1. Forging a New Nation

2. -The Preamble in the final copy is much more detailed and concrete;
Compare this part of the first draft with the equivalent sections in the final copy printed on page 146 of your textbook. Discuss the major changes that were made in the document in only about five weeks time.
Major Differences:
-The Preamble in the final copy is much more detailed and concrete;
The concept of “the United States of America” is assumed rather than stated;
The articles in the final copy are much longer, more explicit, and more detailed than in the first draft.
Compare this part of the first draft with the equivalent sections in the final copy printed on page 146 of your textbook. Discuss the major changes that were made in the document in only about five weeks time.
Major differences: the Preamble in final copy is much more detailed and concrete; the concept of “the United States of America” is assumed rather than stated; the articles in the final copy are much longer, more explicit, and more detailed than in the first draft.
2. What change in the government was emphasized when “We the people of the United States” replaced the listing of the individual states in the
Preamble? Why do you think this wording was so important at the time?
The union of the country and the power of the federal government are emphasized over the existence of the individual states and their governments. It was important to declare this union in the Constitution to ensure that the federal government would always remain stronger than the state governments.

3. What change in the government was emphasized when “We the people of the United States” replaced the listing of the individual states in the Preamble?
Why do you think this wording was so important at the time?
The union of the country and the power of the federal government are emphasized over the existence of the individual states and their governments. It was important to declare this union in the Constitution to ensure that the federal government would always remain stronger than the state governments.

4. The United States were expanding quickly
The United States were expanding quickly. Let’s look at the priorities different states had for their government.
Now compare the wishes of your state to those of another group. What do you think is a good compromise?

5. Hmm, what is going to happen to all of that land in the West?!
Under the Land Ordinance of 1784 and When a territory had as many people as the smallest state in the country, it could apply for statehood. While many states would grow out of territories there was one issue… slavery

6. Articles of Confederation (1777)
Review:
-What was it?
What were the problems with it?
How could they fix it?

7. Key Conflicts at the Constitutional Convention
CENTRAL GOV’T vs. STRONG STATES
Authority derives from the people
In a new plan of government, the central government should be stronger than the states.
Authority derives from the people
In a new plan of government, the state governments should be stronger than the central.
LARGE STATES vs. SMALL STATES
Congress should be composed of two houses.
Number of delegates to both houses of Congress should be assigned according to population.
Congress of one house should be preserved.
Each state should have one vote.
NORTH vs. SOUTH
Slaves should not be counted when deciding the number of congressional delegates.
Slaves should be counted when levying taxes.
Slaves should be counted when determining .congressional representation.
Slaves should not be counted when levying taxes.

8. Constitutional Convention(1787)
James Madison
What is a “convention”? __________________________

9. Problem #1: What form of Democracy?
Vote on Laws
Vote on Laws
direct democracy
representative democracy

10. Two Plans for Government Proposed
Virginia Plan New Jersey Plan
(proposed by James Madison) (proposed by William Paterson)
Bi-Cameral (TWO HOUSE) Legislature
Number of representatives based on the population of the state
Uni-Cameral (SINGLE HOUSE) Legislature
Number of representatives equal for each state

11. Solution: The Great Compromise
Senate
House of Representatives
Equal representation:
Two representatives for each state
(New Jersey’s Plan)
Senators
Representation based on
population of the state
(Virginia’s Plan)
Representatives
CONGRESS

12. Problem # 2: Slavery

13. Different Viewpoints on Slavery
1) Southern states (like VIRGINIA ) wanted the enslaved population to count toward their total population because it would give them a _______ population and get them _________________ in Congress. More representatives meant more _____________ !!!!
2) However, _____________ states (like Massachusetts) DID NOT want the enslaved population to count toward population because then the ____________states would get more ________________ than the people in the northern states. Fewer representatives meant __________ power!!!

14. Different Viewpoints on Slavery
1) Those southern states (like VIRGINIA ) wanted the enslaved population to count toward their total population because it would give them a _larger___ population and get them _more representatives_ in Congress. More representatives meant more __power___________!!
2) However, __northern____ states (like Massachusetts) DID NOT want the enslaved population to count toward population because then the southern___ states would get more _____representatives____ than the people in the northern states. Fewer representatives meant __less_____ power!!

15. Solution: 3/5 Compromise
The northern states and southern states agreed that they would count ___3/5__ of the enslaved population toward the total population.
,000 slaves
count as 30,000
HOWEVER, enslaved people were NOT allowed to VOTE nor did they have any say whatsoever in the United States government.

16. Branches of Government

17. Six Basic Principles of the U.S. Constitution
Forging a New Nation
The Six Basic Principles of the Constitution of the United States
Six Basic Principles of the U.S. Constitution

18. “The Constitution was not made to fit us like a straightjacket
“The Constitution was not made to fit us like a straightjacket. In its elasticity lies its chief greatness.”
- Woodrow Wilson
DO NOW: analyze the quote above
When Constitutional Framers met in Philadelphia in 1787 they sought to fufill five purposes to create an effective Constitution:
Establish Legitimacy
The government’s right to rule
Create Appropriate Structures
Balancing state and federal governments
Describe and Distribute Power
Letting states keep authority on local matters
Limit Government Powers
Limit the power of what they created
Allow for Change
Have a “living” document

19. 1) Popular Sovereignty
popular
sovereignty
Power to the People!!

20. 2) Limited Government What we say goes!
Reserved Powers are RESERVED for the state (i.e: education!). Delegated Powers are DELEGATED to the federal government (i.e. the power to declare war).

21. 3) Separation of Powers
These branches would all have their own area of authority
Executive
Branch
Judicial
Branch
Legislative
Branch

22. 4) Checks and Balances
Checks and balances give each Branch the opportunity to “check” or stop another branch

25. Examples of Checks and Balances
appoint
1. The president gets to ________________ justices, BUT the Senate gets to ________________ or reject the appointments.
approve

26. Examples of Checks and Balances=
Examples of Checks and Balances
treaties
2. The president signs _____________ with other nations,
BUT the Senate gets to __________________ or reject the treaties.
ratify

27. Examples of Checks and Balances
3. The Congress writes new laws, BUT the ___________________ gets to ______________ or ____________ the law.
If the president vetoes the law, Congress can still ___________ his/her veto with 2/3 vote of each house.
Furthermore, the ___________ ________________ gets to decide if the laws are _____________ or unconstitutional.
president
sign
reject
override
judicial
branch
constitutional

28. Examples of Checks and Balances
chief
4. The president is the _________ and __________ of the military, BUT only Congress can ___________ _____________.
commander
declare
war

29. That is UNCONSTITUTIONAL!
5) Judicial Review
That is UNCONSTITUTIONAL!
The president can appoint Supreme Court judges. These judges have the authority to review federal and state cases and interpret the Constitution. This has resulted in landmark cases that have prompted amendments to the constitution.

30. 6) Federalism

31. The Three Branches of the United States Government

33. The Executive Branch http://www.usdebtclock.org/ Presidential Powers
It is in the executive branch that our nation’s most powerful leader resides: The President of the United States. There is also the Vice President
In addition to the president there is also the presidential cabinet. A group of presidential advisors not mentioned in the original constitution, but implemented by George Washington.
Presidential Powers
Current Members
Electoral College

34. The Executive Branch 15 BACK
While your votes are important when there is a presidential election, a president is directly elected by the Electoral College, something we will do an activity on shortly.
So while it is essential that you perform your civic duty by voting, the popular vote (the vote of the population/people) does not always choose the next president of the United States. 15

35. The Five Basic Principles of the Presidency
Under the executive powers, the president shall have the power to require reports in writing from all departments.
Also, they can make executive orders. These can range in severity and seriousness. For example Executive Order # 9066 was implemented during WWII to relocate Japanese Americans to internment camps. It was put into effect by F.D.R. In 1990, President Bush proposed an executive order against broccoli at a White House dinner honoring Polish Prime Minister Tadeusz Mazowiecki.
The president also hold diplomatic powers. In this sense, the president shall make treaties with foreign nations. Remember back to yesterday and the system of checks and balances….
When the President makes a treaty with a foreign nation what is the role of the legislative branch?
The powers of the president within the judicial realm are with appointing officials of the United States.
It also includes granting reprieves and pardons. These are limited to federal crimes EXCLUDING impeachment. A president cannot pardon themselves!
1.Executive Powers
In the legislative branch, the president can do several things to show power. He shall enforce laws and recommend laws that are needed .
In order to do that he can issue vetoes, or threaten special sessions of congress
The military powers of the president include the power to command the armed forces.
Remember, they are “checked” by congress. Only congress can DECLARE war.
2. Diplomatic
3. Military
4. Legislative
5. Judicial Powers
BACK

36. President: Barack Obama
44th President of the United States Falls in a small grouping of presidents to have been awarded the Nobel Peace Prize
The nation’s first president, George Washington had appointed a modest cabinet of four members including Thomas Jefferson and Alexander Hamilton. He started he cabinet to advise him on specific matters and assist with special tasks.
Now the cabinet has grown into a larger group of fifteen representatives for various issues/ groups.
The President’s cabinet is something very common now. The cabinet includes the Vice President and 15 Executive Departments including the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs and the Attorney General
BACK
President must be a natural born citizen, lived in the US for 14 consec. Years, and be over 35

37. Secretary of State: Hillary Rodham Clinton
BACK
Secretary of State: Hillary Rodham Clinton
Serves as the President's principal adviser on U.S. foreign policy
Conducts negotiations relating to U.S. foreign affairs
Advises the President on the appointment of U.S. ambassadors, ministers, consuls, and other diplomatic representatives
Always wears a fierce pant suit.

38. BACK
SECRETARY OF STATE CLINTON: 10:30 a.m.  Secretary Clinton presents Lynne Tracy with the Secretary's Award for Heroism, at the Department of State. (OPEN PRESS COVERAGE IN THE TREATY ROOM) Pre-set time for cameras: 9:45 a.m. from 23rd Street Entrance. Final access time for writers and still photographers: 10:15 a.m. from 23rd Street Entrance. For more information, click here. 11:00 a.m.  Secretary Clinton hosts the Portrait Unveiling Ceremony and Reception in Honor of Colin Powell, Former Secretary of State, at the Department of State. (OPEN PRESS COVERAGE IN THE BEN FRANKLIN ROOM) Pre-set time for cameras: 9:45 a.m. from 23rd Street Entrance. Final access time for writers and still photographers: 10:30 a.m. from 23rd Street Entrance. For more information, click here. 11:30 a.m.  Secretary Clinton attends President Obama’s Bilateral Meeting with His Excellency Recep Tayyip Erdogan, Prime Minister of Turkey, at the White House. (MEDIA TO BE DETERMINED BY WHITE HOUSE) 12:15 p.m.  Secretary Clinton attends President Obama’s Working Lunch with His Excellency Recep Tayyip Erdogan, Prime Minister of Turkey, at the White House. (MEDIA TO BE DETERMINED BY WHITE HOUSE) 2:30 p.m.  Secretary Clinton holds a Bilateral Meeting with His Royal Highness Prince Saud Al Faisal, Minister of Foreign Affairs of the Kingdom of Saudi Arabia, at the Department of State. (CAMERA SPRAY PRECEDING BILATERAL MEETING – POOLED COVERAGE FOR CAMERAS) Final access time for writers and still photographers:  2:15 p.m. from the 23rd Street Entrance. 4:00 p.m.  Secretary Clinton holds a Bilateral Meeting with His Excellency Mourad Medelci, Minister of Foreign Affairs of the People’s Democratic Republic of Algeria, at the Department of State. (CAMERA SPRAY FOLLOWING BILATERAL MEETING IN THE TREATY ROOM AT APPROXIMATELY 4:30 P.M.) Pre-set time for cameras: 3:45 p.m. from 23rd Street Entrance. Final access time for writers and still photographers:  4:00 p.m. from C Street Entrance. 6:00 p.m.  Secretary Clinton hosts “Diplomacy at Home for the Holidays” Reception Honoring Employees Serving Unaccompanied Tours and Their Family Members in the Diplomatic Reception Rooms, Newly Decorated for the Holidays, at the Department of State. (OPEN PRESS COVERAGE FOR REMARKS) Pre-set time for cameras: 5:00 p.m. at the C Street Entrance. Final access time for writers and still photographers: 6:00 p.m. at the C Street Entrance For more information, click here. 7:15 p.m.  Secretary Clinton attends a Tribute Dinner Hosted by the U.S. Global Leadership Coalition as the Guest of Honor, at the Grand Hyatt Washington. (OPEN PRESS COVERAGE) Pre-set time for cameras:  4:30 p.m. – 5:00 p.m. Note: All cameras must pre-set during this time to attend. Final access time for writers and still photographers:  6:00 p.m.

39. Electing the President
But how is the president really elected??
There is a lot of encouragement for young people like you to get out and VOTE! MTV ran the campaign Choose or Lose, and many high profile musicians sponsored VOTE or DIE. Either way the message was clear… GET out on voting day and have your vote heard!!

40. The Electoral College
BACK
The Electoral College is the name for the group of people who choose the president and vice president of the United States. This group is made up of electors from the separate states who are selected by the voters in presidential elections.
Each state is entitled to a number of electors equal to the total number of senators and representatives it sends to the Congress of United States. Thus, each state has at least three electors. (Washington D.C. also has three electors) 13 2 15
New Jersey: _____Representatives + __ Senators = ___Electors

41. Here is the electoral map from your worksheet
Here is the electoral map from your worksheet. We will refer to it as we do some practice exercises to discovery how the electoral college works.

42. Winner-Take-All System
New Jersey Votes in Election #1
New Jersey Votes in Election #2
Popular Vote
Electoral Votes
Candidate A
40,231
Candidate B
50,799
Popular Vote
Electoral Votes
Candidate A
66,004
Candidate B
65,035
Candidate B gets ALL 15 Votes
Candidate A gets ALL 15 Votes
Critics of the Electoral College argue that it is not fair that the winner of the popular vote gets ALL of the electoral votes. What do you think?

43. Possible Results in a Presidential Election
National Totals for Presidential Election #1:
Popular Votes
Electoral Votes
Candidate A
30,100,435
204
Candidate B
74,000,387
334 B B B
Who wins the Popular Vote? ______ the Electoral Vote?______ the Election?_______
National Totals for Presidential Election #2:
Popular Votes
Electoral Votes
Candidate A
55,000,424
304
Candidate B
53,856,998
234 A A A
Who wins the Popular Vote? ______ the Electoral Vote?______ the Election?_______

44. Three Presidential Elections Reveal a Glitch in the System
Election of 1876
Popular Votes
Electoral Votes
Rutherford B. Hayes
4,036,298
185
Samuel Tilden
4,300,590
184
Uh-oh!
Election of 1888
Popular Votes
Electoral Votes
Grover Cleveland
5,540,050
168
Benjamin Harrison
5,444,337
233
Election of 2000
Popular Votes
Electoral Votes
George W. Bush
50,461,080
271
Al Gore
50,994,082
266

45. Review!

46. How do you calculate how many electors each state gets?
#of house reps+ #of senate reps
For example: In New Jersey there are 13 Representatives and 2 Senators, giving a total of 15 representatives

47. What does the Executive Branch consist of?
The President, Vice President, EOP, Cabinet, and various groups
The EOP is the Executive offices of the President established by FDR in 1939 in the WEST WING of the White HOUSE. This focuses on communication (Press Secretary)

48. The winner of the popular vote is always elected president.

49. In 2000 George W. Bush won the electoral college, but not the popular vote.

50. Match the following terms:
Appointing Justices
Military
Executive Orders
Diplomatic
Negotiating Treaties
Judicial
Enforcing laws
Executive
Commander in Chief
Legislative

51. Done with Review!

52. The Legislative Branch
“All legislative Powers … shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives”

53. The Legislative Branch
NOW!
THEN…

54. House of Representatives
Issues within the House: Gerrymandering- dividing unfairly and to one's advantage; of voting districts (can be based on race, known political affiliation, etc.
Since House Representatives are based on population, states are divided into evenly populated districts. You elect the representative for ONLY your district. For example, New Jersey has 13 different districts. If you were living in district 8 you would NOT be allowed to vote the representative of district 13.
Based on Population… 3/5 Compromise Elected by the people and serve for two years Assert the SOLE power of impeachment They act as a grand jury
Know your REPS!!
Andrews, Robert E., New Jersey, 1st
Frelinghuysen, Rodney, New Jersey, 11th
Garrett, Scott, New Jersey, 5th
When the House deals with impeachment it is a verb. When the Senate deals with impeachment it is a noun…. An action versus an event.

55. Senate
Menendez and Lautenberg
They have the power to try impeachments. This means they act like a “trial jury” IMPEACH AS A NOUN (impeachment proceedings)
More group oriented and more focused on debate!

56. Differences between the two houses of Congress
Senate
More centralized
Less centralized
The Rules Committee determines the time for debates (OPEN, CLOSED)
Debate by unanimous consent. 60/100 senators needed
Committee decisions more influential
Committee is less influential
Members more specialized
Members more generalist
More specialized groups. Private debate
Floor debate is VERY important

57. Joint Session of Congress
Sometimes it is necessary for there to be a joint –session of congress meaning that both houses (Senate and House of Rep.) meet.
This can happen for special events such as the Inaugural Address or the State of the Union address. Joint sessions can also be extended for foreign dignitaries (lecturers), military leaders, memorials, anniversaries, and historic events. For example: President George W. Bush addressed Congress on September 20, 2001 in response to the attacks from September 11, 2009.

58. A pocket veto is when a president indirectly vetoes a bill
By December 2008, President Bush had only vetoed 12 bills with 30% overridden

59. REGISTER and VOTE!!!!! Congress determines what our laws will be
Congress determines how the nation will raise and spend money
May not agree with everything Congress does
If you don’t like it…

60. How a Bill Becomes a Law
Bill: Any person convicted twice f drunk driving should lose their driver’s license permanently
House of Reps. Bill # HR008
Senate Bill # S1409
Senate COMMITTEE Discusses and votes on bill
House of Reps. COMMITTEE Discusses and votes on bill
Bill goes to the President
President VETOES the bill
President SIGNS the bill
President TABLES the bill for 10 days

61. President VETOES the bill President SIGNS the bill
President TABLES the bill for 10 days
Back to Congress
If Congress is no longer in session at the end of 10 days, the bill does NOT become a law (called a pocket veto)
If Congress is still in session at the end of 10 days, the bill becomes a law
Bill is Law
House of Reps. 2/3 Vote for bill
Senate 2/3 vote for bill
OVERRIDE
The Judicial branch can still involved through the process of judicial review– that is, deciding if the law is (UN) CONSTITUTIONAL
Bill is Law
Bill is Law

62. It is TOUGH to get a bill signed into law. Here is a current example
It is TOUGH to get a bill signed into law. Here is a current example. The Smoking Tweet!
Congress is also trying to OK a bill that will

64. Review!

65. The Legislative Branch is responsible for…
Making the Laws
Enforcing the Laws
Interpreting the Laws
Signing Treaties

66. In electing the President:
The electoral vote is occasionally different from the popular vote
The popular vote is always the same as the electoral vote
The electoral vote is less important than the popular vote

67. Before a law is passed what is it called?
Before a law is passed it is called a Bill. It has to travel through a complex and lengthy process before is can end up as a law.

68. Identify the three branches of government

69. Domestic Affairs are those which occur:
Inside the United States
Outside the United States

70. Foreign Affairs are those which occur:
Inside the United States
Outside the United States

71. The Judicial Branch

72. Supreme Court Timeline
Vernonia vs. Acton 1995
Court weighs in on whether H.S. athletes should be subject to random drug testing
Brown vs. Board of Education 1954
Should public schools be allowed to segregate by race?
New Jersey vs. TLO
1985 Search and seizure provisions for students
1950
1960
1970
1980
1990
Tinker vs. Des Moines Freedom of expression is threatened as students are disciplined for wearing anti-war arm bands
Hazelwood vs. Kulhmeier Students oppose censorship of the school newspaper

73. Brown versus Board of Education
Question: Does the segregation of children in public schools solely on the basis of race deprive the minority children of equal protection of laws guaranteed by the 14th Amendment?
Yes. Despite the equalization of the schools by “objective” factors, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is interpreted as a sign of inferiority. Unanimous opinion by the court.
BACK

74. Tinker vs. Des Moines
Question: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment’s freedom of speech protections?
Yes. Justices upheld Tinker’s right to wear armbands on the grounds that armbands are akin to “pure speech” and entitled to comprehensive protection under the First Amendment.
Justices of dissenting opinion stressed that local authorities, and no court should make such decisions.
BACK

75. New Jersey vs. T.L.O
Does searching a students personal belongings on school ground violate the Fourth and Fourteenth Amendment Rights?
No. The decision for the student was reversed! The Fourth Amendment applies only to unreasonable searches, but school officials need not have a warrant before searching a student under their authority.
Two justices however issued a partial dissent (partial disagreement)
BACK

76. Hazelwood v. Kuhlmeier
Question: Does censorship of student written articles infringe upon first amendment rights?
No. Supreme Court reversed in favor of the school district. They held that a school newspaper was not a forum for public expression and that educators were entitled to exercise control over all school-sponsored publications.
Three justices in dissent argued that 1st Amendment rights had been infringed upon.
BACK

77. Vernonia School District v. Acton
Question: Does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment?
No. The reasonableness of a search is judged by “balancing the intrusion on the individual's Fourth Amendment interests against the promotion of legitimate governmental interests.” In the case of high school athletes who are under state supervision during school hours, they are subject to greater control that over free adults.
BACK