What is a constitution? (not the U.S. Constitution)

What is a constitution? (not the U.S. Constitution)

Branches of Government Levels of Government (not branches) + and of parents! *Is life better with or without parents? New fledgling nationUnited States of America Who was our parent? GB

What did we just do to our parent? Kicked them out But life is better with a parent, so what do we do now? Adoption (find a new parent Spain, France, etc.) Make our own parent/government Sheepishly return to our old parent (GB) Which do we decide? To be our own parent and make a new government

What kind of document establishes a government? A constitution (not THE US CONSTITUTION) What is a constitution? (not the U.S. Constitution) A set of ideas (principles) that says the powers and duties of a government (theory) A constitution sets up the framework of a government (tells what positions exist in

a system of government) and expresses what it can and cannot do. (practice) See front page of 2015-16 packet Federal/National State Local govt -https://www.census.gov/newsroom/releases /archives/governments/cb12-161.html Take one Our first attempt at writing a constitution (creating a new government)

Articles of Confederation Did it work? NO! How do you know? B/C we do not use it today. Lets figure out how they developed it and why it didnt work. If you were in charge of your own household, what would your rules be?

Be specific Minimum of 5 *Are any of them the exact opposite of what you live under now? Why? America is no different Created a government that was exactly the opposite of what they had before No kings No national military States and local government had distinctly more power than the federal government Articles of Confederation

First national constitution (each state also created their own state constitutions) The A of C laid out what our national government would look like Passed by the Second Continental Congress on Nov. 15, 1777 (not officially, unanimously ratified until 1781) Articles of Confederation h c n

a r b e l Sing tional a n f o nt e m

n r e v ) go s s e r g n o

(C Each state had one vote in Congress (no matter how big or small your state whats the potential problem with this?) Articles of Confederation The national/federal government that was created The good Was not like the British monarchy (good b/c thats what we

The bad Who seems to have the greatest power Was able to engage with foreign countries and sign in this situation: treaties Was able to declare war and Federal make peace Govt. or State Govt.?

just rebelled against) Was weak Could not collect taxes (in order to raise money for the nation) Had to ask states for money states could say NO Could not regulate trade (states traded based on rules that were best for them Would the rules be the same in South Carolina and

Massachusetts?) Was able to coin (so were states) and borrow money Could not force anyone to abide by its laws Had no executive branch (out of fear of a tyrannical king) Had no judicial branch/ national court system Could only ask states to provide a

Thomas Paine (ouch) Under the A of C - Its the states (the people the large) that have significant power to govern, not the federal government (the small). There is something very absurd in supporting a continent to be perpetually governed by an island. Whos principles are being followed

by such a government? 12/8/2015 Review How many levels of government do we have? What are they? What created the framework/structure for one of our more than 89,000 governments? Which constitution created our first NATIONAL government? Did it work? How do you know? With thirteen states being in charge

problems quickly surface Articles of Confederation ____ ____ ____ ____ ____ ____

____ Weaknesses Outcomes 1. Each state only had one vote in Congress, regardless of size 2. There was no executive branch to enforce any acts passed by Congress 3. There was no national court system 4. Congress had no power to tax 5. Congress did not have the power to

regulate foreign and interstate commerce (buying/selling) 6. Amendments to the Articles of Confederation required a unanimous vote 7. Laws required 9/13 majority to pass in Congress A. There was no way to settle disputes between states B. New laws were difficult to pass C. A small state had the same power as a large state in all affairs

D. The laws were inconsistently enforced by the individual states E. The government was always short of money and couldnt repay its war debt F. In all practical terms, there were no new changes to the government structure G. Each state managed its own commerce (buying/selling), so it was difficult to trade with other nations Articles of Confederation

____ ____ ____ ____ ____ ____ ____ Weaknesses

Outcomes 1. Each state only had one vote in Congress, regardless of size 2. There was no executive branch to enforce any acts passed by Congress 3. There was no national court system 4. Congress had no power to tax 5. Congress did not have the power to regulate foreign and interstate commerce (buying/selling) 6. Amendments to the Articles of

Confederation required a unanimous vote 7. Laws required 9/13 majority to pass in Congress A. There was no way to settle disputes between states B. New laws were difficult to pass C. A small state had the same power as a large state in all affairs D. The laws were inconsistently enforced by the individual states E. The government was always short of

money and couldnt repay its war debt F. In all practical terms, there were no new changes to the government structure G. Each state managed its own commerce (buying/selling), so it was difficult to trade with other nations So, advocates emerge (both for and against the A of C)

Believers of the A of C are called antifederalists Thomas Paine Patrick Henry Samuel Adams Thomas Jefferson

Non-believers of the A of C were called federalists Alexander Hamilton James Madison George Washington John Adams

Benjamin Franklin Federalism (someone that supports this idea is called a _____________) Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy (________________) from each other. The

United States has a federal system of governance consisting of the national or federal government, and the government of the individual states. (Cornell University Law School) t s i al s r e er d Fe a p P

Federalists like James Madison began speaking out very loudly that the A of C was not going to work. That a stronger version of a federal government must exist. States should not be trumping the federal government. The federal government must be the organizer, the leader, the enforcer for the law of the land. Spread this message through the

Federalist Papers st i l ra rs e d Fe a p e P

Federalist Papers First published on October 27, 1787 Series of 85 essays (published in a book form) Written by Alexander Hamilton, John Jay and James Madison The papers were meant to be influential in the campaign for the adoption of the U.S. Constitution And so a Constitutional Convention was called.

We are simply going to need to compromise What Constitutional Convention? Why was it needed? We need to fix this problem Lets take the good stuff from the British style government Hmmwhat should we

call this new document And the good stuff from the A of C Ta da! The United States Constitution Constitutional Convention May 1787 Philadelphia, PA

Independence Hall Goal: improve the Articles of Confederation Result an entirely new constitution (the U.S. Constitution) Ratification: December 7, 1787 (DE); May 1790 (RI) The 13 states that ratified the U.S. Constitution (in order) Delaware (December 7, 1787) Pennsylvania

New Jersey Georgia Connecticut Massachusetts Maryland South Carolina New Hampshire Virginia New York North Carolina Rhode Island (May 29, 1790) Notable Names!

Pre of n: o ti en v n co Pre

acc sent oun and Jam ted for: e g r o e G ngton i h s

Wa nt s id e Ma es d is on M.I.A. John Adams M.I

.A Tho . Jeff mas ers on and t n e s Pre

r: o f d e nt accou M.I.A . Patr ick Hen

ry in m a j Ben lin k n a r F

1.Washington, George, VA 2.Franklin, Benjamin, PA 3.Madison, James, VA 4.Hamilton, Alexander, NY 5.Morris, Gouverneur, PA 6.Morris, Robert, PA 7.Wilson, James, PA 8.Pinckney, Chas. Cotesworth, SC 9.Pinckney, Chas, SC 10.Rutledge, John, SC 11.Butler, Pierce, SC 12.Sherman, Roger, CT 13.Johnson, William Samuel, CT

14.McHenry, James, MD 15.Read, George, DE 16.Bassett, Richard, DE 17.Spaight, Richard Dobbs, NC 18.Blount, William, NC 19.Williamson, Hugh, NC 20.Jenifer, Daniel of St. Thomas, MD 21.King, Rufus, MA 22.Gorham, Nathaniel, MA 23.Dayton, Jonathan, NJ 24.Carroll, Daniel, MD 25.Few, William, GA

26.Baldwin, Abraham, GA 27.Langdon, John, NH 28.Gilman, Nicholas, NH 29.Livingston, William, NJ 30.Paterson, William, NJ 31.Mifflin, Thomas, PA 32.Clymer, George, PA 33.FitzSimons, Thomas, PA 34.Ingersoll, Jared, PA 35.Bedford, Gunning, Jr., DE 36.Brearley, David, NJ 37.Dickinson, John, DE 38.Blair, John, VA

39.Broom, Jacob, DE 40.Jackson, William, Secretary * George Clymer, Benjamin Franklin, Robert Morris, George Read, and Roger Sherman. Signed both the D of I and the US Constitution Coming to an agreement Took months to come to an agreement Why? Different opinions Different states wanted different things Dictated by lifestyle (education, occupation, religion) and size (population)

What did they argue about? Executive Branch constitutional debate Title: King? President? Length of term: Option of eternity? Limited? Vice President: Runner up? Running mate? Legislature constitutional debate

An official group of people that have the power to make laws How many groups (houses) should be able to do this? How should we determine the number of people in each group (representation)? *And so people offered their ideas (of course offering ideas that benefit them best) Virginia Plan (missteps along the way) VA big or little state?

Edmund Randolph Bi-cameral legislature (two houses) w/ representatives based on state population (bigger the state population the more representatives) *If every representative gets one vote, who (big states or little states) would appear to have more power in a system like this? *Who is likely to disapprove this plan? New Jersey Plan (missteps along the way) NJ big state of little state William Patterson

Unicameral legislature one-house w/ an equal number of representatives from each state * Who is going to have an issue with this plan? If two sides (big states vs. little states) cant agree on a single plan what do you propose they do next? Great Compromise Look at the cartoon and explain the Great Compromise in your own words The Great

Compromise Did it work? How do you know? Great Compromise Roger Sherman Bicameral legislature Senate (upper house); two senators per state regardless of size (appealing to the smaller states) House of Representatives (lower house); the number of representatives would be determined by state population (appealing to the LARGER

states) By the end, what did it say? Is your state big or little? (in terms of population) Check the charts around the room Look at the two congressional plans (VA Plan and NJ Plan); which would your state have liked? WHY? What does the

U.S. Constitution say? What did those Founding Fathers put down on paper? Seven Articles of the U.S. Constitution 1. Creates the Legislative branch and gives Congress the power to make laws Bicameral Legislature Senate (2/state) House of Representatives (based on state population) 2. Creates the Executive branch Explains how the President carries out the laws passed by

Congress 3. Creates the Judicial branch Federal Court System Supreme Court, Court of Appeals, District Court Right to hear cases that involve the Constitution, federal laws, treaties, disagreements between states, states and foreign nations Seven Articles of the U.S. Constitution 4. Relations Among the States Each state must recognize the official acts of other states

5. Amending the Constitution Constitution can be changed if necessary 6. National Supremacy National government trumps (outweighs) state power/law Seven Articles of the U.S. Constitution 7. Ratification (approval) Must require nine states to ratify the Constitution (applied at the time of only thirteen states)

Next Constitutional Debate How should the Constitution be interpreted? Anonymous Survey (answer in your head) Do you have rules in your classes? Do those rules list every single thing you can and cant do? Have you ever tried to do something that wasnt written out explicitly in those rules?

ex. Have you ever chewed gum in a class even if you werent told whether you could or couldnt? Why did you try this something? To see what the boundaries are? To see what you can and cant get away with? Interpretation of rules When you recall your answers Would you say you have a loose interpretation of the classroom rules Or a strict interpretation of those classroom rules?

*Loose these rules are just a guideline and if it doesnt specifically say you can or cant do something then it may be ok to try *Strict you do only the things that the rules specifically say you can do, all other things must be not allowed Same applies to the U.S. Constitution Interpretations of the US Constitution The US Constitution does not say every single thing the President, or Congress, or a Judge can and cant do

So. Some presidents approach their job with a very strict interpretation of the Constitution While others approach their job with a very loose interpretation of the Constitution Either way is ok as long as you are consistent! (some Presidents/Congressmen/Judges say one thing and do another) Hey, how does the Constitution handle our, individual, rights? Bill of Rights Hey, how does the Constitution

handle our, individual, rights? Write a paper. How many of you are comfortable with that assignment as it was stated? How many of you need to know MORE? Write down any questions you may have about the assignment. Same applies to the U.S.

Constitution Not everyone was satisfied with the ratified version. Many wanted specific individual rights written out in plain language (not assumed). Bill of Rights Ratified: Dec. 15, 1791 Bill of Rights James Madison First ten amendments Delegates took ideas from past grievances (abuses

by the King) Created to guarantee citizens individual rights Amendments Changes to the Constitution Article V (of the U.S. Constitution) Provided a way to change the document when necessary to reflect the will of the people Amendments must be approved by 2/3 of both houses and then voted on and approved by of the states So, advocates

emerge (both for and against the A of C) Consider not using these in 2015-16 Did not get to in 2014-15 National government is constantly running out of money Lack of authority and respect for the national government National government has an

inability to take charge/a leadership role States are not working together, only concerned about their own lifestyle Federalist Do not include G and H only Federalism: Federalism is a system of government in which the same

territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to Consider not usinglaws theseand in both have a certain level of autonomy from make 2015-16 each other. The United States has a federal system of Did not getgovernance to in 2014-15 consisting of the national or federal government,

and the government of the individual states. (Cornell University Law School) Do not include G and H only Consider not using these in 2015-16 Did not get to in 2014-15 Federalists like James Madison began speaking out very loudly that the A of C was not going to

work. That a stronger version of a federal government must exist. States should not be trumping the federal government. The federal government must be the organizer, the leader, the enforcer for the law of the land. Fede ralist Pape rs

Spread this message through his Federalist Papers Do not include G and H only Consider not using these in 2015-16 Did not get to in 2014-15 U.S. Constitution What concerns (from the A of C) did it address?

What are its strengths? Amount of power held by national government Three branches of government Legislative branch (make laws) Executive branch (enforce laws)

Judicial branch (interpret laws) System of checks and balances To whom does the U.S. Constitutio n apply? Whos included in the population count? For what reason do we need to

consider state To determine the number of population? representatives per state in the House of Representatives Slavery nor slave are written anywhere in the Constitution free Persons and all other Persons Three-Fifths Compromise How should enslaved African Americans be counted

in terms of state population? Southern delegates wanted the enslaved to be counted as that would mean a larger state population, more representatives in the lower house and therefore greater voting power in the House Northern delegates disagreed (didnt want to lose voting power in Congress) After debate: Three-Fifths Compromise is accepted 3/5 of a states slave population would be counted when determining state population Who helped write the U.S.

Constitution? Did everyone agree? Players Federalists Alexander Hamilton Antifederalists Roger Sherman George Mason

Patrick Henry James Madison George Washington Benjamin Franklin Players Federalists Supporters of the U.S. Constitution Believed in a stronger federal government

Provided a good balance of power The proposedgovernment, is well calculated (planned) to secure the liberties, protect the property and guard the rights of the citizens of America. Antifederalists People who opposed the U.S. Constitution Too much power to the federal government

Concerned with the limited guarantee of individual rights It appears that the government will fall into the hands of the few and the great. Federal Government = National Government = Central Government 1. Trace Founding Fathers 2. Write facts about your founding father in their body-shape 3. Visit each founding father and write down

interesting and important facts 4. Specifically note which facts reflect their opinion of the U.S. government/Constitution Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Freedom of speech; right to protest/petition; disagree with the government; freedom to exercise Bill of Rights Amendment II A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. Right to bear arms (weapons) in a household

Bill of Rights Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Citizens can not be forced to house soldiers Bill of Rights Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. You nor your property can be searched or seized without a warrant issued by a Bill of Rights

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Protects the rights of the accused

Plead the fifth do not have to be a witness against yourself Double jeopardy - can not be tried for the Bill of Rights Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the

witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. The accused has the right to a fair and speedy trial by a jury of his peers Bill of Rights Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise

reexamined in any Court of the United States, than according to the rules of the common law. Common law rules established by judges in past cases (precedent) If a lawsuit is being sought after for more than $20, there is the right to a Bill of Rights Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and

unusual punishments inflicted. Bail money the accused leaves with the court as a pledge to appear for trial. Excessive too high Forbids courts to set bail unreasonably Bill of Rights Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

People have rights not listed in the Constitution. This Bill of Rights does not limit the rights of people to just those listed. Bill of Rights Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Limits the power of the federal

government Powers not specifically given to the federal government belong to the states (powers given to the state governments are not listed in the Constitution)

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