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L.O.: SWBAT analyze and interpret the US Constitution. I.A.: (Written Response) Write down anything you remember about your previous study of the Constitution.
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Amending the Articles of Confederation Constitutional Convention, 1787 – Delegates gathered to revise the AOC Representation Debate: How would states decide on the number of representatives sent to Congress? – The Great Compromise: Bicameral Legislature Senate: Equal representation among the states House of Representatives: representation proportional to state population – Three-Fifths Compromise: Slavery Five slaves count as three free persons Slave trade will be abolished in 1808
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Ratification of the Constitution Federalists: Support Constitution – The original Constitution will suffice in protecting natural rights – Federalist Papers: Written to convince people to support ratification Clarifies original intent of Constitution writers Anti-Federalists: Oppose Constitution – The original Constitution does not sufficiently protect natural rights – A Bill of Rights needs to be added to the Constitution before ratification – Direct response to the lack of protection under British rule
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Preamble The Preamble: Explains the purpose of the Constitution – That power comes from the people – To create a better, stronger national gov’t – To ensure a system of justice – To provide for peace at home – To provide of the defense of the nation – To promote the well-being of the people – To secure liberty to the people and to future generations
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Principles of the Constitution Popular Sovereignty – Power to rule comes from the people Separation of Powers – Three branches of gov’t: legislative, executive, judicial Checks and Balances – Each branch of gov’t makes sure the other 2 do not gain too much power Flexibility – Constitution can change over time to best meet the needs of the people Federalism – Shared power between state and national gov’ts
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Format of the Constitution Part I: Preamble Part II: Articles (I-VII) Part III: Bill of Rights – Amendments I-X Part IV: Amendments XI-XXVII
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Executive Branch Chief Executive – Enforce laws, appoints judges/diplomats Chief Diplomat – Make treaties and agreements with other countries with the consent of Senate Commander in Chief – Broad military powers shared with congress Elected by the electoral college for a 4 year term – Two-term limit enforced by 22 nd amendment (1951)
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Legislative Branch Lawmaking branch of gov’t – Elastic clause: Congress shall make all laws necessary and proper (flexibility!) House of Representatives – Selects president in the case of no majority – Brings impeachment charges – Deals with all money Senate – Jury in impeachment – Ratify treaties – Approve presidential appointments
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Judicial Branch Supreme Court and lower federal courts Interpret the laws Each of the 50 states has their own court system Marbury v. Madison – Establishes judicial review: supreme court can rule on the constitutionality of laws
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Amendment Process Proposed by Congress by a 2/3 majority vote in both houses ratified by at least 38 states Proposed by Congress ratified by 38 state conventions Proposed by national convention called by Congress ratified by states (38) Proposed by national convention ratified by 38 state convention
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Bill of Rights: Individual Liberties Amendment 1 – Freedom of speech, religion, petition, peaceful assembly – Freedom of press in response to the outcome of the Peter Zenger trial under the British Amendment 2 – Right to possess firearms Amendment 3 – Gov’t cannot require citizens to house soldiers – Response to British Quartering Act
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Bill of Rights: Rights of the Accused Amendment 4 – Protects against unreasonable search and seizure – Response to British writs of assistance Amendment 5 – Protection against self-incrimination Amendment 6 – Speedy public trial; legal council Amendment 7 – Trial by jury Amendment 8 – Prohibits excessive bail and cruel/unusual punishment
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Bill of Rights: Supremacy of Law Amendment 9 – Rights not specifically mentioned by the Constitution rest with the people Amendment 10 – Powers not delegated to the national gov’t rest with the states and the people
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