UNITED STATES GOVERNMENT -THE ARTICLES OF CONFEDERATION-THE CONSTITUTION OF THE UNITED STATES OF AMERICA
1. The Declaration of Independence: A. Thomas Paine writes Common Sense (1776): -Argues for American independence. MostAmericans read this book and agree with him. B. Declaration of Independence (1776): Written byThomas Jefferson, John Adams, Ben Franklin, and severalothers. Issued by the Second Continental Congress in July1776. -Declared our independence and created theUnited States of America. -Purpose: Break ties with England and create UnitedStates of America. -Purpose of Gov’t: Protect the rights, liberties of thepeople. -Power comes from the people. -Ideas did not apply to women, slaves, or Indians.
“We hold these truths to be self-evident, that all men are created equal, that theyare endowed by their Creator with certain unalienable Rights, that among these areLife, Liberty and the pursuit of Happiness.--That to secure these rights,Governments are instituted among Men, deriving their just powers from theconsent of the governed, --That whenever any Form of Government becomesdestructive of these ends, it is the Right of the People to alter or to abolish it, and toinstitute new Government”
*After signing the Dec. of Ind., each state drew up itsown constitution. Most states also had a bill ofrights in their state constitutions.CONSTITUTION: A plan of government.BILL OF RIGHTS: A list of essential freedomsguaranteed to citizens.*New York’s Constitution: Written in 1777. -Created 3 branches of government:Legislative: Made the laws New York State flag.Executive: Enforced the lawsJudicial: Judged violations of the laws; interprets the laws. New York State Capital New York State Judicial BranchNew York State Legislature Branch New York State Executive Branch: Gov. Cuomo.
*During the American Revolution, the SecondContinental Congress governed the nation. -It declared independence, directed the wareffort, and made the alliance with France. -However, it had no written authority from thestates or people to exist.THE FIRST NATIONAL GOVERNMENT:*1777: Congress agrees to form aconfederation in order to run the nation. -Congress creates the Articles ofConfederation. -Each state had to ratify this document.CONFEDERATION: A loose union ofindependent states.RATIFY: To approve.*1781: All states ratified the Articles ofConfederation. -The United States government run by theArticles of Confederation.
3. THE NEED FOR CHANGE:-Many problems existed in the U.S. under theArticles of Confederation.-1786: Shays Rebellion: Daniel Shays led aband of Mass. farmers to the state capital. -Many Mass. farmers could not paystate taxes and had lost their land and beenput in jail. They could not sell their crops orrepay their debts. Shays and his followersseized courts in Mass. and tried to capture afederal arsenal to take the weapons. -National gov’t could not stop him.-Shays Rebellion showed the nation how weakthe national gov’t was and that a new gov’twas needed.
C. Three-Fifths Compromise: -Southern states wanted slaves to counttowards state pop., northern states did not. -Under this comp., a slave would count as3/5’s of a person towards pop. 5 slaves = 3 people towards population.
*Ratifying the Constitution: -The work of the convention was done by September, 1787. -The Constitution 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. Alexander Hamilton 1. Anti-Federalists: Led by Thomas Jefferson. Did not want the Constitution. -Believed the central government would be to powerful and wouldtake away the rights of the people.ANTI-FEDERALIST: Opposed the new plan of government. 2. Federalists: Led by James Madison, Alexander Hamilton, and John Jay.They wanted the Constitution. -Responded by saying that the gov’t could not take away rights ofcitizens because states had constitutions that contained bills of rights thatprotected citizens rights, said new gov’t could handle problems in nationssuch as taxes, money, foreign affairs.FEDERALIST: Favored the new plan of government.-Federalist Papers: Essays written by federalists to explain the Constitution and promote itsratification.*1788: 9th state ratifies the Constitution and it goes into effect.
THE CONSTITUTION:By June, 1788, 9 states had ratified theConstitution and it went into effect. -September, 1788: Congress underthe Articles of Confederation approvedNYC as the capital and set a date forJanuary for states to select presidentialelectors. -February, 1789: Electors voted forPresident and Vice President. -President: GeorgeWashington; Took oath of office inApril, 1789 -Vice President: John Adams -By 1790, all 13 states had ratified it. -1789: 12 amendments proposed; 10approved in 1791 and became known asthe Bill of Rights.
PRINCIPLES OF THE UNITED STATES CONSTITUTION:-When the Constitution was written, the Founding Fathers included certain principlesof 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 isclear that the power and authority of the gov’t comes from the American people. “We, the People of the United States ….”
2. LIMITING THE POWER OF GOVERNMENT: The Founding Fathers did notwant the national government to have to much power. The Constitution included theconcept 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.3. SHARING OF POWER: Under the Constitution, states had to give up some oftheir power to the new national gov’t. This division of power is known asFEDERALISM.FEDERALISM: A system of gov’t in which power is divided between the nationalandstate governments.
NATIONAL GOV’T ONLY: STATE GOV’T ONLY: BOTH GOVERNMENTS:
4. SEPARATION OF POWERS: The Founding Fathers further limited the power ofgov’t by dividing it into 3 branches: legislative, executive, and judicial. This is knownas a SEPARATION OF POWERS.SEPARATION OF POWERS: The duties and responsibilities of gov’t are dividedinto 3 separate but co-equal branches.LEGISLATIVE: EXECUTIVE: JUDICIAL:Makes the laws Enforces the laws Interprets the laws(CONGRESS) (PRESIDENT) (COURTS)
5. PROTECTING AGAINST TYRANNY: The Founding Fathers created a gov’t inwhich each branch has some way to check or control the other two branches. Thislimits the power of gov’t and prevents the abuse of power. This is known as CHECKSAND 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.” -James MadisonA. Judicial Branch: The US Supreme Court has the power of judicial review. They candeclare a law or action of gov’t unconstitutional.JUDICIAL REVIEW: Power of the courts to determine whether legislative andexecutive actions are in accordance 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 ofthe articles in the Constitution. -Currently, 27 amendments have been made.
PREAMBLE: Introduction to the Constitution that establishes the major goals of theConstitution. 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 thatwe have freedom for ourselves and future Americans) _______________ ____________________ _______________ ______________ ____________ ________________________________ ____ _________________________ _____________________________________________________________
ARTICLES: 7 articles that established and organized the national government. Theyprovide 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 statepopulation. Called Representatives. -Senate: Elected for 6 year term of office, must be 30 years old, citizen for 9 years, andlive in state. 2 per state. Called Senators. -Powers: Make laws, levy taxes, print and coin money, borrow money, create federalcourts, 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 forcarrying into execution its powers.
ARTICLE 2: EXECUTIVE BRANCH -Establishes the Executive Branch with the President and Vice President and sets itspowers, duties, responsibilities, and limits. -President: Elected for 4 year term, maximum 2 terms of office. Must be natural-borncitizen, 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 andother federal positions, call special sessions of Congress, can grant pardons and reprieves, andcoordinate 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 forconstitutionality. If laws or action go against Constitution, courts can void. This power is calledJUDICIAL REVIEW. Courts conduct trials and sentence convicted persons.JUDICIAL REVIEW: Power of the courts to determine whether legislative and executiveactions are in accordance with the Constitution.
ARTICLE 4: THE STATES AND THE FEDERAL GOVERNMENT -Declares equality among the states, admission of new states, and provides guaranteesto 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 theoriginal 13 states.
THE AMENDMENTS TO THE CONSTITUTION: -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.2. National convention called by 2. Ratified by conventions held inCongress when requested by 2/3 ¾ of the states.of state legislatures.
AMENDMENT 1: Congress shall make no law respecting an establishment of religion, orprohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or theright of the people peaceably to assemble, and to petition the Government for a redress ofgrievances. -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 whenpeople and assemble.
AMENDMENT 2: A well regulated Militia, being necessary to the security of a free State, theright 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 the1700 and 1800’s for militia units to have their own weapons. Since this need is no longercurrent, 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 theowner’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 housesshall not be violated; papers and belongings are protected against unreasonable searches andseizures. No search warrants may be issued without probable cause supported by oath orstatement. The warrant must describe the place to be searched and the persons or things to becaptured or seized.
AMENDMENT 5: No person can be brought to trial for a capital or other major offense withouta grand jury bringing an indictment or written charges. The exception is in cases involving thearmy, navy, or militia when in service during war or public danger. No person will be subject todouble jeopardy (being brought to trial twice) for the same offense, and cannot be forced in acriminal trial to be witness against himself. No person can be executed, imprisoned, or propertyseized without due (formal) process of law; private property cannot be taken without justcompensation.
AMENDMENT 6: The accused is entitled to a speedy trial in open court; he is to be tried in thestate and district where the crime was committed; he has the right to know the charges madeagainst him, to confront the witnesses testifying against him, to require testimony from witnesseswho 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 aright 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; crueland 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 becausethey have not been included.AMENDMENT 11: (Adopted in 1798) A state cannot be sued by citizens of another state orforeigners.AMENDMENT 12: (Adopted in 1804) Electors were now to cast separate ballots for presidentand 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 vicepresidential candidate received a majority of electoral votes, the Senate would choose from thetop two candidates. If a president was not chosen by March 4, the vice president was to serve aspresident until the choice was made. A person not eligible to be president was not eligible to bevice president.
AMENDMENT 13: (Adopted in 1865) Slavery and other forms of involuntary labor, except aspunishment for crime, shall not exist in the United States or in any place controlled by the UnitedStates.AMENDMENT 14: (Adopted in 1868) All born or naturalized in the United States and subjectto its authority are citizens of the United States and of the state where they reside. No state canmake 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 ofrace, color, or because he had been a slave.