This document provides an overview of the development of American law and government. It discusses the following key points:
- The Constitution established a system of checks and balances between the three branches of government to limit any single person or group from having absolute power.
- Important court cases like McCulloch v. Maryland and Clinton v. Jones established precedents around Congressional power and presidential immunity.
- The Bill of Rights was adopted to protect individual liberties and limit the power of the federal government in response to concerns during ratification of the Constitution.
The ConstitutionChapter 3CHAPTER 3 THE CONSTITUTION.docxmehek4
The Constitution
Chapter 3
CHAPTER 3: THE CONSTITUTION
In this chapter you will:
Discover the roots of the Constitution in colonial and revolutionary America.
See why Americans declared independence from England and learn about their first constitution, the Articles of Confederation.
Follow the arguments that shaped the Constitution and get an overview of the final document.
Read about the great national debate over whether to adopt it.
Learn how Americans have changed the Constitution—and how the Constitution has changed America.
CHAPTER 3: THE CONSTITUTION
Colonial Roots of the Constitution
Colonies three thousand miles away from the king and his army, able to ignore orders:
Salutary neglect
Colonies developed political institutions
Every colony had its own legislature.
Plentiful land created opportunities.
CHAPTER 3: THE CONSTITUTION
More Colonial Roots
Some colonies began with mutual agreements between the settlers
Compacts or covenants
New World was somewhere to practice religion in peace
Different religions flourished
Border areas were violent and insecure
Native American wars
French (North and West)
Spanish (South and West)
CHAPTER 3: THE CONSTITUTION
War Brings Changes
French and Indian War
British army defeated French in 1763
Two changes:
Ten thousand English troops remained in the colonies
England could enforce its policies
Days of neglect over
England ran up debt during war
Colonists required to pay debt
Americans’ reaction explosive
CHAPTER 3: THE CONSTITUTION
Colonial Complaint
Representation
Americans used to making their own decisions
When England violated the American idea of self-rule it created an unusual revolution
Americans fought to preserve rights that they had been exercising while neglected
CHAPTER 3: THE CONSTITUTION
Colonial Complaint
Mercantilism
British began enforcing trade policies.
American ships had to bypass traditional partners:
Do business only with English colonies
Higher prices, lower profits
CHAPTER 3: THE CONSTITUTION
The Declaration of Independence
Second Continental Congress wrote and Congress adopted
Two Parts
Statement of Principles
List of Grievances
CHAPTER 3: THE CONSTITUTION
Declaration of Independence
Principles
All people are equal
Endowed with rights that cannot be taken away
Include life, liberty, and the pursuit of happiness
Governments formed to protect rights
Governments derive power from the consent of the governed
CHAPTER 3: THE CONSTITUTION
Declaration of Independence
Grievances
Violations of the right of representation
Maintenance of a standing army not under civilian control
Loss of an independent court
CHAPTER 3: THE CONSTITUTION
10
Articles of Confederation
An Alliance of Independent States
State governments
Reflect popular desires
Annual elections
Extended right to vote
Public legislative deliberations
National government
Continental Congress approved Articles
Weak and dependent on states
No executive or central authority
No central pow ...
This presentation was developed as an introduction to the Boy Scout merit badge, Citizenship in the Nation. It can also be used as an overview for an American Government class.
The Founding leading to the ratification of the U.S. Constitution. Introduction to the Federalist Papers and their usefulness for ratification. Discuss the Bill of Rights.
Chapter 2
The Constitution and it’s framing.
Lesson Plans
1. History and philosophy leading up to the constitution.
2. The revolution
3. Articles of Confederation
4. Constitutional Convention
5. Key Figures
6. Compromises
7. Amendments
Enlightenment and the Country’s founding
The founding of the country was based in principles in the European enlightenment.
One of the Enlightenment’s goals was to base governance on rationality.
Prior to the Enlightenment, governance was justified through tradition rather than reason.
Locke v Hobbes
Hobbes argued that the rationality for government was to prevent the state of nature.
Hobbes argued that life without the state would be a war between all and nasty, brutish and short. He advocated for a dictator to prevent this.
Locke disagreed. Locke argued that people would rather deal with what he called the mischief of foxes and polecats than to be devoured by lions.
This means that conflicts between individuals are manageable, but a tyrannical state is impossible to avoid.
Locke’s justification for a state is the social contract which is an agreement that the state protects rights. However if a state abuses its people, then it loses its legitimacy.
Locke’s principles drove the American Revolution.
The Revolution
The colonies originally had more freedom to run their own land prior to the Seven Years War (war between France and England).
The colonists were prevented to settle past Appalachia.
To pay back the taxes that resulted from the Seven Years War, England levied taxes on the colonists.
Colonists demanded representation in Parliament.
Stamp Act, (Tax on Paper goods) Townsend Act (Tax on glass, Tea, Paint)
The Colonies boycotted British Manufacturing goods.
Britain sent troops to the colonies, leading to an altercation with the troops known as the Boston Massacre
Britain passed an act that granted a monopoly on the British East India Tea Company, which led to the “Boston Tea Party.”
The Revolution cont.
These acts led to the state of Massachusetts to revolt, followed by the rest of the colonies.
The Declaration of Independence laid out the principles that drove the colonies to revolt against England.
This listed out the ways that Britain abused its power regarding the Social Contract.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed”
This quote has driven the ideals in which we govern ourselves.
Articles of Confederation
Immediately following the revolution, the new nation agreed on the Articles of confederation.
The articles of confederation is the governing body that ruled the nation between the end of the Revolution and the creation of the constitution.
A confede ...
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it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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Phyto-Pharmacological Screening, New Strategies for evaluating
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for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
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In this research, it concludes that while the readiness of teachers in Caloocan City to implement the MATATAG Curriculum is generally positive, targeted efforts in professional development, resource distribution, support networks, and comprehensive preparation can address the existing gaps and ensure successful curriculum implementation.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
2. Law is a body of rules promulgated
(established) to support the norms of that
society, enforced through legal means, that is,
punishment
A constitution is a system of basic laws and
principles that establish the nature, functions
and limits of a government or other institution
The American Constitution is youthful, which
makes it all the more impressive for its enduring
nature and flexibility
3. Refers to a society in which numerous distinct ethnic,
religious or cultural groups coexist within one nation,
each contributing to society as a whole
Living in a Pluralistic society creates a challenge to
exercise tolerance and respect for the opinions,
customs, traditions and lifestyles of others
Representatives from every culture that has come to
America share in the historical development of our
country and legal system
It is the common thread that binds all who have come
here that makes American law so unique in serving the
pluralistic society that created it
4. Here’s a short video on the Boston Tea Party:
5. o Town meetings were
restricted to once a year
o The king was required to
appoint people to the
governmental court rather
than have them elected
o Quartering Act expanded,
requiring soldiers to be
housed in private homes
and buildings
o British officials accused of
crimes in the colonies
could only be tried in
England
Colonists resisted increased taxes because they felt it
was taxation without representation
Boston Tea Party (December 1773) - Colonists boarded
3 British ships and dumped cargos of tea overboard
Parliament passed several laws in retaliation for this
open act of defiance
6. In September 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
Congress agreed on three important actions:
o Adopted a set of resolutions that defined the rights,
liberties and immunities of the colonists
o Addressed King George III and citizens of Britain calling
for a restoration of American rights
o Established a boycott to prevent the buying of British
goods until Congress’ demands were met
7. Established the Continental Army and named George
Washington its commander
Congress raised 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
8. In May, Congress instructed each of the states
to form its own government and assuming
powers of independent states
July 4, 1776 - The 2nd Continental Congress
unanimously voted in favor of American
Independence
There were six important sections (see next
slide)
9. 1. First paragraph explains why
the Declaration was issued
2. 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
3. Charges made against British
king and described how they
denied the American colonists
their rights
4. Describes the colonists
attempts to obtain justice and
the British lack of response
5. Proclaimed independence
6. Lists the actions the new
United States of America
could take as a country
10. 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
11. Considered the most important instrument of
English government
o Established the supremacy of the law over the ruler
King John was forced to sign the original
document on June 12, 1215
o Showed that no one was above the law
12. The Magna Carta provided a stable framework
from which to start
o It was a step away from total rule by a single
individual
o Long history of success
o Provided some security and that not everything
needed to start from scratch
13. Articles of Confederation were inadequate for
effective government due to the lack of balance
of power between the states and the central
government
May 1787 - Congress of the Confederation
called for a convention to revise the Articles
George Washington was elected to preside
over the meetings
14. Was to establish a central government
authorized to deal directly with individuals rather
than states
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
15. Structure and powers of legislative, executive
and 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
The first three articles established the
legislative, executive and judicial branches of
the government and the country’s system of
checks and balances
16. Legislature may pass laws, but cannot enforce
or interpret them
Contains the Great Compromise
Congress has 2 chambers:
o Senate:
• Each state has 2
senators
• Each senator has 1
vote
• Sole power to try all
impeachments
o House of
Representatives:
• Membership based on
state populations
• Power of impeachment
• 1st to consider bills for
raising taxes
17. Section 8 of Article 1 grants specific powers to
Congress:
o Coining money
o Establishing post offices
o Lay and collect taxes
o Borrow money on the credit of the United States
o Regulate international and interstate commerce
o Naturalize foreign-born citizens
o Raise and govern the military forces
o Declare war
Elastic clause
o Reserve of power to do what was “necessary and proper”
to pass laws for the nation. Enact laws that directly
affected the people
19. Issues: Does Congress have the power to incorporate
a bank and does the State of Maryland have the power
to tax it?
Holding: Congress has power under the Constitution to
incorporate a bank pursuant to the Necessary and
Proper clause (Article I, Section 8)
The State of Maryland does not have the power to tax
an institution created by Congress pursuant to its
powers under the Constitution
20. Created to carry out the law
Provide a Commander in Chief of the military
forces
Carry out nation’s foreign policy
o Entering into treaties with other nations
To appoint ambassadors, judges and officials
needed for the government to function
Chosen by electors
21. The president’s most significant actions must be
approved by the Senate
o 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”
23. Issue: Is a serving President entitled to absolute
immunity from civil litigation?
Holding: In a unanimous opinion, the Court held that
the Constitution does not grant a sitting President
immunity from civil litigation except under highly unusual
circumstances
o While the independence of the government's
branches must be protected under the doctrine of
separation of powers, the Constitution does not
prohibit these branches from exercising any control
over one another
24. 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
25. The President has veto power
o Congress can override with 2/3 majority vote
President nominates Supreme Court justices
o Legislative branch confirms or denies the nomination
President is the Commander in Chief
o Legislative branch declares war and pays for it
26. 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
27. Ben Franklin moved that the Constitution be
approved unanimously and signed by those
states present
September 17, 1787 - The U.S. Constitution
was signed in Philadelphia
42 of the 55 delegates were present to sign the
Constitution
3 members refused to sign
o George Mason - because of the lack of a bill of rights
28. Federalists - Favored a strong central government
Anti-Federalists - Favored a weaker central
government
o Didn’t not want to ratify without a bill of rights
guaranteeing individual liberties
Amendments - Changes to the Constitution or
bylaws
o December 15, 1791 - States had ratified 10 of 12
proposed amendments to ensure that the national
government would not interfere with individual
liberties
29. 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
The Declaration of Independence, the U.S.
Constitution and the Bill of Rights are housed in
the Rotunda for the Charters of Freedom at the
National Archives in Washington, D.C.
30. 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
6th Amendment - Informed of nature and cause of
accusation, Confront adverse witnesses, Obtaining
favorable witnesses, Assistance of Counsel for defense
31. 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
Editor's Notes
Opinion at http://supreme.justia.com/cases/federal/us/17/316/case.html
Oral arguments available at http://www.oyez.org/cases/1990-1999/1996/1996_95_1853