* CONSTITUTIONAL CONVENTION : A Distinguished Gathering -Delegates met in Philadelphia . (Independence Hall) -Began on May 25, 1787. - George Washington chosen to be leader of convention. -Most delegates had taken part in the Revolution in some way. - James Madison : Delegate from Virginia. Became known as the “Father of the Constitution.” -Alexander Hamilton: Delegate from New York
* Proposals for a New Government : -Delegates agreed to get rid of the Articles and create a whole new gov’t. -2 plans presented by delegates A. The Virginia Plan: -Presented by James Madison and delegates from Virginia. -Proposed a federal system of gov’t. -3 Branches: 1. Legislative: ( Congress ) Make the laws . 2. Executive: ( President ) Enforce laws . 3. Judicial: ( Courts ) Interpret the laws . -Bicameral Legislature: 1. Lower House: Rep. elected by people. 2. Upper House: Selected by lower house. -# of reps. would be based on state population. -Favored larger states. FEDERAL : A form of gov’t in which states keep certain powers but give final authority to a central gov’t. James Madison : “Father of the Constitution”
* Ratifying the Constitution : -The work of the convention was done by September, 1787. -The Constitution was sent to every state government to be discussed and voted on. - 9 states out of the 13 had to ratify it in order for it to become effective. -A conflict emerges over the Constitution. Federalist vs. Anti-Federalist. 1. Federalists : Led by James Madison, Alexander Hamilton, and John Jay. They wanted the Constitution. 2. Anti-Federalists : Led by Thomas Jefferson. They did not want the Constitution. FEDERALIST : Favored the new plan of government. ANTI-FEDERALIST : Opposed the new plan of government. Alexander Hamilton
Policies favorable to trade, business, and finance.
A national bank.
Strong ties with Great Britain, but not with France.
Limited national government.
Gov’t controlled by ordinary citizens.
Policies favorable to farmers, artisans, and skilled workers.
Strong ties with France, but not with Great Britain.
Thomas Jefferson James Madison
- Anti-Federalists : Believed the central government would be to powerful and would take away the rights of the people. - Federalists : Responded by saying that the gov’t could not take away rights of citizens because states had constitutions that contained bills of rights that protected citizens rights, said new gov’t could handle problems in nations such as taxes, money, foreign affairs. -Federalists wrote series of essays to promote the new Constitution. Essays called the Federalist Papers . - Federalist Papers: Essays written to explain the Constitution and promote its ratification. *1788: 9th state ratifies the Constitution and it goes into effect. * Americans Prepare for the New Government : -Under the Constitution, the new gov’t would be based in New York City . -Elections were planned for states to select their senators, representatives, and members of the Electoral College.
By June, 1788 , 9 states had ratified the Constitution and it went into effect. -September, 1788: Congress under the Articles of Confederation approved NYC as the capital and set a date for January for states to select presidential electors. -February, 1789: Electors voted for President and Vice President. -President: George Washington ; Took oath of office in April, 1789 -Vice President: John Adams -By 1790, all 13 states had ratified it. -1789: 12 amendments proposed; 10 approved in 1791 and became known as the Bill of Rights .
PRINCIPLES OF THE UNITED STATES CONSTITUTION: -When the Constitution was written, the Founding Fathers included certain principles of government that reflect some of the fundamental values of our democratic system. 5 PRINCIPLES OF THE UNITED STATES CONSTITUTION: 1. POPULAR SOVEREIGNTY: Based on the preamble to the Constitution, it is clear that the power and authority of the gov’t comes from the American people.
LIMITING THE POWER OF GOVERNMENT: The Founding Fathers did not want the national government to have to much power. The Constitution included the concept of Limited Government . Under this idea, the national government:
a. does not have absolute authority . (The people do.)
b. may only do those things that the people have given it the power to do.
c. must obey its own laws . (No one is above the law.)
d. must follow the Constitution .
SHARING OF POWER: Under the Constitution, states had to give up some of their power to the new national gov’t. This division of power is known as FEDERALISM .
FEDERALISM : A system of gov’t in which power is divided between the national and
NATIONAL GOV’T ONLY : STATE GOV’T ONLY : BOTH GOVERNMENTS :
5. PROTECTING AGAINST TYRANNY: The Founding Fathers created a gov’t in which each branch has some way to check or control the other two branches. This limits the power of gov’t and prevents the abuse of power. This is known as CHECKS AND BALANCES .
CHECKS AND BALANCES : The ability of each branch of government to check, control, or limit the power of the other branches.
“ The accumulation of all powers, legislative, executive,
and judiciary, in the same hands, whether one, a few,
or many is the very definition of tyranny.”
Judicial Branch: The US Supreme Court has the power of judicial review. They can declare a law or action of gov’t unconstitutional.
JUDICIAL REVIEW : Power of the courts to determine whether legislative and executive actions are in agreement with the Constitution.
UNCONSTITUTIONAL : In violation of the US Constitution.
THE UNITED STATES CONSTITUTION : **ORGANIZATION OF THE CONSTITUTION** The United States Constitution is organized into 3 sections. 1. Preamble : Introduction to the Constitution. -States the goals of the national government. 2. Articles : Organizes the national government. -7 articles which organize and guide the national government. 3. Amendments : Changes to the US Constitution. -Changes that either add to or take away from the original wording of the articles in the Constitution. -Currently, 27 amendments have been made.
PREAMBLE : Introduction to the Constitution that establishes the major goals of the Constitution. 1. In order to form a more perfect union. (Promote unity among states) 2. Establish justice. (Court system to administer justice) 3. Insure domestic tranquility. (Create peace in the states) 4. Provide for the common defense. (Military to protect nation) 5. Promote the general welfare. (Do things to help/protect people) 6. Secure the blessings of liberty to ourselves and our posterity. (Ensure that we have freedom for ourselves and future Americans) ____________________ _______________________________________ ________________________________ _______________ _______________ ______________ ____________ _________________________ ______________________ ____
ARTICLES : 7 articles that established and organized the national government. They provide a framework and guidelines for the gov’t to operate under. ARTICLE 1: LEGISLATIVE BRANCH (Makes the laws) ARTICLE 2: EXECUTIVE BRANCH (Enforces the laws) ARTICLE 3: JUDICIAL BRANCH (Interprets the laws) ARTICLE 4: THE STATES AND THE FEDERAL GOVERNMENT ARTICLE 5: AMENDING THE CONSTITUTION ARTICLE 6: SUPREMACY OF FEDERAL LAWS ARTICLE 7: RATIFICATION OF THE CONSTITUTION
ARTICLE 1 : LEGISLATIVE BRANCH -Establishes Congress as a bicameral legislature and sets its powers, duties, responsibilities, and limits. -Congress: House of Representatives and the Senate. -House of Representatives: Elected for 2 year term of office, must be 25 years old, citizen for 7 years, and live in state they are running for. # for each state based on state population. Called Representatives. -Senate: Elected for 6 year term of office, must be 30 years old, citizen for 9 years, and live in state. 2 per state. Called Senators. -Powers: Make laws, levy taxes, print and coin money, borrow money, create federal courts, approves Presidential appointments, declares war, supports armed forces,, ratifies treaties, sets trade regulations, overrides presidential veto, impeaches or removes judges and president. -”Elastic Clause”: Congress has the power to make laws necessary and proper for carrying into execution its powers.
ARTICLE 2 : EXECUTIVE BRANCH -Establishes the Executive Branch with the President and Vice President and sets its powers, duties, responsibilities, and limits. -President: Elected for 4 year term, maximum 2 terms of office. Must be natural-born citizen, 35 years of age, citizen for 14 years. -Powers: Enforces federal laws and treaties, propose legislation, veto legislation, commander of armed forces, appoints federal judges, recommends appointments for cabinet and other federal positions, call special sessions of Congress, can grant pardons and reprieves, and coordinate work of agencies under the Executive Branch.
ARTICLE 3 : JUDICIAL BRANCH -Establishes the Judicial Branch with the Supreme Court and other federal courts. -Judges appointed by the President with the approval of the Congress. -Judges hold office for life or unless removed by Congress. -Powers: Shall interpret legislation of Congress and Presidential action for constitutionality. If laws or action go against Constitution, courts can void. This power is called JUDICIAL REVIEW. Courts conduct trials and sentence convicted persons. JUDICIAL REVIEW : Power of the courts to determine whether legislative and executive actions are in agreement with the Constitution.
ARTICLE 4 : THE STATES AND THE FEDERAL GOVERNMENT -Declares equality among the states, admission of new states, and provides guarantees to the states. ARTICLE 5 : AMENDING THE CONSTITUTION -Establishes the procedures for amending or changing the Constitution. ARTICLE 6 : SUPREMACY OF FEDERAL LAWS -Declares that the Constitution is the Supreme Law of the land. -National laws must be obeyed above state or local laws. ARTICLE 7 : RATIFICATION OF THE CONSTITUTION -Established the procedure for the original ratification of the Constitution by the original 13 states.
-The Founding Fathers knew that society would change over time and that the Constitution would need to change to reflect changes in society. They provided a way to change the Constitution. This process is called the Amendment Process.
AMENDMENT : A change to the original Constitution.
-Due to this flexibility and ability to change, the Constitution is known as a LIVING DOCUMENT because it can be changed.
-Very difficult process: In over 200 years, there have been over 12,000 proposals to amend the Constitution. Only 27 have been accepted. The first 10 were passed in 1791 and are known as the Bill of Rights.
-In 1789, Bill of Rights was proposed; Ratified in 1791.
FORMAL AMENDMENT PROCESS : There are 2 ways to propose an amendment and 2 ways to ratify an amendment.
PROPOSALS : RATIFICATION :
1. 2/3 vote in Congress 1. Ratified by State legislatures in ¾ of the states.
National convention called by 2. Ratified by conventions held in
AMENDMENT 1 : Congress shall make no law respecting an establishment of religion , or prohibiting the free exercise thereof; or abridging the freedom of speech , or of the press , or the right of the people peaceably to assemble , and to petition the Government for a redress of grievances . -An “established” church was a national church supported by tax money. -Freedom of speech and press may be limited if they create a danger to public safety, health, or morals. -Peaceable assembly may require a permit, and limits may be set on where and when people and assemble.
AMENDMENT 2 : A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms , shall not be infringed. -ANTI-GUN GROUPS: They say that this amendment is based on the needs of the 1700 and 1800’s for militia units to have their own weapons. Since this need is no longer current, restrictions need to be placed on guns in order to reduce violence. -PRO-GUN GROUPS: They say people have the right to keep and carry arms.
AMENDMENT 3 : In times of peace, troops cannot be quartered in private homes without the owner’s consent, nor can it be done in wartime except in a manner set by law. -This was included due to what the British did to the colonists.
AMENDMENT 4 : The people’s right to have security for their own bodies and in their houses shall not be violated; papers and belongings are protected against unreasonable searches and seizures . No search warrants may be issued without probable cause supported by oath or statement. The warrant must describe the place to be searched and the persons or things to be captured or seized.
AMENDMENT 5 : No person can be brought to trial for a capital or other major offense without a grand jury bringing an indictment or written charges . The exception is in cases involving the army, navy, or militia when in service during war or public danger. No person will be subject to double jeopardy (being brought to trial twice) for the same offense, and cannot be forced in a criminal trial to be witness against himself . No person can be executed, imprisoned, or property seized without due (formal) process of law ; private property cannot be taken without just compensation .
AMENDMENT 6 : The accused is entitled to a speedy trial in open court ; he is to be tried in the state and district where the crime was committed ; he has the right to know the charges made against him , to confront the witnesses testifying against him , to require testimony from witnesses who can testify for him , and to have legal counsel for his defense .
AMENDMENT 7 : In civil suits where the amount disputed is over $20.00, the parties have a right to trial by jury ; any appeal of the jury’s ruling must be judged by common law rules. AMENDMENT 8 : Excessive bail cannot be required ; excessive fines cannot be imposed; cruel and unusual punishments cannot be inflicted .
AMENDMENT 9 : The person has other rights that might not have been listed . AMENDMENT 10 : The states and citizens of the states have not lost their rights just because they have not been included . AMENDMENT 11 : (Adopted in 1798) A state cannot be sued by citizens of another state or foreigners . AMENDMENT 12 : (Adopted in 1804) Electors were now to cast separate ballots for president and vice president . If no candidate for president received a majority of votes, the House was to choose the president from the top three candidates; each state would cast one vote. If no vice presidential candidate received a majority of electoral votes, the Senate would choose from the top two candidates. If a president was not chosen by March 4, the vice president was to serve as president until the choice was made. A person not eligible to be president was not eligible to be vice president.
AMENDMENT 13 : (Adopted in 1865) Slavery and other forms of involuntary labor, except as punishment for crime, shall not exist in the United States or in any place controlled by the United States . AMENDMENT 14 : (Adopted in 1868) All born or naturalized in the United States and subject to its authority are citizens of the United States and of the state where they reside . No state can make or enforce laws that take away the rights and privileges of citizens of the United States. AMENDMENT 15 : (Adopted in 1870) No citizen can be denied the right to vote because of race, color, or because he had been a slave .