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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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The Constitution Chapter 2
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Gregory Johnson knew little about the Constitution He felt the buildup of nuclear weapons in the world threatened the planet’s survival He wanted to protest He didn’t have money to hire a lobbyist or purchase a media ad
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He marched through the streets of Dallas The demonstration ended in front of City Hall Gregory doused an American Flag with kerosene and set it on fire
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Gregory was arrested, convicted and sentenced to one year in prison, fined $2,000 Appealed his convicted SC agreed to hear the case Texas v. Johnson SC said his freedom of speech was violated
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Gregory Johnson did not prevail because his was articulate or because he had access to political resources. He won because we have a Constitution and the “Rule of Law”
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Understanding the case of Gregory Johnson is central to understanding the American system of government The Constitution supersedes ordinary law, even when the law represents the wishes of the majority What? Wait a minute!!!!!
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Questions on Government in America? What does democracy mean if the majority does not always get it’s way? Does this case represent a democracy or something very different? What limits are placed on the government that prevent it from acting on the wishes of the electorate? Does the government have too much power when it can override the majority?
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Snyder v. Phelps, 2010 Constitution USA, Episode 2, It’s a Free Country– 11:54 – 15:11
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1. Identify the symbols found in the cartoon. 2. What point is the cartoonist trying to make about Constitutional protections?
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter 2: The Constitution The Origins of the Constitution The Government That Failed: 1776–1787 Making a Constitution: The Philadelphia Convention Critical Issues at the Convention The Madisonian System Ratifying the Constitution Changing the Constitution Understanding the Constitution Summary
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Origins of the Constitution LO 2.1: Describe the ideas behind the American Revolution and their role in shaping the Constitution. The Government That Failed: 1776–1787 LO 2.2: Analyze how the weaknesses of the Articles of Confederation led to its failure.
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Making a Constitution: The Philadelphia Convention Making a Constitution: The Philadelphia Convention LO 2.3: Describe the delegates to the Constitutional Convention and the core ideas they shared. Critical Issues at the Convention LO 2.4: Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue.
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Madisonian System LO 2.5: Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests. Ratifying the Constitution LO 2.6: Compare and contrast the Federalists and Anti-Federalists in terms of their background and positions regarding government.
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Changing the Constitution LO 2.7: Explain how the Constitution can be formally amended and how it changes informally. Understanding the Constitution LO 2.8: Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government.
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The Origins of the Constitution LO 2.1: Describe the ideas behind the American Revolution and their role in shaping the Constitution. The Road to Revolution Declaring Independence The English Heritage: The Power of Ideas The American Creed Winning Independence The “Conservative” Revolution To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Constitution Definition A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Sets the broad rules of the game Accumulations of traditions and precedents that have established acceptable styles of behavior.
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LO 2.1 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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The Origins of the Constitution The Road to Revolution Colonists faced tax increases after the French and Indian War. Colonists lacked direct representation in parliament. Colonial leaders formed the Continental Congress to address abuses of the English Crown. LO 2.1 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Origins of the Constitution Declaring Independence In May and June 1776, the Continental Congress debated resolutions for independence. The Declaration of Independence, which listed the colonists grievances against the British, was adopted on July 4, 1776. Politically, the Declaration was a polemic, announcing and justifying revolution. LO 2.1 To Learning Objectives
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LO 2.1 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Video – The Declaration Of Independence Road Trip – a Living Blueprint for Democracy Dramatic Reading of the Declaration of Independence Date: July 4th, 2001 As part of the City of Philadelphia's Independence Day celebration, the Declaration of Independence was read from the steps of the Philadelphia Museum of Art by Michael Douglas, Mel Gibson, Whoopi Goldberg, Kevin Spacey, Renee Zellweger, Benecio Del Toro, Ming Na, Morgan Freeman, Kathy Bates, Edward Norton, Graham Greene, and Winona Ryder.Declaration of Independence
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Declaration Of Independence Translation When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
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Declaration Of Independence Translation We Hold These Truths to Be Self- Evident…
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Origins of the Constitution The English Heritage: The Power of Ideas Natural Rights – Rights inherent in humans being, not dependent on government. Consent of the Governed – The government derives its authority by sanction of the people. Limited Government – Put certain restrictions on government to protect natural rights. LO 2.1 To Learning Objectives
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LO 2.1 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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The Origins of the Constitution The American Creed Jefferson altered Locke’s phrase, “life, liberty, and property” to “life, liberty, and the pursuit of happiness.” "A right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings." --Thomas Jefferson to Pierre Samuel Dupont de Nemours, 1816. ME 14:490 LO 2.1 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Origins of the Constitution Winning Independence In 1783, the American colonies prevailed in their war against England. The “Conservative” Revolution Restored rights the colonists felt they had lost Not a major change of lifestyles. Did not create class conflicts that would split society LO 2.1 To Learning Objectives
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The Government That Failed: 1776–1787 LO 2.2: Analyze how the weaknesses of the Articles of Confederation led to its failure. The Articles of Confederation Changes in the States Economic Turmoil The Aborted Annapolis Meeting To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Forms of Government Unitary Federal (federalism) Confederate
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Government That Failed: 1776–1787 The Articles of Confederation The first document to govern the United States, ratified in 1781. It created a confederation among 13 states and former colonies. Congress had few powers; there was no president or national court system. All government power rested in the states. LO 2.2 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Articles of Confederation The Critical Period
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Government That Failed Economic Turmoil Postwar depression left farmers unable to pay debts State legislatures sympathetic to farmers passed laws that favored debtors over creditors Shays’ Rebellion(1786-1787) Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Success Signed treaty of alliance with France Kept country together during Rev War Negotiated and end the war Passed the Northwest Ordinance on 1783 Established the Depts: Foreign Affairs, War, Marine, and Treasury
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Government That Failed The Aborted Annapolis Meeting An attempt to discuss changes to the Articles of Confederation in September 1786 Attended by only 12 delegates from 5 states Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Philadelphia Convention “for the sole and express purpose of revising the Constitution (Art of Confed)” Although the framers had many different views, they agreed on questions of human nature, the causes of political conflict, and the object and nature of republican government
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia 55 men from 12 of the 13 states Mostly wealthy planters & merchants Most were college graduates with some political experience Average age 33 (Franklin 81) Many were coastal residents from the larger cities, not the rural areas
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Key Playas Benjamin Franklin George Washington James Madison Alexander Hamilton Gouverneur Morris Edmund Randolph William Patterson Roger Sherman George Mason
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Not in Attendance Thomas Jefferson John Adams Richard Henry Lee John Hancock Samuel Adams Patrick Henry
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Philadelphia Convention, continued Philosophy into Action Human Nature - self-interest…"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men." Political Conflict – arise from unequal distribution of wealth - leads to factions - or groups of citizens, with interests contrary to the rights of others or the interests of the whole community
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Making a Constitution: The Philadelphia Convention Philosophy into Action (cont.) Objects of Government – Property must be protected against the tyranny of faction. Nature of Government – Secret of good government is “balanced government” because as long as no “faction” could seize complete control of government, tyranny could be avoided. LO 2.3 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Philadelphia Convention The most important issues at the Constitutional Convention dealt with issues of political equality. State representation Slavery Political equality - The Constitution is silent on the issue of personal equality
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman p. 39-43 Activity - Homework Compare and contrast the NJ/VA Plans. Explain why smaller states would have supported the NJ Plan and larger states would have supported the VA Plan. What were the key components of the Connecticut (Great) Compromise? How is this relevant today? Explain the Slave Trade and 3/5 th Compromises. What were the issues that led to these compromises? Do you agree or disagree with the results? Why? Explain the delegates’ decision about voting rights. Do you agree or disagree with this decision? Why?
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Agenda in Philadelphia
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LO 2.4 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Critical Issues at the Convention The Individual Rights Issues Prohibits suspension of writ of habeas corpus. No bills of attainder. No ex post facto laws. Religious qualifications for holding office prohibited. Strict rules of evidence for conviction of treason. Jury trial in criminal cases. LO 2.4 To Learning Objectives
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LO 2.4 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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The Madisonian System LO 2.5: Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests. Thwarting Tyranny of the Majority The Constitutional Republic The End of the Beginning To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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The Madisonian Model Protecting private property was the key purpose of gov’t – democracy was a threat to property To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control Separating Powers Creating Checks and Balances Establishing a Federal System
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Madisonian System Thwarting Tyranny of the Majority Limiting Majority Control – To keep most of the government beyond the control of the masses. Democracy? Separating Powers – Branches are relatively independent of the others so no single branch could control the others. LO 2.5 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Madisonian System Thwarting Tyranny of the Majority (cont.) Creating Checks and Balances – Each branch needs the consent of the others for many actions. (Governing would be a slow and messy process) Establishing a Federal System – Federalism divides power between national and state governments. LO 2.5 To Learning Objectives
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LO 2.5 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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LO 2.5 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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The Madisonian Model The Constitutional Republic Republic: A form of government in which the people select representatives to govern them and make laws Federalism – powers shared between central gov’t and state gov’t Favors the status quo – change is slow The End of the Beginning Sept 1787 - The document was approved, but not unanimously. Now it had to be ratified.
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Ratifying the Constitution LO 2.6: Compare and contrast the Federalists and Anti-Federalists in terms of their background and their positions regarding government. Federalists and Anti-Federalists Ratification To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Ratifying the Constitution Federalists and Anti-Federalists Federalists supported the new Constitution and wrote the Federalist Papers to defend it. Anti-Federalists opposed the new Constitution and believed it was an enemy of freedom. LO 2.6 To Learning Objectives
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LO 2.6 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Famous Federalist – Famous Anti Federalists - Patrick Henry, Samuel Adams, George Mason, James Monroe, Luther Martin,
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Ratifying the Constitution Federalist Papers A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution and to push for its’ ratification in the states - Most Famous Federalist 10 and 51 (650,653)
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman GradeSaver Free Study Guides Best Essay Editing Getting you the grade since 1999 http://www.gradesaver.com/
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Homework Madison Reading Read Federalist 10 & 51
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Problem of a Faction, Federalist 10 Activity
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Federalist 10, Madison Madison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Federalist 10, Madison Madison argued that a strong, big republic would be a better guard against those dangers than smaller republics A large republic would be better for the “common good”
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Anti Federalists Believe in the basic ideas of Republicanism -Power to popularly elected Congress -Would only work in small community of citizens with similar beliefs -People would agree on common good -People would possess civic virtue
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Anti Federalists The new Constitution would -Create a large and powerful central government -Population would be two diverse to promote the common good -Be a threat to the rights of the people
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Federalist vs. Anti Federalist Arguments Readings – We The People, The Citizen and The Constitution. Anti Fed 84-86 - Q 1 and 2 - Blue Feds 87-90 - Q 1 and 4 - Blue
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Ratifying the Constitution Ratification Lacking majority support, the Federalists specified that the Constitution be ratified by state conventions, not state legislatures. Delaware first ratified the Constitution on December 7, 1787. New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Ratifying the Constitution Del 30 – 0Dec 7, 1787 PA 46 – 23Dec 12, 1787 NJ 38 - 0 GA 26 - 0 CT 128 - 40 MA 187 – 168 MD 63 - 11 SC 149 - 73 NH 57 - 47 What key states are missing?
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Ratifying the Constitution VA 89 - 79 NY 30 - 27 NC 194 - 77 RI 34 – 32 Only 3 states unanimously ratified the Constitution 5 of 13 agreed to ratify by a narrow margin
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Federalist vs. Anti-Federalists The compromise between the two groups was the Bill of Rights.
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Ratifying the Constitution Bill of Rights The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties
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LO 2.6 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Changing the Constitution LO 2.7: Explain how the Constitution can be formally amended and how it changes informally. The Formal Amending Process The Informal Process of Constitutional Change The Importance of Flexibility To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Constitutional Change “The Constitution belongs to the living and not to the dead” Jefferson “Living Document” Constitutional Change - by formal or informal amendment
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution There have been over 11,000 proposals for Amendments over the last 200 years Only 27 have made it through the entire process Examples: 1893 – The nation should hereafter be known as the United States of the Earth. 1912 – marriage between certain races should be abolished 1916 – All acts of war shall be put to a national vote. All those affirming shall be registered as a volunteer for service in the US Army
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Formal Amending Process Proposal – An amendment may be proposed either by a two-thirds vote in each house or chamber of Congress, or by a national convention called by Congress at the request of two-thirds of the state legislatures. LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Formal Amending Process (cont.) Ratification – An amendment may be ratified either by the legislatures of three- fourths of the states, or by special state conventions called in three-fourths of the states. LO 2.7 To Learning Objectives
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LO 2.7 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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LO 2.7 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Other Amendments 11 – Citizens can’t sue another state in Fed court 12 – Vote for the “ticket” 16 – income tax 17 – direct election of senators 20 – “lame duck” amendment – Jan 20th 27 – Congressional salary increase can not take effect until after the next election
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution - Most of the Amendments have made the Constitution more egalitarian and more democratic 15 th 17 th 20 th 23 rd 24 th 26 th
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Informal Process of Constitutional Change Judicial Interpretation – “Court Decisions” Expand Laws - Marbury v. Madison (1803) established judicial review. Ban or Reverse laws- Roe V Wade, 1973 LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Informal Process of Constitutional Change Changing Political Practice – “Custom” Political parties and the Electoral College practice today changed the Constitution. Presidents Cabinet No Third Term for President LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Informal Process of Constitutional Change (cont.) Technology – Mass media, atomic weapons, computers, and electronic communications have changed the Constitution. LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Informal Process of Constitutional Change (cont.) Increasing Demands on Policymakers – “Executive Action” Demands for more domestic and foreign policies changed the Constitution. “War” without declaration Executive Agreements – pact made by president with foreign nations LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Informal Process of Constitutional Change (cont.) Laws – actions of the Bureaucracy Better define the Constitution Add to the Constituion LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Changing the Constitution The Importance of Flexibility The Constitution is a short document (27 amendments and less than 8,000 words) The Constitution created a flexible government that could adapt to the needs of the times without sacrificing personal freedom. LO 2.7 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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LESSA S 9/13
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Understanding the Constitution LO 2.8: Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government. The Constitution and Democracy The Constitution and the Scope of Government To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Understanding the Constitution The Constitution and Democracy The Constitution created a republic (representative democracy based on limited government). Historically, there has been a gradual democratization of the Constitution away from the elitist model of democracy and toward the pluralist one. LO 2.8 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding the Constitution The Constitution and the Scope of Government Separation of powers and checks and balances promote demands for public policy to be heard. Separation of powers and checks and balances promote bargaining, compromise, playing one institution against another, and an increase of hyperpluralism. LO 2.8 To Learning Objectives
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LO 2.8 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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LO 2.1 Summary The Origins of the Constitution Ideas behind American Revolution and the Constitution were belief in natural rights, consent of the governed, limited government, responsibility of government to protect property, and equality of citizens. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.2 Summary The Government That Failed: 1776– 1787 The Articles of Confederation established a government dominated by the states, without a permanent executive or national judiciary. A weak central government could not raise sufficient funds, regulate trade, protect property rights, or take action without unanimous consent of the states. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.3 Summary Making a Constitution: The Philadelphia Convention The Framers were more educated, wealthy, and urban than most. Core ideas they shared were that people were self-interested, wealth distribution was a source of political conflict, the object of government was protecting private property, and balanced government is best government. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.4 Summary Critical Issues at the Convention The Framers intended to make the national government an economic stabilizer. The economic powers assigned to Congress left no doubt it was to forge national economic policy. The Framers did include some specific individual rights. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.5 Summary The Madisonian System The Founders reconciled majority rule with minority interests by constraining both the majority and the minority. The Madisonian system dispersed power among separate branches of government, and gave them shared powers so that each branch had a check on the others. LO 2.5 To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.6 Summary Ratifying the Constitution The Federalists, largely from the economic elite, supported a strong national government. Anti-Federalists, largely from the middle class, supported a weaker national government and wanted individual liberties. The Federalists promised to propose what became known as the Bill of Rights. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.7 Summary Changing the Constitution The formal amendment process requires supermajorities in both houses of Congress and among the states. The informal process includes judicial interpretation, changing political practices, technology, and the increasing demands on policymakers. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.8 Summary Understanding the Constitution The Constitution did not create a majoritarian democracy so majorities did not always rule. Gradual democratization of the Constitution – Right to vote has expanded, senators are elected, and president electors are now agents of political parties. To Learning Objectives
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 2.8 Summary Understanding the Constitution (cont.) By protecting individual rights and limiting government power to restrict them, the Constitution limits the scope of government. By dispersing power among institutions, the Constitution increases access of interests to government but also allows these interests to check each other and produce stalemate. To Learning Objectives
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