The Founding and the Constitution 1 Commemorate constitution day (extra credit)
Declaration of Independence Articles of Confedration U.S. Constitution 9/19/2011 2 The Founding and the Constitution
Clicker question 9/19/2011 3 Which do you agree with the most?A. In order to curb terrorism in this country, it will be necessary to give up some civil liberties. B. We should preserve our freedoms above all, even if there remains some risk of terrorism?
Clicker question 9/19/2011 4 Which do you agree with the most?A. Everyone should be required to carry a national identity card at all times to show to a police officer upon request. B. Being required to carry an identity card would violate people’s freedom of association and right to privacy.
Clicker question 9/19/2011 5 Which do you agree with the most?A. It should be a crime for anyone to belong to or contribute money to any organization that supports international terrorism. B. A person’s guilt or innocence should not be determined only by who they associate with or the organizations to which they belong.
Clicker question 9/19/2011 6 How do you believe the Founding Fathers would view the contemporary U.S. Government? a. Strongly approveb. Approve, but with some concernsc. Disapproved. Strongly disapprove
Clicker question 9/19/2011 7 How should the Constitution be interpreted? a. As the Founders intendedb. As a living documentc. However our current leaders need to interpret it.d. We should get rid of it and start again.
Clicker question 9/19/2011 8 Do you believe the U.S. Constitution with its included amendments would be ratified by a majority of Americans if put forward as a referendum during the next election?A. YesB. No
Human beings possess rights that cannot be legitimately given away or taken from them. People create government to protect these rights. If government fails to protect people’s rights or itself becomes a threat to them, people can withdraw their consent from that government and create a new one. Omissions? Slaves, Women, Native Americans, Free African Americans 9 “Revolutionary” Declaration of independence
America’s First Written Constitution Represented a loose confederation of independent states with little power in the central government. State Sovereignty – States are supreme, national government was limited in power Unicameral– The central government was based entirely in Congress. No EXECUTIVE – Execution of laws was to be left to individual states. Congress was very weak. Given the power to declare war and make peace, coin and borrow money, regulate trade with Native Americans. COULD NOT levy taxes or regulate commerce among states 10 articles of confederation
Power under British rule was too centralized (in King George) Power under the Articles was too DE-centralized. In designing the federal government at the Constitutional Convention, the delegates wanted to give energy and decisiveness to the national level government. But, they were still fearful of centralized power so divided the power up – Separation of Powers, Checks and Balances… 11 Empowering the federal government
The framers’ economic interests were reinforced by their philosophical and ethical principles. They sought to create a government to promote commerce and to protect property. They hoped to fashion a government less susceptible than existing state and national regimes to populist forces hostile to the interests of the commercial and propertied classes. 12 Marriage of interests and principles
35were members of legal profession 3were physicians Almost 50% were college graduates 7were former chief executives of their states 6were large plantation owners 8were important businessmen 100% were Male, White, Upper-Class, and all but 2 were Protestant (the 2 were Catholic). 13 Who were the delegates? (55 attended, 39 signed)
Two factions emerged: Virginia Plan Bicameral legislature Representation based on population New Jersey Plan Unicameral legislature Representation equal for each state Connecticut (Great) Compromise Bicameral legislature Upper House: equal representation Lower House: based on population Representation in Congress 14 The great compromise
Two primary questions concerning slavery: Should the slave trade end? If not, how should slaves be counted for purposes of representation in the lower chamber of Congress? Three-Fifths Compromise Southern states would be allowed to count three-fifths of their slaves for purposes of representation Under a 1 for 1 scheme, if states were granted 1 rep. per 10,000 people and Virginia had 50,000 slaves they would receive 5 representatives Under the 3/5 compromise, Virginia would receive only 3 representatives (3/5 of 50,000) 15 3/5ths compromise
The Founding and the Constitution 16 Separation of powers
The Founding and the Constitution 17 Checks and balances
Congress voted in 1789 to submit 12 amendments to the states for ratification. Only 10 passed – these became the “Bill of Rights.” The first 2 dealing with the size and compensation of Congress did not pass. Natural Rights!!! – Didn’t think they were “creating” rights, rather “recognizing” natural rights. 18 Bill of rights and legitimacy
1. Freedom of Religion, Speech, Assembly, Petition, and the Press 2. Keep and Bear Arms 3. No forced quartering of troops 4. No unlawful Searches and Seizures 5. “Due Process of Law,” Double Jeopardy, Self-incrimination 6. Rights of Accused – Speedy and Public Trial 7. Rules of Common Law 8. No “Cruel and Unusual” Punishments 9. Rights not enumerated are still secure 10. Powers not delegated to the federal government are “reserved” to the Statesand the citizens of those States. 19 Bill of rights (first 10 amendments)
Clicker question 9/19/2011 20 Which of the following concepts best explains the underlying reason for the Bill of Rights?A. Checks and balancesB. Separation of powersC. Limited governmentD. Rule by government