1. Chapter 2-3 Review Government 12

2. Magna Carta, Petition of Right, English Bill of Rights- “Freedom Charters” Explain the influence the Magna Carta, Petition of Right, and the English Bill of Rights had upon the creation of the Constitution. *Include specific information with examples. All freedom documents limited the powers of the monarchy and protected the rights of individuals by assuring that they would be protected from the abuses of those in power. The people had the right of a trial by jury and protection against arbitrary taking of life, liberty, or property.

3. What Influenced the Constitution? Magna Carta, Petition of Rights, English Bill of Rights The intent of the Magna Carta was to limit the powers of King John which is incorporated into our Constitution in the creation of the Articles 1-3 with each branch given specific duties and allowing each to “check” the other so as to create a sense of balance within the government. This would include the right of our representatives in Congress to consent to any taxes. Additionally, Due process, trial by jury, no cruel or unusual punishment, no excessive bail or fines, the right to bear arms, right to petition were integral components of each of the documents and you will see, almost word for word, the rights expressed in the 1 st, 4 th, 5 th, 6 th, 8 th Amendments. The rule by the people was ideas that were important to the creation of the freedom documents and to representative government. The people would create and approve of the Constitution that would assert the rule of law limiting the powers of the National government protect the peoples’ individual rights.

4. Amendments influenced by “Freedom Charters” Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

5. Amendments influenced by “Freedom Charters” Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

6. Signing of the Magna Carta 1215 Magna Carta established that the power of the Monarch was not Absolute. Included right to trial by jury and due process of law Protection against arbitrary taking of life, liberty, or property.

7. Petition of Rights 1628 King Charles I was forced to sign the Petition of Rights by England’s Parliament which limited his powers to tax without consent of Parliament, could not imprison or punish with lawful judgment of his peers, or by the law of the Land (No one is above the Law- Rule of Law--- including the Monarch!). Also, homeowners cannot be required to shelter the King’s troops without their consent or impose martial law in times of peace.

8. In 1688 after years of revolt Parliament offered to crown William and Mary of Orange. But they must agree to an English Bill of Rights and in 1689. It limited the powers of the Monarchy

9. Terms to Know Anti-Federalists boycott Commerce and Slave Trade Compromise Connecticut Compromise English Bill of Rights Federalists Magna Carta representative government Virginia Plan Petition of Right charter colonies Articles of Confederation proprietary colonies amendment Bill of Rights checks and balances constitutionalism article rule of law separation of powers

10. Terms Anti-Federalists: opposed the ratification of the new Constitution for a variety of reasons but the two major reasons included the fact the central powers gained powers and the state would lose powers. While the Constitution would create a dual system of government with the national government be given specific duties and the State given the remainder, it did not allow states laws to contradict national laws and the national government would have the power to print currency and not the States. The second reason was a lack of a Bill of Rights. People, including Thomas Jefferson, believed strongly in protecting the rights of individuals from what could become an oppressive government. Many States had their own Bill of Rights and it seemed only logical to add a bill of rights to the National Constitution, and eventually the Federalist, including James Madison, agreed to add a bill of rights after the Constitution was ratified. Pg 56, 57

11. Terms Federalists: Favored ratification of the Constitution and stressed the weaknesses of the Articles and the need for three branches of government and a stronger central government. The Federalist papers written by Alexander Hamilton, James Madison, and John Jay made arguments on behalf of the Constitution. In Federalist No. 78 Hamilton argued the need for an independent judiciary and a role in interpretations of laws and to determine their constitutionality (see Article III of the Constitution). In Federalist No. 51 James Madison discusses the need for checks and balances to guard against a gradual concentration of the powers in one department. Pg 56, 57

12. Terms Magna Carta: Written 1215 AD by the land owning Barons to force King John to comply with their wishes if he wanted their support and additional taxes. It would limit his ability to arbitrarily take life, liberty, or property without first giving individuals a jury trial and due process of the law. It would require him to follow the law of the land and sent a message that the power of the Monarchy was not Absolu te. Pg 29, 30 English Bill of Rights: 1688/1689 Document created by Parliament to make sure the new monarch’s William & Mary understood the rights of Parliament and the people would be protected under their rule. Parliamentary elections would be free, that laws cannot be suspended with the consent of Parliament, right to a fair trial, freedom from excessive bail and from cruel and unusual punishment, and Parliament must agree to all taxes, and people have a right to petition the government without fear of punishment. Pg 30 Petition of Right: Created by the English Parliament in 1628 to limit the powers of Charles I of England and demanded that no person can be imprisoned without lawful judgement of his peers or by the law of the land. No taxation without consent of Parliament, and even the monarch must follow the laws of the land. Pg 30.

13. Terms Amendment: The Framers of the Constitution understood the need to allow the new Constitution the ability to change with the needs of the country and Article V sets out two methods for the proposal and two methods for ratification of constitutional amendments. Pg 72-73 Bill of Rights: Constitutional guarantees of freedom of belief and expression, of freedom of security of the person, and fair and equal treatment before the law. Pg 76 checks and balances: each branch of government has certain powers that can check the operations of the other two. Page 68

14. Terms Constitutionalism: Concept of limited government according to constitutional principles, in which no one is above the law, also is described as the rule of law. Pg 65, 66 Article: The introduction of the Constitution is known as the Preamble and the remainder of the document is divided into seven articles with the first three dealing with the three branches of the National government. Pg 65 Rule of law: concept that all government officials and offices are not above the law or are accountable to the rule of law. Pg 66 Separation of powers: in a presidential system basic powers are separated among three distinct and independent branches of government. Article I, II, and III are examples of the separation of powers in our Constitution. Pg 66

15. Terms Charter colonies: a written grant given them to be virtually self-governing. Both Rhode Island and Connecticut were charter colonies and while they were required to ask the King for approval of a newly elected Governor they often did not ask. Articles of Confederation: Acted as how the government would be structured and conducted once 13 States ratified the Articles. They were effective March 1, 1781 until the ratification of the U.S. Constitution in 1789 that would replace them as the structure of government. Many prominent members of the colonies found them to be ineffective because they gave little power to the central government and blamed them for the economic crisis in the 1780’s and called for a convention to rewrite them in 1787. As it turned out they completely replaced the Articles with the Constitution. See page 45,46. Proprietary colonies: There were three propriety colonies in 1775, Maryland, Pennsylvania, and Delaware. The proprietor was given a land grant by the King and that would allow them to govern and settle the land as they saw fit.

16. Terms Boycott: a refusal to buy or sell certain goods. They can be effective if enough people participate. The Stamp Act was repealed by the English Parliament after the colonies organized and participated in a boycott refusing to buy or sell English goods in the colonies. Pg 36 Commerce and Slave Trade Compromise: Congress was forbidden the power to tax the export of goods from any State. It also forbids them from the power to act on the slave trade for a period of at least 20 years. And could not interfere with importation of slaves until 1808. Pg 53 Connecticut Compromise: it was agreed congress should be composed of two houses with the Senate to have equal representation for each state and the House of Representatives to be based on the population of the state. Also known as the Great Compromise. Pge 52

17. Terms Representative Government: The idea that government should serve the will of the people. People should have a voice in deciding what government should or should not do. Virginia Plan: created at the Philadelphia Convention in 1787 to create a new plan for the government to replace the Articles of Confederation. It created three branches of government and guaranteed a republican form of government in all the States and the national government could veto any state laws that conflict with national law. Representation was based on population in each State in the bicameral legislature, or upon the amount of money it gave to support the central government. See page 51.

18. Concepts to understand -ideas of the Declaration of Independence -What did the First and Second Continental Congress accomplish? -Charter, royal, proprietary colonies. -Influenced the Framers of the Constitution. -State Constitutions and Articles of Confederation have in common. -Major issues of the national government after the Revolution. -Franklin’s thoughts on the new Constitution. -Article of Confederation - We the People… who controls? -Bill of Rights, when, what, and why were they seen as necessary. What group insisted? -Formal Amendment process -Checks and Balance amongst the branches. -Connecticut Compromise

20. Ideas of the Declaration of Independence 1. That all men are created equal and are endowed by their Creator with certain unalienable rights. 2. Rights to guarantee: Life, Liberty, and the pursuit of happiness. 3. Government derives its power: From the consent of the Governed. 4. “He” has refused to assent to the needs of his people (American Colonies) King George III of Great Britain 5. As a free and independent state we have a right to: To declare war, conclude peace, contract alliances, and establish commerce. 6. Unhappy with judges paid by the King because…..Judges were likely to favor the king over the colonist in court. 7. “all men are created equal”….? Did not include African Americans, and limited rights of Women, and Native Americans who were denied the right to live and govern on their own land. 8. Evidence that the colonist had already unsuccessful voiced their concerns: Declaration claimed that the colonist had petitioned the king many times. (Declaration of Rights, Declaration of Rights and Grievances).

21. Continental Congress 1 st met in Sept 1774 for almost two months; Sent Declaration of Rights to King; Called for local committees to enforce boycott of British goods to force them to repeal the taxes and trade regulations. Also, agreed to meet again in May of 1775. 2 nd C.C. Met for five years until 1781 and the passage of the Articles of Confederation They were the 1 st National Government and pass the Declaration of Independence.

22. What did the First and Second Continental Congress accomplish? What did the First Continental Congress accomplish? A: In response to the Intolerable Acts (Coercive Acts) passed by Parliament delegates from every colony (except Georgia) met in Philadelphia to discuss their reply to the Acts. For two months they discussed the issue and sent a Declaration of Rights to the King and they urged colonies to refuse to trade with England and they called for local committees to enforce that boycott until the taxes and trade regulations were repealed. And agreed to meet the following May (1775) What did the Second Continental Congress accomplish during the time it functioned as the first government of the United States? A: With the adjournment of the 1 st CC in Oct of 1774 they agree to meet again in May 1775. During that break all the colonial legislatures supported the actions of the First C.C. (including Georgia). The revolution had already begun with battles in Lexington and Concord prior to the May meeting and in the ensuing years they were the national government until the passage of the Articles of Confederation in 1781. They fought a war, raised an army and navy borrowed funds, bought supplies, created a monetary system, and made treaties with foreign powers. They were organized as a Unicameral Congress with all authority.

24. Royal, Proprietary, and Charter Colonies Which had the most freedom in the way it was run in regards to the Crown’s influence? A: The development of the colonies was a different as the territory and resources available within those colonies. The Royal colonies were closely monitored by the crown with the governor being appointed by the King and he was assisted by a council whom evolved into the upper house of a bicameral legislature with the lower house elected by property owners. So even with the over site of the King the houses had power to tax and spend. However, the laws passed had to be approved by the governor and the king. The Proprietary colonies were owned by a proprietor who would appoint a governor and, as with the royal colonies, appeals from decisions could be carried to the King. The Charter colonies had the freedoms that included electing the governor, and the elected bicameral legislature laws were not subject to the veto of the governor. And while the King was to approve the governors appointment it was often not asked, thereby establishing a precedent giving them a sense of independence.

26. Additional influences to the writing of the Constitutio n. In addition the Freedom Documents---Magna Carta, Petition of Rights, English Bill of Rights and the influences of Locke, Rousseau and others the Framers of the Constitution were influence by: Their State Constitution: List the common features of the new state constitutions. Who had most of the authority in the state? A: One of most important features the right of popular sovereignty in which the government exists only with the consent of the governed. Limited government with most of the authority of the government given to the elected legislatures. With the inclusion of the protection of the civil rights and liberties and a separation of powers and the frequent election of the members of the legislature (1-2 years) it was intent on protecting the rights of the electorate (property owning white men) from abuses that occurred under the British Government The state constitution were similar to the Articles of Confederation in that they limited the power of government and assured popular sovereignty.

27. Major issues of the national government after the Revolution Central Government was not supported (financially or otherwise) by the States and could not deal with conflict in Massachusetts– Shays Rebellion. States were taxing one another and making trade agreements with foreign nations. Economic chaos spread with prices soaring and debts going unpaid. States printing there own money. Prominent business leaders and past revolutionary leaders were concerned that if there is no changes in the structure of government then our nation would dissolve and 13 would replace the one. *Need a stronger Central Government!

28. Article of Confederation: List and explain the weaknesses of the Articles of Confederation *See page 45 one vote for each state regardless of size, congress powerless to regulate foreign and interstate commerce, no executive to enforce acts of congress, congress powerless to lay and collect taxes or duties, no national court system, amendment only with consent of all states, a 9/13 majority required to pass laws, only firm league of friendship.

29. Franklin’s thoughts on the new Constitution Ben Franklin at the age of 81 attended the Federal Convention and when the Constitution was completed he understood it to be imperfect, for the men assembled were imperfect, yet he believe it was the best they could produced and believed the delegates should go to their home States and support the ratification of this Constitution.

30. We the People… who controls? Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The People Control- Popular Sovereignty

31. Bill of Rights, when, what, and why were they seen as necessary. What group insisted? The First 10 Amendments to the Constitution were known as the Bill of Rights. Proposed at the meeting of the 1 st Congress under the New U.S. Constitution in 1789 and ratified by the States in late 1791. The Anti-Federalist were concerned that individual liberties would not be protected by the National government if they were not explicitly protected in the Constitution. Thomas Jefferson had agreed to support the Constitution only if basic rights held by the people were immediately added to the Constitution. With the promise to add a Bill of Rights support swung in favor of ratification of the Constitution.

33. Formal Amendment process- page 73 Most often used- first method- Amendment is proposed by 2/3 vote in each house of Congress and ratified by 3/4 th of State Legislatures. Twenty-Six of the Twenty-Seven Amendments were adopted in this manner. 2 nd Method: 21 st Amendment adopted in this way- proposed by Congress and ratified by Convention in ¾ of the States. 4 th method was used to create the Constitution – National Convention and then 3/4 th of States must approve to ratify the original Constitution.

34. Informal Method to Amending the Constitution Basic Legislation: 1789 Judiciary Act, in full Judiciary Act of 1789, act establishing the organization of the U.S. federal court system, which had been sketched only in general terms in the U.S. Constitution. The act established a three-part judiciary—made up of district courts, circuit courts, and the Supreme Court—and outlined the structure and jurisdiction of each branch.district courtsSupreme Courtjurisdiction Executive Action: Can use his position as commander and chief of the armed forces to send troops or other and declare war without a formal declaration of war. President can issue an executive agreement making a pact, or treaty, with a foreign government without formal approval from the senate. Court decisions: Marbury v. Madison 1803, established the precedent that the supreme court, and other federal courts can informally change the constitution by its decisions. Party Practices:The process of nominating candidates is not in the constitution but the political parties have developed a process to do so including their interaction with the Electoral College (which is in the constitution). Congress is divided along party lines and most of its business is conducted based on the party. Custom:By custom, not because the Constitution says so, the heads of 15 executive departments make up the Cabinet, an advisory body to the President. Senatorial courtesy- Senate will approve only those presidential appointees who are acceptable to the senator or senators of the President’s party from the State involved. Prior to passage of 25 th Amendment is was customary if the President died for the vice president to succeeded to the office of president even though the constitution only called for the powers and duties to go to the v.p. but not the “office of the president”. This was changed with the passage of the 25 th amendment. It was customary prior to Franklin Roosevelt’s third term in office for president to serve no more than two terms. Officially it was added as a formal amendment in 1951 – 22 nd.

36. Checks and Balance amongst the branches. See chart page 68. Example the President may veto any act of Congress but Congress can “check” the Executive Branch by overriding a veto. Congress can override a veto with 2/3 vote from congress Judicial Branch can rule a law is unconstitutional and it becomes null and void.

38. Virginia Plan & New Jersey Plan *See page 51-52. Virginia Plan created three branches of government and representation based on population or upon amount of money it gave for support of the central government. Lower House would be elected in each State, Upper House, the Senate, were to be chosen by the House from list of persons nominated by the State Legislatures. Given same powers under Articles of Confederation but could veto State law that conflicts with national law (supremacy of the Central Government). Congress would choose National Executive and Judiciary and together they could veto acts passed by Congress but could be overridden by the two houses. Executive authority to execute the laws, and judiciary consist of one or more supreme courts and inferior courts. New Jersey Plan: Obviously the smaller states were concerned with the large states influence in congress and countered with a plan of their own; Retain unicameral congress with equal representation in each state and limited powers to congress to tax and regulate trade between the States. The federal executive would be more than one person and chosen by congress and could be removed by majority of state governors. A single supreme court appointed by the executive.

39. Connecticut Compromise or The Great Compromise Connecticut Compromise or the “Great Compromise”: composed of two houses Senate would have equal representation and the House would be based on population of state.