Articles of Confederation Weaknesses: –1. One vote per states, regardless of size –2. Congress powerless to collect taxes –3. Congress powerless to regulate foreign and interstate commerce. –4. No executive branch to enforce acts of Congress –5. No national court system –6. Amendments only with consent of ALL states –7. A 9/13 majority needed to pass simply laws

Constitutional Convention Philadelphia, 1788 Those who attended (55) were have become known as the “Framers” of the Constituion

The Framers were: Well educated and familiar with different forms of government Relatively young—average age was 42 and nearly ½ were in their 30’s. Experienced in Politics Many fought in the Revolution

The Framers James Madison “Father of the Constitution” Alexander Hamilton George Washington— Elected President of Convention

Basic Principles Separation of Powers –The Constitution distributes the powers of the National Government among 3 branches, Example = It is the job of the Legislative Branch to make laws,

Federalism –Federalism is the division of political power among the national government and the 50 states governments. –Federalism is a compromise between strong central government and a loose confederation, such as that provided for in the Articles of Confederation. Example = Different States laws/policies Example = National government controlling military

Biggest Questions of the Convention: What type of structure should replace the confederation? How should states be represented? Who should be counted into the population? Who should head the executive branch? –PM or President, or Congress itself?

 Called for a strong National Government with 3 separate branches.  It favored large States because representation in congress would be based on state population

 Called for a weak central government and a “plural executive” chosen by Congress  It favored small States because each State was given equal representation in the legislature.  Called for a weak central government and a “plural executive” chosen by Congress  It favored small States because each State was given equal representation in the legislature.

 Congress should be composed of 2 houses.  In the smaller Senate, the States would be represented equally.  In the House, the representation would be based on population.  So important it is often called the “Great Compromise” since It was ultimately accepted by The Convention

For every 5 Slaves in a state… 3 would be counted

Battle over Passage of the Constitution On September,17, 1787, the Philadelphia Convention approved the Constitution. However, before it could replace the Articles of Confederation, it had to be ratified by 9/13 states.

Federalist v. Anti-Federalist The Federalist favored Ratification of the Constitution. –Led by James Madison, Alexander Hamilton The Anti-Federalist opposed ratification of the Constitution, because they feared a stronger central government and also b/c there was not a “Bill of Rights” –A Bill of Rights (First 10 Amendments) would later be added to the Constitution. The disagreement was the beginning of the two- party system in America.

The Federalist Papers A series of 85 published essays written by James Madison, Alexander Hamilton, and John Jay. In these papers, they argued in support of ratification of the Constitution. The Federalist Papers serve, and continue to serve, as a primary interpretation of the Constitution, as they outline the philosophy and motivation of the proposed system of government.

Federalist #51 Ambition must be made to counteract ambition. But what is government itself, but the greatest of all reflections on human nature? 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. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

 Constitution was officially ratified in June of  Elections were held shortly thereafter (Feb, 1789).  The first government began operating under our current Constitution in March,  To date, the Constitution has been in existence for nearly 223 Years!  2008 was the 55 th Presidential Election in our history and elected the 44 th President.

Preamble

The first 10 Amendments make up the Bill of Rights Amendment 1 = Freedom of: Religion Assembly Press Petition Speech/expression Bill of Rights Rap

Amendment 3 No quartering of soldiers required during time of peace –No “3 rd parties”?? Quartering means? Being forced to keep soldiers in your house.

Amendment 4 Protects people against illegal searches and seizures. Search warrants based on “probable cause” are required and need to be specific. To get a search warrant the government needs to show “probable cause.” Protection 4 You. Door = Four

Rights of the Accused Amendment 5 = Due Process (government must respect all of the legal rights of a person), No Double Jeopardy, and right to abstain from testifying against yourself, eminent domain “Plead the 5 th ” “Miranda Rights” are based off of this Amendment. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements. Do you understand these rights?

Rights of the Accused Amendment 6 = Right to a speedy trial by a jury of your peers and the right to seek advise and counsel from a lawyer 6 letters in……. S p e e d y …..and L a w y e r

6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Rights of the Accused Amendment 7 = Right to a jury trial in Civil Cases (non-criminal cases usually involving $$ compensation). –“Civil Seven” Amendment 8 = Protects citizens against cruel, unusual or excessive punishment.—death penalty? –In some ancient cannibalistic cultures, they (ATE) 8 you as a punishment….ATE is cruel….8

9 th Amendment Amendment 9 = Says that the rights listed are not comprehensive thereby protecting all basic rights of citizens even if not mentioned specifically in the Constitution. –9 turned around is a…. –b…. –basic! –b flipped is p==PRIVACY –Gonzales v. Oregon (2006) –is the right to die a basic right? The Court ruled that the Federal government could not block Oregon’s law allowing doctors to assist terminally ill patient’s die Is Privacy a basic right?

Amendment 10 = Powers reserved to the States. 10th Amendment: Says that all powers not specifically granted to the national government are reserved for the states—“RESERVED POWERS” This is an example of which basic principle of the Constitution? Federalism, remember division of powers between state and national government. 10 letters in federalism!!!! When you 10 th Amendment Think federalism—when you hear Federalism, think 10 th Amendment