1 Chapter 1 The Constitution: Limiting Government’s Power

2 The Constitution Defined Constitutionalism Government of laws, not people Constitution establishes governmental bodies  1.House of Representatives  2.Senate  3.Presidency  4.Supreme Court  The Constitutional Tradition  1. The Magna Carta, 1215  2. The Mayflower Compact, 1620  3. The Colonial Charters,  4. The Declaration of Independence, 1776

3 The Constitution Defined The Constitution can only be changed by general popular consent – majority needs to agree upon the change The U.S Constitution is superior to ordinary laws of  1. Congress  2. Orders of the president  3. Decisions of the courts  4. Acts of the state legislatures  5. Regulations of the bureaucracies

4 Constitutional Beginnings Two parts to be included by settlers  Individual security  Rule of law – laws made to govern the land New England Colonies set up compacts  A compact is an agreement that binds two or more parties to enforceable rules

5 Constitutional Beginnings Charter Companies were created  The English King controlled the charter companies for the purpose of gathering natural resources from the new world Proprietary Colonies were created  The colonies were set up like the British government – The British King granted propietary rights to individuals, as in Maryland(Lord Baltimore), Pennsylvania(William Penn) and Delaware (Penn)

6 Five Precedents to the Constitution Five Important Events that led to the Constitution  Magna Carta of 1215 – a written document that stated that the powers of the English King were not absolute  Mayflower Compact of 1620 – prior to landing at Plymouth the Pilgrims wrote a social contract to ensure the success of the community  Colonial Charters of  Declaration of Independence of 1776  Articles of Confederation of

7 Problems Facing a New Nation Lack of National Unity – each state was operating independently of the federal government Financial Difficulties – congress had no power to tax the people directly Commercial Obstacles – states were free to tax the goods of other states, no power to regulate interstate commerce Money Problems – each state had the power to issue their own currency, and regulate it’s value Civil Disorder – debtors revolted against tax collectors

8 Constitutional Convention 1787 Purpose – revise the Articles of Confederation – ended up writing the Constitution Fifty-five delegates attended  National commitment  Wide viewpoints  Well-educated men  Unified in thinking about economics, military, and politics  Distinguished gentlemen

9 Constitutional Convention 1787 All states represented, but Rhode Island Decided on a republic form of government – where the power lies in the vote of the citizens Determined the three branches – Executive, Legislative, and Judicial Determined that there would be taxes on imports but not exported goods

10 Constitutional Convention 1787 Representation in Congress was the most serious debate  Two houses would be created in the Legislature – Called the Great Compromise Three-Fifths Compromise developed – three- fifths of slaves would be counted in apportioning seats

11 Constitutional Convention 1787 Only thirty-nine of the fifty-five signed the new Constitution  Those who did not sign claimed that the government was given too much authority  The supporters of the Constitution were the Federalists