2. Where is all Began
Constitution- a system of basic laws and
principles that established the nature,
functions and limits of a government or other
institution
Always written with a capital “C”
US Constitution is considered “youthful”
3. Where is all Began Cont….
Rules that become laws are a part of any
society
Law- a body of rules promulgated
(established) to support the norms of a
society, enforced through legal means, that is,
punishment.
4. Contributions from the Past
American Law is young. Born in 1776. Most
countries use years and years of tradition and
law to serve them
History is the base on which our law was
constructed
Investigating the events that have led to our
present law will help to better understand both
HOW and WHY we have the laws we do
5. The Great Melting Pot
There are representatives from every culture
in America, and together they share in the
historical development of our country and legal
system. Their desire for something better is
what makes American law unique in serving
the pluralistic society.
6. The Great Melting Pot Cont…
Pluralism- a society in which numerous distinct
ethnic, religious or cultural groups coexist within
one nation, each contributing to the society as a
whole
Native American began to band together in selfdefense against the colonists
Living in a Pluralistic society creates a challenge
to exercise tolerance and respect for the
opinions, customs, traditions and lifestyles of
others
7. Ethnic Population of the colonies in
1775
48.7% English
20% African (slaves)
7.8% Scots-Irish
6.9% German
6.6% Scottish
2.7% Dutch
1.4% French
0.6% Swedish
5.3% Other
*Native Americans were
not on the list because
they were not
considered part of the
colonies
8. 1775 Three groups coexisted in the US
1.
2.
3.
Native Americans
African Slaves
Colonists
The history of the United States has
generally focused on the colonists
The colonists with the most wealth and
power (white, male property holders) are
credited with creating the basic structure of
our country
9. Over time…
Melting pot-several different nationalities
combined into “the American Colonists”
This was encouraged by the vast, unlimited
resources available, as well as the struggle for
survival
Pressure from foreign countries to control them,
dangers posed by Native Americans and
rebellious Slaves, caused them to band together
10. Development and organization
Massachusetts Bay & Virginia entered into
businesslike agreements, charters,
establishing cooperative government
Other colonists entered into compacts with
primarily a religious purpose in establishing
how they chose to govern themselves
11. Development of the United States of
America
Colonists realized their freedom was in
jeopardy from abroad and were not going to sit
idly by while those asserting power to coerce
them into submission
When colonies were confronted with attempts
by Great Britain, Spain, and France to
consume and control the New World,
resistance grew, exemplifying the spirit
associated with the United States
12. Colonial Dissension Grows
Populations began to grow and did differences
between those who saw themselves as free,
independent colonies and those who wanted
to fly a foreign flag over them
Empires positioned themselves politically and
militaristically to expand their boundaries into
the New World
13. Great Britain’s Problems
1st Major problem: continued westward
settlement by colonists and conflict with
Native Americans
2nd Major problem: huge debt resulting from
English military action to expand the empire
British Parliament felt the colonist should share
this debt. Colonies resisted the restrictions to
westward settlement and paying for Britain’s
war debts
14. Great Britain
1765 Stamp Act- required stamps to be
purchased and placed on legal documents
such as marriage licenses and wills, several
commodities, including playing cards, dice,
newspapers and calendars.
Colonists resisted increased taxes because they
felt it was taxation without representation
15. Great Britain
1765 Quartering Act- passed by Parliament
requiring colonists to feed and shelter British
troops in America (3rd Amendment)
1766-Stamped Act was repealed
1770 Boston Massacre- colonists taunted British
soldiers with snowballs, and the soldiers fired
upon them
1773 Boston Tea Party- colonist boarded 3
British ships and dumped cargos of tea
overboard
16. Results of the Boston Tea Party
Parliament passed several laws in retaliation for
an open act of defiance.
Town meeting were
restricted to once a year
The king was required to
appoint people to the
governmental court rather
than have them elected
Quartering Act expanded,
requiring soldiers to be
housed in private homes
and buildings
British officials accused of
crimes in the colonies
could be tried in England
17. 1st Continental Congress
1774, 55 delegates from 12 colonies met in
Philadelphia. The 1st continental congress
resulted in the first written agreement among
the colonies to stand together in resistance
against Britain
18. 1st Continental Congress
1.
2.
3.
Congress agreed on three important actions.
Adopted a set of resolutions that defined the
rights, liberties and immunities of the colonists
Addressed King George III and citizens of
Britain calling for a restoration of American
rights
Established a boycott to prevent the buying of
British goods until Congress’ demands were
met
19. Whose Side Were You On?
Loyalist (Tory)-was someone who bought
British goods. Still paid allegiance to the
British monarchy
Patriot (Rebel)- those who supported the
boycott. Owed their allegiance to America
20. The Tension Mounts
1775- colonies were preparing for the
confrontation with Britain
Minutemen- colonial soldiers that were drilled
and equipped to respond within a minute’s
notice to protect American live, property and
rights
March 1775-Patrick Henry’s plea for freedom.
“Give me liberty or give me death!”
21. The Revolution Begins
April 19, 1775
Waiting minutemen in Lexington saw the British
coming. Shots were fired and 8 American died.
The British then moved to Concord where they
were met again by minutemen
These two battles strengthened the colonists’
resolve toward independence
22. 2nd Continental Congress
Established the Continental Army and named
George Washington its commander
Congress raise money and bought supplies for
the new army. They sought out support from
other countries by opening diplomatic relations.
The colonists were prepared for an all out war
with Britain
Many great battles showed that America’s
people were committed to fight for their
independence. Ticonderoga, Bunker Hill,
Trenton and Saratoga
23. Declaration of Independence
In May, Congress instructed each of the states
to form its own government and assuming
powers of independent states.
July 4, 1776-the Congress unanimously voted
in favor of American Independence.
There were six important sections
24. Declaration of Independence
1.
2.
First paragraph explains
why the Declaration was
issued
Declares all men to be
equal and to have equal
claims to life, liberty and
the pursuit of happiness
Stated the government’s
right to rule is based on
the consent of the
governed
1.
2.
3.
4.
Charges against British
king and how they
denied the American
colonists their rights
Describes the colonists
attempts to obtain
justice and the British
lack of response
Proclaimed
independence
Lists the actions the new
United States of America
could take as a country
25. What was the cost for the Signers?
Those who signed (56
total) were men of
wealth and social
standing
To sign the Declaration
of Independence was an
act of treason,
punishable by death.
Many went on after the
war to illustrious careers,
2 presidents, vicepresidents, senators and
governors
Other were not so
fortunate
9 died in the war
5 captured by the British
18 had their estates
burned or looted by the
British
26. Articles of Confederation
Formally pledged the states to a “firm league of
friendship,” and “a perpetual union” created for
“their common defense, the security of their
liberties” and their “mutual and general welfare”
Established a congress to conduct necessary
tasks of a central government, including waging
war and making peace, controlling trade with the
Indians, organizing a mail service and borrowing
money
27. Articles of Confederation
Inadequacies of this document lead to the
Constitution, but it was an important stepping
stone
The founders feared a concentrated, centralized
political power and was NOT empowered to
Regulate trade
Levy taxes
Draft soldiers
Establish a court system
Regulate money
28. Magna Carta
Considered the most important instrument of
English government
Established the supremacy of the law over the
ruler
The original document King John was forced
to sign it on June 12, 1215
Showed that no one was above the law
29. Moving toward the Constitution
1.
2.
3.
The Magna Carta provided a stable
framework from which to start
It was a step away from total rule by a single
individual
Long history of success
Provided some security and that not
everything needed to start from scratch
30. Moving toward the Constitution
Articles of Confederation were inadequate for
effective government due to the lack of
balance of power between the states and the
central government
1787-Congress called for a convention to
revise the Articles
George Washington was elected to preside
over the meetings
31. Purpose of the Constitution
Was to establish a central government
authorized to deal directly with individuals
rather than states and
To incorporate a system of checks and
balances that would preserve the fundamental
concepts contained in the Magna Carta, that
is, to limit the power of government
To prevent one individual from having
complete power
32. Constitution takes shape
Structure and powers of legislative, executive
judicial branches.
The checks and balance would allow the
system to work, while achieving the primary
goal of limiting power to any individual or
section of the government.
33.
Constitutionalism- a belief in a government in
which power is distributed and limited by a
system of laws that must be obeyed by those
who rule
34. Constitutional Convention –
Who Was There?
55 delegates
8 had signed the
Declaration of
Independence
7 were governors of
their states
39 were
congressmen
More than ½ were
college graduates
1/3 were lawyers
Most held prominent
positions in the
Revolutionary War
All were highly
respected property
owners
35. Great Compromise
The agreement reached in drafting the
Constitution giving each state an equal vote in
the Senate and a proportionate vote in the
House
All powers were entrusted to the states and to
the people
Country was to governed by a President to be
chosen by electors in each state, a national
judiciary and a two-chamber legislature
House of Representatives were popularly
elected
Senate was chosen by individual state
legislatures
36. Issue of Slavery
Was omitted during the constitutional debates
Zero chance of ratification from the South if it
dealt with slavery
10th Amendment left slavery up to the
individual states (ratified two years later)
This omission from the Constitution and failure
to compromise would lead to the civil war
37. Drafting the Constitution
August 7, 1787, the draft was ready for a
clause-by-clause review
Some material was old, connecting to the
Magna Carta, and some was new with some
brilliant concepts
The final document was put before the
Convention on September 1787
38. Current Events: Constitution and
Citizenship Day
In 2005, Congress mandated that
schools receiving federal funding
Federal Register Notice
provide education about the
Constitution
Commemorate the principles and
practices protected and Provided
for in the Constitution
September
17th
39. The Article of the Constitution
The first three article established the
legislative, executive and judicial branches of
the government and the country’s system of
checks and balances.
40. Article 1- Legislative Branch
Legislature may pass laws, but cannot enforce
or interpret them
Contains the Great Compromise
Congress has 2 chambers
Senate
Each state has 2 senators
Each senator has 1 vote
Sole power to try all impeachments
House of Representatives
Membership based on state populations
Power of impeachment
1st to consider bills for raising taxes
41. Powers of Congress
Section 8 of Article 1 grants specific powers to
Congress
Coining money
Establishing post offices
Lay and collect taxes
Borrow money on the credit of the United States
Regulate international and interstate commerce
Naturalize foreign-born citizens
Raise and govern the military forces
Declare war
Elastic clause
Reserve of power to do what was “necessary and
proper” to pass laws for the nation. Enact laws that
42. Article 2- Executive Branch
Created to carry out the law
Provide a commander and chief of the military
forces
Carry out nation’s foreign policy
Entering into treaties with other nations
To appoint ambassadors, judges and officials
needed for the government to function
Chosen by electors
43. Article 2- Executive Branch
The president’s most significant actions must be
approved by the Senate
Treaties require 2/3 vote
Judges and appointed executive officials need a
majority vote to be confirmed
Must report periodically to Congress on the
state of the Union
May recommend laws Congress should enact
MOST IMPROTANT DUTY-”shall take care that
the laws be faithfully executed”
44. Article 3-Judicial Branch
Vesting Judicial power in the U.S. Supreme
Court
Federal court judges are appointed by the
President and hold office for life
Congress is authorized to regulate the court’s
dockets by deciding what kinds of cases the
Supreme court can hear on appeal
Congress regulates the courts’ jurisdiction
Courts interpret the laws
45. Federal v. State power
The powers not specifically delegated to the
federal government, are reserved for the
states and the people.
46. Checks and Balances
The President has veto power
President nominates Supreme Court justices
Congress can override with 2/3 majority vote
Legislative branch confirms or denies the
nomination
President is the commander in chief
Legislative branch declares war and pays for it
47. Article 4- Other Provisions
Contains a variety of provisions, some taken
from the Articles of Confederation, further
describing the creation of the federal union
Article 4 also deals with:
Criminal extradition
Formation of new states
Congress’ power to govern in territorial lands not
yet states
48. Article 5- The Amendment Process
Dictates how the Constitution may be
amended
1.
2.
Must be approved by 2/3 vote in each house of
Congress
Submitted to the states for ratification requiring the
approval of ¾ of the states to pass the amendment
The people may begin the amendment
process if the legislatures of 2/3 of the states
call for a constitutional convention
Bill of Rights (1791) were added to the
Constitution using the Amendment Process
49. Article 6- The Constitution as the
Supreme Law
Supremacy clause- federal law will reign when
there is conflicting state law
The article permitted the Supreme Court to
become the ultimate decision maker in
whether laws and actions of the government
circumvent the Constitution and to invalidate
them if they do so
Requires the allegiance of every federal and
state official to the Constitution
50. Signing of the Constitution
Ben Franklin moved that the Constitution be
approved unanimously and signed by those
states present
September 17, 1787 the U.S. Constitution was
sign in Philadelphia
42 of the 55 delegates were present to sign the
Constitution
3 members refused to sign
George Mason-because of the lack of a bill of rights
51. Ratification
Ratify- to approve a constitutional amendment
Each state had to ratify the constitution even
though the delegates agreed to the makeup of
the Constitution
Delaware was the first to do so
52. Ratification Cont…
Federalists- favored a strong central
government
Anti-Federalists- favored a weaker central
government
Didn’t not want to ratify without a bill of rights
guaranteeing individual liberties
Amendments- changes to the Constitution or
bylaws
December 15, 1791- states had ratified 10 of 12 proposed
amendments to ensure that the national government would
not interfere with individual liberties
53. Current Events
The
President
has nothing
to do with
the
Amendment
process
27 Amendments to the US
Constitution
The 27th amendment which restricts
raises in congressional pay is the
most recent amendment
Proposed in 1789
Was not ratified until 1992
Took 74003 days to ratify
54. Bill of Rights
Aimed at balancing the rights of the states and
of individual citizens against the powers of the
central government
The Constitution was general, and the
Amendments were specific
55. Bill of Rights
1.
2.
3.
4.
5.
1st Amendment - Freedom of speech,
Freedom of religion, Freedom of press, Right
to assemble, Right to petition
2nd Amendment – “to keep and bear arms”
3rd Amendment – prohibition from housing
soldiers
4th Amendment – privacy and security
5th Amendment – restrictions as to how
government can treat people suspected of
crimes
56. Bill of Rights
6.
7.
8.
9.
10.
6th Amendment - Informed of nature and cause of accusation,
Confront witnesses against him, Obtaining witnesses in his favor,
Assistance of Counsel for his defense
7th Amendment - Right to trial by jury in common law cases
where the value exceeds $20.
8th Amendment – cruel and unusual punishment. Excessive bail
and fines
9th Amendment – answered objections to those who thought that
naming some rights but not all might result in government
claiming more power than intended
10th Amendment - Powers not delegated to the United States by
the Constitution are reserved to the States respectively or to the
people.
