The Constitution as a Source of Legitimacy

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Presentation transcript:

The Constitution as a Source of Legitimacy The United States The Constitution as a Source of Legitimacy

Reading Quiz – 9/5 Log on to Socrative Student and complete the 9/4 Reading Quiz If you do not have a device, take out a sheet of paper and follow along with me 9/5 Reading Quiz

The Declaration of Independence Locke Montesquieu Rousseau

Declaration and Constitutional Theories Locke The Social Contract The people give up certain rights to have the government protect their most basic rights – life, liberty, and property Montesquieu Believed that the separation of powers was needed to ensure liberty Rousseau The King had lost the consent of the people Once consent is lost, so is legitimacy

The Preamble to the Declaration of Independence 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 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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

The Articles of Confederation The founders originally established a confederation Under the Articles: Each state is sovereign States are in a “league of friendship” Each state gets one vote in the legislature Congressmembers are picked by state legislature Only national government can declare war, but states hold their own militaries Federal government cannot tax – state governments pay for expenditures President appointed by Congress Decentralized form of government

The Constitutional Convention and the Constitution States were concerned about fair representation in Congress The Virginia Plan Favored Large States Bicameral Legislature – proportional Each state would be represented based on population The Connecticut Compromise Bicameral legislature Proportional in the House – for large states Equal in the Senate – for small states The New Jersey Plan Favored large states Unicameral legislature – equality Each state would be represented by an equal number of votes

How did they solve the problems of the Articles? We are going to do a notecard activity to help you understand how the framers of the constitution addressed the issues with the articles of confederation. Each pair will be given a card – half of you will have a “problem” with the Articles of Confederation, the other half will have a “solution” that was addressed by the Constitution You need to find the solution to your problem or vice versa When you have found your match, fill out that portion of your GO As other matches share their problems and solutions, fill in the rest of your GO

Crash Course

Terms and People You Need to Know New Jersey Plan Virginia Plan Connecticut Compromise Bicameral Legislature Proportional Representation Equal Representation Centralized Government Decentralized Government Rousseau Montesquieu Locke

Homework – 9/5 Finish US Notecards Read Federalist #51 (back of your Wilson book)

The Three Branches of Government Legislative, Executive, Judicial

More Terms You Need to Know Separation of Powers Checks and Balances Legislative Branch Executive Branch Judicial Branch House of Representatives Senate Veto Nominations v. Confirmations (in the Supreme Court)

Separation of Powers and Checks and Balances

Checks and Balances Simulation Check on the Supreme Court Check on the President Round 1 Check on Congress Round 2 Round 3 Round 4 Round 5

Class Discussion How does the separation of powers and checks and balances help maintain the US government’s legitimacy?

Homework After having read the constitution and its amendments, come up with one idea for amending the constitution Your idea should update, change, or add to the fundamental liberties already written in the constitution and added through the 27 amendments. Come in tomorrow with your idea written on a flashcard to be turned in

Amending the Constitution To help maintain legitimacy

Amendment Quiz Log on to Socrative Student and take the Amendment Quiz If you do not have a device, take out a sheet of paper and follow along with me 9/7 Amendment Quiz

Amendment Simulation Hold on to your amendment ideas. You are all members of Congress today, half of you in the House, the rest in the Senate. Each house must decide on 5 amendment ideas to vote on You will then vote on those 5 amendments (2/3 vote to pass) and then pass the ones that pass to the other house of Congress The other house must vote on the new amendments they’ve received. (2/3 vote to pass) If any amendments passed Congress, they will then be sent to the “states” At this stage, I will assign each of you a state Take 5 minutes to look up what the people in your state would think about that amendment Once you have figured out the voters’ interests, cast your vote to either ratify the amendment(s) or not. I will then count the votes – if ¾ of you have voted to ratify, you have just amended the constitution!

Class Discussion Does the amendment process make the US Constitution more or less legitimate?

Homework Read the article “Legitimacy and the Constitution” Come up with 2-3 questions or arguments to discuss during the Socratic Seminar tomorrow Questions or arguments should be related to the essential question and the evidence presented in the article Print out Socratic Seminar Instructions and bring them to class

Is the US Constitution still a source of Legitimacy? Socratic Seminar Is the US Constitution still a source of Legitimacy?

Homework Read the following: “Britain’s Unwritten Constitution” Article “Political Engagement and Democratic Legitimacy in Mexico” Article