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Creating the Constitution Chapter 2, Section 4. Basically written so 13 countries could work together on some issues State governments had most of the power. Many members didn’t attend Congress, so laws couldn’t be passed (quorum)

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Creating the constitution chapter 2 section 4

Creating the ConstitutionChapter 2, Section 4



  • Many some issuesmembers didn’t attend Congress, so laws couldn’t be passed (quorum)

  • Articles couldn’t be amended without unanimous consent of ALL states


The solution
The Solution: some issues

  • May 25, 1787 – The states meet in Philadelphia to revise the Articles of Confederation


The framers
The Framers some issues

  • Framers - the group of delegates who attended the Constitutional Convention

  • Rhode Island – only colony that didn’t attend

  • 55 Delegates met

  • “Never before or since, has so remarkable a group of men been brought together in this country.” Thomas Jefferson


Organization and procedure
Organization and Procedure some issues

  • Rules of procedure:

    • Majority of the states needed to conduct business (Quorum)

    • Each state delegation had one vote on all matters.

    • Majority of the votes would carry a proposal.


The plan
The Plan some issues

  • Clearly the Articles couldn’t be fixed

  • 5 Days after the Convention began, they voted to create a new Constitution


Organization and procedure1
Organization and Procedure some issues

  • Worked in secrecy

  • James Madison became the floor leader

    • Called the “Father of the Constitution”

    • Only delegate to bring a plan


Virginia plan
Virginia Plan some issues

  • James Madison’s plan

    • Bicameral Legislature

    • Representation in each housed based on

      • State’s population

      • Amount of money it gave to central government


Virginia plan1
Virginia Plan some issues

  • Lower house were popularly elected.

  • Senate (upper house) were chosen by the house from list of persons nominated by state legislatures.

  • Congress was given all powers under Articles plus:

    • Veto state law in conflict with national law

    • Use force to make states comply


Virginia plan2
Virginia Plan some issues

  • Congress would choose a “National Executive” and a “National Judiciary”

  • These two branches called the “Council of Revision”

  • Could veto congress

  • Veto could be overridden by the two houses.

  • Congress could admit new states to the union


Virginia plan3
Virginia Plan some issues

  • Create a new Constitution by revising the Articles

  • Create a truly national government with greatly expanded powers

  • Ability to enforce those powers

  • Smaller states did not like it


The new jersey plan
The New Jersey Plan some issues

  • Retained unicameral Congress

  • Each state equally represented

  • Added powers to tax and regulate trade between states.

  • Federal executive of more than one person chosen by Congress


The new jersey plan1
The New Jersey Plan some issues

  • Could be removed by a majority of the states governors.

  • Federal judiciary, ”supreme tribunal” appointed by the executive


Major point of disagreement
Major Point of Disagreement some issues

  • How would states be represented?


The connecticut compromise
The Connecticut Compromise some issues

  • Settled the conflict

  • Congress composed of two houses.

  • Senate = states represented equally.

  • House of Representatives = based on population.

  • Was called the “Great Compromise”


3 major conflicts
3 some issues Major Conflicts:

  • Representation in Congress

  • Counting Slaves

  • Commerce / Slave Trade


The three fifths compromise
The Three-Fifths Compromise some issues

  • How should slaves be counted in the south?

    • South thought they should be counted

    • North thought they should not.

  • Free persons were counted and “Three fifths of all other persons”


Commerce slave trade compromise
Commerce / Slave Trade Compromise some issues

  • The South had concerns re: power of the federal gov’t to regulate trade

  • Compromise:

    • Congress couldn’t tax state exports

    • Couldn’t do anything to slave trade for 20 years (1808)


Summary
Summary some issues

  • Despite many compromises, the Framers agreed on the basics:

    • Need for greater powers at the Federal level

    • Representative government

    • Power should rest with the People

    • Government should be limited

  • Finished Sept. 17, 1787


Homework
Homework some issues

  • Read pp.56-58

  • Answer p. 58 (1-5)


Ratification the process of approval

Ratification – some issuesThe process of approval

Ratification of the Constitution


Ratification of the Constitution some issues

  • Federalists – Supported the strong Federal government of the new Constitution

    • Alexander Hamilton

    • James Madison

    • John Jay


Ratification of the Constitution some issues

  • Federalists

    • Represented the elite (upper classes)from coastal regions

    • Wrote the Federalist Papers in support of the Constitution


Ratification of the Constitution some issues

  • Antifederalists – Opposed the new Constitution

    • Wanted strong state governments

    • Samuel Adams

    • Patrick Henry


Ratification of the Constitution some issues

  • Antifederalists

    • Represented backcountry farmers

    • Demanded a Bill of Rights to protect people from their government


Bill of rights

Bill of Rights some issues

1st 10 Amendments

Added to ensure ratification of Constitution


Political foundations

Political Foundations some issues

Bill of Rights:

Freedom of Speech, Press, Religion, Assembly

Right to bear arms

Fair Trials


Political foundations1

Political Foundations some issues

Protection from:

Unreasonable Search and Seizure


  • Bell Ringer (5) some issues

  • Announcements

  • Review (5-10)

  • New Content (Basic Constitutional Principles) (20)

  • Mini-Poster Assignment (20)

  • Constitution Reading (20)

  • Romney Speech


Outline of the constitution
Outline of the Constitution some issues

  • Preamble

  • 7 Articles outlining the government’s organization

  • 27 Amendments


Outline of the constitution1
Outline of the Constitution some issues

  • Articles I-III: 3 Branches of Government

  • Article IV: States & their relationship to the National Government

  • Article V: Amendment process

  • Article VI: Constitution is the Supreme Law of the Land

  • Article VII: Process for ratification


Basic constitutional principles
Basic Constitutional Principles some issues

  • Popular Sovereignty – People hold ALL the power in our government


Basic constitutional principles1
Basic Constitutional Principles some issues

  • Limited Government –Government can only do what the Constitution says it can


Basic constitutional principles2
Basic Constitutional Principles some issues

  • Separation of Powers – Governmental powers are broken up into 3 branches


Political foundations2
Political Foundations some issues

  • Checks and Balances – Branches should hold each other accountable

  • Chart, p.68 – KNOW IT!


Basic constitutional principles3
Basic Constitutional Principles some issues

  • Federalism – The division between & sharing of power between the state and National Governments


Basic constitutional principles4
Basic Constitutional Principles some issues

  • Judicial Review– Courts determine if government is following the Constitution


Homework1
Homework some issues

  • Create a mini poster that illustrates the 6 principles of the Constitution.

  • For each, include the principle, a brief definition and an image that illustrates the concept.

  • Your choice: Color OR obvious artistic effort


Homework2
Homework some issues

  • Read Article I of the Constitution (pp. 760-766)

  • Take notes on Article I (optional)

  • Be ready for a 10-question open-note quiz over Article I next time we meet



Objective
Objective some issues

Explain the explicit and implicit organizational structures of Congress


P 262 263
(p.262-263) some issues


Political ideology
Political Ideology some issues


Political ideology1
Political Ideology some issues


Notes ws
Notes WS some issues

  • Term –

  • Session –

  • Adjourn –

  • Prorogue –

  • Special Session -


Questions
Questions some issues

  • Is it good that a Congressional session now lasts for most of the year?

  • When would you be most likely to find our Congressmen in SC?


Objective1
Objective some issues

Explain the explicit and implicit organizational structures of Congress


House of representatives
House of Representatives some issues

  • 435 voting members

    • 4 non-voting members- DC, Guam, Samoa, Virgin Islands

      • Can propose legislation but cannot vote


House of representatives1
House of Representatives some issues

  • Requirements:

    • 25 years old

    • Citizen 7 years

    • Legal resident of state that elects them

    • No term limits


House of representatives2
House of Representatives some issues

  • Selected by a direct popular vote

    • The first Tuesday following the first Monday in November of even numbered years


Question
Question some issues

  • Why have elections every two years for Representatives?


Objective2
Objective some issues

Explain the explicit and implicit organizational structures of Congress


House of representatives3
House of Representatives some issues

  • Representation

    Census- every ten years (next is 2020)


The legislative branch1
The Legislative Branch some issues

  • Reapportionment

    • Article I of the Constitution directs Congress to reapportion—redistribute—the seats in the House after each census.

    • The Reapportionment Act of 1929 set the “permanent” size of the House at 435 members, and provided for “automatic reapportionment.”


The legislative branch2
The Legislative Branch some issues

  • Districts are redrawn as states add/lose representatives

  • State legislatures draw these new districts

  • What is the potential problem here?



The legislative branch4
The Legislative Branch some issues

  • Gerrymandering – Drawing districts to create an advantage for the party in power

  • Wesberry v. Sanders (1964)– This is unconstitutional!


House of representatives4
House of Representatives some issues

  • Speaker of House: leader of house, a caucus (closed meeting) of majority party chooses speaker, entire house approves.

    • Decide order of recognition

    • Appoints members to some committees

    • Refers Bills to proper committee

    • Next in line behind V.P. to President

    • Votes in a tie


House of representatives5
House of Representatives some issues

  • House Floor Leaders

    • Majority Leader:

      • Plans legislative program

      • Steers bills through the House

      • Oversee leaders of the committees.

    • Majority Whip:

      • Monitors how reps. will vote & encourages them to vote with the party


House of representatives6
House of Representatives some issues

  • Majority Leader: Eric Cantor (R)

  • Minority Leader: Nancy Pelosi (D)



The senate
The Senate some issues

  • Requirements:

    • 30 years old

    • Citizen 9 years

    • Legal residents of the state


The senate1
The Senate some issues

  • 2 Members per state

  • Elected for six year terms

    • Elections are staggered so that only 1/3 are up for reelection at one time.


The senate2
The Senate some issues

  • Originally elected by state legislatures

  • 17thAmendment = Senators elected by a direct popular vote


The senate3
The Senate some issues

  • President of the Senate – Vice President

    • Cannot debate

    • Cannot vote unless there is a tie

  • VP does not attend unless a tie is expected

  • President pro tempore– usually the member of the majority party with the most seniority


  • The senate4
    The Senate some issues

    • Filibuster-To prevent a vote by continuing to speak.

    • 3/5 majority can stop the filibuster (cloture)


    Both houses
    Both Houses some issues

    • Legislative Immunity– The Constitution gives members of Congress certain privileges to enable Congress to function properly.

      • Members may not be taken to court for anything they say while Congress is meeting.

      • Members may not be arrested for minor “breaches” of the law while performing official Congressional business.


    Both houses1
    Both Houses some issues

    • Congressional Discipline– “Code of Ethics.” Each house is responsible for disciplining its own members.

      • Reprimand – needs majority vote – (least severe discipline)

      • Censure – needs majority vote

      • Expulsion – needs 2/3 vote (most severe discipline)



    The legislative branch sec 5 staff and support agencies
    The Legislative Branch some issuesSec. 5—Staff and Support Agencies

    • Personal vs. Committee Staff

    • Support Agencies

      • Library of Congress

      • Congressional Budget Office

      • General Accounting Office

      • Government Printing Office


    The legislative branch6
    The Legislative Branch some issues

    • Congressional Discipline – The members of Congress create and abide by a set of rules called the “Code of Ethics.” Each house of Congress (House of Representatives and Senate) is responsible for disciplining its own members.

      • Reprimand – needs majority vote – (least severe discipline)

      • Censure – needs majority vote

      • Expulsion – needs 2/3 vote (most severe discipline)


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