Ch. 2 The Constitution

Essential Question: How have theory, debate and compromise influenced the United States’ system of government that balances governmental power and individual rights.

I. The Early Republic The Declaration of Independence includes a list of grievances and a statement of separation from the British Empire. B) DOI is influenced by Enlightenment ideas of natural rights, limited government and consent of the governed and social contract.

II. The Articles of Confederation A) Problems -No Executive Branch -No Federal Courts -No National Currency (hard for the states to trade) -Federal government had no power to tax. -Amending the AOC required a unanimous vote -Large states and small states each received one vote

B. Shays’ Rebellion Rebels took control of court houses in Mass. The government did not have the means (power to tax) to put down the rebellion and restore order. Led many to believe the new government was too weak so a new constitution was written.

III. The Constitutional Convention

A. Compromises 1. Representation Virginia Plan (Representation based on population) New Jersey Plan (every state gets equal representation) The Great Compromise: Bicameral legislature House of Reps: based on population Senate: Every State gets two reps

2.SLAVERY States that allowed slavery wanted slaves counted for representation but free states did not. Compromise: Slaves will be counted as 3/5 of a person and Congress was not allowed to make a law abolishing the slave trade for 20 years.

2. Should the states or the federal government have the power to control or regulate slavery? Compromise: The Constitution prohibited Congress from stopping the international slave trade for twenty years after ratification of the Constitution.

Review Video https://www.youtube.com/watch?v=kCCmuftyj8A&index=5&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H

B. Preventing Tyranny

1. House of Reps, the part of government closest to the people Only part of federal government directly elected by the people. lowest age and citizenship requirements shortest terms (2 years) All bills that raise taxes must start in the House House also has the power to bring impeachment charges

2. Checks and Balances

Separation of Powers v. Checks and Balances https://www.youtube.com/watch?v=0bf3CwYCxXw&index=3&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H

3. Limits on Majority Rule Senate elections are staggered so that only a third of the Senate is elected every 2 years. The President is indirectly elected by the electoral college. The Presidential veto 10th Amendment reserves all powers not given to the federal government to the states. Senators originally elected by state legislatures Independent Judiciary Lifetime appointments of federal judges

4. Federalism The States serve as a check on the federal government. 10th Amendment established the reserved powers: all powers not given to the federal government go to the states.

IV. Ratification The Constitution required ratification of 9 states before it became law of the land. A debate broke out between the Federalists and Anti-Federalists over whether or not the states should ratify the Constitution.

Federalist v. Anti-Federalist Backgrounds Small farmers, shopkeepers, laborers Large landowners, wealthy merchants, professionals Government Preferred Strong State governments Weak National Governments Direct election of officials Shorter Terms Rule by common man Strengthened protection for individual liberties Weaker State governments Strong national government Indirect election of officials Longer Terms Government by the elite Less concern for individual liberties Why do you think people from certain backgrounds Were more likely to be Anti-Federalist or Federalist?

Antifederalist Concerns Brutus 1- Could a widely dispersed and diverse people be united under one government without sacrificing the blessings of liberty and self government? Brutus’ powerful argument prompted Federalists to articulate a more thorough explanation of what the Constitution meant and why it should be ratified. Federalist # 10 most directly responds to these concerns. https://www.khanacademy.org/humanities/ap-us-government-and-politics/foundations-of-american-democracy/government-power-and-individual-rights/v/anti-federalists-and-brutus-i

C. Federalist Papers James Madison and other prominent Federalists wrote a series essays arguing why the Constitution should be ratified. Federalist # 10 – Factions are undesirable but inevitable in a free society. The new republic will be so big and diverse that it will difficult for one faction to dominate under the new constitution. Federalist # 51- The checks and balances and separation of powers established in the new Constitution will keep any branch of government from becoming too powerful.

Videos on Federalist #10 https://www.youtube.com/watch?v=GNN95-ICOMI https://www.youtube.com/watch?v=8Db2oxalDvM

V. Branches of Government

A. Congress

1. The House of Representatives Considered more representative than the Senate because of its size , term of office and qualifications for office. Revenue bills must start in the House. The impeachment process must also start In the house

2. The Senate The Senate has more difficult qualifications, its members serve longer terms and it is a smaller body than the House. b) The Senate tries impeachment cases and approves presidential appointments and treaties.

B. The Executive

1. The President Strictest qualifications of all three branches The President has the power to act as commander and chief Make treaties with the consent of the Senate Appoint ambassadors and justices with the consent of the Senate Sign legislation or veto legislation

2. The Vice President President of the Senate (has the deciding vote if there is a tie) Next in line to succeed the president in case of death The 25th amendment gives the president the power to temporarily hand over power to the Vice President in the case of an emergency.

3. Judicial A. No direct responsibility or accountability to the public B. Marbury V. Madison established the principle of judicial review.

VI. Amending the Constitution Stage 1: Amendment Proposal Stage 2: Amendment Ratification Amendments may be Proposed by Amendments may be ratified by A 2/3 Vote of both houses of Congress 3/4 of the fifty state legislature Or Or ¾ of special constitutional conventions called by the states accept A constitutional Convention called by Congress on petition of 2/3 of the fifty states.

Hip Hughes Constitution in one minute https://www.youtube.com/watch?v=vtEeBjG9-0g&list=PLi3U-nPPrbS5d-juhFwo3hTBso0gq2sUZ