Ch. 2- The Constitution

What is Government? Government- institution by which a society makes & enforces its public policy Public Policy- actions the government makes

Purposes of the U.S. Government Set Forth in the Preamble of the U.S. Constitution:  Form a more perfect union  Establish justice  Insure domestic tranquility  Provide for the common defense  Promote the general welfare  Secure the blessings of liberty

Which Purpose is Most Important in Your Life? Form a More perfect Union Establish Justice Insure Domestic Tranquility Provide for the Common Defense Promote the General Welfare Secure the Blessings of Liberty

Documents Building the American Government Magna Carta- first attempt to limit the power of the British Monarch, establishing the power of the monarchy was not absolute Petition of Right-extended the rights from the Magna Carta to commoners English Bill of Rights-prevented monarchs from abusing their powers

Foundations of American Rights Magna CartaEnglish Bill of Rights

Colonial Experiences Colonial Charters  each charter operated with executive, legislative, and judicial roles  The authority of the governors, legislatures, and judges depended on the type of colony  Royal- subject to the direct control of the king (8/13)  Proprietary- organized by a proprietor appointed by the king (3/13)  Charter- based on the Mayflower Compact charter in 1662, governors were elected, with the King’s approval (2/13)

QUIZ…Name the 13 Original Colonies! 13 Colonies Song

First Government New England Confederation Plan for intercolonial cooperation by William Penn The Albany Plan First Continental Congress Second Continental Congress

Declaration of Independence Too Late to Apologize: A Declaration Too Late to Apologize: A Declaration Written mainly by Thomas Jefferson Principles: based on philosophy of John Locke Divided into three parts  A theory of government based on social contract  A list of grievances against the king  Statement of colonial unity and separation from Britain Ideas that all men are created equal and the government is not all powerful

To Form a More Perfect Union Between , 13 individual colonies became a nation- The United States of America Independence: how could 13 independent self- governed states unite?  First attempt= Articles of Confederation Homework: read pages 17-27, and explain the weaknesses of the Articles of Confederation, and how the creation of the Constitution corrected these weaknesses.

Articles of Confederation Written by the Second Continental Congress Became the first national Constitution for the United States Created a “league of friendship” among the states Created a weak unicameral legislature Did not want to replicate the too-powerful government of Britain Congress had limited powers: creating an army and navy, borrowing money, declaring war, creating post offices Signing treaties with foreign governments

Weaknesses of the Articles of Confederation No power to tax No power to draft soldiers for military service, No power to regulate commerce No central government to control the states Each state was equal, with one vote in the legislature, regardless of size & population 9 of 13 states were required for legislation to pass Amending the A.O.C. required a unanimous vote

Weaknesses of the A.O.C. Shays' Rebellion Shays' Rebellion Weakness of the A.O.C.How the Constitution “fixed” it Articles created a “league of friendship” between the states Congress could not tax, it could only request contributions from the states Congress could not regulate interstate trade or foreign commerce No separate executive to enforce acts of Congress No national judiciary to handle state disputes Each state had one vote, regardless of size or population States and the national government had the authority to coin money Unanimous consent required to amend the Articles of Confederation Nine of thirteen states required to pass legislation

Constitutional Convention Philly, 1787 Purpose: revise the Articles of Confederation Decided to write a new Constitution instead of revising the AOC Decided the new government would be a republic, a federal system, and would be composed of three branches Several plans were proposed and presented

The Constitutional Convention The Framers 55 men from all 13 states except __________men  James Madison- greatest influence on creation of national gov.  Absent: Thomas Jefferson (in France), John Adams (in Great Britain), Patrick Henry “smelt a rat” (against strong national government) An entirely new constitution was written “Lockean” influence Results: “a delicate problem”; need for a strong government to preserve order but not threaten liberty Major Themes at the Constitutional Convention

The Virginia Plan *Created by Madison Strong national government organized into three branches (legislative, executive, and judicial) Bicameral legislature (House and Senate)  Lower house elected by the people  Upper house chosen by lower house from nominees submitted by state legislatures Representation is each house based on population &/or monetary contributions to the national government Members of the national judiciary were chosen by legislature Single executive chosen by legislative branch, limited to one term one term only, could veto legislative acts, removal by Congress *Who’s happy, large states or small states? Why?

The New Jersey Plan Generated from a fear that legislative representation would be based on population, allowing the more populated states to always out- vote the less populated states Unicameral legislative  Representatives chosen by state legislatures  Each state receives one vote Representation in the house would be equal among the states Plural executive chosen by legislative branch, no veto powers, removal by states Judges appointed for life by the executive *Who’s happy, large states or small states? Why?

The Debate Is On!!

The Great Compromise (AKA Connecticut Compromise) 1. House of Representatives based on population and directly elected by people 2. Senate composed of two members per state and elected by state legislatures (now?!?!) 3. Reconciled interests of large and small states large dominates the House of Representatives, small the Senate *Both large and small states satisfied!

Slavery & the Constitution The Issue:  Southern States: wanted slaves counted as population in representation, but not taxation  Northern States: opposite Three-Fifths Compromise  Each state would count three-fifths of its slave population for purposes of determining both representation and taxation Commerce & Slave Trade Compromise  Congress was prohibited from banning the slave trade for a period of 20 years Why wasn’t slavery abolished in the Constitution?

Ratification of the Constitution Federalists- for the ratification of the Constitution  The Federalist Papers- NY  In favor of a strong, national government  Led by Madison & Hamilton  Checks & Balances would protect from abuse Anti-Federalists- against the ratification of the Constitution  Wanted strong state governments  Feared a strong, national government  Wanted a Bill of Rights

Signing of the Constitution