Declaring Independence Question: What were the main ideas stated in the Declaration of Independence?

Three Sections Declaration of Independence, July 4th 1776 colonists’ rights— the colonists have unalienable rights actions of King George III— King George violated these unalienable rights actions of colonists— because King George violated these rights, the colonists have the right to be independent

IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen United States of America (The most famous break-up letter in history) When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness

John Adams Why was slavery such a difficult issue? What changes did Franklin make? How did Addams feel about the Declaration?

Reading: Textbook Page 53 Decoding the Declaration of Independence Reading: Textbook Page 53 A. Who was chosen to write the Declaration of Independence? B. Who were the colonists declaring their Independence from? C. Who was left out of the Declaration of Independence? D. Did slavery present a problem in the signing of the Declaration? E. What might be the consequence of signing the Declaration?

Finding Evidence of Enlightenment Find a sentence in the Declaration of Independence that Jefferson wrote that supports the idea of “natural rights” which were first argued by the English Philosopher John Locke.

“Natural Rights” in the second paragraph “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights that among these are life liberty and the pursuit of happiness”

Other evidence of Enlightenment Find a sentence that supports the idea of “consent of the governed” Find a sentence that supports the idea of “Rule of Law” and the social contract. Find a sentence that supports “limited government” Find a sentence that is anti monarch/king. Find a sentence that supports ‘due process’ and fairness in government

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Constitutional Convention: 1787 October 7, 2009

Purpose of the Constitutional Convention The goal was to revise the Articles of Confederation . It was quickly decided to replace it. Articles of Confederation Articles of Confederation

Weakness of the Articles of Confederation: 1781-1787 After the defeat of the British, America was organized into separate states: a confederacy. States had more power than the Continental Congress. There was no head of State Currency, postage, laws, tax rates were 13 different ways. “Massachusetts is my country, sir”

The Constitutional Convention begins 1787 - Philadelphia Delegates from all the states invited to a convention to improve the Articles of Confederation, which were not working Only RI didn’t attend 55 Delegates attended

Leaders of the Convention George Washington was asked to preside (lead) over the convention. James Madison kept notes of the discussions and is often called “The Father of the Constitution.” The men who wrote the Constitution are called the “Founding Fathers.” All the participants in the Convention were wealthy, white, males.

Issues that divided the Nation’s leaders Power: States vs. Federal Government Would the states or the federal government have the most power? Representation in Congress: Small vs. Large States (Population not geography) How many members of Congress would each state get? – small states wanted equal representation, large states wanted it to be determined by population of the states Slavery: How would slaves be counted? Would the slave trade continue?

# of Congressmen determined by state population Virginia Plan Proposed by Big States Bicameral (2 Houses) Based on Population Elected by the 1st house Elected by the people # of Congressmen determined by state population

The Virginia Plan Called for a new national government. Threw out the Articles of Confederation Three separate branches of government. – a legislative branch, executive branch, and judicial branch Representation in the legislative branch based on population of state Large states like the plan, small states don’t.

Supported by Smaller States New Jersey Plan Supported by Smaller States Unicameral (1 House) Each state would have the same number of Representatives or votes Based on Equality

New Jersey Plan Legislature - has one house. Each state gets one vote. Small states like the plan, the large states hate it. There would have to be a compromise.

The Great Compromise This was a combination of both plans… Bicameral Congress (2 Houses) Senate House of Representatives Each state gets 2 representatives # of reps. would depend on populations

The Great Compromise Legislature would have two houses (parts): House of Representatives and a Senate House - based on the population of state Senate - two senators per each state

Slavery The Southern states refused to approve the Constitution unless slavery continued. It was a terrible compromise to make, but the Northern states had no choice if they wanted a Constitution. 3/5 Compromise - Made each slave worth 3/5 of a person in deciding numbers in House of Representatives Congress can not ban the slave trade until 1808

Fixing the Problem of Separatism Thinking like a country required rules that all 13 states would follow. The Constitution established new rules. In 1788 Nine states, a super majority, ratified (agreed) to the new rules thus establishing “The United States of America”.

The Constitution is the supreme law of the land

The United States Constitution Quick Facts Signed into being on September 17, 1787 forming the basis for US Government. 3 Parts: Preamble—Introduction; establishes purpose of US government Articles—7 articles provide guidelines for how government will operate Amendments—27 changes to the original document make Constitution a “living document”

What Influenced the Framers? English Parliamentary Traditions The Magna Carta (1215) The English Bill of Rights (1689) Enlightenment Thinkers John Locke Natural Rights Baron de Montesquieu Separation of Powers

Preamble to the Constitution: “We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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. ” What is the stated purpose of the Constitution?

Part I: Preamble The introduction to the Constitution and statement of purpose The Preamble begins with the phrase “We the people…” This means that the government is based on the consent of the governed/people.

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Part II: Articles Separation of powers: The responsibilities of each branch Established Checks and Balances of each branch Powers reserved to the US/Federal Government Powers reserved to the States The Amendment and Ratification process

Branches

Three Branches of Government 1. Legislative – Congress writes the laws and approves spending and taxes 2. Executive – President enforces the laws or make sure the laws are carried out 3. Judicial - Courts interpret the laws or explains the laws and makes sure they are fair Legislative Branch Makes Laws Executive Branch Enforces Laws Judicial Branch Interprets Laws Separation of Powers

Checks and Balances

Checks and Balances Why create a system of Checks and Balances? The framers of the Constitution established a system of checks and balances to prevent any branch government from getting too powerful

Practicing Checks and Balances 1. If Congress makes a law, what can the President do if he does not like the law? 2. If Congress does not think the President’s veto was fair, what can the Congress do? 3. If a law or action is unlawful, which branch determines if the law or action is unconstitutional? 4. What if anything can the Congress do if they disagree with the Supreme Court? At the end of the process what is the most important determination of a law legality?

Executive Branch

The Executive Branch The executive branch is headed by the president. Chief Executive: Heads all government agencies   Commander In Chief of the Armed Forces    Chief Diplomat: Representative to the World    Chief Legislator: Signs Laws        Chief Guardian of the Economy      Chief of the Party: Head of his political party COPY Three

The President The president is elected to a four year term. The president can only serve two terms. The president must be a citizen by birth The president must be at least 35 years old. Washington Tradition Cleveland Non consecutive FDR 4 terms 1932-1945

Legislative Branch: Congress The legislative branch is called Congress and is made up of two Houses (parts): The House of Representatives and the Senate. The main function of the senate is to pass legislation for approval by the President

House of Representatives

The House of Representatives Representation in the House is based on population. The more populated a state the more representatives. House members must be at least 25 years old or older to serve. House members are elected to a two year term. There are 435 members in the House of Representatives. The House is in charge of revenue as well as the power to impeach (Place on trial)

US Senate

The Senate The Senate is the other part of the Congress There are two senators for each state, which means of course there are 100 Senators. Senators must be at least 30 years old. Senators are elected to a six year term.

Judicial Branch

The Judicial Branch: The Courts The Judicial Branch of the federal government is headed by the Supreme Court. Supreme Court justices are nominated by the president and approved by the Senate. There are 9 Supreme Court justices, who are appointed for life.

The Supreme Court has the FINAL say on the constitutionality of a law. They decide if a law violates right guaranteed in the Constitution

Judicial Review Courts decide if govt. acts violate constitution Marbury vs. Madison established judicial review. The Supreme Court is the Last word in Constitutionality Example: Brown v. Board of Ed. Court stated that segregation was illegal in public places

Part III: Amendments A change in the Constitution Allowing us to amend the Constitution makes a living document that can change with the times As morals and mores change so can the Constitution There have been 27 amendments to the Constitution. The first 10 amendments are called the Bill of Rights.

Amendments

1st Amendment The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) Key Concept: Government shall pass no law limiting freedom of…

Religious Freedom

2nd Amendment The 2nd Amendment protects the right to bear arms, which means the right to own a gun.

3rd Amendment The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” This means that we cannot be forced to house or quarter soldiers.

4th Amendment The 4th Amendment protects the people from unreasonable searches and seizures. This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

5th Amendment The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) You may not be tried twice for the same crime (double jeopardy) You don’t have to testify against yourself in court. (Self-incrimination) Due Process Double Jeopardy Self-incrimination

6th Amendment 7th Amendment A speedy trial (you can’t be kept in jail for over a year without a trial) An impartial jury (doesn’t already think you are guilty) The accused can confront witnesses against them the accused must be allowed to have a lawyer 7th Amendment The 7th Amendment guarantees the right to a speedy civil trial. A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.

8th Amendment Punishments will not be cruel or unusual Extraordinarily large fines will not be set. Basically no torture or fines that put someone in the poor house

9th Amendment 10th Amendment Right not specifically stated in the Constitution are retained by the people 10th Amendment Powers not given to the federal government are reserved by the states Why is it important to guarantee these right? What can happen if they are not guaranteed?

One more thing Lobbyists There is another participant of the US government that is no where in the Constitution: Lobbyists What would you do if you wanted the government to pay attention to an issue? Ex. Cleaning up the beach Ex. Gun control or Gun Rights Cigarette companies Civil Rights Groups NOW National Organization of Women Lobbyists are representatives for various interest groups

What do they do? They represent various groups and work in Washington DC and at the state capitols Their function is to persuade lawmakers to pass or vote against legislation Whether you’re a democrat or republican there’s a group for you Some people feel they have corrupted our political system Consider this: There are more lobbyists in DC than lawmakers (25.8:1 Reps. 432)

American Principles 7 Guiding Principles: 1. Popular Sovereignty Where do Guiding US Principles Come From? (1) old US documents (2) philosophers (3) old world documents The GOVT. follows these principles when making Laws & Decisions 7 Guiding Principles: 1. Popular Sovereignty 2. Federalism 3. Rule of Law 4. Separation of Powers 5. Checks and Balances 6. Judicial Review 7. Majority Rule

Popular Sovereignty People are source of govt. power (1) Popular = “People” (2) Sovereignty = “Power” or “Controller” Example: - elections - peaceful demonstrations

Federalism The power of government is split between the states and the federal government. Dual Sovereignty: If the Constitution does not have a law, the states can do what they want. State law cannot contradict federal law.

Federalism Power is divided between national (central), state, local governments. - Amendment Process - Federal Power = Prints Money - Each level has own responsibilities - State Power = Driver’s License Example:

Examples of Federalism States pass their own laws regarding… Gay Marriage, Bilingual Education, Death Penalty, K-12 Education, Speed Limits, Drinking Age, Gambling, Assisted Suicide

Federalism in practice State Laws on the books today… It is illegal for a driver to be blindfolded while operating a vehicle. It is illegal to wear a fake mustache that causes laughter in church. A L A B A M A Prohibits shooting rabbits from a motorboat. K A N S A S It is illegal to rob a bank and then shoot at the bank teller with a water pistol. L O U I S I A N A

Federalism in practice State Laws on the books today… Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale. C A L I F O R N I A If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle. Having sexual relations with a porcupine is illegal. It is illegal to sing in a public place while attired in a swimsuit. F L O R I D A

Federalism in practice Women may be fined for falling asleep under a hair dryer, as can the salon owner. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing. Men may not be seen publicly in any kind of strapless gown. F L O R I D A It is illegal for bar owners to sell beer unless they are simultaneously brewing a kettle of soup N E B R A S K A It is illegal to lie down and fall asleep with your shoes on. N. D A K O T A

Federalism in practice It is against the law to throw a ball at someone's head for fun. A license must be purchased before hanging clothes on a clothesline. The penalty for jumping off a building is death. N E W Y O R K It is illegal to fish for whales on Sunday. It is illegal to get a fish drunk. O H I O A person is not eligible to become Governor if he/she has participated in a duel. P E N N S Y L V A N I A

Federalism in practice It is mandatory for a motorist with criminal intentions to stop at the city limits and telephone the chief of police as he is entering the town All motor vehicles must be preceded by a man carrying a red flag (daytime) or a red lantern (nighttime) fifty feet in front of said vehicle It is illegal to display a hypnotized or allegedly hypnotized person in a store window W A S H I N G T O N

Review for Exam Weakness of the Articles of Confederation Three sections of the Constitution Three Branches of Government Virginia/New Jersey plans and the Great Compromise Judicial Review Separation of Powers Federalism and Dual Sovereignty The Bill of Rights Seven Guiding Principles of Democracy