the constitution. the articles of confederation 1st national government of america 1st national...

The ConstitutionThe Constitution

The Articles of ConfederationThe Articles of Confederation

1st national government 1st national government of Americaof America

confederation= loose confederation= loose association of statesassociation of states

confederation = a group confederation = a group of people who ban of people who ban together for a common together for a common purposepurpose

The Articles of ConfederationThe Articles of Confederationcont’dcont’d

Unicameral Unicameral legislaturelegislature

One vote per One vote per statestate

No taxationNo taxation

Weaknesses of the Articles of Weaknesses of the Articles of ConfederationConfederation

1)1) No power to collect taxesNo power to collect taxes

2)2) No power to regulate tradeNo power to regulate trade

3)3) No power to enforce lawsNo power to enforce laws

4)4) No single leader (president) or group to direct No single leader (president) or group to direct the governmentthe government

5)5) No national court system (Supreme court)No national court system (Supreme court)

6)6) Could not pass laws without the approval of 9 Could not pass laws without the approval of 9 states (3/4ths)states (3/4ths)

7)7) Could not change the articles unless Could not change the articles unless ALLALL states agreedstates agreed

Achievements of the Achievements of the Articles of ConfederationArticles of Confederation

The greatest achievement = Northwest The greatest achievement = Northwest Ordinance of 1787Ordinance of 1787 Set the rules for new territories to become Set the rules for new territories to become

statestate

Shays’s RebellionShays’s Rebellion Unable to collect taxes, the Unable to collect taxes, the

national government had large national government had large debtsdebts

State governments were also in State governments were also in large debt large debt

This led to high taxes in all the This led to high taxes in all the statesstates

Daniel Shays led a uprising in Daniel Shays led a uprising in Massachusetts to protest these Massachusetts to protest these problemsproblems

Shays and 1,200 farmers Shays and 1,200 farmers stormed a federal arsenal in stormed a federal arsenal in protest of high taxesprotest of high taxes

The state government put The state government put down the rebellion– federal down the rebellion– federal help… no army existedhelp… no army existed

The Constitutional ConventionThe Constitutional Convention Shays’ Rebellion revealed Articles were Shays’ Rebellion revealed Articles were

not workingnot working Needed a stronger national governmentNeeded a stronger national government Each state sent delegates to Each state sent delegates to

Philadelphia…except Rhode Island Philadelphia…except Rhode Island

Delegates at the ConventionDelegates at the Convention

Well educatedWell educated White/malesWhite/males Young, under 40Young, under 40 Great political experienceGreat political experience Upper classUpper class Key people: Ben Franklin, George Key people: Ben Franklin, George

Washington, James MadisonWashington, James Madison Missing: Thomas Jefferson, John Adams, Missing: Thomas Jefferson, John Adams,

and Patrick Henryand Patrick Henry

Delegates at the ConventionDelegates at the Convention Eight had signed the Eight had signed the

Declaration of Declaration of IndependenceIndependence

44 had been members of 44 had been members of he Continental Congresshe Continental Congress

All most all had taken part All most all had taken part in the Revolution, at least in the Revolution, at least 29 were in the military29 were in the military

George Washington and George Washington and James Madison were James Madison were delegates who would delegates who would become Presidentbecome President

Key DecisionsKey Decisions

1)1) Washington will preside over Washington will preside over conventionconvention

2)2) Must be delegates from at least 7 Must be delegates from at least 7 states to conduct workstates to conduct work

3)3) All decisions decided by majority voteAll decisions decided by majority vote

4)4) All states get 1 vote no matter what All states get 1 vote no matter what sizesize

5)5) All decisions will be kept in secret until All decisions will be kept in secret until final document was donefinal document was done

6)6) The Articles needed to be replacedThe Articles needed to be replaced

Plans for new Gov’t

NEW JERSEYPLAN

VIRGINIAPLAN

CONNECTICUTPLAN

Aka Great Compromise

Plans for the New GovernmentPlans for the New Government

The Virginia PlanThe Virginia Plan James MadisonJames Madison Called for three branches of Called for three branches of

governmentgovernment Legislative Branch-makes lawsLegislative Branch-makes laws Executive Branch-enforces lawsExecutive Branch-enforces laws Judicial Branch-interprets lawsJudicial Branch-interprets laws

Bicameral legislature (2 houses) Bicameral legislature (2 houses) Representation based on populationRepresentation based on population

Plans for the New GovernmentPlans for the New Government

The New Jersey PlanThe New Jersey Plan William Paterson William Paterson 3 branches of government3 branches of government unicameral legislatureunicameral legislature Representation was to be equalRepresentation was to be equal

The Connecticut Plan –or- The Connecticut Plan –or-

Great CompromiseGreat Compromise Robert ShermanRobert Sherman 3 branches of government 3 branches of government

PresidentPresident Supreme CourtSupreme Court Bicameral Congress Bicameral Congress

House of Representatives-based on House of Representatives-based on populationpopulation

Senate-based on equal representation (2 Senate-based on equal representation (2 from each state)from each state)

3/5ths Compromise3/5ths Compromise South wanted slaves to South wanted slaves to

be factored into be factored into population count to boost population count to boost representationrepresentation

North was opposedNorth was opposed Both sides agreed that 3 Both sides agreed that 3

out of every 5 slaves out of every 5 slaves would be counted for would be counted for population numbers for population numbers for representationrepresentation

Also agreed that 3 out of Also agreed that 3 out of every 5 would count for every 5 would count for tax purposestax purposes

Trade QuestionsTrade Questions

Northern ViewpointNorthern Viewpoint Wanted congress to regulate both foreign Wanted congress to regulate both foreign

and domestic tradeand domestic trade Felt Congress should have the right to tax Felt Congress should have the right to tax

exports if necessaryexports if necessarySouthern ViewpointSouthern Viewpoint Depended heavily on exports and could Depended heavily on exports and could

not afford to have them taxednot afford to have them taxed Feared that the north could stop the slave Feared that the north could stop the slave

trade if it could tax importstrade if it could tax imports

Slave Trade CompromiseSlave Trade Compromise

Allowed Congress to control interstate tradeAllowed Congress to control interstate trade Congress could tax importsCongress could tax imports Congress could not tax exportsCongress could not tax exports Slave trade protected until 1808Slave trade protected until 1808

How to pick a President?How to pick a President?

Viewpoint 1Viewpoint 1 Congress should pick the Congress should pick the

PresidentPresident Did not trust the common Did not trust the common

people to make a good choicepeople to make a good choice Felt people would be easily Felt people would be easily

influenced by money and influenced by money and advertisingadvertising

Felt that the nation was to big Felt that the nation was to big to campaign effectivelyto campaign effectively

How to pick a President?How to pick a President?

Viewpoint 2Viewpoint 2 People should chose a PresidentPeople should chose a President We are a democracyWe are a democracy If we don’t like the President, we If we don’t like the President, we

vote him outvote him out

Electoral CollegeElectoral College

Indirect method of democracyIndirect method of democracy State legislatures chose people called State legislatures chose people called

electors electors to pick a Presidentto pick a President

All electors make up the All electors make up the Electoral Electoral CollegeCollege

Each state had 1 elector for Each state had 1 elector for each member it had in Congresseach member it had in Congress All or nothing systemAll or nothing system

Battle for RatificationBattle for RatificationFederalistsFederalists America was divided on the America was divided on the

new Constitutionnew Constitution Those who supported it were Those who supported it were

called called federalistsfederalists To win support for the To win support for the

Constitution, Alexander Constitution, Alexander Hamilton, John Jay, and James Hamilton, John Jay, and James Madison wrote a series of Madison wrote a series of essays called the essays called the Federalists Federalists PapersPapers

These papers explained the These papers explained the thought process behind the thought process behind the ConstitutionConstitution

These are our only true These are our only true records of the intentions of records of the intentions of the Founding Fathersthe Founding Fathers

Battle for RatificationBattle for Ratification

Anti-FederalistsAnti-Federalists Opposed the ConstitutionOpposed the Constitution Famous Anti-federalistsFamous Anti-federalists

Thomas JeffersonThomas Jefferson Patrick HenryPatrick Henry

Felt that it gave too much Felt that it gave too much power to the federal power to the federal governmentgovernment

Were also upset that the Were also upset that the Constitution lacked a Bill of Constitution lacked a Bill of Rights Rights

Ratification of the ConstitutionRatification of the ConstitutionReaching AgreementReaching Agreement The federalists realized that a The federalists realized that a Bill of RightsBill of Rights was a good idea was a good idea The federalists promised that if the new constitution was The federalists promised that if the new constitution was

adopted, the first thing they would do was add a Bill of Rightsadopted, the first thing they would do was add a Bill of Rights According to another compromise, once 9 states ratified the According to another compromise, once 9 states ratified the

new constitution, it would go into affectnew constitution, it would go into affect With this promise in mind, New Hampshire ratified the new With this promise in mind, New Hampshire ratified the new

Constitution, the ninth state to do soConstitution, the ninth state to do so North Carolina did not ratify the Constitution for another year, North Carolina did not ratify the Constitution for another year,

only Rhode Island had not ratified at that pointonly Rhode Island had not ratified at that point

Structure of the ConstitutionStructure of the Constitution

The Constitution has three parts:The Constitution has three parts:1)1) Preamble = the introductionPreamble = the introduction

2)2) Articles = the body of the ConstitutionArticles = the body of the Constitution

3)3) Amendments = changes made to the Amendments = changes made to the ConstitutionConstitution

The PreambleThe Preamble The opening statement to the The opening statement to the

ConstitutionConstitution

The PreambleThe PreambleStates the States the purposespurposes of the Constitution: of the Constitution:

1) “To form a more perfect union” 1) “To form a more perfect union” -to unite the 13 states into one strong government-to unite the 13 states into one strong government

2) “Establish justice”2) “Establish justice”-create a system of fair laws with a national court -create a system of fair laws with a national court system to treat all equallysystem to treat all equally

3) “Insure domestic tranquility”3) “Insure domestic tranquility”-maintain peace and order and to protect our property-maintain peace and order and to protect our property

4) “Common defense”4) “Common defense”-To protect the country from attack-To protect the country from attack

5) “Promote the general welfare”5) “Promote the general welfare”-to help people live healthy, happy, prosperous lives-to help people live healthy, happy, prosperous lives

6) “Secure the blessing of liberty to ourselves and our 6) “Secure the blessing of liberty to ourselves and our Posterity”Posterity”-To guarantee that these rights continue on to all future -To guarantee that these rights continue on to all future generationsgenerations

The ArticlesThe Articles Article I-establishes the Article I-establishes the LegislativeLegislative branch branch

(Congress)(Congress) Article II-establishes the Article II-establishes the ExecutiveExecutive branch branch

(President)(President) Article III-establishes the Article III-establishes the JudicialJudicial branch branch

(Supreme Court)(Supreme Court)

The ArticlesThe Articles Article IVArticle IV -states must respect the laws of -states must respect the laws of

other states and establishes how new other states and establishes how new states will be created states will be created

Article VArticle V -establishes the Amendment -establishes the Amendment processprocess

Article VIArticle VI -The “supremacy clause”, the -The “supremacy clause”, the national government is the supreme law of national government is the supreme law of the land, above the state and local the land, above the state and local governments. If there is a conflict, the governments. If there is a conflict, the national law must be followednational law must be followed

Article VIIArticle VII -states that the Constitution will -states that the Constitution will go into affect when 9 out 13 states ratify itgo into affect when 9 out 13 states ratify it

Article IVArticle IV -states must respect the laws of -states must respect the laws of other states and establishes how new other states and establishes how new states will be created states will be created

Article VArticle V -establishes the Amendment -establishes the Amendment processprocess

Article VIArticle VI -The “supremacy clause”, the -The “supremacy clause”, the national government is the supreme law of national government is the supreme law of the land, above the state and local the land, above the state and local governments. If there is a conflict, the governments. If there is a conflict, the national law must be followednational law must be followed

Article VIIArticle VII -states that the Constitution -states that the Constitution will go into affect when 9 out 13 states will go into affect when 9 out 13 states ratify itratify it

The Amendment ProcessThe Amendment Process

Keeps the Constitution a “living” Keeps the Constitution a “living” documentdocument

The process made difficult so that The process made difficult so that Amendments could not be passed Amendments could not be passed without a great deal of thought and without a great deal of thought and reflectionreflection

There are 2 steps: There are 2 steps: ProposalProposal RatificationRatification

The Amendment ProcessThe Amendment Process

Interpreting the ConstitutionInterpreting the Constitution

The Necessary and Proper Clause (Elastic clause)The Necessary and Proper Clause (Elastic clause) Allows Congress to pass laws on topics not specifically Allows Congress to pass laws on topics not specifically

mentioned in the Constitutionmentioned in the Constitution Aka Aka implied powersimplied powers 3 ways to interpret the Constitution:3 ways to interpret the Constitution:1)1) LooseLoose-Congress may make any laws that are not -Congress may make any laws that are not

forbidden by the Constitutionforbidden by the Constitution2)2) StrictStrict-Congress may only make laws on issues that are -Congress may only make laws on issues that are

specifically mentioned in the Constitutionspecifically mentioned in the Constitution3)3) Founding Fathers-Founding Fathers- What would the founding fathers do What would the founding fathers do

in this situation?in this situation?


Through the CourtsThrough the Courts:: Supreme Court has the ultimate authority to Supreme Court has the ultimate authority to

decide what the Constitution meansdecide what the Constitution means Each decision changes the way that we interpret Each decision changes the way that we interpret

the Constitutionthe Constitution Supreme Court listens to public opinion on issues Supreme Court listens to public opinion on issues

when making decisionswhen making decisions Ex: Ex: Plessy v. FergussonPlessy v. Fergusson and and Brown v. Board ofBrown v. Board of

Education of Topeka KansasEducation of Topeka Kansas

Interpreting the ConstitutionInterpreting the Constitution∆ ∆ Congressional & Presidential ActionsCongressional & Presidential Actions Each law passed by Congress is another example Each law passed by Congress is another example

of how Congress interprets the meaning of the of how Congress interprets the meaning of the Constitution ex: Civil rights lawsConstitution ex: Civil rights laws

Presidents set precedents when the make key Presidents set precedents when the make key decisions ex: Tyler taking over the Presidency decisions ex: Tyler taking over the Presidency when William Henry Harrison diedwhen William Henry Harrison died


∆∆ Customs & TraditionsCustoms & Traditions Sometimes, traditions that have lasted over time Sometimes, traditions that have lasted over time

become part of the Constitution even though they become part of the Constitution even though they are not mentioned in the Constitutionare not mentioned in the Constitution

Ex: Political partiesEx: Political parties Ex: Presidential cabinetEx: Presidential cabinet

Principles of the ConstitutionPrinciples of the Constitution

Popular SovereigntyPopular Sovereignty The government should be a republic The government should be a republic

(a government that is created and (a government that is created and run by the people)run by the people)

Supreme power rests with the peopleSupreme power rests with the people People are able to vote on issues and People are able to vote on issues and

leadersleaders


Rule of LawRule of Law Governments must have limitsGovernments must have limits Law applies to everyone, even the Law applies to everyone, even the

leadersleaders


Separation of PowersSeparation of Powers Divides the powers of Divides the powers of

government into 3 partsgovernment into 3 parts Prevents any one branch from Prevents any one branch from

becoming to powerfulbecoming to powerful Protects our rights and Protects our rights and

freedomsfreedoms


Checks and BalancesChecks and Balances Each branch of government watches the Each branch of government watches the

otherother No one branch of the government can No one branch of the government can

become too powerfulbecome too powerful Ex: Congress passes laws, the President Ex: Congress passes laws, the President

must sign the law into effect, and the must sign the law into effect, and the Supreme Court may rule a law Supreme Court may rule a law unconstitutionalunconstitutional

Ex: Impeachment processEx: Impeachment process


FederalismFederalism Divides the powers of government between Divides the powers of government between

the national and state governmentsthe national and state governments Enumerated powers = national governmentEnumerated powers = national government Reserved powers = statesReserved powers = states Concurrent powers = sharedConcurrent powers = shared The Supremacy Clause states that if there The Supremacy Clause states that if there

is ever a conflict between a state and is ever a conflict between a state and federal law, we follow the national lawfederal law, we follow the national law

the constitution. the articles of confederation 1st national government of america 1st national...

Documents

donethe articles

new territories

states agreedachievements

rebellion federal

tradeno power

taxesno power

group of people

lawsexecutive branch