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Page 1: 1 American Political Science experts on the interpretation of The Constitution 49 min

1

American Political Science experts on the interpretation of The Constitution 49 min.

Page 2: 1 American Political Science experts on the interpretation of The Constitution 49 min

2http://patriotpost.us/alexander/2009/05/14/religion-and-politics-dont-mix/

Words, Terms and People to Define:

1. Federalist Papers: 2.Enlightenment: 3Articles of Confederation: 4Bill of Rights: 5Constitution: 6Ordinance: 7Shay’s Rebellion: 8Bicameral: 9Federal System: 10. George Washington: 11. Northwest Ordinance: 12. Northwest Territory: 13. Executive Branch: 14. Manumission: 15. Judicial Branch: 16. Roger Sherman: 17. James Madison:

18.Legislative Branch: 19. Edmund Randolph: 20. John Locke: 21. Baron de Montesquieu: 22. Electoral College: 23. Antifederalists: 24. Federalists: 25. The Great Compromise: 26. Three-Fifths 27. Compromise: 28. Virginia Plan: 29. New Jersey Plan: 30. Quakers: 31. Daniel Shays: 32. Depreciated: 33. Mercy Otis Warren:

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Chapter Chapter 77 A More Perfect Union A More Perfect UnionChapter Chapter 77 A More Perfect Union 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."

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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.

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Chapter 7Chapter 7 A More Perfect A More Perfect UnionUnion

Chapter 7Chapter 7 A More Perfect A More Perfect UnionUnion

Some Thoughts to Consider:Some Thoughts to Consider:

Did You Know? Did You Know? The United States is the world’s oldest continuously The United States is the world’s oldest continuously surviving democracy. Our Constitution is the oldest written surviving democracy. Our Constitution is the oldest written democratic constitution still in use and it has only been democratic constitution still in use and it has only been amended 27 times.amended 27 times.

Most amendments address specific questions or needs.Most amendments address specific questions or needs.The voting age in the United States remained 21 until the passage The voting age in the United States remained 21 until the passage of the Twenty-Sixth Amendment in 1971,of the Twenty-Sixth Amendment in 1971, which lowered the age to which lowered the age to 18. It was spurred on by Vietnam war protesters in the 1960s who 18. It was spurred on by Vietnam war protesters in the 1960s who argued that if people were old enough to fight in wars, they were argued that if people were old enough to fight in wars, they were old enough to vote. old enough to vote.

Democracy is a process.Democracy is a process. 20 20thth anniversary of fall of anniversary of fall of BerlinWall and collapse of Soviet communismBerlinWall and collapse of Soviet communism Feb 21, 1990 Feb 21, 1990 Vaclav HavelVaclav Havel Czechoslovakian president Czechoslovakian president speaking to the U.S. Congress. speaking to the U.S. Congress. “…“…you too are merely you too are merely approaching democracy…”approaching democracy…”We’ve only been around for relatively short time and We’ve only been around for relatively short time and are ourselves—an experiment ! 223 years under the are ourselves—an experiment ! 223 years under the ConstitutionConstitution

“Now we are engaged in a great civil war, testing whether that nation, or any nation, so conceived and so dedicated, can long endure.” Portion of Lincoln’s Gettysburg Address 1863

Texas Governor Rick Perry told reporters following his speech that Texans might get so frustrated with the government they would want to secede from the union.

“There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that.”April 15, 2009.

"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If 'Thou shalt not covet' and 'Thou shalt not steal' were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free." --John Adams, 1787

"We are the 99 Percent, and we're all victims of the 1 Percent." By any objective standard, the 99 Percenters are not the brightest bunch, and they really represent 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 interest in the cost of government and is predisposed to vote for the redistribution of others' incomes rather than work for their own. The underlying assumption is that it's easier to confiscate wealth than create it.This "entitled" 20 percent combines with the 10 percent of American labor who are collectivists and another 5 percent who are perpetual malcontents to thus form Barack Hussein Obama's entrenched socialist constituency of Useful Idiots.The intellectually challenged Occupy morons have built their movement around the errant assertion that if the assets of the 1 Percent were entirely redistributed, everyone would live happily ever after. Unfortunately, what the 35 Percenters really want, "redistributive justice" as Obama calls it, would require the redistribution of income from the other 65 percent of Americans families who live on earned income, so that everyone could be equally impoverished.

Mark Alexander

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At the close of the Constitutional Convention of 1787, Ben

Franklin was asked by someone outside the hall, “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 delegates to the Constitutional Convention)

  “A Republic, if you can keep it”

Nothing is certain!

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The“VirtuousRepublic”

Goal is to limit the destructiveness of human nature and push man towards virtue.

The“VirtuousRepublic”

Goal is to limit the destructiveness of human nature and push man towards virtue.

Classical view of

a model republic

Classical view of

a model republic

“City on a hill”

[John W

inthrop]

“City on a hill”

[John W

inthrop]Ideal citizen

[Cincinnatus]

Ideal citizen

[Cincinnatus]

1. A Govt. that gets its authority from the citizens.

2. A selfless, educated citizenry.

3. Frequent Elections.

4. A Govt. that guarantees individual rights & freedoms.

5. A Govt.’s whose power is limited [checks & balances].

6. A written Constitution.

7. “E Pluribus Unum.” [“Out of many, one”]

8. An important role for women raise good, virtuous citizens.[“Republican Womanhood”].

Enlightenment

Thinking

Enlightenment

Thinking

What does A VirtuousRepublic provide

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""The fabric of American empiThe fabric of American empire ought to rest re ought to rest on on the solid basis of the solid basis of THE CONSTHE CONSENT OF THE ENT OF THE PEOPLE.PEOPLE. The streams of nati The streams of national power onal power ought ought to flow from that pure, origito flow from that pure, original nal fountain of fountain of all legitimate authority."all legitimate authority."

----Alexander Hamilton, Alexander Hamilton, FederaFederalist No. 22list No. 22, 14 , 14 December 1787December 1787

""The fabric of American empiThe fabric of American empire ought to rest re ought to rest on on the solid basis of the solid basis of THE CONSTHE CONSENT OF THE ENT OF THE PEOPLE.PEOPLE. The streams of nati The streams of national power onal power ought ought to flow from that pure, origito flow from that pure, original nal fountain of fountain of all legitimate authority."all legitimate authority."

----Alexander Hamilton, Alexander Hamilton, FederaFederalist No. 22list No. 22, 14 , 14 December 1787December 1787

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.

Alexander Hamilton

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Electing A President 1992—taking it to the people!

• “The traditional way to achieve and wield power in America is to tame or charm or capture these institutions. Perot's genius was to realize that for the first time in history, technology makes it possible to bypass them. Win or lose, knowing or not, Perot is the harbinger of a new era of direct democracy.” Time 1992Read more: http://www.time.com/time/magazine/article/0,9171,975992,00.html#ixzz0X1frd2SM

And as for Congress, Perot promises to bypass it and go directly to the American people in the "electronic town hall" -- Nightline with President Perot playing Ted Koppel. It is here, says Perot, that the American people will, “in direct communion with the leader, solve those knotty problems that have eluded a clumsy, corrupt Congress.” TIME Monday, Jul. 13, 1992 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

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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?

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John Adams, signer of the Declaration of Independence and

later president, wrote in 1776 this on enfranchising more Americans: • “Depend upon it, Sir, 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. “

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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 that extent, as radical as I think people try to 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

Assuming this is true--why would this be this way?

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The Constitution as a “Living Document”

• Carefully consider the following:• How “alive” is it? (how changeable, bendable,…how

plastic how streeeeeeeeeeeeeeeetchable is it?)

• What did the Framers intend?Originalists vs. loose interpreters

• What are “negative rights”?– What would be considered a

positive right?And now for something completely different……

Why the Articles couldn’t govern-then your chapter notes……

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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

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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.

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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.

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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 members of the Congress what steps should be taken. His response indicates his faith in the people and their knowledge of the political currents of the time.

“…Although opposition to independence was still firm, many members of Congress began to hear me with more patience. Some began to ask me civil questions.

“How can the people institute governments?’ My answer was , ‘By conventions of representatives, freely, fairly, and proportionably chosen.’…”

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Notes Chapter 7, Section 1

• 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.

J ohn Hanson (1715 - 1783) - Served from November 5, 1781 until November 3, 1782, first President of the United Statesunder the Articles of Confederation

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• 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.

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• 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.

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Why did the Confederation Congress have limited authority?

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.

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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.

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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.

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– 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.

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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

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How did the Ordinances of 1784 and 1785 and the Northwest Ordinance of 1787 open the way for settlement of the Northwest Territory?

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.

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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.

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• 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.

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• 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 ship ping on the Mississippi. .

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What do you think George Washington meant when he described the government by the words "little more than the shadow without the substance"?

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.

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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.

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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.

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• 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)

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• 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.

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II. A Call for Change (Page 201)

• Political leaders were divided on the issue of 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.

George Washington warned in 1786 : "There are combustibles in every state which a spark might set fire to."

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Who were the Framers of the Constitution? 6:57

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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 Randolph, and James Madison, who became known as "Father of the 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

Thomas Jefferson in Paris wrote to John Adams in London concerning the Constitutional convention’s members:

"It really is an assembly of demi-gods."

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• 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.

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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

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• 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.

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• 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.

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• At the close of the Constitutional Convention in Philadelphia, Benjamin Franklin was asked if the delegates had formed a republic or a monarchy.

•"A republic," he responded, "if you can keep it."

Benjamin Franklin "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, however, "because I expect no better and because I am not sure that it is not the best."

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Did you Know?• The first Supreme C

ourt of the United States had six members. Chisholm v. Georgia (1793) First case/first court 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 over 100 associate justices.

The Old Senate Chamber, located in the Capitol

The Court lacked its own building until 1935; from 1791 to 1801, it met in Philadelphia's City Hall.

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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.

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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

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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 chart Concurrent 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.

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Here’s where I draw a diagram explaining federalism!

And also separation of powers!

Federalism: the distribution of power in an organization (as a government) between a central authority and the constituent units

Types of Govt. PowersInherent Powers: are those powers

that a sovereign state holds Denied Powers: those prohibited

Concurrent powers are powers shared by the national government, and the state governments. This is part of how power is shared in a Federalist way of government. It was proposed by the framers of the constitution. Examples: collect taxes , make and enforce laws establish and maintain courts…

Delegated Powers, also called the Enumerated Powers, are

the powers (given) of Congress established in section eight of Article I of the US Constitution. There are nineteen such powers. [1]

Reserved powers, under the Tenth Amendment to the United States Constitution, powers that the United States Constitution does not give to the federal government, or forbid to the states, are

reserved (kept) to the states or the people

Implied powers: those powers authorized by a the Constitution which, while not stated, but that seemed to be implied by powers expressly stated. Article One, section 8, clause 18:“The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

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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.

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Why do you think the framers created a federal system with shared powers?

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.

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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

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Presidential race resultsClick 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

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• 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

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• The president appoints Supreme Court justices, but the Senate checks by approving the appointments.

• The Constitution created a nation in which the people could choose their officials and the officials answered to the people, not the states.

“ We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,[1] 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.

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IV. The Constitutional Debate (Pages 211-212)

• Before the Constitution could go into effect, 9 of the 13 states had to ratify it. A great debate took place, with Americans discussing arguments for and against the Constitution.

• Federalists supported the Constitution. George Washington, Ben Franklin, James Madison, Alexander Hamilton, and John Jay supported the Constitution. Madison, Hamilton, and Jay wrote the Federalist Papers, complete text a collection of essays explaining and defending the Constitution.

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” James Madison Federalist #51

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Run Time: [03:19] Political leaders divided into two groups during the constitutional ratification period--Federalists and Anti-federalists. Contrast the two viewpoints and discover how the press was used to influence public opinion. Trace the origin of the Bill of Rights

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• 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..

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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

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• 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)

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• 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

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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.

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Discussion QuestionMore 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 self-government to work?

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 “new guy on the historic block.”