“We the People…” The Constitution in Review

What is Government? We need government to protect the rights of the people. In America we have a Republican form of government – The people elect leaders to make laws and vote on decisions for them In America we also have a Constitutional government – A Constitutional government has limits to its power. Opposite of a dictatorial government.

Separation of Powers To avoid the abuse of power, we separate powers into three branches. – Legislative, Executive, and Judicial These branches check and balance each other to make sure one does not become too powerful and begin to abuse its power.

What shaped the Founders’ Thinking about Government? Life in colonial times Events leading up to the American Revolution Declaration of Independence The American Revolution Articles of Confederation

What happened at the Philadelphia Convention? Delegates from 12 of the 13 states met in Convention at Philadelphia in 1787 Originally came to revise the Articles of Confederation End up starting all over again. Spend the summer writing a new Constitution. James Madison, George Washington, Benjamin Franklin, among others.

Article 1: Legislative Branch The Virginia Plan called for two houses of Congress with representation based on population--the more people you have, the more votes you get. The New Jersey Plan called for one house of Congress with equal representation--each state gets one vote. The Great Compromise = Two houses of Congress. One house has proportional representation, the other has equal representation.

Problems with Representation 3/5 Compromise: Counted slaves as 3/5 of a person when it came to representation. Slaves were seen as property and were not citizens of the US. – This compromise was voided after the Civil War amendments made slavery illegal and gave citizenship to Black Americans.

Powers of the Legislative Branch Enumerated Powers: Framers who wanted to limit the powers of Congress supported these powers. They laid out specific things Congress could and could not do. General Powers: Framers who wanted to give more power to Congress supported these powers. They generally said Congress could pass any laws that were “necessary and proper.” This is known as the Elastic Clause.

Article II: Executive Branch The qualifications for the President – 35 years old – Natural born citizen, etc. The Powers of the President – Make treaties – Commander in Chief of Military, etc. The Responsibilities of the President – State of the Union address – Budget suggestions, etc.

Article III: The Judiciary Supreme Court Courts of Appeal Very vaguely described branch of government.

How did the People approve the new Constitution? Ratification = the process of officially approving Framers wanted the people to vote on approving the new government plan 9 of the 13 states had to ratify the document Federalists were for the Constitution; Antifederalists were against the Constitution Constitution is ratified after Framers promise to add a Bill of Rights

How was the Constitution used to establish the US government?

Political Parties The first political parties developed naturally due to disagreements over the meaning of the words in the Constitution Federalists vs. Antifederalists Political parties are not mentioned in the Constitution. Today they are a major part of our government.

Judicial Review The right of the Supreme Court to review laws and lower court decisions and decide if they are Constitutional. The Supreme Court assumed this power in 1803 in the landmark case Marbury vs. Madison. To determine the meaning of the words in the Constitution, justices could use: 1. The plain meaning of the words in the Constitution 2. The intention of the Framers 3. Fundamental principles of government 4. Today’s social values and needs.

How does the Constitution Protect our Basic Rights? The Bill of Rights, the first 10 Amendments to the Constitution, lay out basic rights that are protected. Freedom of: – Speech, Religion, Press, Assembly, Petition Right to: – Vote, Trial by Jury Protection from: – Cruel and Unusual Punishment, Unreasonable search & seizure Etc.

Freedom of Religion Religious freedom can be limited if it will endanger the life and health of others, if it is contrary to public morals, if it goes against the common welfare. Establishment Clause: the government cannot establish a national government, and cannot favor one religion over another.

Freedom of Expression This freedom can be limited by government in times of war, and when your expression create a clear and present danger to the common welfare

What are the Responsibilities of Citizens? We have many rights in America. We also have many responsibilities. Accepting the consequences for our actions Considering the rights and interests of others Taking care of and supporting yourself and your family Obeying the law Paying taxes Voting Serving as a juror Participating in Civic groups Etc.