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Ch. 3 The Constitution
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Constitutional Convention 1787 in Philadelphia 55 delegates from 12 states (absent - Rhode Island) Purpose: Revise the Articles of Confederation
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Delegates White businessmen Two important qualities: Education and Experience
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Founding Fathers Present Benjamin Franklin Alexander Hamilton James Madison George Washington (presided)
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Founding Fathers Absent Thomas Jefferson
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Representation in Congress
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Large states wanted representation based on population.
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Small states wanted equal representation no matter the population.
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Two Houses 1. One based on population – “House of Representatives” 2. One based on equal representation – “Senate”
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How to count slaves in state’s population
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Southern States want to count their slaves as part of their population.
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Northern States did not want to count slaves in order to keep control of Congress.
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Three-Fifths Compromise Each slave would count as 3/5’s of other persons.
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How to elect a President
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Some felt that Congress should elect the President. The average person does not know enough to elect a President.
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Others felt that the citizens should elect the President.
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“Electoral College” Citizens would vote for electors and the electors would elect the President
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National Government Becoming too Powerful
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Anti-Federalists afraid states would lose power and people would lose rights.
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Federalists felt a strong national government was the only way to survive.
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Bill of Rights Religion Assembly Speech Petition Press
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June 21, 1788, New Hampshire becomes the ninth state to ratify.
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We Have a Constitution.
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https://www.youtube.com/watch?v=Ceb1wkSamG4 Liberty Kids: We the People
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Constitution Structure Preamble Articles Amendments
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Preamble Introduction to the Constitution
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Preamble Goals “form a more perfect Union” States operate as a single country for the benefit of all Examples: U.S. Postal System, U.S. coins and paper money
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Preamble Goals “establish Justice” All citizens are treated fairly and equally Examples: Court system, Jury System
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Preamble Goals “insure domestic tranquility” Keep peace among the people Examples: National Guard, Federal Marshals on planes
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Preamble Goals “provide for the common defense” Maintain armed forces to protect the country and its citizens from attack Examples: Army, Navy
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Preamble Goals “promote the general Welfare” As much as possible, citizens will be free of poverty, hunger, and disease Examples: Clean air, better roads, Education
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Preamble Goals “secure the Blessings of Liberty to ourselves and our Posterity” No American’s basic rights will be taken away now or in the future Examples: National Council on Disability, Commission on Civil Rights
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Articles 1 st Article Legislative (Congress) 2 nd Article Executive 3 rd Article Judicial
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Articles 4 th Article Relationship between states and national government 5 th Article Changing the Constitution
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Articles 6 th Article General provisions about the government “Supremacy Clause” 7 th Article The Constitution needs nine states to approve it before it goes into effect
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Amendments Changes to the Constitution There are 27 amendments to the present Constitution
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Three Branches of Government Executive President (Enforces laws) Legislative Congress (Makes laws) Judicial Court System (Interprets laws)
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Executive Appoints judges Veto Legislation Make Treaties
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Legislative Override veto Impeach President and Judges Refuse to approve treaties Reject appointment of judges
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Judicial Declare laws unconstitutional Declare acts of President unconstitutional
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The Constitution’s Big Five Ideas 1.limited government 2.checks and balances 3.federalism 4.separation of powers 5.popular sovereignty
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1) Limited Government Belief that the government must not be permitted to do certain things Ex. Police need a warrant to enter your home. The government can't torture you. The government must give you a jury trial.
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2) Checks and Balances Keeps any branch from becoming too powerful. Each branch can check, or limit, the power of the others.
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3) Federalism The system in which power is shared between the states and the national (federal) government
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4) Separation of Powers Idea taken from Baron Montesquieu Three branches of Government Executive Legislative Judicial
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5) Popular Sovereignty People should have the right to rule themselves
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3 Types of Powers
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1) Enumerated Powers Powers given to the national government Ex: Pass all laws necessary and proper to carry out its powers (elastic clause)
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Enumerated Ex. Conduct foreign affairs Raise and support an army Regulate trade
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Enumerated Ex. Coin and print money Establish a postal system
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2) Reserved Powers given to state government Ex: Establish local governments Establish a public school system Conduct elections
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3) Concurrent Powers shared by state and national governments Ex: Enforce the laws Establish courts Collect taxes
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Supremacy Clause Constitution is the “supreme law of the land” If any conflict between national and state laws, the national law wins
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