1. Dividing Power Creating a Balance in the New National Government

2. “Wherever Law ends, Tyranny begins.” - John Locke 1. What is your interpretation of this quote? What message is John Locke trying to convey? 2. How might this quote be applicable to the situation the new American states are in when creating a new government? UNIT 5, JOURNAL #3

3. The Convention is not yet finished… ◦ They must establish a system for the national government. ◦ National vs. State governments—  National Government is granted delegated powers, or “enumerated powers” ◦ Control of foreign affairs ◦ Providing national defense ◦ Regulating trade ◦ Coining money

4. State Governments are granted “reserved powers” ◦ Providing/Supervising Education ◦ Marriage Laws ◦ Regulating trade within the state “Concurrent Powers” (shared by both): ◦ Tax ◦ Borrow money, pay debts ◦ Establish courts

5. They separate the national government into three branches: 1. Legislative - Make laws 2. Judicial - Hear cases 3. Executive - Carry out laws Distributes political authority Balance of power

6. System of checks and balances - ◦ Prevents any one branch from dominating the other two  Example: ◦ President can veto acts of Congress ◦ Congress can override a veto by two-thirds vote Voters choose president through the electoral college - ◦ Each state chooses electors; the electors vote for a presidential candidate ◦ Reflects the fear of placing too much power in the hands of the people

7. EXECUTIVE BRANCH JUDICIAL BRANCH LEGISLATIVE BRANCH Checks on the Judicial Branch -Appoints federal judges -Can pardon people convicted of federal crimes Checks on the Legislative Branch -Can veto bills of Congress -Can call special sessions of Congress -Can influence public opinion -Can propose legislation Checks on the Executive Branch -Appointed for life, federal judges are free from presidential control -Can declare presidential actions unconstitutional Checks on the Legislative Branch -Can decide the meaning of laws -Can declare acts of Congress unconstitutional Checks on the Judicial Branch -Congress establishes lower federal courts -Senate confirms or rejects appointment of judges -Congress can impeach or remove federal judges Checks on the Executive Branch -Congress can override presidential veto -Congress can impeach and remove the president or other high officials -Senate approves or rejects treaties -Senate confirms or rejects federal appointments

8. The Amendment Process: The Amendment Process: PROPOSAL STAGE Two-thirds vote of members present in both houses of Congress (33 amendments proposed) OR National convention convened by Congress at request of two-thirds of state legislatures (no amendments proposed) RATIFICATION STAGE Three-fourths of state legislatures (25 amendments ratified) OR Conventions in three-fourths of the states (1 amendment, the 21 st, ratified)

9. The Constitution is sent to Congress for approval! Took four months to draft Successful document- ◦ Enabled it to pass the test of time ◦ The Constitution is a “living document”  Our forefathers created a balanced, open-ended government for us to work with

10. Ratification - official approval of the people of the U.S. to adopt the Constitution Newspapers printed the full text of the Constitution Shocked! So many changes! ◦ Thought they were simply going to fix the Articles of Confederation

11. Each state would hold a special convention ◦ Voters would elect delegates ◦ Delegates would choose to sign (or not sign) the Constitution Required 9 of 13 states’ approval ◦ Will take 8 months to ratify  WHY?

12. FEDERALISTS Supporters Supporters of the Constitution Division of powers and system of checks and balances will protect Americans from tyranny Support came from urban centers: ◦ Merchants ◦ Skilled workers ◦ Laborers ◦ Small states with weak governments George Washington, James Madison

13. ANTIFEDERALISTS Opposed Opposed having a strong central government ◦ Compose a long list of possible abuses of power by a strong central government Demanded a Bill of Rights to protect the people ◦ Lack of protection for individual rights  Government will serve the interests of the privileged minority ◦ Support came from rural areas:  Large states with strong economies Patrick Henry, Sam Adams, Richard Henry Lee

14. The Federalist Papers Debate over ratification defending 85 essays are published defending the Constitution in newspapers from 1787- 1788 Signed, Publius ◦ Madison, Hamilton, John Jay Provided an analysis and explanation of the Constitution ◦ Sought to disprove all of the issues that the Antifederalists proposed to the public.