A New Plan of Government Chapter 7, Section 3

The Basis of the Constitution Although the Constitution is a unique American document, it has roots from various countries and political systems.

The Basis of the Constitution The Founding Fathers used two unique models for the Constitution: Magna Carta (1215) which placed limitations on monarchs. The English Bill of Rights (1689) which stated individuals “natural rights”.

The Basis of the Constitution The Framers viewed the Constitution as a contract between the American people and their government. The contract protected the people’s natural rights by limiting the governments power. The Framers also believed that all or majority of the power should not fall into the hands of one person. The Framers stated that government’s power should be clearly defined, separated and limited to prevent abuse.

The Federal System The Constitution created a federal system that divided the powers between the national (federal) government and the states. Federalism- the sharing of power between the federal and state governments.

The Federal Government

The State Governments

Articles of Confederation New Idea Articles of Confederation Split power between: Legislative Executive Judicial Legislative branch only

Preamble “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.” Read the Preamble as a chorus with the class. On the Constitution page of the notetaking worksheet, discuss answers orally with students.

House of Representatives Article The Legislative Branch Makes Laws CONGRESS House of Representatives Senate

The Legislative Branch The law making branch or legislative branch of the government is composed of two parts. The House of Representatives: representation is based on population. Senate: two senators per state.

CONGRESS Collecting taxes Coin Declare War Money and And pass Budget laws Coin Money and Budget Management

Article The Executive Branch Carries Out Laws The President The Legislative Branch Makes Laws House of Representatives Senate

The Executive Branch The Executive Branch carries out the nation’s laws Power to veto (reject) laws It is headed by the president and his cabinet. The president serves as commander in chief of the military and conducts relations with foreign countries.

Article The Judicial Branch Interprets Laws The Legislative Branch Makes Laws The Executive Branch Carries Out Laws The President House of Representatives Senate

The Judicial Branch The nation’s judicial power resides in the Supreme Court and other lower federal courts. The Supreme Court hears cases involving the Constitution, laws passed by Congress and disputes between states.

Article Outlines how states have to act: 1. Towards each other 2. towards the national govt.

Article 7 Article The constitution will be the Supreme Law of the Land 9 of 13 states had to approve the constitution for it to be ratified

Checks and Balances Keep any one branch from gaining too much power. In other words, no one branch can dominate the government. Both the House and Senate must pass a bill for it to become a law. The President can then veto (reject) bill or agree to make it become a law. If the president rejects the bill, the bill can still pass if 2/3 of Congress agrees with the bill. The Supreme Court can rule on the constitutionality of the law and presidential actions.

Protecting Rights The strongest criticism of the Constitution was that it had no Bill of Rights to protect individual freedoms. For the new Constitution to go into effect 9 of 13 colonies had to approve adoption. On June 21, 1788 the ninth state-New Hampshire-ratified the Constitution and it became the law of the land. It was not until 1791 that the Bill of Rights would be added to the Constitution.

(That means stuff they added later.) The Amendments (That means stuff they added later.) Did they add spots? No, silly! They added rights! Slides 79 – 84: Use your teacher guide to read the sentence about the amendments out loud to students while they fill in the blanks. Click through the slides for examples of rights that were added.

The Amendments WARRANT

Amendments Changes to the Constitution 27 total First 10 (Bill of Rights) added in 1791: 1st: freedom of speech, assembly, religion 2nd: right to bear arms 3rd: no quartering soldiers 4th: no unreasonable searches/seizures 5th-10th: restrict power of government

Other Important Amendments 13th- abolishes slavery 15th- voting rights to all races 18th- prohibition of alcohol 19th- women’s suffrage 21st- repeal of 18th amendment 26th- lowers voting age to 18

What ideas about government are expressed in the Second Amendment? Revere said, “ a well-regulated militia is necessary to the security of a free state, the right to bear arms shall not be infringed.” Do you think the Second Amendment is as important today as it was in the eighteenth century? Should we still have the right to own guns?

In a 1998 U.S. Supreme Court case, Justice Ruth Bader Ginsburg pointed out that the text of the Second Amendment refers to the right to keep and bear arms. Since to bear arms means to carry them—not just to possess them—should citizens in every state be allowed to carry firearms on their person? Should they be able to keep them in vehicles? Why or why not?

What limitations, if any, do you think should be placed upon the right to bear arms? How would you justify your position?