Essential Documents of the American Government Government – Libertyville HS

Declaration of Independence What do you remember from US History? What do you remember from US History? Background Background April 1775: Rev. War started April 1775: Rev. War started 1776: Continental Congress convened in Philadelphia 1776: Continental Congress convened in Philadelphia

Declaration of Independence “Committee of Five” to draft Declaration “Committee of Five” to draft Declaration Thomas Jefferson (primary author) Thomas Jefferson (primary author) Ben Franklin Ben Franklin John Adams John Adams Robert Livingston Robert Livingston Roger Sherman Roger Sherman

Declaration of Independence Brainstorm: What was the purpose of the Declaration of Independence? Mr. Duffy’s three purposes Lay out principles of government of new state Voice independence of 13 colonies from England Explain WHY colonies were breaking away from England

 Review the first two paragraphs of the Declaration...  How is it organized?  Is it logical?  What are the principles of this new government?

Articles of Confederation First experiment of colonies to have a document governing their interactions Establish a “firm league of friendship” Characteristics of AOC States maintain their independence and sovereignty Weak central government Difficult to make changes or get things done

Three words to remember about AOC... Three words to remember about AOC... IT DIDN’T WORK

Creating the US Constitution After the War for Independence ended, people agreed that the AOC needed to be changed (Structural problems + Shay’s Rebellion) Met in Philadelphia in 1787 (12 of 13 states)

US Constitution Months of debate, compromise led to Constitution Months of debate, compromise led to Constitution Document of Compromises Document of Compromises Legislature: how composed? Legislature: how composed? Executive: direct or indirect election? Executive: direct or indirect election? Judicial: power + life appointments?! Judicial: power + life appointments?! Slavery: how to avoid disunion with South? Slavery: how to avoid disunion with South? At the Constitutional Congress, 1787

Composition of the Legislature Virginia Plan Base representation on population Favored big states New Jersey Plan Base representation equally, by state Favored small states Connecticut Compromise Bicameral (two chamber) legislature

Executive: Direct Election or Indirect Selection? Why didn’t the Founders want direct election? (Brainstorm) Why didn’t the Founders want direct election? (Brainstorm) Difficulty for nationwide vote (distance, travel problems, corruption) Difficulty for nationwide vote (distance, travel problems, corruption) “Favorite Son” (vote for local candidate, not best) “Favorite Son” (vote for local candidate, not best) Fear of direct democracy Fear of direct democracy

Executive (s)election Why didn’t founders want President selected by both chambers of Congress? Political parties President would owe Congress for job Too much power to Congress

So why create the Electoral College? So why create the Electoral College? Requires President to have support across the country, not just one region Requires President to have support across the country, not just one region Contributes to political stability of country by favoring two party system Contributes to political stability of country by favoring two party system We ARE a federal system …! (50 state elections, plus one election by Electoral College = President) We ARE a federal system …! (50 state elections, plus one election by Electoral College = President)

Judicial Compromise United States Supreme Court (USSC) the supreme law in country United States Supreme Court (USSC) the supreme law in country BUT Congress creates all other courts and establishes which courts get jurisdiction BUT Congress creates all other courts and establishes which courts get jurisdiction And the Executive appoints all justices / judges And the Executive appoints all justices / judges

Slavery New England states wanted to outlaw slavery completely Southern states wanted to count every slave a person for representation in national legislature

3/5 Compromise Slaves would count as 3/5 a person for purposes of counting population to determine how many House of Representatives a state received Congress could not pass a law outlawing slavery until after 1808 Fugitive slaves escaping to a non slave state had to be returned to their home state, if captured

Structure of Constitution Seven Articles 1st article = powers of Legislative branch 2nd article = powers of Executive branch 3rd article = powers of Judicial branch 4th article = Relations among the states 5th article = How to amend the Constitution 6th article = Supremacy of National Law; Oaths 7th article = Ratification (approval) of Constitution

Constitutional Principles Popular Sovereignty Separation of Powers Limited Government Checks and Balances Federalism + +

Popular Sovereignty (PS) National government gets its power from the PEOPLE! “We the People” – preamble to the Constitution Declaration of Independence = failure of Brits to consider rights of colonists People are the ONLY source of governmental power

Limited Government (LG) Government may exercise ONLY those powers given to it by the people Government must obey the law (b/c the law comes from the people) “Rule of Law” Map shows confidence in government following rules of society Green = top 25%; yellow 2 nd 25%; orange 3 rd 25%; red bottom 25% Source – answers.com

PS + LG Why do these two principles go together? If government gets its power from the people, and the people are its only source of power, then the government is one of LIMITED powers. The government is not above the law because the PEOPLE are the source of laws. Thus, the government must follow the rules, just like everybody else.

Separation of Powers (SOP) The Constitution separates powers of government (derived from who?) among three co-equal branches of government Article I, section I = “All legislative powers herein granted shall be vested in Congress…” Article II, Section I = “The Executive power shall be vested in a President of the USA” Article III, Section I = “The judicial power of the US shall be vested in one supreme court...”

Checks and Balances (C&B) Further limits on each branch’s powers are explicit restraints, held by other branches Idea of framers was to balance the operations of government by dividing power up among branches, to check each other (no one branch had too much power)

Examples of C&B Congress makes law... President declares war... President enters into treaty… President names federal judge But president can veto!... But Congress must approve AND fund!... But Senate ratifies!... But Senate “advises and consents” to choice!

SOP + L&G Why do these two go together? Two sides of the same coin; idea of both is to limit the power that each branch has, so no one branch can dominate the government and become dictators.

Federalism Distribution of power of government on a territorial basis National government has some powers, states have other powers Framers wanted to assure that local control over local matters remained with the states BUT they wanted a central government that was strong enough to act for the entire country

Federalism: National Government’s Powers Express Powers = contained in Constitution Example: Congress’ power to tax (I, VIII) Implied Powers = reasonably suggested within Constitution Example: Congress’ power to create the Internal Revenue Service (I, VIII, xviii) Inherent Powers = belong to national government because it is a sovereign nation Example: Central government’s power to enter into treaties, control borders What are Reserved Powers? Powers of the States – all power that doesn’t go to central government as express, implied, or inherent power

Federalist vs. Anti-Federalist Who were the Federalists? Believed in a strong central (“Federal”) government Separation of power into 3 equal branches No enumerated Bill of Rights (listing rights is dangerous…) Led by George Washington, John Adams, Ben Franklin

Federalists vs. Anti-Federalists Who were the Anti-Federalists? Believed Constitution gave too much power to the central government Wanted a bill of rights Maintenance of an army during peacetime was dangerous Congress was too strong (necessary & proper) Executive branch too strong Led by Thomas Jefferson, James Monroe, Patrick Henry

Federalist Papers ( ) With Constitution complete, persuasion began Essays published in NYC newspapers during debate to ratify Constitution Essays outlined how the new government would function under the constitution, and why this was best for the US Written by Hamilton (52), James Madison (28), John Jay (5)

Civil Liberties in Constitution Prohibited ex post facto laws laws that punish acts that, when committed, weren’t against the law Prohibited bills of attainder Law that punishes person who did not have a trial in a court of law Guaranteed habeus corpus Protect against illegal detention Person must be told why they are being held

Bill of Rights Federalists did not include a list of rights of citizens Federalists did not include a list of rights of citizens This was Anti-Federalists’ best argument against ratification This was Anti-Federalists’ best argument against ratification Several states demanded a bill of rights as a condition of ratification (Mass., NH, VA, NY, NC) Several states demanded a bill of rights as a condition of ratification (Mass., NH, VA, NY, NC) Signing the Constitution, 1787

Bill of Rights First Congress met in 1789 James Madison, a Federalist, wrote the Bill of Rights Madison wrote 12 amendments; 11 were ratified (first 10 amendments ratified by 1791; 27 th Amendment, limiting congressional pay raises, ratified in 1992) James Madison Copy of Bill of Rights