Unit 2
Constitutional Government
American Government
Factors leading to the
Constitutional Convention
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Boundary disputes between states
Poor foreign relations
Unpaid war debts
Falling crop prices
Constitutional Convention
When/Where
/Who
•September 1787
Why
•Articles of
Confederation were
•Congress met for a not working
Constitutional
•A stronger central
Convention
government was
needed
Constitutional Convention
of 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 (1787) to
“revise” the AOC
• James Madison leads the
movement to write the
Constitution
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
Compromise: Representation
• The Great 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 slaves would be
counted for both representation
and taxation
Conflict: The Trade Issue
• Southern delegates did not want an export or import tax
(tariff).
• Northern delegates favored a tax on imports to help
northern industries grow. This could hurt the South
• Compromise: Congress was given the power to tax imports,
but not exports
The South needed slavery for plantation labor. The North
feared slave populations would be to high.
Compromise- The importation of slaves would end 20
years from the ratification of the Constitution
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)
The Federalists Papers
• Beginning on October
27, 1787 the Federalist
Papers were first
published in the New
York press under the
signature of "Publius".
• These papers are
generally considered to
be one of the most
important contributions
to political thought
made in America
• The pseudonym "Publius"
was used by three man:
Jay, Madison and
Hamilton.
• Jay was responsible for
only a few of the 85
articles.
• The papers were meant
to be influential in the
campaign for the
adoption of the
Constitution by New
York State.
Compromise: Federalists vs.
Anti-federalists
• Federalists agree
to add a Bill of
Rights to the new
Constitution
• The Addition of
the BOR allowed
Anti-Feds to
agree to ratify
the new
Constitution
• The Constitution
was ratified in
1789
Principles
Separation of powers with 3
branches of government
Checks and balances so that no
branch was too powerful
Guarantees equality under the law
with majority rule and the rights of
the minority protected
Constitutional Convention
They created the
U.S. Constitution
A written plan for the
structure of the U.S.
government.
Principles
Affirms individual worth and
dignity of all people
Protects the fundamental
freedoms of religion, speech, press,
assembly, and petition
A “living document”
About the Constitution
• describes the structure of
the government and the
rights of the American
people.
• No law may be passed that
contradicts its principles
• no person, or the
government, is exempt from
following it.
• This is why it is commonly
called the "supreme law of
the land".
The Constitution is organized
into three parts:
• 1. Preamble describes the
purpose of the document and
government
• 2. Articles establish how the
government is structured and
how the Constitution can be
changed. There are seven
articles
• 3. Amendments changes to
the Constitution; the first
ten are called the Bill of
Rights
Weaknesses
of the Articles of
Confederation
• Unicameral Congress.
• No executive branch.
• Few powers given to national
government.
• Congress was elected by the
state legislatures.
• Congress had no power to
regulate trade.
• Congress had no power to
coin money.
• Congress had no power to
establish armed forces.
Strengths of the
Federal Constitution
• Bicameral Congress.
• President given power to
enforce laws.
• Congress elected by the
people (Senate after
Amendment 17)
• Simple majority needed to
pass laws.
• Congress given power to
collect taxes.
• Congress given power to coin
money.
• Congress given power to
forms army and navy for
national defense.
FEDERALISM
Federalism
The division of power between the
national government and the
governments of the 50 states.
Federalism
• The powers of government
are divided between the
national government and the
state governments.
• The national government
governs the people of the
entire country
• Federal Government- The
national government is called
the “Federal Government”
• The federal government is
“the supreme law of the
land” that all states must
defer to.
• Each of the 50 states has its
own government.
• State governments govern
the people living in each
state.
• Federal System- refers to
the country’s system of
government including both
the national government and
the governments of the 50
states.
• All powers that the
Constitution does not give to
the federal government
remain with the state
governments.
Delegated/
Enumerated Powers
National Government
• Give the federal
government strength
to protect and serve
the country.
•
•
•
•
-Coin money
-Declare war
-Admit new states
-Establish armed
forces
• -Regulate patents
and copyrights
• -Regulate foreign
trade
Concurrent Powers
Both National and
State Governments
Held by both state and
federal governments
•
•
•
•
-Collect taxes
-Enforce laws
-Borrow money
-Establish
courts
• -Provide for the
general welfare
Reserved Powers
State Governments
Kept for the states to
manage their own
affairs and to balance
the power of the
federal government.
•
•
•
•
•
•
•
•
•
•
-Regulate intrastate
commerce (trade)
-Conduct elections
-Incorporate businesses
-Voter qualifications
-Establish local governments
-Regulate school
-Conduct Elections
-Establish marriage laws
-Assume powers not given to
the national government and
not denied to the states
-Protect the health, safety
and welfare of the people.
The Preamble
The Constitutional Preamble
Outlines the goals of the
government that it created
Goals of the
Preamble
What it
means
Where it is
found in the
Constitution
We the people of
the United
States, in Order
to form a more
perfect union
To create a
better
government
than that
provided by
the Articles
of
Confederation
By creating a
policy making
executive
branch and by
giving Congress
the power to
tax, the new
Constitution
avoided the
worst
difficulties of
the Articles of
Confederation
Goals of the
Preamble
What it
means
Where it is
found in the
Constitution
Establish Justice
To make laws
and establish
a fair court
system
The Constitution
created the U.S.
Supreme court
and the
judiciary Act of
1789 created
the rest of the
federal court
system
Goals of the
Preamble
What it
means
Where it is
found in the
Constitution
Insure Domestic
tranquility
To maintain
law and order
at home
The federal
government
shares with
state
governments the
task of
maintaining law
and order at
home. Together
they are
responsible for
enforcing laws.
Goals of the
Preamble
What it
means
Where it is
found in the
Constitution
Provide for the
common defense
To protect
the nation
against its
enemies
The Constitution
authorized
Congress to
create an army
and a navy.
Goals of the
Preamble
Promote the
general welfare
What it
means
Where it is
found in the
Constitution
To ensure the Over time, the
well being of U.S. government
the entire
has given all
citizens the
population
right to vote.
Goals of the
Preamble
What it
means
Where it is
found in the
Constitution
And secure the
blessings of
liberty to
ourselves and to
our posterity
To safeguard
people’s
personal
freedom
The Bill of
Rights
Goals of the
Preamble
What it
means
Do ordain and
establish this
Constitution for
the United
States of
America.
Create this
form of
government
for the
country.
Where it is
found in the
Constitution
Separation of Powers
Separation of Powers
Distributes power
equally among
three branches of
government
Ensures no person
or branch of
government is too
powerful
Legislative Branch
• Created in Article I
• Congress is the
lawmaking branch
• Made up of 2 houses:
the Senate and the
House of
Representatives
Powers of the
Legislative Branch
• Makes the laws
• Confirms presidential
appointments
• Approves treaties
• Grants money
• Declares war
Executive Branch
• Created in Article II
• Executes the country’s
laws
• Headed by the
President
Powers of the Executive
Branch
• Proposes laws
• Approves or vetoes laws
• Administers and executes
the laws
• Commands the armed forced
• Appoints ambassadors,
federal judges and others
• Conducts foreign policy
• Makes treaties
Judicial Branch
• Created in Article III
• Interprets laws and
punishes lawbreakers
• Supreme Court is the
head of the judicial
branch
Powers of the
Judicial Branch
• Interprets the
Constitution and
other laws
• Reviews lower court
decisions
Checks and Balances
•* Each branch has powers that
no other branch can have
•* Each branch has powers that
limit the powers of the other
two branches
•* Ensures that no branch
becomes too powerful
Legislative Checks
Over
The Executive branch
• Overrides vetoes
• Approves federal
judges
Over
The Judicial branch
• Approves federal
judges
• Impeaches federal
judges
Executive Checks
Over
The Legislative branch
• Vetoes acts of
Congress
• Calls Congress into
special session
Over
The Judicial branch
• Appoints federal
judges
Judicial Checks
Over
The Legislative branch
• Declares laws
unconstitutional
Over
The Executive branch
• Declares executive
acts unconstitutional
The Bill of Rights
The
st
1
Ten Amendments to
the Constitution
Bill of Rights
Why?
• 1st Federal Congress
wanted a written list of
individual rights
• To protect against
abusive government
power.
• Influence of other
documents (Virginia
Statute of Religious
Freedom; Virginia
Declaration of Rights)
What
Principle?
• Individual Freedoms
• Protections against the
government
• Rights of citizens
accused of crimes
The First Amendment
5 Protected Freedoms
•
•
•
•
•
Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Right to petition the
government
2nd Amendment
Right to bear arms
• “A well-regulated
militia, being
necessary to the
security of a free
state, the right
of the people to
bear arms shall
not be infringed.”
What is the debate with the
right to bear arms?
• How much can the
government keep
guns from criminals
and youth?
• In order to keep
guns away from
criminals, does that
limit the right of law
abiding citizens?
rd
3
Amendment
• The Government
cannot force
you to shelter
soldiers in your
home without
your consent in
time of war or
peace.
Rights of the Accused
Amendments #4-8
Important to preserve freedom
th
4
Amendment
• What does a
policeman need in
order to search
your home?
– A warrant given
to him by a judge
– Probable cause is
also needed
th
5
Amendment
• You cannot be tried for the same crime
twice—called “Double Jeopardy”
• You do not have to testify against your
self. “I plead the fifth”
• You must have due process of law
before you are convicted
• The government cannot take your land
unless it pays. (eminent domain)
6th Amendment
• Right to
speedy trial
by impartial
jury—meaning
not favoring
either side
th
6
Amendment
• You must be told
of charges
• You must be
provided a lawyer
if you cannot
afford one
th
7
Amendment
• Allows a jury trial in
Civil Cases when the
amount disputed is
more than $20.
th
8
Amendment
• No
excessive
bail
• No cruel
and unusual
punishment
Prisoner kissing his Mom in prison
Who determines what the Bill
of Rights mean?
• The Supreme Court makes rulings on the
meaning
• The Supreme Court balances the rights
of the individual with the needs of
society
1st Amendment
5 Freedoms protected by the U.S.
Constitution
Petition the Government
• “Congress shall make no law . . .
Abridging . . . the people. . . to petition
the government for a redress of
grievances”
Petition
• Freedom to make
views known to
public officials
• Grievance with
government policy
Petition the government
• You may sue the government for wrongs
• You cannot be punished for exposing
wrongs by the government
• The courts decide the wrongs
Freedom of Religion
• “Congress shall make no law respecting
an establishment of religion or
prohibiting the free exercise there of”
Religion
• Freedom to
exercise religion
• Government can’t
establish an
official religion
• Government can’t
endorse a religion
Free Exercise— The person
Can
Cannot
• Choose whatever
religion
• Lead a prayer in
most examples
• Ask questions about
religions
• Worship whoever or
whatever you want
• Break the law and
claim it is religious
belief
• Raise children
without education
• Deprave children of
basic needs
Establishment clause-Government
CAN
CAN NOT
• Teach about religions in
school
• Allow voluntary prayer
in many examples
• Transport students to a
religious school
• Read Bible for culture
or literacy content
• Set a state religion
• Government cannot
order a prayer
• Teach religious doctrine
in the school
• Pay seminary teachers
• Teach creationism
Freedom of Assembly
• Congress shall make no law . . . Abridging
. . . The people to peaceably assemble”
Assembly
• Freedom to
gather peacefully
• Political rally
• Protest march
• Sit in
Freedom of Assembly– The Individual
CAN
CANNOT
• Protest
• Parade (with a
permit)
• Parade chanting hate
slogans
• Gang members can
congregate in public
• Protest by throwing
rocks and breaking
windows
• Hang out on private
land against owners
will—loitering
• Break teen curfew
Freedom of Speech
• “Congress shall make no laws . . .
abridging the freedom of speech”
Speech
• Freedom to
express opinions
and beliefs
• Not absolute
• Obscenity is not
protected
Free speech– The individual can:
•
•
•
•
•
•
Say any political belief
Protest (without getting out of control)
Say things about someone that are true
Burn the flag
Say racist and hate slogans
Free speech means someone might say
something you disagree with
Free speech— A person CANNOT
• Threaten to blow up airplanes, schools
or the president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public
form
• Disrespectful, vulgar language in schools
• Hate crimes
Freedom of the Press
• Congress shall make no
law . . . abridging . . .
the freedom of the
press.”
Press
• Freedom to gather
and publish
information
• Freedom to criticize
the government
Freedom of the press- The press
CAN
CANNOT
• Print any political
position
• Make fun of people,
especially politicians
• Expose wrongs by
the government
• Say things you might
not agree with
• Libel– intentionally
injuring a person’s
reputation by false
facts
• Disclose defensesecurity secrets
• Detail how to make a
certain weapons
The Constitution establishes
and protects our 1st
Amendment freedoms, but
there are limits!!
Constitutional Amendments
A “Living Document”
The framers of the Constitution planned a
system of government that could adapt
to the changing conditions and needs of
the country.
The Constitution is called a
living document because it can
be changed.
A Living Document
Adaptability- Amendments
• An amendment is a
written change to the
Constitution.
• The amendment process
is complex; to date only
27 amendments have
been added.
• The first 10
amendments are called
“The Bill of Rights.”
Flexibility- Elastic Clause
• Also known as the “necessary
and proper clause
• ”Allows Congress to extend
its delegated powers.“to
make all laws which shall be
necessary and proper for
carrying into execution the
foregoing powers”
• Permits Congress to pass
laws related to situations
that have developed since
the writing of the
Constitution.
Process for Amending
the Constitution
• Action by
Congress or
Convention
(2/3 of Congress)
• Ratification
by the states
(3/4 of States)
Eleventh Amendment (1795)
Clarifies judicial power over foreign
nationals, and limits ability of citizens
to sue states in federal courts and
under federal law.
Twelfth Amendment (1804)
Changes the method of presidential
elections so that members of the
electoral college cast separate ballots
for president and vice president
Thirteenth Amendment (1865)
Abolishes slavery and grants Congress
power to enforce abolition.
Fourteenth Amendment (1868):
Defines United States citizenship; prohibits states
from abridging citizens' privileges or immunities
and right to due process and the equal protection of
the law; repeals the three-fifths compromise.
Fifteenth Amendment (1870)
Prohibits the federal government and the
states from using a citizen's race,
color, or previous status as a slave as a
qualification for voting.
Sixteenth Amendment (1913)
Authorizes unapportioned federal taxes
on income.
Seventeenth Amendment (1913)
Establishes direct election of senators.
Eighteenth Amendment (1919)
Prohibited the
manufacturing,
importing, and
exporting of
beverage
alcohol. Repealed
by the TwentyFirst
Amendment.
Nineteenth Amendment (1920)
Prohibits the federal government and the
states from using a citizen's sex as a
qualification for voting
Twentieth Amendment (1933)
Changes details of Congressional and
presidential terms and of presidential
succession.
Twenty-first Amendment (1933)
Repeals Eighteenth Amendment but
permits states to retain prohibition
and ban the importation of alcohol.
Twenty-second Amendment (1951)
Limits president to two terms.
Twenty-third Amendment (1961)
Grants presidential electors to the
District of Columbia.
Twenty-fourth Amendment (1964)
Prohibits the
federal
government and
the states from
requiring the
payment of a tax
as a qualification
for voting for
federal officials.
Twenty-fifth Amendment (1967)
Changes details of presidential
succession, provides for temporary
removal of president, and provides for
replacement of the vice president.
Twenty-sixth Amendment (1971)
Prohibits the federal government and the
states from using an age greater than
18 as a qualification to vote.
Twenty-seventh Amendment (1992)
Limits congressional pay raises.