Creating the Constitution of the United States We The People Creating the Constitution of the United States

Objective #1: The 1st National Government A. Need NEW Government after & during Rev. War 1. Fear of Strong National(federal) Government a. King had too much power b. States/Colonies didn’t want to be told what to do c. States have only real governments

Objective #1: The 1st National Government B. Articles of Confederation 1. Creates 1st FEDERAL/National Gov’t for USA 2. VERY WEAK POWERS a. NO LEADER (Ex. President or King) (People afraid of strong leader) b. Congress only Federal Branch of Government **Can’t force states to use its laws **Can’t pass taxes (Can only ask for $) 3. STATES HAVE ALL THE POWER a. Can make their own money b. Have their own militias (military) c. Do not have to follow laws passed by Congress

Objective #1: The 1st National Government

Objective #1: The 1st National Government Why would State Flags fly higher than the U.S. flag during the Articles of Confederation?

Objective #1: The 1st National Government C. Need a new Government 1. Shays Rebellion a. Took Volunteers to get Militia Ready b. Scares Founding Fathers (Washington) 2. Convention called to ‘Fix’ Articles a. 12 States send delegates b. GOAL: Fix the Articles c. Result: Throw Away the Articles (Too Broke to Fix!) 3. What to Do? Problems: How much Federal Power? Big States v. Small States Form of Government

Objective #2: The Great Compromise A. Congress created as part of ‘New Constitution’ 1. Big States and small states fight for power B. New Jersey Plan (Small State) 1. Kept much of Articles of Conf. a. 1 house Legislature b. Every State Equal in Congress c. More power to Tax C. Virginia Plan (BIG STATE!) 1. 3 Branches of Government (L, E, J) 2. Bicameral Legislature (2 Houses) 3. Leg. Decided by Population

Objective #2: The Great Compromise D. The Great Compromise 1. 3 Branches of Government (Each balances the other) a. Bicameral Legislature (2 Houses) *Senate- 2per state *House of Rep.- By Population *Made Big & Small States Happy b. Executive (A leader) & Judicial (Courts) 2. Another Compromise a. 3/5 Compromise (Slavery) *Deal with South for counting slaves for deciding House of Rep = By population NV has 3 CA has 54 = 2 Per state (All States Equal

Objective #3: The Government A. Ideas for What to Do 1. James Madison (Virginia) a. Studied government and laws from all over world 2. Form of Government a. Republic- People chose the people to lead them (Not real Democracy!) 3. Federal Power a. Must be more important than State (1 Nation NOT 13 Countries)

Objective #3: The Government B. Executive Branch 1. Job is to enforce the laws and put someone in the role of a leader (President). 2. “Man of Many Hats” a. Head of State (Represents U.S. to the World) b. Commander in Chief (Head of the Military) c. Chief Law Enforcer (Enforces Laws) d. Cabinet Members: People hired to run each area while the president does the other jobs 3. Term in Office a. Elected every 4 yrs. (Can only serve 8) **Electoral College b. Must be born in US / Must be 35 yrs. old

Objective #3: The Government

Objective #3: The Government B. Legislative Branch 1. Congress (House & Senate) a. GREAT COMPROMISE!!!! *House of Representative (Population) *Senate (2 per state -No matter how big or small) 2. Making Laws a. Both House and Senate must pass and agree on the same law before sending it to the president for approval 3. Terms in Office a. House of Representatives *2yrs. / 25 or older / Citizen for 7yrs. b. Senate *6yrs. / 30 or older / Citizen for 9yrs.

Objective #3: The Government C. Judicial Branch 1. Reviews laws and disputes. a. Supreme Court *Highest Court in the U.S. (What they say goes) b. Lower Courts *Listen to cases before the Supreme Court (ex. Military/Appeal/District/Maritime/Civil) 2. Judicial Review a. Courts can decide if laws passed and enforced by Congress & President are Constitutional 3. Terms in Office a. Life for all judges (Until you die or go crazy) b. 9 Supreme Court Judges

Objective #3: The Government

Objective #4: Checks & Balances

Objective #4: Checks & Balances A. Checks & Balances 1. Each branch has power to keep the other from getting too powerful!! a. President -Picks Judges/Makes Treaties/Hires People -Veto- Can cancel a law passed by Congress b. Congress (Senate) -OK’s President’s picks (Can say NO!!) -Can Override Veto c. Judicial -Judicial Review (see above) B. Federal System **Laws made by the federal Government are above all Sate Laws!! 1. Supremacy Clause

Objective #4: Checks & Balances

Objective #5: Changing the Constitution A. *Amendments = Changes to the Constitution Bill of Rights (First 10 Amendments) Guarantees the rights that the government cannot take away. 1. Freedom- Press/Speech/Religion/Assembly 2. Right to bear Arms (Militia?) 3. No Troops in Homes **PG. 204 U.S. 4. Search & Seizure 5. Rights of Accused (People who are arrested) 6. Right to Speedy Trial & Jury 7. Jury Trial in Civil Cases 8. Bail & punishment (No Cruel & 9. Powers given to the People 10. Powers given to the States

Objective #5: Changing the Constitution Who does each character symbolize? Why is the man struggling? Why do we need both?

Objective #5: Changing the Constitution C. How to add Amendments (Article 5) 1. Congress by 2/3 vote a. Approval (ratify) by: *State Legislatures (3/4) or *State Conventions (3/4/) 2. National Convention called by Congress or States b. Only NEW amendments can change an amend Civil Rights / Slavery / Crazy Presidents

Objective #5: Changing the Constitution D. Approving the Constitution! 1. Needed 9 of 13 States to Approve (All 13 would be impossible) 2. Problem: Federalist- believe it is too weak a. Anti-federalist – federal gov’t too Powerful b. Will Not Support without Bill of Rights 3. 1788 NH approves 1791 Starts