American Political Science experts on the interpretation of The Constitution 49 min.
1
Words, Terms and People to Define:
18.Legislative Branch:
1. Federalist Papers:
19. Edmund Randolph:
2.Enlightenment:
20. John Locke:
3Articles of Confederation:
21. Baron de Montesquieu:
4Bill of Rights:
22. Electoral College:
5Constitution:
23. Antifederalists:
6Ordinance:
24. Federalists:
7Shay’s Rebellion:
25. The Great Compromise:
8Bicameral:
26. Three-Fifths
9Federal System:
27. Compromise:
10. George Washington:
28. Virginia Plan:
11. Northwest Ordinance:
29. New Jersey Plan:
12. Northwest Territory:
30. Quakers:
13. Executive Branch:
31. Daniel Shays:
14. Manumission:
32. Depreciated:
15. Judicial Branch:
33. Mercy Otis Warren:
16. Roger Sherman:
2
17. James Madison:
http://patriotpost.us/alexander/2009/05/14/religion-and-politics-dont-mix/
Chapter
7 A More Perfect Union
Prime Minister of Great Britain, William E. Gladstone, who expressed himself in 1887 in a letter to an official
committee in America in charge of the celebration of the centennial of the framing of the Constitution, in part as follows:
"I have always regarded that Constitution
as the most remarkable work known to me
in modern times to have been produced by
the human intellect, at a single stroke (so to
speak), in its application to political affairs."
Run Time: [26:41]
The leaders of a new United State were faced with the challenge of building a basis for
government that would avoid the abuses they experienced in the past. Examine the
events that led to--and the key people involved in--designing the United States
Constitution.
4
Chapter 7 A More Perfect Union
"We are the 99 Percent, and we're all victims of the 1 Percent." By any objective
standard,Thoughts
the 99 Percenters
not the brightest bunch, and they really represent
Some
toareConsider:
the roughly 20 percent of Americans who are irrevocably dependent upon
government
subsidies and pay no income tax. Thus, this 20 percent has no vested
"The
Did
Youmoment
Know? the idea is admitted into society that
interest
in thenot
costas
of sacred
government
andlaws
is predisposed
votethat
for the redistribution
property
as the
of continuously
God, toand
The
UnitedisStates
is the world’s
oldest
surviving
of others' incomes rather than work for their own. The underlying assumption is
Texas
Governor
Rick Perry
toldthe
reporters
following
hiswritten
speech
thatprotect
Texans
might get so frustrated with the
democracy.
Our
Constitution
is
oldest
democratic
there
is
not
a
force
of
law
and
public
justice
to
that it's easierstill
to confiscate
wealth
than
it. amended 27 times.
government they would
want to
secedecreate
from the union.
constitution
in
use
and
it
has
only
been
it,
anarchy
and
tyrannycombines
commence.
If 10
'Thou
shalt
not
This
"entitled"
20 percent
with the
percent
of American
labor who
“Now
we
are
engaged
in
a
great
civil
war,
“There’s
absolutely
no
reason
to
dissolve
it.
But if
covet'
and 'Thou
shalt not
steal'who
were
are collectivists
and another
5 percent
arenot
perpetual malcontents to thus
Mosttesting
amendments
address
specific
questions
or
needs.
Washington
continues
to
thumb
their
nose
at theIdiots.
whether
that
nation,
or
any
nation,
so
form
Barack
Hussein
Obama's
entrenched
socialist
constituency
of Useful
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of
Heaven,
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must
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The
voting
age inAmerican
the UnitedOccupy
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remained
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until
the
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people,
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knows
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The
intellectually
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morons
have
built
their
movement
around
conceived
and
so
dedicated,
can
long
endure.”
inviolable precepts
in every
society
before
it can
Twenty-Sixth
Amendment
in 1971,
which
lowered
thebeage to 18. It was
the errant
assertion
that out
ifGettysburg
theofassets
ofAddress
the 1 Percent
were entirely redistributed,
come
that.”
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Lincoln’s
1863
spurred
onor
byof
Vietnam
war
protesters
in the
1960s who argued that if
civilized
made
free."
--John
Adams,
1787
everyone
would
happily
ever
Unfortunately,
what
35 Percenters
people
were
old live
enough
to 2009.
fightafter.
in wars,
they were
oldthe
enough
to vote.
April 15,
really want, "redistributive justice" as Obama calls it, would require the
redistribution of income from the other 65 percent of Americans families who live
th anniversary of fall of
Democracy
is
a
process.
20
on earned income, so that everyone could be equally impoverished.
BerlinWall and collapse of Soviet communism
Mark21,
Alexander
Feb
1990 Vaclav Havel Czechoslovakian president speaking to the
U.S. Congress. “…you too are merely approaching democracy…”
We’ve only been around for relatively short time and are
ourselves—an experiment ! 223 years under the Constitution
At the close of the Constitutional Convention of 1787, Ben Franklin
“Well, Doctor, what
have we got—a Republic or a Monarchy?”
He replied, (according to the notes of Dr. James McHenry, one of Maryland’s
was asked by someone outside the hall,
delegates to the Constitutional Convention)
“A Republic, if
you can keep it”
Nothing is certain!
6
1. A Govt. that gets its
authority from the citizens.
2. A selfless, educated
citizenry.
3. Frequent Elections.
The
“Virtuous
Republic”
4. A Govt. that guarantees
individual rights &
freedoms.
What does
A Virtuous
5. A Govt.’s whose power is
Republic provide
limited [checks & balances].
Goal is to limit the destructiveness
of human nature and push man towards virtue.
6. A written Constitution.
7. “E Pluribus Unum.” [“Out of
many, one”]
8. An important role for
women  raise good,
virtuous citizens.
[“Republican Womanhood”].
The difficulty of using source documents or quotations from historic figures is that
there is a natural tendency to interpret them as we would today. Also the tendency
to interpret them to mean what we would like them to mean. Another problem is
relying upon our own limited understanding of the past in general, or the figure in
question in particular.
"The fabric of American empire ought to rest on
the solid basis of THE CONSENT OF THE
PEOPLE. The streams of national power ought to
flow from that pure, original fountain of all
legitimate authority."
--Alexander Hamilton, Federalist No. 22, 14
December 1787
Alexander Hamilton
Electing A President 1992—taking it to
the people!
And
as for
Congress
, Perot
promises
• “The
traditional
way
to achieve
andto
wieldit power
America
tame or people
bypass
and goindirectly
to is
thetoAmerican
charm
or
capture
these
institutions.
in the
"electronic
hall"
-- Nightline
with
Perot's
geniustown
was to
realize
that for
President
Perot
playing
Ted Koppel.
It is here,
the first
time
in history,
technology
says
Perot,itthat
the American
people
makes
possible
to bypass
them.will,
Win“in
or communion
lose, knowingwith
or the
not,leader,
Perot solve
is thethose
direct
harbinger
of that
a new
eraeluded
of direct
knotty
problems
have
a
clumsy,
democracy.” Time 1992
corrupt Congress.” TIME Monday, Jul. 13, 1992
Read more: http://www.time.com/time/magazine/article/0,9171,975992,00.html#ixzz0X1frd2SM
Read more: http://www.time.com/time/magazine/article/0,9171,975992,00.html#ixzz0X257JsPN
Read more: http://www.time.com/time/magazine/article/0,9171,975992,00.html#ixzz0X1frd2SM
9
Answer Me This….
• 1. Is Perot correct in assuming it is
a good thing to “by pass”
traditional political and
governmental institutions? Why or
why not?
• 2. Would the founding fathers
have approved of Perot’s ideas
about direct and immediate
involvement of the voting public?
10
John Adams, signer of the Declaration of Independence and later
wrote
in 1776
on enfranchising
more Americans:
•president,
“Depend
upon
it,thisSir,
it is dangerous
to open so
fruitful a source of controversy and altercation
as would be opened by attempting to alter the
qualifications of voters; there will be no end to
it. New claims will arise; women will demand
the vote; lads from 12 to 21 will think their
rights not enough attended to; and every man
who has not a farthing, will demand an equal
voice with any other, in all acts of state. It
tends to confound and destroy all distinctions,
and prostrate all ranks to one common level. “
There is a current legal movement that is referring to the Constitution
as a charter of negative rights. To this movement the Constitution is
full of “negative rights”, ones that the government can't do. It's
negative because the government is limited in what it can do.
• “The Supreme Court never ventured into the issues
of redistribution of wealth, and of more basic issues
such as political and economic justice in society…. To
Assuming
this is
betry
thistoway?
that extent,
as true--why
radical as Iwould
think this
people
characterize the Warren Court, it wasn’t that
radical. It didn’t break free from the essential
constraints that were placed by the founding
fathers in the Constitution … that generally the
Constitution is a charter of negative liberties. Says
what the states can’t do to you. Says what the
Federal government can’t do to you, but doesn’t say
what the Federal government or State government
must do on your behalf…”
•
President Obama in a radio
interview in Chicago before he was a Senator
12
The Constitution as a
“Living Document”
• Carefully consider the following:
• How “alive” is it?
(how changeable, bendable,…how plastic how
streeeeeeeeeeeeeeeetchable is it?)
Why theintend?
Articles couldn’t
• What did the Framers
govern-then your chapter
Originalists vs. loose interpreters
notes……
• What are “negative rights”?
– What would be considered a positive
right?
And
now for something
completely different……
13
Without the all consuming mission of war to hold the country together,
regional and ideological resurfaced. The congress trying to govern under the
Articles of Confederation was largely ineffectual. 7:13
14
Run Time: [26:41]
The Revolutionary War created lingering problems for American
people, politics, and economy. Find out how the leaders of the new
nation struggled to unite the thirteen states when the Articles of
Confederation failed to support a central government.
15
I. Thirteen Independent States
(Pages 792-793)
The States preexist the federal union!
• Americans needed to establish
their own government and gain
Britain's respect.
• This brought new challenges.
• States organized their
governments and adopted their
own state constitutions.
• State constitutions limited the
power of the governor to avoid
giving one ruler too much power.
In the days before the Continental Congress
declared independence, colonists debated
how they might go about forming a new
government.
• In his Autobiography, John Adams
recalled how he explained to fellow
“…Although
opposition
to independence
was still firm,
many members
of
members
of
the
Congress
what
steps
Congress began to hear me with more patience. Some began to ask me civil
questions.
should be taken. His response
“How
can thehis
people
institute
governments?’
indicates
faith
in the
people and My
answer
, ‘By conventions
representatives,
theirwas
knowledge
of the of
political
freely,
fairly, and
proportionably
chosen.’…”
currents
of the
time.
23
Notes Chapter 7,
John Hanson
Section 1
(1715 - 1783) - Served from November 5, 1781
until November 3, 1782, first President of the United States
under the Articles of Confederation
• II. Forming a Republic (Pages 793-795)
– Americans agreed that the country should be a
republic, which is a government with elected
representatives.
– At first most Americans favored a weak central
government with the powers being given to the
states to function independently except for the
power to wage war and handle relations with
other countries.
– In 1777 the Articles of Confederation
were adopted to provide for a central
government. At the time the country needed a
central government to fight the war against
Britain.
• Under the Articles of Confederation, the
government, which was the Confederation
Congress, had the authority to
–
–
–
–
conduct foreign affairs
maintain armed forces
borrow money
issue currency images
• The government did not have the authority to
– regulate trade
– force citizens to join the army
– impose taxes
• Congress needed to ask state legislatures to
raise money and provide troops.
• The government did not have a chief
executive.
• Each state had one vote in Congress.
• States also argued about whether or not they
claimed land in the West. Maryland refused
to ratify the Articles of Confederation
until states abandoned their land claims.
Finally all 13 states approved the Articles on
March 1, 1781.
– The Confederation government had its weaknesses,
but it won Americans their independence,
expanded foreign trade, and provided for new
states in the West.
– It had limited authority.
– It could not pass a law unless nine states voted for
it.
– To change the Articles of Confederation, all 13
states had to give consent. It was difficult,
therefore, for Congress to pass laws when there
was any opposition.
The writers of the Articles of Confederation did not
feel that Americans wanted or needed a strong central
government. They thought that giving the powers to the
states would be a reasonable way to run the new
government. Also, in light of their history of problems
with Britain, they feared a government with too much
power.
Why did the Confederation Congress
have limited authority?
OAT Question: ACS p. 151 Economics:
Govt. and the Economy
(4) Explain how lack of power to regulate the economy
contributed to the demise of the Articles of Confederation
and the creation of U.S. Constitution
18. The Articles of Confederation allowed each state to determine
the tax on goods imported from other nations. The national
government had no power to raise or lower these taxes. How did
this situation affect the early economy of the United States?
A. State residents were overtaxed by the national
government.
B. State governments refused to print their own paper
money.
C. Foreign countries had to lend Congress money to
build roads and canals.
D. Inexpensive foreign imports flooded the country
and hurt American industry.
III. New Land Policies
(Pages 195-197)
• The Articles of Confederation had no provision for
adding new states. Congress realized it had to extend
its authority over the frontier and bring order and
stability to the territory where western settlers
reached almost 120,000 by the 1790.
• In 1784 Congress divided the Western territory
into self-governing districts. When the number of
people in a district reached the population of the
smallest existing state, that district could apply for
statehood.
• In 1785 the Confederation Congress established a
new law that divided the Western territories into
larger townships and smaller sections. Each smaller
section would be sold at auction for at least $1 an
acre. This was called the Ordinance of 1785. Land
speculators bought large pieces of land cheaply.
• Another ordinance passed in 1787 was the
Northwest Ordinance.
– It created a Northwest Territory map
out of the lands north of the Ohio River
and east of the Mississippi River.
– It divided the lands into three to five
smaller territories.
– It stated that when the population of a
territory reached 60,000 citizens, that
territory could apply for statehood.
Each new state would enter as an
equal to the original 13 states.
– It included a bill of rights to protect
the settlers that guaranteed freedom of
religion and trial by jury. Neither
slavery nor involuntary servitude were
permitted in the new territories.
OAT Question: Government
• 27. The Northwest Ordinance was passed by
the United States Congress in 1787. What
did the Northwest Ordinance make
possible?
–
–
–
–
A. the creation of several new states
B. the discovery of gold in the Yukon Territory
C. the establishment of public hospitals
D. the purchase of the Oregon and Washington
territories
They opened the door to land speculators, who
probably encouraged people to settle in the West. The
ordinances also divided the land so that as soon as a
smaller region reached a certain population, it could
apply for statehood. The bill of rights of the Northwest
Ordinance protected settlers by giving them certain
freedoms. This encouraged citizens to feel more
comfortable moving to a new place knowing they were
protected.
How did the Ordinances of 1784 and 1785
and the Northwest Ordinance of 1787
open the way for settlement of the
Northwest Territory?
IV. Trouble on Two Fronts
(Pages 197-198)
• The Confederate government had trouble with finances,
and with Britain and Spain over landholdings and trade.
Many Americans felt the country needed a stronger
government to better deal with the problems.
• The government had a large debt from fighting the war.
Congress had borrowed money from American citizens
and foreign governments.
• Money was almost worthless. The paper money
printed during the Revolutionary War had fallen in
value, while the prices of food and other goods
soared.
• To help solve the financial problems, the Confederacy
created a department of finance. Robert Morris, image
a Philadelphia merchant, headed the department.
• Morris proposed a plan that called for collecting a 5
percent tax on imported goods to help payoff the
national debt.
• The problems with Britain concerned
landholdings and trade.
– British troops remained in several
strategic forts in the Great Lakes Region
even though Britain had promised to
withdraw all troops under the Treaty of
Paris.
– British merchants closed Americans out of
the West Indies and other profitable
British markets.
– John Adams went to London in 1785 to
discuss these issues.
• The problems with Spain were worse
than those with England.
– Spain closed the lower Mississippi River to
American shipping in 1784 in hopes of
halting American expansion into their
territory of Spanish Florida map and lands
west of the Mississippi River.
– A compromise was reached with an
agreement in 1786 that limited American
shipping on the Mississippi. .
Because the central government was weak, he
likened it to a shadow. It was there, but because
its powers were limited, it did not have substance
or a way to carry out its duties.
What do you think George Washington meant when he
described the government by the words
"little more than the shadow without the substance"?
Did You Know?
• Benjamin Franklin,
a signer of the
United States
Constitution, was a
multitalented man
who, in addition to
his involvement
with the
government, was a
scientist, inventor,
printer,
philosopher,
musician, and
economist.
I. Economic Depression
(Pages 199-201)
• The United States went through a
depression, or a time when economic
activity slowed and unemployment
increased, after the Revolutionary War.
– Because Southern plantations were damaged
during the war, they could not produce as much
rice as prior to the war. As a result, rice exports
dropped.
– Farmers could not sell the goods they grew and
therefore did not have money to pay state taxes.
– American trade fell off when Britain closed the
West Indies to American merchants..
– The Shays's Rebellion occurred as a result of the
problems farmers suffered.
39
• Shays Rebellion led the farmers toward the federal
arsenal in Springfield, Massachusetts, for arms and
ammunition.
• Americans felt the impact of the Shays uprising.
• Slavery was a difficult issue that many people and groups
began to work toward ending.
– Quakers organized the first American Antislavery
Society readings in 1774.
– In 1780 Pennsylvania passed a law that provided for
freeing enslaved people gradually.
– In 1783 a Massachusetts court ruled slavery was
illegal.
– Between 1784 and 1804, Connecticut, Rhode Island,
New York, and New Jersey passed laws that gradually
ended slavery.
– In 1787 the Free African Society in Philadelphia was
formed.
– Absolom Jones (formed a new denomination, the African Methodist
Episcopal) and Richard Allen (helped establish the African
Methodist Episcopal Church)
• Some states clung to slavery, especially
those south of Pennsylvania. The plantations
system relied on slavery to survive. Yet a
number of slaveholders did begin to free
slaves after the war.
• Virginia passed a law encouraging
manumission, ancient Roman or freeing
individual enslaved persons.
• The abolition of slavery divided the country.
In 1787, when state representatives met to
plan a new government because they realized
the Articles of Confederation were weak,
they compromised on the issue of slavery.
It would take another war to resolve this
issue.
II.
A Call for Change (Page 201)
George Washington
1786 "There are combustibles
warned in
:
• in
Political
leaders
were
divided
on the
of
every state
which
a spark
might
setissue
fire to."
the type of government the country should
have.
– One group wanted to remain with a system of
independent state governments.
– The other group wanted to create a strong national
government.
• In September 1787, Hamilton proposed
calling a meeting in Philadelphia to discuss
trade issues and possible changes to the
Articles of Confederation so that the union
would become a nation.
• George Washington finally agreed to attend
the convention although at first he was not
enthusiastic about revising the Articles of
Confederation.
•
44
Who were the Framers of the Constitution? 6:57
47
III. The Constitutional Convention
(Pages 202-203)
• The Constitutional Convention met in Philadelphia
beginning in May 1787 and consisted of 55 delegates,
none of whom were Native American, African
American, or women.
• Several leaders stood out-George Washington, Ben
Franklin, James Wilson, Gouverneur Morris, who
wrote the final draft of the Constitution, Edmund
Thomas Jefferson
Paris wrote
to John Adams
London known as
Randolph,
and in
James
Madison,
who inbecame
concerning
Constitutional
convention’s
members:
"Father
ofthethe
Constitution"
because
he authored the
basic plan of government that was adopted.
• George Washington presided. The basic rules were:
– each state had one vote on all issues
– a majority vote was needed to finalize decisions
– delegates from at least 7 of the 13 states were
required for meetings to be held
– delegates met behind closed doors so they could
talk freely
"It really is an assembly of
demi-gods."
• Two plans of government were proposed-the Virginia Plan and the
New Jersey Plan.
• The Virginia Plan, proposed by Edmund Randolph from Virginia,
called for a two
• house legislature, a chief executive chosen by the legislature, and
a court system
– The people would elect members of the lower house.
– The lower house would choose members of the upper house.
– In both houses, the number of representatives would be
proportional to the population of each state. A state with a
smaller population would have fewer representatives than a
state with a larger population.
• The New Jersey Plan, proposed by William Paterson, modified
the Articles of
• Confederation.
– It kept the one-house legislature with one vote for each
state.
– Congress would now have the powers to set taxes and regulate
trade.
– Congress would elect a weak executive branch with more power.
IV. Compromise Wins Out
(Pages 203-205)
• The delegates decided that simply revising
the Articles of Confederation would not solve
the problems. They voted to plan a national
government based on the Virginia Plan, but
they had to work out several issues:
– how the members of Congress were to be
elected
– how state representation would be determined in
both houses
– whether or not enslaved people were to be
counted as part of the population, which would
affect the number of representatives for some
states
– whether or not to ban slavery
• The Great Compromise was the agreement used
to resolve the representation issues. Roger
Sherman of Connecticut proposed the plan. It
said that:
– There would be a (bi-cameral) two-house
legislature. In the lower house, or House of
Representatives, the number of seats for each
state would vary according to the state's
population. In the upper house, or Senate, each
state would have two members.
– The way to count enslaved people would be
determined by the Three-Fifths Compromise.
• Another compromise plan to resolve the issue
of slavery said that Congress would not
interfere with the slave trade until 1808.
Beginning that year, Congress could limit the
slave trade if it chose to.
• The Bill of Rights was proposed to protect
the new government from abusing its power.
George Mason of Virginia proposed a bill of
rights, but it was defeated.
• On September 17, 1787, after four months
of discussion and planning, the delegates met
to sign the document. All but three delegates
signed. The Confederation Congress sent the
approved draft for state consideration. Nine
of the thirteen states were needed for the
Constitution to be approved.
• At the close of the Constitutional
Convention in Philadelphia, Benjamin
"There are several parts of this Constitution which I do
Franklin
was
asked
if
the
delegates
had
not at present approve, but I am not sure I shall never approve
formed
a republic
or a monarchy.
them."
He would
accept the Constitution,
however, "because I
Benjamin Franklin
• "A republic," he
responded, "if you can
keep it."
expect no better and because I am not sure that it is not the best."
53
Did you Know?
• The first Supreme
Court of the United
States had six
members. Chisholm v.
Georgia (1793)
The Court lacked its own building until 1935;
from 1791 to 1801, it met in Philadelphia's City Hall.
First case/first
Before settling
at nine in 1869, the
number of Supreme
Court justices
changed six times.
In its entire history,
the Supreme Court
has had only 18
chief justices, and The Old
over 100 associate
justices.
court
Senate Chamber, located in the Capitol
I. Roots of the Constitution (Pages 207-208)
•
The framers of the Constitution had studied government, history, and
politics. Many ideas in the Constitution came from the study of European
political institutions and political writers. The Enlightenment also
influenced the delegates.
•
The British system of government and British ideas and institutions
influenced the framers of the Constitution. Magna Carta, English Bill of
Rights of 1689
•
The framers took ideas about people and government from European
writers of the Enlightenment. The Enlightenment promoted knowledge,
reason, and science as the way to improve society.
– Ideas of John Locke, an English philosopher, included the belief
that all people have natural rights, including life, liberty, and
property and that government is an agreement, or contract,
between the people and the ruler.
– The Constitution was a contract between the American people and
their government, and it protected the people's natural rights by
limiting the power of the government.
– The French writer Baron de Montesquieu (The Spirit of the Laws) text
believed that a separation and balance of powers should exist.
Also, the powers of government should be clearly defined and limited.
– The framers provided for a specification and a division of powers. They
also provided for a system of checks and balances to make sure that
no one part would gain too much power.
The United States Constitution was designed to provide a strong
central government without threatening the existence of states or
liberty. See how the separation of powers works 26:41
57
II. The Federal System
(Pages 208-209)
• The Federal System divided powers
between the national (federal) government
and the states. It created shared powers,
a distinctive feature of the United Stated
government.
– The federal government had the powers to tax,
regulate trade, control the currency, raise an
army, and declare war.
– The state governments had the power to pass and
enforce laws and regulate trade within their
borders. They could also establish local
governments, schools, and other institutions
affecting the welfare of its citizens.
– Shared powers
by the federal and states
included the power to tax and to build roads.
– The Constitution became the supreme law of the
land, the final authority.
chart Concurrent
Here’s where I draw a diagram explaining federalism!
also separation
of powers!
ConcurrentAnd
powers
are powers
shared by the national
Impliedand
powers:
those powers
a theis shared in a
government,
the state governments.
Thisauthorized
is part of howby
power
Federalist
way of which,
government.
was proposed
by the
framers
of the
Constitution
whileIt not
stated, but
that
seemed
to be
Federalism:
the
distribution
of power
in and
constitution.
Examples:
collect
taxes , make and enforce
laws establish
implied by powers expressly stated. Article One, section 8,
an organization
(as a government)
clause
18:
maintain courts…
Delegated
also
called the Enumerated
between
aPowers,
central
authority
the
“The
Congress shall
have Power
- To make alland
LawsPowers,
which are
shall
powersand
(given)
of
established
in section eight
of
be the
necessary
proper
forCongress
carrying
into Execution
the foregoing
constituent
units
[1]
Article
I
of
the
US
Constitution.
There
are
nineteen
such
powers.
Powers,
other Powers
vested by this Constitution in the
Typesand
ofallGovt.
Powers
Government of the United States, or in any Department or Officer
Inherent
Powers:
powerstothat
Reserved
powers,are
underthose
the Tenth Amendment
the
thereof.”
States Constitution,
powers
that the United States Constitution
aUnited
sovereign
state
holds
does not give to the federal government, or forbid to the states, are
Denied
Powers: those prohibited
reserved (kept) to the states or the people
59
Run Time: [29:36]
Explains what federalism is, the different stages of federalism that have taken
place over time, and how the Supreme Court relates to federalism.
60
The Framers felt that certain powers needed to be
carried out by both the federal and state governments.
Thus we have federal and state taxes and federal and
state highways. Some things are more appropriate to
do at a more local level and some things at a higher,
more distant level with presumably more resources.
Why do you think the framers created a federal
system with shared powers?
III.
The Organization of Government
(Pages 209-271)
• The federal government is divided into three branches:
legislative, executive, and judicial.
– The (1.) legislative, or lawmaking, branch is made of
the House of Representatives and the Senate.
• Headed by the president the (2.) executive branch
carries out the nation's laws and policies. The duties
of the president include being commander in chief of
the armed forces and conducting foreign policy.
• In Electoral College,each state chooses to cast their
votes for the president and vice president.
– The president and vice president serve a four-year
term.
• The (3.) judicial branch, or court system, consists of
the Supreme Court and lower courts.
•
The courts hear cases involving the Constitution,
laws passed by Congress, and disputes between states
•
64
Presidential race results
Click on a state below for 2000 results, number of electoral
votes available, and 1996 results.
Electoral votes needed to win: 270
Bush votes: 270 popular vote 50,456,002
Gore votes: 267 popular vote 50,999,897
• The system of checks and balances, a
distinctive feature of the United States
government, maintains a balance of power.
– Both houses of the legislature must pass a bill for it
to become a law.
– The president can check Congress by vetoing a
bill The judicial branch checks the Congress by
making sure the laws they pass do not conflict
with the Constitution.
– Congress can check the president by overriding the
veto, but two-thirds of both houses must vote
for the bill The judicial branch checks the
president by making sure his decisions and actions
are legal
• The judicial branch decides whether or not
decisions or actions by the legislative and
administrative branches are legal
67
“
We the People of the United States, in Order to
•
The
president
appoints
Supreme
form a more perfect Union, establish Justice, insure
Court
justices,provide
but the
Senate
domestic
Tranquility,
for the
common
[1] promote
checks
by approving
defence,
the generalthe
Welfare, and secure
the appointments.
Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the
• The Constitution created a nation in
United States of America.
which the people could choose their
officials and the officials answered
to the people, not the states.
IV. The Constitutional Debate
“If men were angels,
no government
would be necessary.
(Pages
211-212)
If angels were to govern men, neither external nor
• Before
the
couldbego
into
internal
controls
onConstitution
government would
necessary.
In
effect,
9 of the
13 isstates
had to by
framing
a government
which
to be administered
ratify
Agreat
great
debatelies
took
place,
men over
men,it.the
difficulty
in this:
youwith
must
Americans
discussing
arguments
for andand
first enable
the government
to control
the governed;
against the Constitution.
in the next place oblige it to control itself.”
• Madison
Federalists
supported
the Constitution.
James
Federalist
#51
George Washington, Ben Franklin, James
Madison, Alexander Hamilton, and John
Jay supported the Constitution.
Madison, Hamilton, and Jay wrote the
Federalist Papers,
a collection of
essays explaining and defending the
Constitution.
complete text
Run Time: [03:19]
Political leaders divided into two groups during the constitutional ratification period--Federalists and Antifederalists. Contrast the two viewpoints and discover how the press was used to influence public opinion. Trace
the origin of the Bill of Rights
70
• The Anti-federalists opposed ratification.
They wrote a series of essays known as the
Antifederalist Papers
• The debate exposed each group's fears. The
Federalists feared disorder without a strong
federal government and looked to the court to
create a national government capable of
maintaining order. The Anti-federalists feared
oppression more than disorder..
71
V. Adopting the Constitution
(Page 213)
• A. The Constitution was ratified by all
states, despite opposition. Delaware was
the first to ratify on December 7,
1787. New Hampshire was the ninth
state to ratify on June 21, 1788.
• B. Virginia ratified at the end of June
1788 after being told the Constitution
would have a bill of rights added to it.
• C. New York narrowly ratified in July
1788, North Carolina in November
1789, and Rhode Island in May 1790
72
• D. Celebrations took place in
hundreds of American towns and
cities. The Constitution was finally
ratified, and the new nation had a
new government. A bill of rights
was added in 1791. (see pages
244-245)
73
• John Adams cautioned, "A
Constitution of Government once
changed from Freedom, can never be
restored. Liberty, once lost, is lost
forever."
• "The only foundation of a free
Constitution is pure Virtue, and if
this cannot be inspired into our People
... they may change their Rulers, and
the forms of Government, but they
will not obtain a lasting Liberty." --John
Adams
74
Pick one to write on for
the chapter test
• What were the differences
between the North and the South
over slavery?
• What are the three branches of
government? Describe each
branch’s responsibilities.
75
It depends. In European, or Asian
terms, 230 years is but an eye blink
of time. In comparison we are a
relatively new nation. Whether we
last 500, 1000 or more years is yet
to be determined. However, after
only two centuries we are the world’s
only superpower. Not bad for the
Discussion Question
“new guy on the historic block.”
More than 200 years later, the Constitution
still stands as the supreme law of the land. Do
you agree that Americans showed the world
that it was possible for this new form of selfgovernment to work?
78