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The United States Constitution
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Path to the Constitution
After declaring independence from Great Britain, the colonies knew that if they wanted to grow and prosper, they would need a plan for unity. Effective March 1, 1781, the colonies were governed by the Articles of Confederation. Magna Carta 1215 English Bill of Rights 1689 Articles of Confederation 1781 Declaration of Independence 1776 Mayflower Compact 1620 After declaring independence from Great Britain, the colonies knew to grow and prosper, they needed a plan for unity. Effective March 1, 1781, the colonies were governed by the Articles of Confederation. Thomas Jefferson Author of the “Declaration of Independence”
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Path to the Constitution
The Articles of Confederation posed many challenges. The powers of the central government were weak and the Articles were impossible to amend. John Adams Founding Father and 2nd President Articles of Confederation 1781 The Federalist Papers United States Constitution 1788
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Why was the Constitution written?
Shays’ Rebellion: An uprising of farmers in Massachusetts in 1786 – led by Daniel Shays. Helped convince leaders that a strong central government was needed. "A scene at Springfield, during Shay's Rebellion, when the mob attempted to prevent the holding of the Courts of Justice."—E. Benjamin Andrews, 1895
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United States Constitution
Path to the Constitution In May of 1787, delegates from each state met to write a new Constitution. Through discussion and debate over issues like states’ rights, individual rights, and the power of the national government, a compromise was made and the result became the “law of the land,” the U.S. Constitution. James Madison “Father of the Constitution” United States Constitution 1788 The Bill of Rights 1791 Amendments 11-27
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Constitutional Convention
Met in Philadelphia, PA Original intent was to revise the Articles of Confederation James Madison was the “Father of the Constitution” 39 men signed it in 1787
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Constitutional Convention: Members
55 delegates from 12 states (Rhode Island did not send delegates) White Males Statesmen, lawyers, planters. bankers, businessmen Most under age 50
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Constitutional Convention: Absent
John Adams - ambassador to England Thomas Jefferson - ambassador to France Patrick Henry - “smelled a rat” Samuel Adams - not chosen by state to be part of the delegation
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Constitutional Convention: Famous Members
Alexander Hamilton – Proponent of strong government George Washington – President of the convention James Madison – “Father of the Constitution” Benjamin Franklin – Oldest member at 81
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Federalists v. Anti-Federalists
Supported the Constitution and a strong central government Alexander Hamilton, James Madison, John Jay Federalist Papers – series of articles written in defense of the Constitution Anti-Federalists: Supported a weaker central government – felt too much power was taken away from the states Opposed the Constitution Wanted a Bill of Rights included Samuel Adams, Patrick Henry
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Celebrate the Constitution
Popular Sovereignty “The Constitution is the guide which I never will abandon George Washington September 17, 1787 was a glorious day! The U.S. Constitution was finally signed by the delegates of the Constitutional Convention. The Constitution included a strong central government based on compromise; it outlined national powers and provided provisions for amending the Constitution. Checks and Balances Limited Government Separation of Powers George Washington President of the Constitutional Convention and 1st President
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Ratification Officially adopted in 1788 after ratified by New Hampshire. Once the new government convened, they added a Bill of Rights to the Constitution.
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A Living Document Because there was so much interest and debate regarding individual rights, on December 15, 1791, ten amendments known as the Bill of Rights were added to the U.S. Constitution. Since then, seventeen more amendments have been added to the Constitution. Federalism Benjamin Franklin Signer of the Constitution and Founding Father Individual Rights Republicanism
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Celebrate the Constitution Today
Today, the “law of the land” is still the U.S. Constitution. It has sustained controversial issues, a civil war, and the changes that 200 years of American society brings. But it is strong and enduring. The Constitution of the United States was made not merely for the generation that then exist, but for the posterity - unlimited undefined, endless, perpetual posterity -Henry Clay ( ) American statesman - U.S. Congressman and Senator
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Constitution Vocabulary
Ratify: To agree to, to sign, to approve Amend: To add to, to change Veto: To refuse to sign, to reject Bill: A proposed law Suffrage: The right to vote Bicameral: 2 house legislature (2 house Congress) Impeach: To accuse of wrongdoing
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Strict Interpretation
A Living Document Loose Interpretation A.K.A. “Loose Construction of Constitution” Interpretation of Constitution must be flexible People change, society changes, technology changes--Constitution must adapt What the Constitution doesn’t say EXPLICITY, the branches of government can do Who supports a loose interpretation? Answer: Federalists, Liberals Strict Interpretation A.K.A. “Strict Construction of Constitution” Constitution should remain the constant The Constitution must be the measure of social, ethical, and moral change Government can ONLY do what the Constitution EXPLICITLY says Who supports a strict interpretation? Answer: Anti-Federalists, Conservatives
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A Living Document The Constitution is both a product of its time and a document for all time. It can be changed as society’s needs change.
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A Document for All Time Original Constitution a product of its time
Reflects wisdom and biases of the Framers; relatively few changes in over 220 years Survived the Civil War, presidential assassinations, and economic crises to become world’s oldest written constitution Original document not perfect Perpetuated injustices with compromises permitting slavery and the slave trade States given power to set qualifications for voting; women, nonwhites, and poor people denied right to vote Decisions reflected societal attitudes of the times Ability to incorporate changing ideas of freedom and liberty keeps document relevant to each new generation since 1789
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A Constitution for All Generations
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The Constitution is the Blueprint
4,500+ words Constitution blended ideas from the past with uniquely American principles of governing Three main parts: 1) Preamble – lists purposes of Constitution (broad goals) 2) The 7 articles – create structure of the U.S. government 3) The 27 amendments – changes added during the nation’s history Basic principles Structure and language expresses six basic principles: Popular sovereignty Limited government Separation of powers Checks and balances Judicial review Federalism Framers believed if federal government reflected and remained true to basic principles, goals of U.S. Constitution could be accomplished.
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Popular sovereignty
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Article 1 – Powers Denied to Congress:
Limited government Article 1 – Powers Denied to Congress: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…
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Judicial Review: Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch.
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Federalism The powers of government are distributed between the national government and state governments Framers struggled to find acceptable distribution of powers with the rights of states and sufficient national government strength
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Powers of National Government Powers of State Governments
Federalism Powers of National Government Powers of State Governments Enumerated powers: Items found in Article I, Section 8 of the U.S. Constitution that set forth the powers of Congress. Delegated Powers: Powers given specifically to the federal government by the Constitution Concurrent Powers (Shared Powers): Authority shared by both the federal government and the state governments Reserved Powers: Powers not given to the federal government that can be used by a state or local government
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Structure of the Constitution
Preamble: Statement of purpose Articles: I: Legislative Branch II: Executive Branch III: Judicial Branch IV: Relations Among the States V: Amendment Process VI: National Supremacy VII: Ratification Amendments: 27 Total 1st ten are the Bill of Rights
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The Preamble
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How the Constitution is Divided
1. Articles – the major divisions 2. Sections – divisions of an article 3. Clauses – divisions of a section
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Article I: Legislative Branch
Section 1: What is a Congress? Legislative (law-making) power in a bicameral legislature [2 houses: Senate and House of Representatives] Section 2: House of Representatives
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Article I: Legislative Branch
Section 3: Senate Section 4: Meetings of Congress Section 5: Rules and Procedures Section 6: Privileges and Restrictions
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Article I: Legislative Branch
Section 7: How a Bill Becomes a Law Section 8: Powers of Congress Section 9: Powers Denied to Congress Section 10: Powers Denied to States
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Article 2: Executive Branch
Section 1: President and Vice President Section 2: Powers of the President Section 3: Duties of the President Section 4: Impeachment
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Article 3: Judicial Branch
Section 1: Federal Courts Section 2: Jurisdiction of Federal Courts Section 3: Treason
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Article 4: Relations Among the States
Section 1: Official Acts Section 2: Privileges of Citizens Section 3: New States Section 4: Guarantees of the States
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Article 5: The Amendment Process
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Article 6: National Supremacy
Section 1: National Debt Section 2: National Supremacy Section 3: Oath for Government Officials
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Article 7: Ratification
9 states needed to ratify the Constitution Signed September 17, 1787
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