New Plan of Government Chapter 7, Lesson 3

New Plan of Government Inspiration for the New Constitution included: Magna Carta (1215) – Placed limits on the Power of the Monarch in England, especially finance and war on the legislative body. English Bill of Rights (1689) – Set limits on monarchs, the powers that parliament has, and rights of individuals including protection from cruel and unusual punishment. The Enlightenment – Movement during the 1700s that promoted knowledge, reason, and science as a means to improving society. John Locke – believed that all people had natural rights (life, liberty, and property), and that government and people had a Social Contract (Government protects people rights by being limited, and people must respect the government.) Baron de Montesquieu – Believed that powers of government should be separate and balanced (Separation of Powers and Checks and Balances)

New Plan of Government Federal System of Government – The Constitution created a system of government known as Federalism (Power between the national and state governments were divided and shared.) National government had broad powers such as taxation, regulation of trade, control over currency, raising an army, and declaring war. It could also pass laws it felt were necessary and proper. State governments had the power to make laws and regulate trade within their borders, establish local governments, schools, and other institutions affecting welfare and citizens. Both had the power to tax and build roads.

New Plan of Government The Constitution and the laws of Congress are known to be the “The Supreme Law of the Land.” (Article VI/6) No state could make a law or take action that went above or against the Constitution (Rule of Law) Disputes between the federal and state government were handled in federal court on the basis of the Constitution. The Constitution is the final and supreme authority. The Federal Government is divided into three branches. Legislative Branch – Law Making Branch of Government. Article I/1 Congress is made up of a House of Representatives and Senate. Powers include: Taxing, Coining Money, Regulating Trade, Declaring War, Raising an Army, etc.

New Plan of Government Executive Branch – Enforcement Branch of Government. Article II/2 Headed by President who carries out nation’s laws and policies. President is Commander-in-Chief of the armed forces and conducts relations with other countries. President and Vice President are elected by a special group known as the Electoral College (States select electors to cast their vote for the president and vice president, with the number of electors based on senate and representatives combined.) Judicial Branch – Court System Branch of Government. Article III/3 The Nation’s judicial power rests in one Supreme Court with any other lower courts that the Congress may establish Supreme Court hears cases based on the Constitution, laws passed by Congress, and disputes between the states.

New Plan of Government Checks and Balances – The three branches have roles that check, or limit, the other braches. Prevents any one branch from becoming too powerful. Both the house and senate must pass a Bill for it to become a law but the President may veto (reject). Congress can check the president with a two-thirds vote from both houses to pass the bill itself. President may appoint Supreme Court Judges, but must be approved by the Senate. Courts can rule on the constitutionality on laws of the legislature and acts of the President. The New Constitution would be debated by Federalists and Anti-Federalists.

New Plan of Government Federalists – Supporters of the new constitution. Supported by Ben Franklin, George Washington, James Madison, Alexander Hamilton, and John Jay. Madison, Hamilton, and Jay wrote a series of essays known as the Federalists papers to support and defend the Constitution. Anti-Federalists – Those who opposed the new constitution. Believed the constitution would create a strong central government that would ignore the will of the people, favoring the rich over the poor. Also wrote their own papers known as the Antifederalist papers to discourage support of the Constitution. The strongest criticism of the constitution was a lack of Bill of Rights to protect individual freedoms. Many states only said they would not support the constitution until a Bill of Rights was added.

New Plan of Government Adoption of the Constitution began with Delaware on December 7, 1787 and the ninth state of New Hampshire on June 21, 1788. Theoretically this mean the constitution was now in effect but they lacked the support of Virginia and New York. Despite Patrick Henry’s fierce speeches against the Constitution being too powerful, Virginia eventually adopts at the end of June 1788 after being assured that a Bill of Rights would be added. By May 1790 the final three states adopted the Constitution. (New York, North Carolina, and finally Rhode Island. The Bill of Rights was added in 1791 and now we are ready to begin the work of government.