Transcript The Constitution

Government
&
The Constitution
Declaration of Independence
July 4, 1776
1) Written by Thomas Jefferson
2) A statement adopted by the
Continental Congress that
announced the independence
of the thirteen colonies from
Great Britain.
3) It justified independence by
listing colonial grievances
against King George III.
4) We were already at war with
the British.
5) It set in motion the birth of the
United States of America.
6) It was considered treason by
the British.
Declaration of Independence
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“We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their creator
with certain unalienable Rights, that among these are
Life, Liberty, and the pursuit of Happiness. That to
secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the
governed. That whenever any Form of Government
becomes destructive of these ends, it is the Right of the
People to alter or to abolish it, and to institute new
Government, laying its foundation on such principles and
organizing its powers in such form, as to them shall
seem most likely to effect their Safety and Happiness.”
Articles of Confederation (1781-1789)
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4)
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6)
Under the Articles there was only a
unicameral legislature so that there was no
separation of powers.
The federal government under the Articles
was too weak since the majority of the
power rested with the states.
Congress, under the Articles, did not have
the power to tax which meant that they
could never put their finances in order.
In order to change or amend the Articles,
unanimous approval of the states was
required, which essentially meant that
changes to the Articles were impossible.
For any major laws to pass they had to be
approved by 9 of the 13 states which
proved difficult to do so that even the
normal business of running a government
was difficult.
Under the Articles, Congress did not have
the power to regulate commerce which will
cause competition between states as well
as diplomatic issues.
Federalists vs. Anti-Federalists
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It was agreed by Congress that a new Constitution should be written, but
there was strong debate as to what it would look like.
Federalists: People who supported a government with a strong federal
government.
Anti-Federalists: People who supported a government with strong state
governments (States Rights).
Most Federalists lived in the North (manufacturing) and was pro-British.
Most Anti-Federalists lived in the South (agricultural) and was pro-French.
Federalists = Federalist Party
Anti-Federalists = Democratic Republican Party
Federalists Papers
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A series of 85 essays that
supported the ratification, or
passage of the new U.S.
Constitution.
The purpose of the essays were to
influence citizens, especially in
New York, to accept the new
Constitution.
The authors were Alexander
Hamilton, James Madison, and
John Jay.
Great Compromise (1787)
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Defined the legislative structure
and representation each state
would have under the
Constitution.
It proposed a bicameral
legislature. Congress is made
up of an upper house (Senate)
and lower house (House of
Representatives).
Senate: Representation is equal
for each state. Each state has (2)
Senators. There are 100 U.S.
Senators today.
House of Representatives:
Representation is based on
population. The more people in a
state the more representation.
There are 435 U.S.
Representatives today.
Three-Fifths Compromise
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Many Southern states wanted to
count slaves in the population
count even though they could not
vote. Why?
It was compromised in the
Constitutional Convention of 1787
that three-fifths of the population
of slaves would be counted for
representation and tax purposes.
Ratification: Formal approval or acceptance
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Unlike the Articles of Confederation,
the new Constitution proposed that
nine out of the thirteen states had to
ratify it.
Anti-Federalists demanded that
there be a Bill of Rights to guarantee
individual rights and freedoms that
would be taken away from a strong
federal government.
Anti-Federalists also wanted the
national capital to be moved to a
more central location between the
North and South. Washington D.C.
was born.
The Constitution was mostly written
by James Madison.
The Constitution was completed on
September 17, 1787.
The Constitution provided for more
balance of power between federal
and state governments.
Articles of Confederation
Constitution
Levying taxes
Congress could request states to pay taxes
Congress has right to levy taxes on individuals
Federal courts
No system of federal courts
Court system created to deal with issues between citizens, states
Regulation of trade
No provision to regulate interstate trade
Congress has right to regulate trade between states
Executive
No executive with power. President of U.S. merely
presided over Congress
Executive branch headed by President who chooses Cabinet and has checks on
power of judiciary and legislature
Amending document
13/13 needed to amend Articles
2/3 of both houses of Congress plus 3/4 of state legislatures or national convention
Representation of states
Each state received 1 vote regardless of size
Upper house (Senate) with 2 votes; lower house (House of Representatives) based
on population
Raising an army
Congress could not draft troops, dependent on states to
contribute forces
Congress can raise an army to deal with military situations
Interstate commerce
No control of trade between states
Interstate commerce controlled by Congress
Disputes between states
Complicated system of arbitration
Federal court system to handle disputes
Sovereignty
Sovereignty resides in states
Constitution the supreme law of the land
Passing laws
9/13 needed to approve legislation
50%+1 of both houses plus signature of President
Constitution Layout
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Preamble: Statement of purpose
(“We the People”)
Article One: Legislative (Congress)
power
Article Two: Executive Power
(President)
Article Three: Judicial Power
(Supreme/Federal Court)
Article Four: States’ Powers and
Limits
Article Five: Amendments, or
changes to the Constitution.
Article Six: Federal Power
Article Seven: Ratification
Requirements
Amendments: Outlines rights,
freedoms, and rules of individuals.
(Total = 27)
Bill of Rights: First ten amendments.
Three Branches of Government
http://www.youtube.com/watch?v=pyqEAPYnhjk
http://www.youtube.com/watch?v=BQh33EF4q6s
Separation of Powers (Checks and Balances):
Each branch has separate powers and areas of responsibility so that
no one branch has more power than the other branches.
http://www.youtube.com/watch?v=aO1zrnR6q7g&feature=related
Checks and Balances at Work
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Congress passes laws
The President may veto, or cancel, laws.
Congress can override the President’s veto with a vote of 2/3 majority in
both houses.
The Supreme Court may check Congress by declaring a law
unconstitutional. (Example: Arizona Immigration Law)
Supreme Court members are appointed by the President.
The appointments have to be approved by Congress.
Federalism
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Power that is divided among Federal, State, and Local governments.
Federal
Local
State
Bill of Rights
First Amendment
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Freedom of speech, religion,
press, petition, and assembly.
Second Amendment
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The right to bear arms.
Third Amendment
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The government cannot use
homes to quarter soldiers without
consent of the owners.
Fourth Amendment
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Guards against searches, arrests,
and seizures of property without a
warrant or probable cause a crime
has been committed.
Fifth Amendment
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No trial for major crime without
indictment (formal charge) by
grand jury, prohibits double
jeopardy, no punishment without
due process of law, an accused
person does not have to take the
stand and testify against
themselves, and the government
cannot take property without just
compensation.
Sixth Amendment
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The right to a speedy trial, trial by
jury, legal counsel, and the right
for the accused to bring
witnesses.
Seventh Amendment
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Assures trial by jury in civil cases.
Eighth Amendment
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Forbids excessive bail, fines, and
cruel and unusual punishment.
Ninth Amendment
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Rights not specifically mentioned
in the Constitution belong to the
people.
The Constitution is not a complete
list of rights!
Tenth Amendment
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Whatever powers are not
delegated to the U.S. government
belong to the state governments.
Amendments 11-27
11
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A lawsuit brought by a citizen of the U.S. or a foreign nation against
a state must be tried in a state court, not a federal court.
12
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Electors are to cast separate ballots for President and Vice
President. This would help to prevent ties. (Example: Thomas
Jefferson and Aaron Burr)
13
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Abolition of slavery.
14
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Citizenship to all people born in the U.S., including former slaves.
Guaranteed due process of law, which means that the government
must respect all legal rights for people under the law.
15
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Suffrage, or the right to vote for African-Americans. Everybody
could vote except women!
16
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Established Congress’s right to impose a federal income tax.
17
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Direct election of senators by the people of that state.
18
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Prohibition of alcohol.
19
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Women’s suffrage!! (The right to vote)
20
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“Lame Duck:” The time between when a new person is elected
President and the Inauguration was shortened. A President is
elected on Tuesday after the first Monday in November and the
Inauguration is January 20.
21
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Repeal of the Prohibition Amendment (18th).
22
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Limit on Presidential terms.
23
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Granted people living in the District of Columbia the right to vote in
presidential elections. The District casts three electoral votes.
24
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Abolition of the poll tax.
25
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Presidential disability and succession. The VP becomes President if
the President dies, resigns, removed, or incapacitated. The
President will appoint a new VP in similar situations.
26
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Eighteen-year-old right to vote.
27
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Prohibits the increase or decrease of salary of members of Congress
taking effect until the start of the next set of terms of office for
Representatives.
Shays’ Rebellion (1786-1787)
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Angered by debt and taxes, angry
farmers, led by Daniel Shays,
started a rebellion in
Massachusetts.
Shays was a veteran of the
Revolutionary War.
Many farms were being taken and
some people were put in jail.
The “Regulators” shut down local
courts to stop the enforcement of
debt collection.
The lack of an institutional
response led to a reevaluation of
the Articles of Confederation.
Over time, the rebel army
disbanded. Some hanged or put
in prison. Over time, all were
pardoned.
Whiskey Rebellion
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This was a tax protest in
Pennsylvania in the 1790s.
In 1791, the Federal government
issued an excise tax (inland tax)
on whiskey.
The tax was funding for
Hamilton’s debt plan.
Over 500 angry men attacked the
home of a tax collector.
President George Washington
personally led an army to put
down rebellion, but the protest
collapsed before he arrived.
All the protestors were pardoned.
The rebellion demonstrated that
the new Federal government had
the ability to suppress violent
resistance to laws.
Alexander Hamilton vs. Thomas Jefferson
Alexander Hamilton
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Hamilton (Federalists Party):
President Washington’s Secretary
of the treasury in 1789.
Sought to increase power of the
federal govt. with “the rich, the
well-born, and the good.”
Debt Plan: 1) Congress pays all
debts (foreign, citizens, state). 2)
Pay war bonds at full value. 3)
Move capital near Virginia. 4)
National Bank.
Loose-Constructionist: There are
loopholes in the Constitution!
Loose interpretation.
Thomas Jefferson
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Jefferson (DemocraticRepublican Party):
Washington’s Secretary of the
State in 1789.
Rejected National Bank idea
because it violated the
Constitution.
Strict-Constructionist: If the
Constitution does not say it, then
you can’t do it! Strict
interpretation.
Implied Powers
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Hamilton won the National Bank debate because of the idea of implied
powers.
Implied Powers: Although the Constitution does not say it, it may “imply”
a particular power. The Constitution indirectly gives certain powers to the
Federal government.
If the Federal is responsible for regulating taxes, then it makes sense to
create a National Bank to help manage funds. As a result, the Constitution
“implies” this power.
Who are some of our Federal
leaders?
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President: Barrack Obama
Vice President: Joe Biden
Speaker of the House: John Boehner
Senate Majority Leader: Harry Reid
Secretary of State: Hilary Clinton
Secretary of the Treasury: Timothy Geithner
Secretary of Defense: Robert Gates
Attorney General: Eric Holder
Chief Justice: John Roberts
Florida’s two U.S. Senators: Marco Rubio (R) & Bill Nelson (D)
Manatee/Sarasota County U.S. Representative: Vern Buchanan (R)
& Kathy Castor (D)
Who are some of our State
leaders?
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Governor: Rick Scott
Lieutenant Governor: Jennifer Carroll
State Representative for Manatee/Hillsborough County (District 68):
Jim Boyd
State Senator for Manatee County (District 21): Michael Bennett
Arthenia Joyner (Palmetto area, District 18)
Florida State Attorney General: Pam Bondi
Florida State Supreme Court Chief Justice: Charles Canady
Who are some of our Local
leaders?
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Mayor of Bradenton: Wayne Poston
Mayor of Palmetto: Shirley Groover Bryant
Mayor of Sarasota: Suzanne Atwell
County Commission: A group of elected officials
charged with administering county government. They
are the legislative body of Manatee County.
School Board of Manatee County (5 members)
Superintendent (Tim McGonegal)
Sheriff (Brad Steube)