Chapter 7 A More Perfect Union(1777-1790)
Section 3 A New Plan of Government
Roots of the Constitution
•After 4 months the Constitution was written
•It was a unique American document, but had roots in many other civilizations
•They looked at history so they could avoid mistakes made in the past
•The Framers of the Constitution were familiar with Parliamentary system of Britain
•Many Framers were in the colonial assemblies and state assemblies
•They valued individual rights
•They respected many of the British traditions (cultural beliefs and practices)
English Influences
•Magna Carta- Placed limits on the monarchs
•Parliament controlled the funds for wars and the government
•The colonial assemblies worked the same way
•The assemblies had some control over the colonial governors
•The English Bill of Rights- 1689
•During the Enlightenment philosophers John Locke and baron de Montesquieu had ideas that the Framers used
John Locke
•Locke believed people should have natural rights
•Including life, liberty, and property
•Government is based on an agreement between the people and the ruler
•Americans interpreted natural rights as the rights of Englishmen defined in the Magna Carta and English Bill
of Rights
•Protected the peoples rights by limiting the government’s power
Baron De Montesquieu
•Said the powers of government should be separated and balanced against each other
•This would keep any one person or group from gaining too much power
•Powers of government should be clearly defined and limited to prevent abuse
•Following Montesquieu’s ideas the Framers specified and divided the powers of government
The Federal System
•The Constitution divided powers between national (federal) government and the states
•Federalism- sharing power between federal and state governments
•Under the Constitution, the federal government gained powers
•Taxing, regulating trade, controlling currency, raising an army, and declaring war
•Also can pass any law that is “necessary and proper”
•Important powers were also left to the states
The Supreme Law of the Land
•The Constitution and the laws that Congress passed were to be “ the supreme law of the land”
•No state can make a law against the Constitution
•Disputes between the federal government and the states would be settled by federal courts
•On the basis of the Constitution
Branches of Government- Legislative Branch
•Article I established Congress as the legislative branch
•Law making branch
•House of Representatives and the Senate
•Powers of Congress include: collecting taxes, coining money, and regulating trade
•Can also declare war and “raise and support armies”
Branches of Government- Executive Branch
•Article II established the Executive Branch
•Headed by the president to carry out the nations laws and policies
•Commander in chief of the armed forces
•Conducts relations with other countries
•President and Vice President are chosen by the Electoral College
•Each state’s voters select electors to cast their votes for the president and vice president
•Each state gets the same number of electors as it has senators and representatives in Congress
•President and Vice President serve a four year term
Branches of Government- Judicial Branch
•Article III deals with the judicial branch (court system)
•The nations judicial power resides in “one Supreme Court”
•And any other lower courts the Congress might establish
•The Supreme Court and the federal courts hear cases involving the Constitution, laws passed by Congress, and
disputes between states
System of Checks and Balances
•The Framers built in a system of checks and balances
•Each branch has ways to check (limit) the power of the others
•No branch can dominate the government
•This system has kept a balance of power among the branches and has limited abuses
National Citizens
•The Constitution created citizens who choose their officials
•Officials answer to the people
•The new government pledged to protect the personal freedoms of the citizens
•The world watched to see if this experiment in self-government would really work
Debate and Adoption
•9 of the 13 states had to ratify the Constitution
•Supporters of the Constitution were called Federalists- Included George Washington and Benjamin Franklin
•Madison, Hamilton, and Jay wrote essays called the Federalist Papers
•People opposes were called Antifederalists- Also wrote essays called the Antifederalist Papers
•Antifederalists argued that the strong national government created by the Constitution would take away
American liberties
•Antifederaists favored local government
Protecting Rights
•The biggest criticism about the Constitution was that it lacked a Bill of Rights
•Many states refused to ratify with out a Bill of Rights
•Federalists feared disorder without a strong central government
•Antifederalists worried about oppression that might result from a strong central government
Adopting the Constitution
•New Hampshire became the 9th state to approve on June 21, 1788
•The new government could go into effect, but New York and Virginia had not ratified
•Virginia ratified after being assured a Bill of Rights would be added
•The Bill of Rights was added in 1791
•The final three states (NY, NC, and RI) approved the Constitution by May 1790
Essential Question
What ideas and features are found in the United States Constitution?
Ideas- Enlightenment ideas about natural rights limiting government power, separation of power
Features- the Constitution shares power between a central government and state governments; establishes
branches that make laws, carry out laws, and interprets laws; is the supreme law of the land, protects individual
rights
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