Articles of Confederation
1. First government
after the
Revolutionary War
2. 13-independent
countries.
3. Did not have an
allegiance for one
another.
Strengths
of the Articles of Confederation
1. Could declare war
on other countries
2. Could enter into
treaties with other
countries
Weaknesses of the Articles
1. Can’t tax
2. No President/
Executive.
3. Can’t regulate
trade between
states.
4. Nine out of 13
states had to agree
before laws could
be made.
5. 13 out of 13 states
had to agree
before the
Articles could be
changed/
amended.
6. No national courts
to help settle
disputes
between states.
Essential Questions:
1. Tell what the
Articles could do
2. Explain why not
being able to tax
was serious for the
new government?
Assignment
Create a small poster highlighting one
of the problems of the Articles of
Confederation.
Philadelphia Convention
1. Representatives
met to revise the
Articles of
Confederation
2. They decided to
get rid of the
Articles and
create an entirely
new Constitution
New Jersey Plan – William Patterson
1. Unicameral (one
house)
2. Equal representation
3. One vote per state
Virginia Plan - James Madison
1. Bicameral (two
houses)
2. Representation based
on population per
state
3. Vote based on
population
4. Also. thinks a third
branch of
government should
be included – Judicial
Branch
Great Compromise – Roger
Sherman
1.Two houses
a.Upper house
(Senate ) equal
representation
satisfied the smaller
populated states
b.Lower house (House
of Representatives)
representation based
on population
satisfied the larger
populated states.
th
3/5
Compromise
1. Southern states
wanted to count their
slaves for
representation
purposes
2. Northern states
wanted to count their
slaves for taxation
purposes.
1. For every 5 slaves, 3 will be counted for
taxation purposes – satisfies the Northern
states.
2.For every 5 slaves, 3 will be counted for
representation purposes – satisfies Southern states
Important People
George Washington –
Chosen President
of the
Constitutional
Convention because
of the respect he
gained during the
Revolutionary War
James Madison
Father of the U.S.
Constitution
because he took
meticulous notes.
Federalists and Anti
Federalists
1. Federalists – Wanted a
strong central
government – approved
the new Constitution
2. Anti-Federalists –
Hoped to keep more
power with the states –
did not want to approve
the Constitution
3.The Federalists
Papers
a. Written by John Jay,
James Madison and
Alexander Hamilton
b. Series of essays that
helped take away the
fears the antifederalists had about a
strong central
government
4. Printed in New York Newspapers
first:
a. Large population with a lot of
disagreement about the fairness of
the Constitution
b. Federalists needed to persuade NY
to approve/ratify the Constitution
Basic Principles of the
Constitution
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
Principles of the U.S.
Constitution
Federalism principle of the
U.S. Constitution
that divides the
powers between
the national and
state governments.
Federalism Broken Down
Delegated –
federal powers
2. Concurrent –
Powers shared by
both the Federal
government and
the States
3. Reserved – Rights
ONLY the States
have
1.
Types of Power
1. Delegated powers- those powers
given to the government by the people.
a. Expressed powers- those powers
specifically written in the constitution.
b. Implied powers- those powers not
specifically written, but understood from
the ones that are.
c. Inherent powers- those powers given to
the government by the nature of being a
sovereign power.
Types of Power Continued…
2. Reserved powers- those powers
that can only be carried out by the state
level of government.
3. Exclusive powers- those powers that
can only be carried out by the national
level.
Types of Power Continued…
4. Concurrent powers - powers that can
be exercised by both national and state
levels.
5. Denied powers- those powers that
the government is not allowed to use.
Summary
Explain what federalism is. Why do you
believe the founding fathers chose to
have a federal government?
Preamble
“We the people of the United States, in
order for form a more perfect union,
establish justice, ensure 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 of the
United States of America.”
Popular Sovereignty
Giving people
the
opportunity to
make decisions
by voting.
Checks and Balances
Allowing each Branch
of the government
to monitor one
another so none
become too
powerful
Checks and Balances for Each
Branch - Examples
1. Presidential Veto – refusal to sign a bill
into law (Executive Branch)
2. Congressional override of Presidents
veto with a 2/3rd’s vote (Legislative
Branch)
3. Judicial Review – Supreme Court
determines if a law is constitutional
(Judicial Branch)
Separation of Powers
Each branch of the
government having
their own distinct
responsibility
Limited Government
1.
2.
Government can only do
what the people say it can
do.
Everyone has to obey the
laws – including the
government.
a. Article 1, sect. 9 &10 - it
specifically identifies
powers that congress
cannot exercise.
b. Amendments often deal
with protected rights. – p
765
Due Process
Habeas Corpus – prevents unjust arrests
and imprisonments. There must be a
good reason to keep someone in prison.
Bill of Attainder – punishment without a
court trial
Ex Post Facto laws – a law passed after
the fact.
Judicial Review
Power of the courts to determine
whether what government does is in
accord with what the Constitution
provides.
- The power to declare an action
unconstitutional.
Marbury v Madison
a. Marbury vs. Madison (1803)
1. The first time the Supreme Court overturned the action of
another branch of the national government.
2. The importance if the precedent set for the court’s power
to overturn any government action.
3. examples: Roe vs. Wade (1973)- legalized abortion
b. Plessy vs. Ferguson (1896) - separate but equal
c. Brown vs. the Bd. of Ed. Topeka, Ka. (1954) separate but equal is not OK in schools
d. TLO vs. New Jersey (1987) - gave schools the
right to search students and property without
probable cause
Constitution Format
1. Preamble - the introductory
paragraph of the constitution explaining
the purpose of the constitution.
Constitution Format
Continued…
2. 7 Articles:
a. Article 1- legislative branch
b. Article 2- executive branch
c. Article 3- judicial branch
d. Article 4- relations of states
e. Article 5- amendment process
f. Article 6- Oath of office, supremacy of law,
national debts
g. Article 7- ratification
Constitution Format
Continued…
3. Amendments
a. The first ten amendments are the Bill of
Rights.
b. There are 27 amendments in the
constitution.
Formal Amendment Process
1. Article 5 of the constitution establishes
the method to amend the constitution.
2. Amendment- to officially change a
document by adding to it or deleting from it.
3. The constitution has been formally
amended 27 times
4. The first ten amendments were added in
1791 and are called the Bill of Rights.
Formal Process Continued…
Proposal
by
National
Level
2/3 of both
houses of
congress may
propose
Ratification 3/4 of state
by State
legislatures
level
may ratify
2/3 of the states
holding a national
convention may
propose
3/4 of states
holding conventions
may ratify
Informal Amendment
Procedures
1. Basic Legislation- laws written that add
detail to the vague writings of our
constitution
a. Art 1. Sect 8, - 1 – gives Congress power
to tax. Congress has written many laws over
the years establishing different types of
taxes.
b. Art 1, Sect 8, -12, 13 - the power to
establish an Army and Navy were stated, but
no mention of an Air Force or NASA.
Informal Amendment
Procedures Continued…
2. Executive actions- various methods in
which Presidents have exercised their
powers in office.
a. Strong Presidents have actually
expanded the powers of the
executive branch.
b. Police actions with military and executive
agreements.
Informal Amendment
Procedures Continued…
3. Court decisions- courts interpret
the meaning of the constitution
through court cases they hear,
expanding or limiting the powers of
government.
4. Party Practices- the development
of political parties has influence the
way our government runs.
Informal Amendment
Procedures Continued…
5. Customs - actions taken by
government officials for the first time
set (established) a precedent for the
way things are to be done in the future.
Review of the Constitution
ERA
Section 1. Equality of rights under the law
shall not be denied or abridged by the United
States or by any State on account of sex.
Section 2. The Congress shall have the
power to enforce, by appropriate legislation,
the provisions of this article.
Section 3. This amendment shall take effect
two years after the date of ratification.
Consider…
Do you think that this amendment
should have passed? Why do you think
that this amendment was not
successful? Are there any times when
gender should matter?
Now Consider….
Sexual assault laws
the Draft
Restrooms
Child custody
Alimony