Transcript The Constitution Sec.2 Chp. 3 p63-67 Q’s 1

The Constitution
LT#1: Explain important Decisions
and Compromises made at the
Constitution Convention.
LT#2: Explain the Set-Up and
Operation of the Federal
Government.
LT#3: Identify and discuss the
Principles Underlying the
Constitution.
Charles Pinckney
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Independence Hall
At the time they were
writing it, it was called the
Pennsylvania State House.
Meeting Room
inside
Independence Hall
where they wrote
the Constitution.
A Distinguished Gathering
• Each state except Rhode Island sent
delegates to Philadelphia to fix the flaws
in the Articles of Confederation.
• Most of the 55 men were well-educated
and experienced in politics.
• Native Americans, African Americans,
and women were not included.
(pages 52–53)
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A Distinguished Gathering (cont.)
• Benjamin Franklin was the oldest
delegate at 81.
• He was a diplomat, writer, inventor, and
scientist.
• Two delegates–George Washington and
James Madison–would later become
presidents.
(pages 52–53)
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A Distinguished Gathering (cont.)
• Thomas Jefferson and John Adams could
not attend.
• They were in Europe as representatives
of the United States government.
• Patrick Henry opposed the convention
and did not attend.
(pages 52–53)
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A Distinguished Gathering (cont.)
Describe the political experience of the
delegates.
Among the 55 delegates, 8 had signed the
Declaration of Independence, 7 had been
governors of their states, and 41 were or
had been members of the Continental
Congress.
(pages 52–53)
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Thomas Jefferson
and John Adams are
in Europe.
55 Male Delegatesmostly well educated.
Rhode Island and
Patrick Henry
oppose the
Convention.
8 signed the
Declaration of
Independence.
Average age was 41
7 were Governors
41 were members of
2nd Continental
Congress
No women, Natives,
or African Americans
George Washington
and James Madison
would be Presidents
Ben Franklin Oldest
at 81
Rules and Agreements
• The delegates chose George Washington
to preside.
• Washington chose a committee to set
rules for conducting the convention.
• The committee decided that decisions
would be made by majority vote, with
each state having one vote.
• Delegates agreed to keep all discussions
secret to enable all to speak freely.
Rules and Agreements
Why did the delegates decide to keep all
discussions secret?
The secrecy rule enabled the delegates to
speak freely, without worrying about the
public’s reaction. That made it easier for
them to compromise and change their
minds on debated issues.
Rules and Agreements
• No formal records were kept.
• Most of what we know comes from
James Madison’s personal notebook
of events.
• The delegates decided to discard the
Articles of Confederation and write a new
constitution.
• Thus the meeting came to be known as
the Constitutional Convention.
Rules and Agreements
Drawing Conclusions If you had been a delegate
to the Constitutional Convention, would you have
voted for the secrecy rule? Why or why not?
Rhode Island. Does not want strong National govt.
T.J. And Adams in Europe. Patrick Henry against strong
national govt.No Natives, Women, or African Americans.
Young, well educated, experienced in politics.
George Washington
They agreed to secrecy so that delegates could speak
freely and not worry about public reaction later.
A convention where they wrote a new plan of
government through much debate and compromise.
FRITOGAMI
The Constitution
 LT#1: Explain important Decisions and
Compromises made at the Constitution
Convention.
 LT#2: Explain the Set-Up and Operation
of the Federal Government.
 LT#3: Identify and discuss the Principles
Underlying the Constitution.
The Virginia Plan and
New Jersey Plan
Virginia Plan
Large states
 Proposed a strong national government
 Suggested a Federal government. Both State and
National governments working together.
 National government would make and enforce their own
laws and collect their own taxes.
 Calls for three branches of government.
 Legislative branch would have two houses
 Representation based on population.
 Authored by James Madison
New Jersey Plan
Small States
 Favored a weak national government
 Called for One house of Congress
 Representation: Each state would get an equal vote.
 3 Branches: Congress would have most of the power but their
would be an executive and judicial branch also.
 Authored by William Paterson
Connecticut Plan
The Great Compromise
 Congress would have two houses, Senate and House
of Representatives.
 Representation in the House based on population.
 Representation in the Senate equal. Each state two
Senators.
 All tax or spending bills would start in the House.
 3 branches of government.
 Authored by Roger Sherman
 This way large and small states had their
needs met.
James Madison
William Paterson
Roger Sherman
Three: Executive,
Legislative, Judicial
Three: Executive,
Legislative, Judicial
Three: Executive,
Legislative, Judicial
Bicameral
Unicameral
Bicameral
Population
Equal by State
Population in House of
Reps, and by State in
Senate.
Large Population
Small Population
Both Large and Small
*2 Houses of Congress
*Representation based on
population
*3 branches of Government
*Strong National Govt.
*3 branches
of
Government
*2 Houses of
Congress
Compromise
Conn. Plan
*1 House of Congress
*Equal Representation per
state. (Each state one vote)
*2 Houses: House of *3 branches of Government
Reps.=based on
Population;
*Weak National Govt.
Senate=each state
equal – 2 votes.
Strong Nat’l Govt.
Legislative= make law, Judicial= interpret law,
executive= enforce law
Virginia= 2 Houses, representation based on
population, N.J.= 1 House; rep. equal for each state.
2 Houses, Senate=each state 2 votes,
House=based on population of each state.
Elected directly by the people or elected by a smaller
more informed group so mistakes would not be made.
Elects the President and Vice President.
Federalists like the strong Central Government.
Anti-Feds worry about individual rights being
violated by a strong central government.
Promise to add a Bill of Rights.
Electoral College
Some thought Congress should elect the
President.
Others believed all the people of the
country should vote to decide who was
President
Compromise= Electors from each state
(equal in number to the state’s Senators
+ Representatives) would vote to elect
the President and Vice President.
Three-Fifths Compromise
Every 5 slaves counts as 3 free persons
when counting for representation in the
House of Representatives.
Trade Regulation
Compromise
 Congress can regulate trade between
the states and with other countries.
Congress could NOT tax exports, nor
interfere with slave trade for 20 years.
FRITOGAMI
Compromises
 The Great Compromise: Solved Set-up of Congress
 Virginia Plan: 2 Houses with representation based on population
 New Jersey Plan: 1 House with each state getting one vote.
 Compromise: 2 Houses= House of Representatives with
representation based on population, and a Senate with each state
getting two senators.
 Three-Fifths Compromise: Every 5 slaves would count
as 3 people for counting population for figuring
representation.
 Electoral College: Each state gets electors equal to the
Representatives plus Senators to elect the president and
vice-president.
 Trade: Congress could not tax exports, nor interfere with
slave trade for the next 20 years.
Federalists vs Anti-Federalists
Federalist = Supporters of the
Constitution. Stressed that it would
create a Federal system where power
was divided.
John Jay
Anti-Federalists = Opposed the
Constitution. They felt it gave too much
power to the National government and
took too much from the states. Also Patrick Henry
thought there should be Bill of Rights.
James Madison
Alexander Hamilton
Melancton Smith
George Mason
Ratifying the Constitution
The delegates decide that each state
would set up a ratifying convention to
vote “yes” or “no” on the Constitution.
When 9 of 13 states approved it, the
Constitution would become the Supreme
Law of the land.
June 21, 1788, New Hampshire
becomes the 9th state to approve.
Rhode Island was last to ratify in 1790
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Vocabulary Activity 3
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1. Constitutional Convention
2. Legislative
3. Executive
4. Judicial
5. separation of powers
6.Great Compromise
7. Three-fifths Compromise
8. amendment
9. Bill of Rights
End
Unit 4 Learning Target 1
The Principles of the
United States
Constitution
Mr. Friedemann
Originals displayed at
National Archives
Organization of
Constitution
1. Preamble
1. List goals of the gov’t
2. “We the People…”
2. Seven Articles
1. Divides gov’t power
2. Created three branches: Executive
(President), Legislative (Congress), Judicial
(courts)
3. Each Article divided in Sections + Clauses
4. Can be changed with Amendment
Organization of the
Branches
 Executive
 President, Vice-President
 Legislative
 Congress (535)
 House of Representatives (435)- POPULATION
 Senate (100)- 2 PER STATE
 Judicial
 Supreme Court (9 justices)
The Introduction. It
also lists the
Constitution’s six goals.
There are 7 articles.
They explain how the
government works.
Preamble with words
and song
Additions or changes to
the Constitution. There
are 27 amendments.
The first 10 are called
the Bill of Rights.
Q.#1. The six goals of the
Preamble are:
•form a more perfect union
Barney Fife
remembers
the Preamble
•establish Justice
•insure domestic Tranquility
•provide for the common defense
•promote the general Welfare
•secure the Blessings of Liberty
Captain Kirk
and the
Preamble
Star Trek!!!!
To provide a framework for the United States Government.
It introduces the Constitution and tells why it was written.
They are called the Bill of Rights. They are of interest to all of us
because they safeguard individual rights and liberties.
Income taxes help to pay for government services.
Amendments are sometimes necessary to safeguard our
freedoms and keep up with our changing world.
This clause gives powers to Congress that are not specifically
listed in the Constitution.
Structure of The Constitution
Article 1: Legislative Branch, Congress:
tax, regulate trade, coin money, declare
war. Make Laws
Article 2: Executive Branch, the
President: command armed forces, make
treaties, pardon criminals, appoint
officials. Enforce Laws
Article 3: Judicial Branch, Supreme Court:
judge all cases arising under the
Constitution. Interpret Laws
The Constitution and Its Parts (cont.)
• Article IV says that all states must respect
one another’s laws and explains the
process of creating new states.
• Article V specifies how the Constitution can
be amended.
• Article VI declares that the Constitution is
the “supreme Law of the Land” and federal
law prevails over state law.
• Article VII states that the Constitution
would take effect when nine states ratify it.
(pages 82–85)
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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.
Amending the Constitution (cont.)
• The amendment process involves two
steps: proposal and ratification.
• An amendment may be proposed by a vote
of two-thirds of both houses of Congress or
by a national convention requested by twothirds of the state legislatures.
• Once proposed, an amendment must be
ratified by three-fourths of the states.
• The states can do this by a vote of either
the state legislature or a special state
convention.
(pages 85–86)
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Amending the Constitution (cont.)
Why did the Framers make the amendment
process difficult?
After months of debate and compromise, the
Framers knew how delicately balanced the
Constitution was. Changing even a small
detail could have dramatic effects throughout
the government. They wanted to make sure
the Constitution could not be altered without
the overwhelming support of the people.
(pages 85–86)
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7 Total Articles
Form a more perfect union
Establish justice
Ensure domestic tranquility
Provide for the common
defense
Promote the general welfare
Secure the blessings of liberty
to ourselves and our posterity.
Congress of U.S.
Senate
House of Reps.
25
30
Senate
President
4 years
citizen
35
14
Constitution
commander
treaties
Ambassadors
Signs it
Supreme Court
Jury
Interpreting the Constitution
• The Constitution is a general document
and open to interpretation.
• Article I gives Congress the power “to
make all Laws which shall be necessary
and proper” to carry out its duties.
• This necessary and proper clause allows
Congress to exercise implied powers not
specifically listed in the Constitution.
(pages 86–87)
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Interpreting the Constitution (cont.)
• Americans disagree on what laws are
“necessary and proper.”
• Loose interpreters believe Congress can
make any laws not specifically forbidden.
• Strict interpreters believe Congress can
make only the kinds of laws mentioned by
the Constitution.
• The Supreme Court has the final authority
on interpreting the Constitution.
• Each new interpretation, whether strict or
loose, changes our government.
(pages 86–87)
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Interpreting the Constitution (cont.)
• Actions by Congress and the president
have also caused new interpretations.
• For example, the president requests
legislation from Congress.
• This action is not directed by the
Constitution.
• Custom also changes the interpretation
of the Constitution.
• For example, political parties, not
mentioned in the Constitution, are part of
today’s political system.
(pages 86–87)
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C
B
A
C
B
A
B
B
B
B
Interpreting the Constitution (cont.)
When William Henry Harrison died in office,
Vice President John Tyler took the oath as
president. Why was this action an
interpretation of the Constitution?
In this situation, the Constitution was not clear about
whether the vice president should become president or
merely act as president until the next election. When
Tyler took the oath, he interpreted the Constitution to
mean that he should become president. Later the
Twenty-fifth Amendment made his action officially part
of the Constitution.
(pages 86–87)
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Checking for Understanding
Define Match the terms on the right with their definitions on
the left.
__
C 1. the first 10 amendments
A. Preamble
D 2. a tax on people’s earnings
__
B. amendment
__
A 3. the opening section of the
Constitution
C. Bill of Rights
B 4. any change in the Constitution
__
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D. income tax
Analyzing Visuals
Compare and Contrast Review the chart that
compares the Articles of Confederation and the
U.S. Constitution on page 84 of your textbook.
How did Congress differ under both forms of
government?
Under the Articles of Confederation,
Congress could not tax, regulate
commerce, nor confirm presidential
appointments.
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Carry out or
enforce the law.
Interpret and
Apply the law.
Make the law.
President &
Vice President
and Cabinet.
Supreme Court
and all other
Courts.
Senate and
House of
Representatives
Appointed by
President and
Confirmed by
Senate.
Elected.
Senate = 6 yrs.
House = 2 yrs.
Elected
4yr term.
I’m Just a Bill Video
Veto Bills, call a special session of Congress, Commander in chief, diplomacy, appointments, Pardon for federal crimes.
Discuss important issues facing the nation, describe new laws/programs he wants and why.
It is a rule or command that is just like a law. This is “executing the laws”.
A pardon gives forgiveness and freedom from punishment. Amnesty pardons a group of people.
The president is in charge of all armed forces. Allows him to use force to back up foreign policy.
Congress can declare war but only the President can send troops into battle.
He is the living symbol of the nation. He aids diplomacy and carries out ceremonial functions.
This is bills that the president wants Congress to pass into laws.
Pres. Appoints and the Senate confirms or denies the appointments.
Nine Justices. 8 associates and one chief justice.
Thurgood Marshall was first African American on the Supreme Court.
Unconstitutional means a law does not agree with what the Constitution says.
The law is then nullified (cancelled)
Marbury vs Madison established the power of judicial review. Deciding if laws
fit the Constitution.
By passing a new law or by changing the law or by amending the Constitution.
He can refuse to enforce a court ruling and can appoint justices to fill openings.
Dividing the power of government in the
Constitution
Concurrent Powers = These are powers
that the states and national government
share. (Taxing, enforcing law, establish courts.)
Enumerated Powers = These are powers
that the states gave up to create the
National Level of government. (Highest law,
national defense, Coin/Print money, Postal system)
Reserved Powers= These are powers that
the states saved for themselves.
(Establish local governments, public school system,
marriage laws, speed limits, etc)
Checks and Balances
One example of three branches
checking and balancing power
deals with making laws. The
President can veto a bill
proposed by Congress; Congress
can override the President’s
veto; the Supreme Court can
declare a law unconstitutional.
Formative Quiz
1. Governor
2. Assembly
3. US Senate
4. Mayor
5. US Supreme Court
6. Vice President
7. Circuit Courts
8. Wisconsin Supreme Court
9. Common Council
10.Life time term
Check: Can veto laws.
Power: Can make treaties and acts.
Power: Can appoint Supreme Court Justices.
Power: Can make laws
Check:: Confirms or denies Pres. appointments
Check:: Can declare presidential act
unconstitutional
Check:: Can impeach President
Power: Term is for life and free from
executive influence.
Check:: Can impeach Justices
Check:: Can declare laws unconstitutional
Declare War
Collect Taxes
Coin Money
Make laws
Regulate trade
Commander of Armed Forces
Make Treaties
Propose laws
Create the budget
Veto or sign laws
Appoint judges, cabinet, ambassadors
Pardon criminals wrongly imprisoned
Decide whether laws fit the Constitution
Decide whether Presidential Actions fit the Constitution
Interpret what laws mean.
Formal Assessment
 1.Name
 2.Name the three branches and their main
power
 3. List the three levels of government
 4. Explain one example of the system of
checks and balances in action.
Underlying
Principles
Of the
Constitution
5 Underlying Principles
Federalism (Division of Power)
– Government where power is divided between a National level
and state level.
Popular Sovereignty
– The idea that the power to govern lies with the people.
Rule of Law
– The principle that the law applies to everyone, even those who
govern.
Separation of Powers
– Splitting power equally into three branches. The legislative
branch, executive branch, and judicial branch.
Checks and Balances
– Our system of government where each branch is able to
check, or limit the power of the other two branches.
Popular Sovereignty = means
that people should have the right
to rule themselves
Enumerated Powers = These are
also called “Delegated Powers”.
These are the powers that states
gave to the national government
in the Constitution.
Reserved Powers = The powers
that the states saved for
themselves in the Constitution.
Dividing the power of government in
the Constitution
Concurrent Powers = These are powers
that the states and national government
share.
Delegated Powers = These are powers
that the states gave up to create the
National Level of government.
Enumerated Powers= These are powers
that the states saved for themselves.
Supremacy Clause = Found in
Article VI, this clause states that
the Constitution and national
laws are the “supreme law of the
land.”
Popular sovereignty is the idea
that people have the right to rule
themselves. The government set
up by the Constitution was
designed to reflect the people’s
will.
The Constitution provides for
limited government to ensure
that the rights of the minority are
not denied.
Federalism allows the states to
have their own government and
powers which allows Americans
more power to rule themselves.
Separation of Powers: Why: to
protect against the abuse of
power they saw with the King.
How: By separating the federal
government into three branches.