Was this legal? Was this OK?

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Was this legal? Was this OK? Essential Question: What are the major principles, branches, & powers of the U.S. Constitution? Warm-Up Question: The delegates who attended the Philadelphia Convention had no authority to change the national gov’t & but they did so in secret. Was this legal? Was this OK? Lesson plan for Tuesday, September 15, 2006: Warm-up, HA! Constitutional Card Sort Activity, Notes

The Constitution

Key Ideas of the Constitution Popular Sovereignty: the people have power by voting for leaders Limited gov’t: even though the national gov’t was stronger, citizens’ liberty was still protected Federalism: the national gov’t shares power with state gov’ts

Federalism

The Constitution was a radical shift from the Articles of Confederation because it gave more power to the national gov’t than to the state gov’ts The supremacy clause establishes the Constitution (not the states) as the "the supreme law of the land"

Key Ideas of the Constitution Separation of powers: three branches with defined powers

Separation of Powers

Key Ideas of the Constitution Only Congress can make laws, declare war, create taxes The “elastic clause” gives Congress implied powers to make laws seen as “necessary & proper” Only the Senate can approve treaties & only the House can create taxes

Article 1: Legislative Branch 11

House of Representatives Senate 12

Key Ideas of the Constitution The president enforces the laws passed by Congress The president oversees the bureaucracy (departments & federal agencies)

Article II: Executive Branch 14

Commander-in-Chief of the military Chief Agenda Setter Chief of State Commander-in-Chief of the military

Key Ideas of the Constitution The only court mentioned in the Constitution is the Supreme Court

Article III: Judicial Branch 17

Key Ideas of the Constitution Checks & balances: each branch can limit the power of the others

Why are some Americans going to oppose the new Constitution? Essential Question: What were the arguments for & against ratifying the Constitution? What role did the Federalists & Anti-Federalists play in the debate over ratification? Warm-Up Question: Why are some Americans going to oppose the new Constitution? Lesson plan for Wednesday, September 16, 2009: Warm-up, Notes, Closure Activity

Ratification of the Constitution

Federalists & Anti-Federalists Supported ratification of the Constitution Were well-organized & educated Alexander Hamilton & James Madison authored the Federalist Papers to argue for ratification Anti-Federalists Against ratification because they feared that this gave too much power to the national gov’t Argued that the Constitution was an illegal change in gov’t Wanted a Bill of Rights To win ratification, the Federalists agreed to add a Bill of Rights to protect citizens’ liberty; all 13 states agreed to ratify the Constitution In order for the Constitution to be legitimate, 9 of the 13 states had to ratify (agree to) it 26

Federalists & Anti-Federalists https://www.youtube.com/watch?v=DnDh9-X12Gc

Background Information Ratifying the Constitution was not easy. The Federalists and Anti-Federalists fought for three years (1787-90) over how the states should be governed.

The Contenders Those in favor of the new, more powerful federal govt. came to be known as Federalists. Those in favor of keeping a form of the old confederate system were called Anti-Federalists.

Who Won? Well, the constitution is currently being used…so… The Anti-Federalists sure didn’t pick that name…the Federalists gave them that name…winners get to pick the names.

Federalist Arguments Wanted the new constitution Feared the average man more than they feared govt. Liked a strong Federal Government Needed to regulate trade and military Checks and Balances will stop corruption Political parties will also stop the concentration of power. Bill of Rights was unnecessary…the states already had their own, and the whole point of government was to protect the people… Wanted the new Constitution to be interpreted loosely

Federalist idea of ideal govt.

Supporting the Federalists The Articles of the Confederation needed to be reformed The Federalist Articles written in New York newspapers to convince New York to agree with the new Constitution. They were a well organized group in high positions in society (bankers, businessmen, etc.) Federalists won the image war. George Washington was on their side.

The Other Side of the Coin

Anti-Federalist Arguments Wanted to keep and fix the Articles of Confederation Feared govt. more than they feared the people. Wanted strong state govts. Believed the new president would be like the old king. “Absolute power corrupts absolutely.” Insisted upon a clearly written Bill of Rights Wanted a strict interpretation of the Constitution

Anti-Federalist idea of ideal govt.

What the Anti-Federalists Believed…

Major Anti-Federalists Jefferson was probably the most famous Anti-Federalist. He later became the first Democratic-Republican President

Anti-Federalist Support Most of the generation that had led the colonists in their fight against Britain were Anti-Federalists. Could compare the new president to the King they had all just won freedom from. Appealed to American love of independence Supported by farmers and frontiersmen

Comparison to Today’s Parties: There is no perfect comparison…but… Republicans prefer small government that allows the winners to win, but also allows the losers to lose. Tend to be conservative, like the Anti-Feds Democrats prefer a government that is willing to step in and even out the playing field… Tend to be liberal, like the Federalists

Ratification of the Constitution

Constitution became the official the law of the land in 1789

The Constitution proved to be a successful form of government; Today, the Constitution is the oldest existing written gov’t in the world & has become a model for other nations