Foundations of American Government

After the Revolutionary War Ended... Adopted a 1st Constitution called ARTICLES OF CONFEDERATION Laid the foundation for a workable government

Articles of Confederation Series of Provisions or Sections Articles Partnership of Independent, Equal States Confederation A loose union of sovereign states in which the central government is given limited powers

Founding Fathers/Framers Wanted to make sure that their new government would be very different from the government of Great Britain

Articles of Confederation Represent the first constitutional agreement made between the 13 American states Determined the relative powers of the individual states Submitted to the Second Continental Congress on July 12, 1776, 8 days after the signing of the Declaration of Independence Ratified in 1781 Intentionally Established a Weak National Government

Pros Cons Nation’s 1st Constitution Gave the 13 States a Basis for Uniting During the War for Independence Most Power Was Held by the States No Executive Branch No Judicial Branch No System of Checks & Balances No Power to Tax No Power to Regulate Interstate Trade

Problems Foreign countries had little respect for the new country Congress could not pay colonial soldiers Each state had its own money system British reoccupied some of the forts in the Northwest Territory National Government was powerless Foreign countries had little respect for the new country

Openly Called for Change Called for a Return to a Monarchy Reaction George Washington and others were alarmed at what was happening... Some Others Openly Called for Change Called for a Return to a Monarchy

Constitutional Convention A movement began to examine and revise the Articles of Confederation.

Constitutional Convention February 1787 Independence Hall Philadelphia, Pennsylvania George Washington was elected to preside.

Convention Delegates 77 delegates were named to attend, but only 55 actually attended well-educated wealthy land owners 41 had served in the Continental Congress others had served in state government 8 were Governors relatively young /average age = 42 (many were under 30) Every state represented except Rhode Island

Georgia’s Delegates William Few Abraham Baldwin William Pierce & William Houston also attended but did not sign the Constitution

Shhh!!!! The Convention was so secret that a full account of what went on there was not made public until almost 60 years later.

A Republican Form of Government The delegates put personal feelings aside and worked together to create a form of government for ALL people... A form of government that has guided the United States for over 200 years! Great Seal of the United States Symbol of the Nation

Republic = provided for the common welfare of its citizens Where to Start? Discussed theories and ideas from the past Read the writings of philosophers Studied ancient Roman government the common people & aristocracy shared political power and were able to govern themselves without a king Republic = provided for the common welfare of its citizens

James Madison provided a clear image... Known as Father of the Constitution All the powers of government are given to the people. POWER The people elect representatives to make the laws. PEOPLE The people run the country. GOVERN Republic = representative democracy which gets its right to govern from the people it governs.

Representation Based on Population Two Major Plans... Virginia Plan New Jersey Plan Representation Based on Population All States Would Have Same Equal Representation Regardless of Population 3 Branches of Government: 1) Legislative – 2 Houses House of Representatives = elected directly by the people of each state. Senate = elected by the members of the House of Representatives from persons nominated by each state legislature 2) Judicial 3) Executive Congress would have a 1 house legislature Levy Taxes Control interstate and foreign trade Make laws and treaties with foreign nations State laws could not override the laws made by national Congress Executive Branch = composed of several persons selected by Congress Appoint a Supreme Court, which would have the power to handle conflicts

The Great Compromise Bicameral Congress House of Representatives Proportional Representation Senate Equal

Georgia’s Role in the Constitutional Convention When a vote was called on July 2, the small states threatened to walk out if they lost. Vote was very close. Georgia’s interests were with the large states, but no one wanted the small states to leave. The large states led the vote by one. Abraham Baldwin was the last to vote...

Baldwin’s Important Role Baldwin broke ranks to vote with the small states. The result was tie! In so doing, he was instrumental in bringing about the compromise.

3/5 Compromise Slaves were a large percentage of the population in the south. Debate over Slaves Votes Northern States = Did not want to count slaves because that would give the southern states more control. 3/5 Compromise = total number of free persons would be counted, but only 3/5 of all other persons (slaves) would be counted.

Georgia Slaves in 1790

Who Should Elect the President? The Citizens or Congress??? -- Created an Electoral College  Each state was allowed to select as many “electors” as it had members in Congress (House and Senate)  Electors would be allowed to vote for two people.  Person who received highest number of votes would be named president.  Person who received the second highest number of votes would be named vice president.  People would be indirectly selecting the president and vice president because their state representatives would choose people to vote on their behalf.

Today, there are a total of 538 electoral votes in the Electoral College. Every 10 years, the 435 U.S. Representatives are reapportioned among the states in accordance with the latest federal census, thereby automatically reapportioning the membership of the Electoral College.

Ratification (Approval) Approved by Delegates September 17, 1787 Sent to States for Ratification on September 28, 1787 Federalists = Supported a Strong National Government Anti-federalists = Opposed a Strong National Government

Bill of Rights First 10 Amendments were added so that citizens’ individual rights be specifically protected in the new Constitution. 9 States had to ratify the Constitution before it could become the official Constitution.  Delaware was the first.  Georgia was the fourth.

Why Did Georgia Ratify So Quickly? The Articles of Confederation had failed to create an effective national government for the new nation. Georgia needed the protection that a strong national government could provide against the Indian population. With promises of a Bill of Rights and the compromises in the constitution, individual liberties would be protected, and the national government would not be too strong. There was also a potential threat from Spain.

First Amendment Freedom of religion, of speech, of the press, and the right to assemble and petition government.

Right to keep and bear arms. Second Amendment Right to keep and bear arms.

Prohibits stationing of troops in homes without consent. Third Amendment Prohibits stationing of troops in homes without consent.

Fourth Amendment Protects against unreasonable searches and seizures and requires probable cause for search warrants.

Fifth Amendment Establishes grand jury; protects against double jeopardy and self-incrimination; guarantees due process and eminent domain.

Sixth Amendment Ensures right to speedy trial, to be informed of charges against defendant, to counsel.

Provides for trial by jury. Seventh Amendment Provides for trial by jury.

Eighth Amendment Prohibits excessive bail or fines and prohibits cruel and unusual punishment.

Ninth Amendment Does not deny people any rights that are not specifically mentioned in the Constitution.

Tenth Amendment Gives the states or the people all powers not specifically granted to Congress or denied to states.

The United States Constitution 1,800 words Been changed only 27 times since first adopted Written in a very terse (brief) general style A living document – can be changed/amended

Parts of the Constitution Preamble Articles Signatures Amendments

Overall... The Constitution is the highest law in the US. All other laws come from the Constitution in some way. It provides a framework for the government of the United States. It creates the Presidency, the Congress, and the Supreme Court. Each state has its own constitution that is the highest law for the state - but even then, the United States Constitution is higher.

Principles of the U.S. Government Sovereignty Constitutionalism Separation of Powers Checks and Balances Federalism Idea of supreme power or source of authority; power rests with the citizens. The national government and state governments share authority over the same territory and same people. Representatives are bound by the US and state constitutions. Ensures that no one branch becomes too powerful. Three branches of government with separate duties.

The Nation’s First President George Washington