The Constitution Chapter 3 with Section 3 of Chapter 2
Video From PBS’ “Liberty” series, final Episode VI “Are We to Be a Nation” (start right at beginning of period to mostly finish)
Chapter 2 Section 3 Articles of Confederation
1st & 2nd Continental Congresses began the country 2nd CC = Declaration of Independence, gov’t for Rev War 2nd CC wrote the Articles - took 3 1/2 years for ratification needed all 13 states - Maryland held out over western lands March 1, 1781, Articles went into effect thru March 4, 1789
Confederation Congress unicameral legislature 2 – 7 delegates from each state Each state had one vote Minimum of 9 votes needed to approve Unanimous vote to amend the Articles What does it mean to “amend”? 3 members served as an executive council
Powers of Confederation Congress Regulate weights & measures Create post offices Borrow & coin money Direct foreign affairs, war, & peace Build & equip a navy Can ask for an army from the states settle disputes between the states
Problems with Articles Gov’t Needed 9 votes not just a majority, unanimous vote for amendment No true executive or judicial branch Not allowed to tax Could not regulate trade – each state… Could not enforce treaties – Britain & Spain… No power to deal with Indians
Events that led to change Confused economy & debts from Rev War Shays’ Rebellion in Mass VA & MD’s arguments over Potomac River & Chesapeake Bay met at Mt. Vernon Annapolis Convention - only 5 states attended Hamilton & Madison took lead Philadelphia Convention...Constitutional Convention
Who attended... We the People, Lesson 11 work
How the Constitution came to be Virginia Plan with the New Jersey Plan became the Great Compromise (Connecticut Compromise) Bicameral legislature, executive, judicial branches Three - Fifths Compromise - for census & taxes Commerce Compromises - trade controls; slave trade Executive Compromises - Electoral College; impeachment Ratification - 9 of 13 - Federalists vs. Anti-Federalists
Outline of the Government Article I - Legislative Branch - Congress Article II - Executive Branch - President Article III - Judicial Branch - Supreme Court & Federal Courts Article IV - Relations among the States Article V - Amendments Article VI - Supremacy of the Law Article VII - Ratification
Chapter 3 Section 1 Basic Principles of the Constitution
Basic Principles of Constitution Popular Sovereignty - all the political power resides in the people Limited Government - gov’t can only do what the people have empowered it to do - “rule of law” Separation of Powers - powers are divided among 3 independent & coequal branches of gov’t Checks & Balances - each branch of gov’t is subject to a number of checks or restraints by the other branches (see chart)
Basic Principles (con’t) Judicial Review - power of the Court to determine the constitutionality of a government action of laws, or executive orders (actions) Video: “Understanding the Judicial Branch” Federalism - division of power among national, state, & local governments Federal Powers, State Powers, Shared Powers
Section 2 - How to make an Amendment Plan A - Proposed by 2/3s Congress Ratified by 3/4s of state legislatures or 3/4s of state conventions Plan B - Proposed by a national convention when requested by 2/3s of state legislatures Ratified...same way Note: never done this second way yet
Amendments 27 Amendments to date - see pgs Bill of Rights - 1st 10 Amendments - see pg 62 How about amendments proposed but never ratified? Assignment…
Section 3 - Change by Other Means Basic Legislation - use of the Elastic Clause in the way Congress defines the powers from the Constitution Executive Action “Powers” - aka Executive Orders executive agreements w/ head of another country different from a formal treaty Court Decisions - interpretations of law judicial review
Change...con’t Party Practices - strongly influence election procedures & policy decisions Consider impact on electoral college & leadership in the House & Senate Custom & Usage “unwritten Constitution” - like the Cabinet senatorial courtesy for federal judges