Instructional Focus Document Notes Unit 05

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Instructional Focus Document Notes
Grade 8/Social Studies
UNIT: 05
TITLE: More Perfect Union
Part 1: Principles of the Constitution
 After the Founding fathers had written the Constitution in 1787
at the Philadelphia Convention, there had been a division
among many delegates as to how the new Constitution should
operate.
 Federalists wanted a loose interpretation of the Constitution
 Anti-Federalists (Democratic Republicans) wanted a strict
interpretation of the Constitution.
 There had already been a series of debates, issues, and
compromises which had taken place during the Constitutional
Convention including:
The Great Compromise
The 3/5 Compromise
Federalists vs. Anti-Federalists
The Federalist Papers
The Bill of Rights
Preamble to The U.S. Constitution (The purpose)
We the people of the United States in order to form a more perfect
union, establish justice, insure 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 for the United States of America.
 The delegates at the Constitutional Convention had also made
sure that the Constitution would answer and eliminate the
grievances that had been listed in the Declaration of
independence, such as:
Grievances in the Declaration Of
Independence:
1. Taxation without representation
2. king has absolute power
3. Colonists not allowed to speak
out against the king
4. Quartering Act forced colonists
to house British soldiers
5. Colonists homes could be
searched without any kind of
warrant
6. Colonists were not allowed a trial
with a jury of their peers
Answered in the Constitution
1. All states are represented in
Congress
2. Congress has the power to
override a presidential veto
3. 1st amendment-Freedom of
speech
4. 3rd amendment-No quartering of
troops
5. 4th amendment-No unwarranted
search or seizure
6. 6th amendment-Speedy and
public trial, by an impartial jury.
7th amendment –Right to a trial
by jury of peers.
The Constitution was written with 7 principles. These are:
 Limited Government- The Constitution and laws define the
limits of those in power. Everyone including those with authority
must obey the laws. Our government is restricted in what it may
do.
 Republicanism- This philosophy means a limited government
with elected representatives who serve the will of the people.
Our government is based on the consent of the governed.
 Popular Sovereignty- This concept means that political power
rests with the people of this country. We can create, alter, or
abolish the government. We exercise this power by voting and
participating in government.
 Individual Rights- These are the rights protected with the Bill
of Rights. (First 10 amendments to the U.S. Constitution)
Added in 1791 the Bill of Rights included protection of free
speech and press, freedom of religion, right to bear arms, and
other personal rights.
 Separation of Powers- This is the division of our Government
into 3 branches. The Legislative branch, Executive branch, and
Judicial branch.
The Great Compromise also divided the Legislative branch into TWO
houses. A House of Representatives based on population of a state,
and The Senate where every state gets two senators.

Checks and Balances- This system does not allow any one
branch of Government to have too much power. Each branch of
government holds the other 2 in check, which keeps our
government in balance.
 Federalism- The distribution of power in our country between
the Federal Government and the Individual State Governments.
There are some powers delegated ONLY to the Federal
Government, and there are some powers delegated ONLY to
State Governments
Our Constitution can be changed by adding amendments. After
the Bill of Rights was added in 1791 (The first 10), our Constitution
was amended 17 more times, for a total of 27 Amendments.
The process by which our constitution is amended involves the
proposal for an amendment by Congress (both houses) with a 2/3
majority, or a proposal from 2/3 of the states. The Amendment
then must be RATIFIED by ¾ of the state legislatures.
How a Bill becomes a Law-
Judicial Review- This is the ability of the U.S. Supreme Court
to interpret the Law. If the Supreme Court decides a law violates
the Constitution, it can not go into effect, or if it is already in effect,
the law would no longer be legal. This allows a balance between
the 3 branches of government. This also allows the Supreme
Court to determine the Constitutionality of laws made by
Congress.
Judicial Review originated with the case of Marbury v. Madison.
Chief Justice John Marshall who had been appointed by President
John Adams presided over the case. John Marshall was a wise
choice by Adams because of his ability to discuss issues logically
and make well reasoned arguments.
Incoming President Thomas Jefferson had ordered James
Madison not to deliver outgoing President John Adams’ last
minute Judicial appointments. When William Marbury sued
Madison for the delivery of his appointment, John Marshall and the
Supreme Court decided that the law that had allowed William
Marbury to sue was unconstitutional. The case of Marbury v.
Madison established this precedent of Judicial Review.
Judges make decisions based on the rules set forth in the U.S.
Constitution.
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