Do-Now

Amendments Review

Thursday, December 10Thursday, December 10

AgendaAgenda Do-NowDo-Now Homework checkHomework check Notes & discussion on the Notes & discussion on the creation of the U.S. creation of the U.S. ConstitutionConstitution

HomeworkHomeworkPrepare for tomorrow’s Prepare for tomorrow’s Constitution gameConstitution game

BRING YOUR BOOKS TO CLASS TOMORROW!!!

5. The 3rd Amdmt says that there shall be no quartering of _________ in homes during peace.

6. The 6th Amdmt says that if you are accused of a crime, you have a right to a Trial ____ _________.

7. Which Amendment says that there shall be “No cruel and unusual punishment”? ____

8. The 10th Amendment says that rights not given to the Federal Government belong to the ___________ and the _____________.

AMENDMENTS 11-279. The 13th Amendment Freed the ____________.10. The 14th Amendment gave _________________

to Freedmen (former slaves).11. The 15th Amendment gave Freedmen the

Right to __________.12. The 16th Amendment made the ____________

______ constitutional.13. The 18th Amendment made _____________

illegal.14. Which Amendment repealed the 18th

Amendment? ____15. The 22nd Amendment limits the President to

_____ terms.16. Which gave Women the Right to Vote? ____17. Which Amendment said that there would be

No Poll Tax (Tax on Voting)? ____18. The 26th Amendment gave 18 year olds the

Right to __________.

THE BILL OF RIGHTS1. Which says that you cannot be forced to testify

against yourself? _________

2. The ____ Amendment guarantees Freedom of Religion, Speech, the Press, the Right of Assembly, and the Right to Petition the Government.

3. The 2nd Amendment guarantees the Right to ________ _______.

4. The ____ Amendment protects us from illegal search and seizure.

Creating the U.S. Creating the U.S. ConstitutionConstitution

Constitution & Bill of Rights TimelineConstitution & Bill of Rights TimelineApproximate Date & EventApproximate Date & Event

17811781    Articles of Confederation ratified Articles of Confederation ratified 1783 1783  Treaty of Paris officially ended Revolutionary WarTreaty of Paris officially ended Revolutionary War17831783 Land Ordinance of 1784, (followed 1785 and 1787) provided Land Ordinance of 1784, (followed 1785 and 1787) provided

for the orderly settlement of territories, civil rights, and for the orderly settlement of territories, civil rights, and statehood process.statehood process.

1787 1787  Shays’ Rebellion in Massachusetts; Shays’ Rebellion in Massachusetts; Constitutional Convention in PhiladelphiaConstitutional Convention in Philadelphia1788 1788  Constitution ratified by eleventh stateConstitution ratified by eleventh state1789 1789  First national elections; George Washington elected President First national elections; George Washington elected President 1791 1791  Bill of Rights adoptedBill of Rights adopted

REVIEWREVIEW: : What effect did What effect did Shays’ Rebellion Shays’ Rebellion

have on the have on the Constitution?Constitution?

REVIEWREVIEW:: What main issues divided the What main issues divided the Constitutional Convention?Constitutional Convention?

ISSUEISSUE ARGUMENTSARGUMENTS1.1. Articles of Articles of - - Revise or replace?Revise or replace?ConfederationConfederation2.2. Representation Representation - - By population? By population?

Equal by state? Equal by state?

3.3. Type of Gov’t Type of Gov’t - - Democracy? Republic?Democracy? Republic?

4.4. Division of power Division of power - - Federalist vs. Anti-Federalist vs. Anti-FederalistFederalist

5.5. Slavery Slavery - Legal? Prohibited? - Legal? Prohibited? Census?Census?

REVIEWREVIEW: : Virginia Plan v. New Jersey PlanVirginia Plan v. New Jersey Plan

PLAN PLAN Virginia Virginia

PlanPlanNew New

Jersey Jersey PlanPlan

# of houses in # of houses in legislaturelegislature

22bicameralbicameral

11unicameralunicameral

22bicameralbicameral

How is How is representation representation determineddetermined

State State populationpopulation

OROR

financial financial supportsupport given to given to

the central the central governmentgovernment

Equal Equal representation representation for each statefor each state

Upper houseUpper house: all : all states get equal states get equal representation;representation;

Lower houseLower house: : rep by state rep by state populationpopulation

How are How are representativerepresentatives chosens chosen

Lower houseLower house: : elected by pop. elected by pop.

vote vote

Upper houseUpper house: : state legislatures state legislatures nominate, then nominate, then

lower house voteslower house votes

Elected by state Elected by state legislatureslegislatures

Lower houseLower house: : Elected by pop. Elected by pop. vote in states;vote in states;

Upper houseUpper house::

Representatives Representatives chosen by state chosen by state

legislatureslegislatures

What was the Great (Connecticut) What was the Great (Connecticut) Compromise?Compromise?

Without compromise, you have Without compromise, you have conflict!conflict!

Roger Sherman, CTRoger Sherman, CT

Blend of NJ and VA plansBlend of NJ and VA plans– Bi-cameral (2 chamber) legislatureBi-cameral (2 chamber) legislature– Chief executive (president) will be chosen by an Chief executive (president) will be chosen by an

electoral collegeelectoral college instead of direct election instead of direct election

Made possible a strong central govt Made possible a strong central govt – Checks and balancesChecks and balances

Why didn’t the Articles of Confederation Why didn’t the Articles of Confederation include an executive or a judicial branch?include an executive or a judicial branch?

Feared strong central government / monarchyFeared strong central government / monarchy- Solution: One branch (legislative) with limited powers- Solution: One branch (legislative) with limited powers- Sovereign states connected by a “rope of sand”- Sovereign states connected by a “rope of sand”

More power to enforce laws!More power to enforce laws!

Also Also CHECKSCHECKS & & BALANCESBALANCES!!

Each branch has powers assigned which limit, or Each branch has powers assigned which limit, or

checkcheck the powers of another, creating a system the powers of another, creating a system of of balancebalance where none can become too powerful where none can become too powerful

What was gained by changing to a 3-branch What was gained by changing to a 3-branch system of government?system of government?

Introduction to Checks and Introduction to Checks and BalancesBalances

in Federal Governmentin Federal GovernmentThe concept of checking and balancing The concept of checking and balancing powerpower

LEGISLATIVE BRANCH

The Capitol Building

EXECUTIVE BRANCH

The White house

JUDICIAL BRANCH

The Supreme Court Building

– President can veto laws President can veto laws passed by the Congresspassed by the Congress

– President proposes laws to President proposes laws to Congress Congress

– President submits the President submits the Federal Budget to the Federal Budget to the House of Reps. for House of Reps. for approvalapproval

– President appoints federal President appoints federal officials, who carry out officials, who carry out and enforce lawsand enforce laws

Executive Branch Checks the Executive Branch Checks the Legislative BranchLegislative Branch

Executive Branch Checks the Executive Branch Checks the Judicial BranchJudicial Branch

– Nominates judges to the Nominates judges to the Supreme Court Supreme Court

– Nominates judges to the Nominates judges to the federal court system federal court system

– President has the power President has the power to pardon individuals to pardon individuals convicted of crimes convicted of crimes

– President can grant President can grant amnesty, forgiving a class amnesty, forgiving a class of crime of crime

Legislative Branch Checks on Legislative Branch Checks on the Executive Branchthe Executive Branch

– Congress can overturn a Congress can overturn a Presidential veto with a 2/3 Presidential veto with a 2/3 vote of both houses vote of both houses

– Senate can reject proposed Senate can reject proposed treaties (2/3 vote to treaties (2/3 vote to approve) approve)

– Senate can reject Senate can reject presidential nominations of presidential nominations of federal officials or judges federal officials or judges

– Congress can impeach and Congress can impeach and remove the President (House remove the President (House serves as prosecution, serves as prosecution, Senate serves as jury) Senate serves as jury)

Legislative Branch Checks on Legislative Branch Checks on the Judicial Branchthe Judicial Branch

– Congress can create Congress can create lower courts lower courts

– Senate can reject Senate can reject nominees to the nominees to the federal federal courts/Supreme Court courts/Supreme Court

– Congress can amend Congress can amend the Constitution to the Constitution to overturn decisions of overturn decisions of the Supreme Court the Supreme Court

– Congress can impeach Congress can impeach judges and remove judges and remove from the benchfrom the bench

Judicial Branch Checks on the Judicial Branch Checks on the Executive BranchExecutive Branch

– Supreme Court can Supreme Court can use the power of use the power of judicial review to judicial review to rule laws rule laws unconstitutional unconstitutional

Coming Soon!!!Coming Soon!!! Marbury v. MadisonMarbury v. Madison

Judicial Branch Checks on the Judicial Branch Checks on the Legislative BranchLegislative Branch

– Supreme Court can Supreme Court can use the power of use the power of judicial review to rule judicial review to rule presidential actions presidential actions unconstitutional unconstitutional

– Supreme Court can Supreme Court can use the power of use the power of judicial review to rule judicial review to rule treaties treaties unconstitutionalunconstitutional

So what’s the So what’s the point!?!?point!?!?

Why take all the trouble to create a Why take all the trouble to create a complex system of “checks and complex system of “checks and balances”?balances”?

Did the Articles of Confederation have Did the Articles of Confederation have anyany success success at at allall??

Yes! Yes! Northwest Ordinance Northwest Ordinance

– An effective system for est. statehood from An effective system for est. statehood from new territories new territories

What caused the delegates to question their What caused the delegates to question their new government and even their new new government and even their new

independence?independence? Disagreements over governmentDisagreements over government

– Anti-federalists v. FederalistsAnti-federalists v. Federalists Rebellions like Shays’Rebellions like Shays’

– Anarchy without a king!Anarchy without a king!– Failures of the Articles of ConfederationFailures of the Articles of Confederation– Not enough federal powers over the people!Not enough federal powers over the people!

REVIEWREVIEW:: What was the Constitutional What was the Constitutional Convention?Convention?

Meeting in Philadelphia, Independence Meeting in Philadelphia, Independence Hall to address problems with the A. of Hall to address problems with the A. of C.C.

Took <4 months to writeTook <4 months to write– document in effect now for >200 yrs document in effect now for >200 yrs

What does What does “E Pluribus Unum”“E Pluribus Unum” mean? mean?

Latin for “Out of Many, One”Latin for “Out of Many, One” Purpose of a federal system of Purpose of a federal system of

government government – like the one described in the Constitution!like the one described in the Constitution!

The Seal of the United StatesThe Seal of the United States

Why was James Madison the “Father of the Why was James Madison the “Father of the Constitution”?Constitution”?

James MadisonJames Madison– Quiet, educated VA manQuiet, educated VA man– History, government, philosophy, etc.History, government, philosophy, etc.– First to the conventionFirst to the convention– 3 months early carrying “blueprint”3 months early carrying “blueprint”– Est. gov’t to promote the good Est. gov’t to promote the good

and restrict the bad in peopleand restrict the bad in people

What Purpose is stated in the preamble?What Purpose is stated in the preamble?

Form a union to establish justice, peace, and Form a union to establish justice, peace, and protection protection

Promote the liberty and welfare of its citizensPromote the liberty and welfare of its citizens

Agreements to be made…Agreements to be made…

The Great CompromiseThe Great Compromise– How will the power be divided!?How will the power be divided!?

The Three-Fifths CompromiseThe Three-Fifths Compromise– How will we determine representation!?How will we determine representation!?

The United States The United States ConstitutionConstitution

September 17, 1787 – September 17, 1787 –

The convention approved the final draftThe convention approved the final draft

Goals set in the preambleGoals set in the preamble::

We the people of the United States of America, in order to We the people of the United States of America, in order to form a more perfect Union, establish Justice, insure domestic form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the Tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.Constitution for the United States of America.

The story of American The story of American FEDERALISMFEDERALISM

REVIEWREVIEW: : After the failure of the Articles of After the failure of the Articles of Confederation delegates met at the Constitutional Confederation delegates met at the Constitutional Convention to revise the articles. Instead they Convention to revise the articles. Instead they rewrote the entire government. rewrote the entire government.

Needed to strengthen the national government. Needed to strengthen the national government. – This was not without debate. This was not without debate.

Most recognized the need to strengthen the national Most recognized the need to strengthen the national government, but the question was how and how government, but the question was how and how much? much? – Many feared that a strong central government would abuse Many feared that a strong central government would abuse

it's powers as the King in England did. it's powers as the King in England did. – Others felt the government needed to be strong in order to Others felt the government needed to be strong in order to

run the nation efficiently. run the nation efficiently.

In the end they developed a balanced system called In the end they developed a balanced system called Federalism.Federalism.

The Delegates Create a Federal The Delegates Create a Federal GovernmentGovernment

FederalismFederalism

1.1. A system of government that creates a A system of government that creates a central central government and local state government and local state governmentsgovernments

2. 2. The powers of the national and state The powers of the national and state governments governments are divided and balancedare divided and balanced

FederalistsFederalists - James Madison, Alexander Hamilton, John Jay - James Madison, Alexander Hamilton, John Jay - Favored ratification of constitution- Favored ratification of constitution- - Wanted strong but balanced federal govtWanted strong but balanced federal govt..- Printed a series of articles in New York supporting ratification - Printed a series of articles in New York supporting ratification of the new Constitution that became known as the of the new Constitution that became known as the Federalist papers.

Anti-federalistsAnti-federalists - Patrick Henry and Sam Adams, Thomas Jefferson- Patrick Henry and Sam Adams, Thomas Jefferson

- Feared strong central govt.- Feared strong central govt.- - Supported states rightsSupported states rights- Proof was - Proof was lack of Bill of Rightslack of Bill of Rights

Federalists won but had to promise a Bill of Federalists won but had to promise a Bill of Rights would be their first order of business.Rights would be their first order of business.

How did the Federalist and Anti-Federalists How did the Federalist and Anti-Federalists differ in their opinions?differ in their opinions?

How the Powers are Divided How the Powers are Divided

Delegated Delegated PowersPowers

National / FederalNational / Federal

Reserved Reserved Powers Powers

StateState

ConcurrentConcurrent

PowersPowersSharedShared

Declare warDeclare war

Establish peaceEstablish peace

Weights & Weights & measuresmeasures

Negotiate treaties Negotiate treaties

Immigration Immigration /Naturalization/Naturalization

Establish Post Establish Post OfficesOffices

Interstate Interstate Commerce Commerce

Schooling / Schooling / EducationEducation

License License professionalsprofessionals

Charter businesses Charter businesses

Marriage/Divorce Marriage/Divorce lawslaws

Regulate intrastate Regulate intrastate tradetrade

Health and safetyHealth and safety

Punish Punish lawbreakers lawbreakers

TaxTax

Establish courts Establish courts

8. Representation in the House of Representatives is based on the ___________ of the state.

9. The head of the House of Representatives is the ___________________.

10. Senators must be at least ____ years old, ____ years a U.S. Citizen, and live in the _________ from which they are elected.

11. Senators serve a ____ year term. 12. The Senate has ________ representation.

(____Senators from each State.) 13. The head of the Senate is the _____________. 14. The Executive Branch ____________ laws. 15. Presidents must be > ____ years old, a ________

U.S. Citizen, and have lived in the U.S. ____ years.

16. The President serves a ____ year term, and after the 22nd Amendment, he can serve no more than ____ terms.

17. The Judicial Branch ____________ laws. 18. Judges serve for __________ (how long?). 19. Powers given to the Federal Government are

called ____________ powers. 20. Powers kept for the States are called

___________ powers. 21. Powers that are shared by both the Federal &

State Governments are called _______________ powers.

22. Amendments are proposed by _____________ and approved by ______________.

23. Article VI of the Constitution says the Constitution is the ______________________ (Higher than any law or person).

24. The Constitution was adopted when ____ of the 13 states approved it.

24. There have been ____ Amendments to the Constitution and the first ten amendments are called the ___________________.

THE U.S. CONSTITUTION1. The Constitution was written in ________ (year). 2. There were ____ (number) delegates at the

Constitutional Convention. 3. The Constitution was written in ___________

(city). 4. The _________ lists the GOALS of the

Constitution.

5. The ______________ branch MAKES Laws. 6. Representatives must be at least ____ years

old, ____ years a U.S. Citizen, and Live in the ____________ from which they are elected.

7. Representatives serve a ____ year term.