1. Ch. 2 The Constitution

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

3. 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.

4. 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

5. 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.

6. III. The Constitutional Convention

7. 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

8. 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.

9. 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.

10. Review Video

11. B. Preventing Tyranny

12. 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

13. 2. Checks and Balances

14. Separation of Powers v. Checks and Balances

15. 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

16. 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.

17. 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.

18. 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?

19. 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.

20. 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.

21. Videos on Federalist #10

22. V. Branches of Government

23. A. Congress

24. 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

25. 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.

26. B. The Executive

27. 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

28. 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.

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

30. 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.

31. Hip Hughes Constitution in one minute