A New Plan of Government
7-3
Objectives
• Learn about the roots of the Constitution.
• Learn how the Constitution limits the power of government.
Roots of the Constitution
The Constitution is an American idea. But it borrowed parts from
ancient Greece, European nations, and in particular from Great Britain.
Magna Charta
Signed in 1215, it led to the creation of Parliament, the law
making branch of the British government.
English Bill of Rights
The English Bill of Rights guaranteed that men had certain
natural rights and they would be protected by the Magna Carta
and English Bill of Rights.
Enlightenment Philosophers
John Locke
Baron de Montesquieu
Natural Rights
John Locke believed that all men have natural rights such as
life, liberty, and property
Shared Powers/Federal System
Powers of the government would be divided between the states
and the federal government
Supreme Law of the Land
Under the constitution, if a conflict arose between a state law
and a federal law, the federal law would prevail.
Organization of Government
The government would be organized into three branches: A
legislative (law making branch, an executive branch (carries
out the laws), and a judicial branch, (interprets the laws).
Legislative Branch
House of Representatives
Senate
House of Representatives
The House of Representatives has 435 members. You must be 25
years old, a citizen for 7 years, live in the state. The number of
representatives a state gets depends on its population (Virginia
Plan). They serve a term of two years.
Senate
The Senate has 100 members, two from each state (New Jersey
Plan). Senators must be 30 years old, citizens for 9 years, live in
the state they represent. They serve a term for six years.
Congressional Powers
Executive Branch
President Barrack Obama
Vice President Joe Biden
Executive Powers
The President has specific powers granted him under the Constitution.
Electoral College
The electoral college is the system by which the President is
elected. There are 538 electoral votes. A candidate must win
275 to be elected President
How Electoral College Works
On election day, people vote. The candidate with the most votes
wins that state’s electoral votes. That process is repeated in all
states and territories where Americans vote. The first candidate
to win 275 electoral votes is the president.
Judicial Branch
The United States Federal Court System consists of one Supreme
Court, and other “inferior courts” established by Congress
Federal Court System
U.S. Circuit Court of Appeals
U.S. District Courts
Federal Court’s Jurisdiction
Depending upon the type of case, different courts will have
“jurisdiction” over the case.
Checks and Balances
Each branch of
government has a “check”
over the other branches.
This is to prevent any one
branch of government
from having too much
power.
National Citizens
When people attain citizenship, they no longer are “New
Yorkers”, or “Virginians”. They are “Americans.
Constitutional Debate
The Constitution now had to be ratified by the state legislatures.
Two groups took active part in the efforts to ratify or reject the
Constitution: Federalists and Antifederalists.
Federalists
Federalists were supporters of the Constitution. They
believed in a strong central government. Madison, Hamilton,
and John Jay were outspoken federalists.
Antifederalists
As the name implies, the antifederalists were opposed to the
Constitution and a strong central government. Patrick Henry,
George Mason, and Samuel Adams were leading antifederalists.
Protecting Rights
The Constitution’s 7 articles were a plan of how the
government was to be set up, organized, and operated.
Nowhere were any individual rights guaranteed or protected.
Adopting the Constitution
Delaware became the first state
to ratify the Constitution. New
Hampshire the ninth. Virginia
and New York eventually
ratified and in May 1790, Rhode
Island became the 13th state to
ratify.
The Bill of Rights
A Bill of Rights, guaranteeing individual freedoms was added in 1791.
Self Check Questions
• Where do most of the principles of our government come
from?
• How many branches of government are there?
• Which branch of government is the most powerful?
• Why didn’t all states immediately ratify the Constitution?