The Agenda
• Representation
• Slavery
• Equality in voting
• Economic issues
• Individual rights
Slavery
• Only 12 slaveholders in Philly
• Agreed that they could limit the importing of
slaves but they would not touch it for 20 years
• In1808 the internat’l trade is outlawed
• People who were “legally held to service” that
escaped had to be returned
• The 3/5ths Compromise
• For the purposes of representation 3 out of 5
slaves would be counted
Voting and economics
• Voting
• Gets left to the states
• Economics
• Congress is given the power to:
•
•
•
•
•
Tax, borrow
Regulate interstate trade
Coin money
Regulate bankruptcies
Ensure patents and property rights
Our Constitutional
Framework (2)
Forensics August 30, 2013
4
Objectives: SWBAT
• Continue the discussion of basic human rights
• Investigate the Constitutional Framework of
American Law
• Analyze the occurrence of Human Rights in the
Constitution
5
Our Constitutional
Framework
Forensics January 28, 2014
6
The Basic Principals of
United States Government
• Limited Government
• Popular Sovereignty
• Separation of Powers
• Checks and Balances
• Judicial Review
• Federalism
7
At your tables rank the following basic rights 1-6;
number 7 is one you think is NOT a basic human right
Privacy; Trial by Jury; Freedom of Religion;
Freedom of Speech; Right to Remain Silent;
Protection from Cruel and Unusual Punishment
8
The Philadelphia
Convention
• Although many different groups are
represented they all agree on these things:
• Questions of human nature
• The causes of political conflict
• And the nature of republican government
• They also agreed that people are ruled by
self-interest
• Checking self-interest leads to good
government
James Madison
• Considered the “Father of the
Constitution”
• The distribution of wealth led to
political conflict
• Factions arise due to this
distribution
• Wither the majority or the
minority can become
tyrannical if left unchecked
• BALANCED GOVERNMENT is the
key
Individual Rights
• The Constitution is fairly silent on
individual rights
• The Constitution guarantees that HABEAS
CORPUS will not be violated but little else
• This would be the biggest point of
contention for the FEDERALISTS and ANTIFEDERALISTS
The Federalist
Position
• The Articles of
Confederation was too
weak
• Only a strong national
government can overcome
the problems of a Republic
• Liberties that would be
included in a bill of rights
can be handled by the
states
The Anti-federalists
• The Central Government would
be given too much power
• The President would basically
be an elected King
• States would lose virtually all
autonomy
• There was no guarantee of
personal rights
Constitutional
Powers
Constitutional Power
• Expressed Powers
• Powers directly given to the Federal
Government
• Implied Powers
• Powers that are not directly spelled out
in the Constitution but make sense for
the government to have
Implied Powers
The Congress shall have Power - To make all Laws
which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the
Government of the United States, or in any
Department or Officer thereof.
The Elastic Clause 1.8,18
Recap
• The Supremacy Clause
• 6.1,2
• This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof; and all
Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme
Law of the Land;…
What does this mean for the relationship
between the Federal government and
state government?
Exit Ticket: Human Rights
• Where are violations of, or
protections of, human rights in the
US Constitution?
18