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Unit 2: Power, Authority & Sovereignty Origins of the US Constitution.

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1 Unit 2: Power, Authority & Sovereignty Origins of the US Constitution

2 Friday, September 19 th Bellringer Brainstorm & write as much as you can on your whiteboard : – Articles of Confederation – Great Compromise – Social Contract – Limited Government – Separation of Powers – Federalist Papers – John Locke – James Madison Objectives Explain the notion of “higher law” and “Natural Rights” Discuss the origins of: Checks and Balances, Limited Government, Republicanism, Popular Sovereignty, Minority vs. Majority Rights, Rule of Law, Pluralism Review Constitutional History – List and discuss the shortcomings of government under the Articles of Confederation

3 Agenda 1.Introduction to Origins of the Constitution 2.Reading Groups – Wilson Ch. 2 A 3.Federalist #10 – Independent reading 4.FRQ Grading Activity 5.Closure 6.Start HW

4 Purpose of Government Form a More Perfect Union Establishing Justice Insure domestic tranquility Providing for the common defense Promoting the general welfare Securing the blessings of liberty PREAMBLE

5 Colonial Experiences (1606-1776) Equality, Liberty & Limited Government???? Colonial Charters: each colony was founded on the basis of a charter from the king. The charter authorized the colony’s existence & established its political authority: direct rule, corporate or proprietary. House of Burgesses: 1619 - first representative legislature in the America colonies Mayflower Compact (1620) Difficulties with Britain » French and Indian War 1756-1763 » Sugar Act 1764 » Stamp Act 1765 » Townshend Acts 1767

6 What was the “Colonial Mind thinking”? English constitution was inadequate to protect citizens’ liberty – Magna Carta - 1215 – English Petition of Rights – English Bill of Rights Higher law embodying Locke’s Natural Rights – Life, Liberty, Property in a State of NatureState of Nature – Social Contract – Ideology not economics

7 Political Philosophies

8 Declaration of Independence - 1776 Social Contract Higher law embodying Natural Rights – Life, Liberty and the Pursuit of Happiness Limited Government & Rule of Law – Magna Carta, English Petition of Rights, English Bill of Rights

9 Check for Understanding What three English documents established the rights of Englishmen before the American Revolution? What were some of the rights they established?

10 Reading Groups With your group, read your assigned section & answer your question. You will present your understanding to the class. Select a spokesperson for your group. As groups present, you should take brief notes that you can add detail to later!

11 Reading Groups “Weaknesses …” p. 21 & Q1 “Shay’s …” p. 23 & Q2 “The Great Compromise… p.27 & Q4 “The Constitution…” p. 28 & Q5 “Key Principles…” p. 28 & Q6 “Government and Human …” p. 29 & Q7 “Constitution and Slavery” p. 36 & Q9

12 Q1-The Constitution was “fixing what was broken” Power of the National Government: No Power to Collect Taxes No Power Over Interstate & Foreign Commerce No Mandatory Power to Raise an Army National Government Had Only Specific, Limited Powers Enforcement of National laws dependent on states’ courts AoCConstitution “Fix” The Supremacy Clause (Art.6) A Stronger Congress (Art. 1) with Expressed Powers including the power to tax Commerce clause Bankruptcy, coining money, enforcing patents & copyrights Power to raise an army & commission officers Implied powers “necessary & proper clause” Supreme Court & Power of Congress to establish lower courts

13 The Constitution was “fixing what was broken” AoC No independent Executive Amendment process Constitution “fix” A president chosen indirectly by the voters Liberalized Amendment rules Creating a stronger central government that also has limited power? Federalism Separation of Powers Checks and Balances Bicameralism Differing terms for representatives Differing means of selection (size of constituencies) & formal qualifications

14 Q2-The Role of Shay’s Rebellion Feared that state governments were about to collapse from internal dissension. Suspicious of democracy Wanted a strong government to preserve order but not threaten liberty.

15 Q3. Virginia Plan vs New Jersey vs Compromise Sovereignty of the state or of the people?

16 Q4 Compromises of Pres. And SC No Export Tax President: How to elect the President? Length of term. Supreme Court: How to elect?

17 The Framers: Why? Convened “for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the states, render the federal Constitution adequate to the exigencies of government and the preservation of the union.”

18 The Framers: Who? 55 White Males Experienced (34 lawyers; 3 sitting Governors) Well Educated (Harvard; W&M; Yale; Penn; Columbia; Princeton; or England) Wealthy & Practical

19 The Framers: How? Met in secret Immediately discarded their mandate to revise AoC George Washington, Presiding The Philadelphia Convention

20 Democracy – inefficient, rule by the majority does not protect the individual’s rights; “excesses of democracy” Republic – limited government to secure unalienable rights Constitution – popular elections for House, state legislatures select Senators, electors select President – Majority of voters & Majority of States Q5- Democracy vs. Republic

21 Q6- Principles of American Democracy

22 The pursuit of unchecked self-interest would lead some people to exploit others. – Is the government’s role to cultivate virtue among the governed? – Would the deliberate cultivation of virtue be too dangerous to liberty at the national level? Q7-How to Solve Self-Interest

23 Q8 - Ratification of the Constitution Federalists For ratification Liberty is safest in large republics Coalitions in larger governments are more moderate A government farther from the people will temper passions and reduce corruption Anti-federalists Anti-ratification Liberty could be secured only in a small republic in which the rulers were physically close to the ruled – Congress heavy taxes – Supreme Court overrule state courts – President command a large standing army Answer is narrow jurisdiction of SC Executive council State militias Large House of Rep Reduce power of Congress to levy taxes Bill of Rights

24 Q9 - Slavery Slavery Provisions – Delayed Regulation of Slave Trade, 1808 – 3/5 Compromise – Fugitive Slaves do not become free


26 Check for Understanding What are the key principles of the American version of representative democracy?

27 Madison’s The Federalist # 10 Explaining Federalist Paper #10 - YouTube Pages A21-25 in Wilson Answer questions individually. Be ready to review with the class.

28 Individually… 1.Read the Question. 2.Read the Scoring Guide 3.Read the sample and grade it using the scoring guide. a.Highlight each sentence/phrase that earns a point. b.Write the point value next to what you highlight. c.Total up the points you would give the writer. 4.Compare your grading to the others at your table. FRQ Activity

29 Closure 1789 – now Before 1776 1781-1787 Constitution King’s Charter Articles of Confederation

30 Homework Finish Constitution A Questions Answer Constitution B Questions Reading Quiz on Ch2 next block Constitution Packet – quiz on this next week

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