The Constitution The Nation’s First Government The Road to the Constitution The Structure of Our Constitution Principles Underlying the Constitution

The Nation’s First Governments Before the Declaration of Independence was signed Second Constitutional Congress urged colonists to form state governments 1776 New Hampshire became the first colony to organize as a state Within years every colony had a new constitution

Massachusetts Constitution 1780 last constitution Three notable ways Distributed power among the legislature, the governor’s office and the courts The governor and the courts were given the authority to check the legislative It was created through a special convention of delegates elected for that purpose Model a framework government American’s Constitution

Confederation Government Articles of Confederation Our first constitution Went into effect 1781 Unicameral legislature One-house Every state had one vote Control over army Authority to deal with foreign nations Positive outcomes of Government Ordinance of 1785: Survey System Northwest Ordinance of 1787: Statehood for territories in west

Weakness of the Articles Could not enforce laws Could not tax Could not regulate trade No executive to direct policy No courts Congress couldn’t pass laws without 9/13 votes Congress couldn’t change without all 13 states

Weaknesses led to Shays’s Rebellion State governments had fallen deep in debt Farmer taxed to lose land Revolted Government couldn’t protect their citizens safety Rebellion caused people to realize Articles of Confederation were not working for the colonist.

Shays’s Rebellion Daniel Shays During 1786 and 1787

Road to the Constitution After 10 years Articles of Confederation not working Each state sent delegates meet in Philadelphia in 1787 to rework the Articles of Confederation This meeting is known as Constitutional Convention Rhode Island didn’t take part they oppose a stronger central government Sec 2

The Work Begins May 25, 1787 Philadelphia’s Independence Hall 55 delegates Well-educated Lawyers, merchants, generals, planters, governors, physicians Not there: Jefferson, Adams & Henry George Washington and James Madison became presidents Ages: Oldest Franklin: 81 Others relatively younger (30-40)

Early Key Decisions: George Washington to preside Meeting could not be held without certain number of states present Agree each state one vote Simple majority decide issues 7 votes would decide any issue Keep work a secret James Madison keep notebook Articles was to weak and the creating of new plan of government was needed

Creating the Constitution Not an easy job, but some of the most significant minds at work here to compromise and create our government

Two Plans for Government Virginia Plan Large state plan Massachusetts Pennsylvania New York Virginia Introduced by Madison Similar to our government today 3 branches Executive Judicial Legislative: based on population in both houses New Jersey Plan Small state plan Delaware New Jersey Maryland Introduced by William Patterson Government similar to Articles of Confederation One house Congress State equal representation and votes Congress could set taxes and regulate trade Power not in the Articles of Confederation

Compromise for Representation in Congress Connecticut Compromise/Great Compromise Introduced by Roger Sherman Two house legislature House of Representatives: based on population (larger states) Senate: based on equality (smaller) A compromise is a way of resolving disagreement in which both sides gives up something but gains something

THREE-FIFTHS COMPROMISES North and South South Greater than 550,000 enslaves Count enslaves for voting power in House of Representatives North Opposed the idea Enslaves could not vote or participate in government Enslaves should not be use as a voice in Congress

THREE-FIFTHS COMPROMISES Results: Delegates agreed that every 5 persons would count as 3 free person. 3/5 of slave population in each state would determine representation in Congress

Balancing View Points The First Political Parties: Federalist & Anti-Federalist

Federalist For Constitution For strong central government Federalism - (Federal System) share power between state & national governments Federalist Papers—essays defending the Constitution John Jay Alexander Hamilton James Madison

Anti-Federalist Against constitution Failed to protect individual rights and state rights: Freedom of speech and religion Against strong central government For state government power Refused to sign until addition of Bill of Rights

is the Supreme Law of the land The Constitution is the Supreme Law of the land http://www.youtube.com/watch?v=PIf7uFAKkJc Sec 3

Sections of the Constitution Divided into 3 main parts Preamble: introduction Articles: body (7) Amendments: changes (27)

Preamble: Introduction http://www.youtube.com/watch?v=z_fndUxKggI Preamble Activity Handout

The Articles of the Constitution: Article 1: Legislative body Bicameral house Senate and the House of Representative Makes laws Article 2: Executive body President & his administration Enforce laws Article 3: Judicial body U.S. Supreme Court only court created by constitution Interprets the laws

The Articles Continued Article 6: Supremacy clause Federal government supreme law of the land Article 7: Ratification of Constitution 9 state ratification conventions must vote for the Constitution to become law SEPTEMBER 17TH, 1787 SIGNED BY DELEGATES AT CONVENTION

Amending the Constitution Amendment Process Outlined in Article V Two step process: proposal and ratification Proposal 2 methods: 1st- is congressional action- a vote of 2/3 of members of both houses is required 2nd- by national convention requested by 2/3 of state legislatures Ratification – ¾ of states must ratify 1st- by a vote of either the state legislature or 2nd- special state convention 23rd Amendment only one been change by state convention

Interpreting the Constitution Supreme Court – final authority Constitution allows the House of Representatives To impeach or accuse federal officials Senate Determines guilt or innocence 25th Amendment ratified 1967 President die/vice become president Necessary and Proper Clause Article I – give power to Congress “to make laws” Allows Congress to exercise powers not listed in the Constitution `– implied powers Licensing TV stations to regulating air pollution

Principles Underlying the Constitution Section 4 There are five (5) fundamental principles or themes throughout the Constitution created in 1787.

Those Foundation Principles Popular Sovereignty Rule of Law Separation of Powers Checks and Balances Federalism

Popular Sovereignty Power of government lies with the people through voting Right to rule (sovereignty) Declaration of Independence: says government should draw their power Consent of the governed Same as Constitution says “we the people” (consent of the governed) Election of government officials by the people: 15, 19, 23 and 26 amendment grants power to vote

Rule of Law Government needs to be strong but not too strong as to take rights away from the people Power is limited by the constitution Powers granted to government Article 1 Section 8 1-17 Limited powers to government Article 1 Section 9 Bill of rights: limits power Law applies to everyone: nobody is above the law

Limited Government British ideal established unlimited government like: Magna Carta and English Bill of Rights Under the Constitution: Government can do only what the people allow it to do by law

Separation of Powers Ideal created by Enlightenment Philosopher: Montesquieu Protect against abuse of power by any branch by dividing power between the 3 branches of government and giving each a specific power Legislative branch: law making Executive branch: enforcing law Judicial branch: interpreting the law

Checks & Balances Activity In order to prevent anyone branch from becoming too powerful the framers created a way for each branch to check the other branches power Chart page 88 _____________ impeaches the President _____________ vetoes legislation created by Congress _____________ appoints the Judges & federal Justices at the federal level _____________ declares acts/laws unconstitutional

The Principle of Federalism Limits our government by dividing the power between the state and federal (national) government It grants each level specific powers (chart page 89) Expressed/enumerated: federal/national powers (war) Reserved: states powers (schools) Concurrent: both state and national have the power (taxes) But the federal government is supreme because of supremacy clause found in the constitution in Article 6 “supreme law of the land”