to the people
ad