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How did the Constitution strengthen the US Government? • 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.
Constitutional Conventionof 1787 • Shay’s Rebellion(1786) caused the framers to believe that the Articles of Confederation were ineffective & needed to be replaced • Delegates gathered in Philadelphia, PA (1787) to write a new Constitution • James Madisonhe is known as the “Father of the Constitution.”
Conflict at the Constitutional Convention • Delegates disagreed on THREE key issues: • Representation • Slavery • Trade
Conflict @ the Convention:Representation in the new Congress • Big States vs. Small States • Virginia Plan • Representation based upon a states population (favored more populated states) • New Jersey Plan • Each state had equal votes • Wanted a multi-person executive branch
Compromise: Representation • The Great (Connecticut) Compromise • Settled the representation conflict • Delegates created a 2 house (bicameral) legislature • One house based upon population (House of Reps) • A second house based upon equal votes per state (the United States Senate)
Conflict: The Slavery Issue • Southern states supported slavery • Wanted slaves to count for representation, but not for taxation • Northern states • wanted slaves to count for taxation, not representation
Compromise: The Slavery Issue • The Three-Fifths Compromise: settles the Slavery Issue • 3 out of 5 (60%) slaves would be counted for both representation and taxation
DEBATE ON RATIFICATION • Federalists argue for a strong federal system to replace the Articles of Confederation (Madison/Hamilton/Jay) • Anti-federalists believe that the new constitution would be too strong and crush the Peoples rights (Henry & S. Adams)
Compromise: Federalists vs. Anti-federalists • Federalistsagree to add a Bill of Rights to the new Constitution in 1791 • The Addition of the BOR allowed Anti-Fedsto agree to ratify the new Constitution • The Constitution was ratified in 1789 (9/13 agreed)
The 1st Chief Executive • George Washington was chosen to be the first President • The BOR, System of Checks & Balances/Written Constitution all help create Limited Government • Electing officials to act as Representatives creates Representative Government
The U.S. Constitution • The New Constitution: allowed for a separate executive branch (the President), a separate judicial branch (the Supreme Court), and a two-house legislative branch (the Congress).
The Federal System/Division of Power • Power was divided between State governments and the Federal Government (Article IV = Full Faith and Credit Clause;VI= Supremacy Clause
Federalism/Division of Powers Delegated/Enumerated Powers Reserved Powers • Powers RESERVED for states: • Health & Safety matters • Marriage/divorce laws • Business regulation • Licensing of professions • Both State & Federal: • Building roads • Borrowing money • Collecting taxes • Operating courts • Federal Powers: • Armed Forces • Coining money • Regulated trade • Making treaties Concurrent Powers
Breakdown of the Constitution • Preamble – States Purpose of the Document • Article I – The Legislative Branch (Senate and House of Representatives – Qualifications and Powers of) • Article II – The Executive Branch (President and Vice President, Qualifications, Powers, Duties, Impeachment of) • Article III –The Judicial Branch (Supreme Court and Lower Courts, Jurisdiction, and Treason Defined) • Article IV –Relations Among States (Full Faith and Credit, NewStates Admitted • Article V - The Amendment Process (Changing the Constitution) • Article VI –National Debts, Supremacy Clause, Oaths of Office • Article VII- Process for Ratification (How it was adopted)
Bell Ringer – 7 Articles of the Constitution • This branch of our government that interprets the law? • This branch of our government makes the law? • This branch of our government enforces the law? • What are the three qualifications for Representatives? Senators? President? • Explain Federalism.
Basic Principles of the Constitution • Popular Sovereignty – Power is derived from the people (voting) • Limited Government – The only powers the government has is what the Constitution gives it. No one person or branch is all-powerful. • Federalism – The federal, state, and local governments all share the power to govern. The federal government is supreme! • Separation of Powers – Three branches of government: Legislative (Makes Laws), Executive (Enforces Laws), and Judicial (Interprets Laws) • Checks and Balances – Each branch can limit the power of or check the other two (Veto Power, Power of Appointment (Cabinet Positions, Justices, etc.), Impeachment, Judicial Review, Pardon Power, etc.) • Republican Government – Citizens elect representatives (legislators) to make laws for them. • Individual Rights – The Constitution and Bill of Rights protect citizens’ basic or Natural Rights (Life, Liberty, and Property). • Amendment Process – The Constitution can be changed if necessary. To date this has only happened 27 times. The last Amendment was ratified in 1992.
Exit Slip – Basic Principles of the Constitution 1. When the President refuses to sign a bill passed by Congress into law he used which check and balance? A. Cloture B. Filibuster C. Impeachment D. Veto 2. The power of the Supreme Court to decide the constitutionality of federal law is called A. Jurisdiction B. Judicial Review C. trial by jury D. Appointment 3. Which house of Congress has the power to approve Presidential appointments? A. House of Representatives B. Senate C. Run’s House 4. Which house has the sole power of impeachment? A. House of Representatives B. Senate C. White House
15th Amendment--gave voting rights to freed slaves after the civil war. 19th Amendment--gave women the right to vote. Example: The Necessary & Proper clause has been used to regulate industries that were unseen in 1789: auto industry, telecommunications, airline safety ECT... Brown v Board of Ed. allowing for the desegregation of schools
Article V – The Amendment Process • Amendment means to change. • The framers were afraid of quick change. That is why the process is difficult, but not impossible as it was under the Articles. • To date the Constitution has only been amended 27 times – last in 1992.
Two Ways to Propose an Amendment • 2/3 of both houses of Congress can propose one. • 2/3 of the states can call a constitutional convention and propose one. • You must know this: 2/3 to propose!
Two Ways to Ratify and Amendment • Ratify means to adopt or formally approve. • ¾ of the state legislatures must approve. • ¾ of the states must call individual constitutional conventions to approve. • You must know this: ¾ to ratify!