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Government & The Constitution. Declaration of Independence July 4, 1776 1) Written by Thomas Jefferson 2) A statement adopted by the Continental Congress.

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Presentation on theme: "Government & The Constitution. Declaration of Independence July 4, 1776 1) Written by Thomas Jefferson 2) A statement adopted by the Continental Congress."— Presentation transcript:

1 Government & The Constitution

2 Declaration of Independence July 4, 1776 1) Written by Thomas Jefferson 2) A statement adopted by the Continental Congress that announced the independence of the thirteen colonies from Great Britain. 3) It justified independence by listing colonial grievances against King George III. 4) We were already at war with the British. 5) It set in motion the birth of the United States of America. 6) It was considered treason by the British.

3 Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. ” “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. ”

4 Articles of Confederation (1781-1789) 1) Under the Articles there was only a unicameral legislature so that there was no separation of powers. 2) The federal government under the Articles was too weak since the majority of the power rested with the states. 3) Congress, under the Articles, did not have the power to tax which meant that they could never put their finances in order. 4) In order to change or amend the Articles, unanimous approval of the states was required, which essentially meant that changes to the Articles were impossible. 5) For any major laws to pass they had to be approved by 9 of the 13 states which proved difficult to do so that even the normal business of running a government was difficult. 6) Under the Articles, Congress did not have the power to regulate commerce which will cause competition between states as well as diplomatic issues.

5 Federalists vs. Anti-Federalists It was agreed by Congress that a new Constitution should be written, but there was strong debate as to what it would look like. It was agreed by Congress that a new Constitution should be written, but there was strong debate as to what it would look like. Federalists: People who supported a government with a strong federal government. Federalists: People who supported a government with a strong federal government. Anti-Federalists: People who supported a government with strong state governments (States Rights). Anti-Federalists: People who supported a government with strong state governments (States Rights). Most Federalists lived in the North (manufacturing) and was pro-British. Most Federalists lived in the North (manufacturing) and was pro-British. Most Anti-Federalists lived in the South (agricultural) and was pro-French. Most Anti-Federalists lived in the South (agricultural) and was pro-French. Federalists = Federalist Party Federalists = Federalist Party Anti-Federalists = Democratic Republican Party Anti-Federalists = Democratic Republican Party

6 Federalists Papers A series of 85 essays that supported the ratification, or passage of the new U.S. Constitution. A series of 85 essays that supported the ratification, or passage of the new U.S. Constitution. The purpose of the essays were to influence citizens, especially in New York, to accept the new Constitution. The purpose of the essays were to influence citizens, especially in New York, to accept the new Constitution. The authors were Alexander Hamilton, James Madison, and John Jay. The authors were Alexander Hamilton, James Madison, and John Jay.

7 Great Compromise (1787) Defined the legislative structure and representation each state would have under the Constitution. Defined the legislative structure and representation each state would have under the Constitution. It proposed a bicameral legislature. Congress is made up of an upper house (Senate) and lower house (House of Representatives). It proposed a bicameral legislature. Congress is made up of an upper house (Senate) and lower house (House of Representatives). Senate: Representation is equal for each state. Each state has (2) Senators. There are 100 U.S. Senators today. Senate: Representation is equal for each state. Each state has (2) Senators. There are 100 U.S. Senators today. House of Representatives: Representation is based on population. The more people in a state the more representation. There are 435 U.S. Representatives today. House of Representatives: Representation is based on population. The more people in a state the more representation. There are 435 U.S. Representatives today.

8 Three-Fifths Compromise Many Southern states wanted to count slaves in the population count even though they could not vote. Why? Many Southern states wanted to count slaves in the population count even though they could not vote. Why? It was compromised in the Constitutional Convention of 1787 that three-fifths of the population of slaves would be counted for representation and tax purposes. It was compromised in the Constitutional Convention of 1787 that three-fifths of the population of slaves would be counted for representation and tax purposes.

9 Ratification: Formal approval or acceptance Unlike the Articles of Confederation, the new Constitution proposed that nine out of the thirteen states had to ratify it. Unlike the Articles of Confederation, the new Constitution proposed that nine out of the thirteen states had to ratify it. Anti-Federalists demanded that there be a Bill of Rights to guarantee individual rights and freedoms that would be taken away from a strong federal government. Anti-Federalists demanded that there be a Bill of Rights to guarantee individual rights and freedoms that would be taken away from a strong federal government. Anti-Federalists also wanted the national capital to be moved to a more central location between the North and South. Washington D.C. was born. Anti-Federalists also wanted the national capital to be moved to a more central location between the North and South. Washington D.C. was born. The Constitution was mostly written by James Madison. The Constitution was mostly written by James Madison. The Constitution was completed on September 17, 1787. The Constitution was completed on September 17, 1787. The Constitution provided for more balance of power between federal and state governments. The Constitution provided for more balance of power between federal and state governments.

10 Articles of Constitution Confederation Levying taxesCongress could request states to pay taxesCongress has right to levy taxes on individuals Federal courtsNo system of federal courtsCourt system created to deal with issues between citizens, states Regulation of tradeNo provision to regulate interstate tradeCongress has right to regulate trade between states Executive No executive with power. President of U.S. merely presided over Congress Executive branch headed by President who chooses Cabinet and has checks on power of judiciary and legislature Amending document13/13 needed to amend Articles2/3 of both houses of Congress plus 3/4 of state legislatures or national convention Representation of states Each state received 1 vote regardless of size Upper house (Senate) with 2 votes; lower house (House of Representatives) based on population Raising an army Congress could not draft troops, dependent on states to contribute forces Congress can raise an army to deal with military situations Interstate commerce No control of trade between states Interstate commerce controlled by Congress Disputes between states Complicated system of arbitration Federal court system to handle disputes Sovereignty Sovereignty resides in states Constitution the supreme law of the land Passing laws 9/13 needed to approve legislation 50%+1 of both houses plus signature of President Articles of ConfederationConstitution

11 Constitution Layout Preamble: Statement of purpose (“We the People”) Preamble: Statement of purpose (“We the People”) Article One: Legislative (Congress) power Article One: Legislative (Congress) power Article Two: Executive Power (President) Article Two: Executive Power (President) Article Three: Judicial Power (Supreme/Federal Court) Article Three: Judicial Power (Supreme/Federal Court) Article Four: States’ Powers and Limits Article Four: States’ Powers and Limits Article Five: Amendments, or changes to the Constitution. Article Five: Amendments, or changes to the Constitution. Article Six: Federal Power Article Six: Federal Power Article Seven: Ratification Requirements Article Seven: Ratification Requirements Amendments: Outlines rights, freedoms, and rules of individuals. (Total = 27) Amendments: Outlines rights, freedoms, and rules of individuals. (Total = 27) Bill of Rights: First ten amendments. Bill of Rights: First ten amendments.

12 Three Branches of Government http://www.youtube.com/watch?v=pyqEAPYnhjk http://www.youtube.com/watch?v=BQh33EF4q6s

13 Separation of Powers (Checks and Balances): Each branch has separate powers and areas of responsibility so that no one branch has more power than the other branches. http://www.youtube.com/watch?v=aO1zrnR6q7g&feature=related

14 Checks and Balances at Work Congress passes laws Congress passes laws The President may veto, or cancel, laws. The President may veto, or cancel, laws. Congress can override the President’s veto with a vote of 2/3 majority in both houses. Congress can override the President’s veto with a vote of 2/3 majority in both houses. The Supreme Court may check Congress by declaring a law unconstitutional. (Example: Arizona Immigration Law) The Supreme Court may check Congress by declaring a law unconstitutional. (Example: Arizona Immigration Law) Supreme Court members are appointed by the President. Supreme Court members are appointed by the President. The appointments have to be approved by Congress. The appointments have to be approved by Congress.

15 Federalism Power that is divided among Federal, State, and Local governments. Power that is divided among Federal, State, and Local governments. Federal State Local

16 Bill of Rights

17 First Amendment Freedom of speech, religion, press, petition, and assembly. Freedom of speech, religion, press, petition, and assembly.

18 Second Amendment The right to bear arms. The right to bear arms.

19 Third Amendment The government cannot use homes to quarter soldiers without consent of the owners. The government cannot use homes to quarter soldiers without consent of the owners.

20 Fourth Amendment Guards against searches, arrests, and seizures of property without a warrant or probable cause a crime has been committed. Guards against searches, arrests, and seizures of property without a warrant or probable cause a crime has been committed.

21 Fifth Amendment No trial for major crime without indictment (formal charge) by grand jury, prohibits double jeopardy, no punishment without due process of law, an accused person does not have to take the stand and testify against themselves, and the government cannot take property without just compensation. No trial for major crime without indictment (formal charge) by grand jury, prohibits double jeopardy, no punishment without due process of law, an accused person does not have to take the stand and testify against themselves, and the government cannot take property without just compensation.

22 Sixth Amendment The right to a speedy trial, trial by jury, legal counsel, and the right for the accused to bring witnesses. The right to a speedy trial, trial by jury, legal counsel, and the right for the accused to bring witnesses.

23 Seventh Amendment Assures trial by jury in civil cases. Assures trial by jury in civil cases.

24 Eighth Amendment Forbids excessive bail, fines, and cruel and unusual punishment. Forbids excessive bail, fines, and cruel and unusual punishment.

25 Ninth Amendment Rights not specifically mentioned in the Constitution belong to the people. Rights not specifically mentioned in the Constitution belong to the people. The Constitution is not a complete list of rights! The Constitution is not a complete list of rights!

26 Tenth Amendment Whatever powers are not delegated to the U.S. government belong to the state governments. Whatever powers are not delegated to the U.S. government belong to the state governments.

27 Amendments 11-27

28 11 A lawsuit brought by a citizen of the U.S. or a foreign nation against a state must be tried in a state court, not a federal court. A lawsuit brought by a citizen of the U.S. or a foreign nation against a state must be tried in a state court, not a federal court.

29 12 Electors are to cast separate ballots for President and Vice President. This would help to prevent ties. (Example: Thomas Jefferson and Aaron Burr) Electors are to cast separate ballots for President and Vice President. This would help to prevent ties. (Example: Thomas Jefferson and Aaron Burr)

30 13 Abolition of slavery. Abolition of slavery.

31 14 Citizenship to all people born in the U.S., including former slaves. Guaranteed due process of law, which means that the government must respect all legal rights for people under the law. Citizenship to all people born in the U.S., including former slaves. Guaranteed due process of law, which means that the government must respect all legal rights for people under the law.

32 15 Suffrage, or the right to vote for African-Americans. Everybody could vote except women! Suffrage, or the right to vote for African-Americans. Everybody could vote except women!

33 16 Established Congress’s right to impose a federal income tax. Established Congress’s right to impose a federal income tax.

34 17 Direct election of senators by the people of that state. Direct election of senators by the people of that state.

35 18 Prohibition of alcohol. Prohibition of alcohol.

36 19 Women’s suffrage!! (The right to vote) Women’s suffrage!! (The right to vote)

37 20 “Lame Duck:” The time between when a new person is elected President and the Inauguration was shortened. A President is elected on Tuesday after the first Monday in November and the Inauguration is January 20. “Lame Duck:” The time between when a new person is elected President and the Inauguration was shortened. A President is elected on Tuesday after the first Monday in November and the Inauguration is January 20.

38 21 Repeal of the Prohibition Amendment (18 th ). Repeal of the Prohibition Amendment (18 th ).

39 22 Limit on Presidential terms. Limit on Presidential terms.

40 23 Granted people living in the District of Columbia the right to vote in presidential elections. The District casts three electoral votes. Granted people living in the District of Columbia the right to vote in presidential elections. The District casts three electoral votes.

41 24 Abolition of the poll tax. Abolition of the poll tax.

42 25 Presidential disability and succession. The VP becomes President if the President dies, resigns, removed, or incapacitated. The President will appoint a new VP in similar situations. Presidential disability and succession. The VP becomes President if the President dies, resigns, removed, or incapacitated. The President will appoint a new VP in similar situations.

43 26 Eighteen-year-old right to vote. Eighteen-year-old right to vote.

44 27 Prohibits the increase or decrease of salary of members of Congress taking effect until the start of the next set of terms of office for Representatives. Prohibits the increase or decrease of salary of members of Congress taking effect until the start of the next set of terms of office for Representatives.

45 Shays’ Rebellion (1786-1787) Angered by debt and taxes, angry farmers, led by Daniel Shays, started a rebellion in Massachusetts. Angered by debt and taxes, angry farmers, led by Daniel Shays, started a rebellion in Massachusetts. Shays was a veteran of the Revolutionary War. Shays was a veteran of the Revolutionary War. Many farms were being taken and some people were put in jail. Many farms were being taken and some people were put in jail. The “Regulators” shut down local courts to stop the enforcement of debt collection. The “Regulators” shut down local courts to stop the enforcement of debt collection. The lack of an institutional response led to a reevaluation of the Articles of Confederation. The lack of an institutional response led to a reevaluation of the Articles of Confederation. Over time, the rebel army disbanded. Some hanged or put in prison. Over time, all were pardoned. Over time, the rebel army disbanded. Some hanged or put in prison. Over time, all were pardoned.

46 Whiskey Rebellion This was a tax protest in Pennsylvania in the 1790s. This was a tax protest in Pennsylvania in the 1790s. In 1791, the Federal government issued an excise tax (inland tax) on whiskey. In 1791, the Federal government issued an excise tax (inland tax) on whiskey. The tax was funding for Hamilton’s debt plan. The tax was funding for Hamilton’s debt plan. Over 500 angry men attacked the home of a tax collector. Over 500 angry men attacked the home of a tax collector. President George Washington personally led an army to put down rebellion, but the protest collapsed before he arrived. President George Washington personally led an army to put down rebellion, but the protest collapsed before he arrived. All the protestors were pardoned. All the protestors were pardoned. The rebellion demonstrated that the new Federal government had the ability to suppress violent resistance to laws. The rebellion demonstrated that the new Federal government had the ability to suppress violent resistance to laws.

47 Alexander Hamilton vs. Thomas Jefferson

48 Alexander Hamilton Hamilton (Federalists Party): President Washington’s Secretary of the treasury in 1789. Hamilton (Federalists Party): President Washington’s Secretary of the treasury in 1789. Sought to increase power of the federal govt. with “the rich, the well-born, and the good.” Sought to increase power of the federal govt. with “the rich, the well-born, and the good.” Debt Plan: 1) Congress pays all debts (foreign, citizens, state). 2) Pay war bonds at full value. 3) Move capital near Virginia. 4) National Bank. Debt Plan: 1) Congress pays all debts (foreign, citizens, state). 2) Pay war bonds at full value. 3) Move capital near Virginia. 4) National Bank. Loose-Constructionist: There are loopholes in the Constitution! Loose interpretation. Loose-Constructionist: There are loopholes in the Constitution! Loose interpretation.

49 Thomas Jefferson Jefferson (Democratic- Republican Party): Washington’s Secretary of the State in 1789. Jefferson (Democratic- Republican Party): Washington’s Secretary of the State in 1789. Rejected National Bank idea because it violated the Constitution. Rejected National Bank idea because it violated the Constitution. Strict-Constructionist: If the Constitution does not say it, then you can’t do it! Strict interpretation. Strict-Constructionist: If the Constitution does not say it, then you can’t do it! Strict interpretation.

50 Implied Powers Hamilton won the National Bank debate because of the idea of implied powers. Hamilton won the National Bank debate because of the idea of implied powers. Implied Powers: Although the Constitution does not say it, it may “imply” a particular power. The Constitution indirectly gives certain powers to the Federal government. Implied Powers: Although the Constitution does not say it, it may “imply” a particular power. The Constitution indirectly gives certain powers to the Federal government. If the Federal is responsible for regulating taxes, then it makes sense to create a National Bank to help manage funds. As a result, the Constitution “implies” this power. If the Federal is responsible for regulating taxes, then it makes sense to create a National Bank to help manage funds. As a result, the Constitution “implies” this power.

51 Who are some of our Federal leaders? President: Barrack Obama President: Barrack Obama Vice President: Joe Biden Vice President: Joe Biden Speaker of the House: John Boehner Speaker of the House: John Boehner Senate Majority Leader: Harry Reid Senate Majority Leader: Harry Reid Secretary of State: Hilary Clinton Secretary of State: Hilary Clinton Secretary of the Treasury: Timothy Geithner Secretary of the Treasury: Timothy Geithner Secretary of Defense: Robert Gates Secretary of Defense: Robert Gates Attorney General: Eric Holder Attorney General: Eric Holder Chief Justice: John Roberts Chief Justice: John Roberts Florida’s two U.S. Senators: Marco Rubio (R) & Bill Nelson (D) Florida’s two U.S. Senators: Marco Rubio (R) & Bill Nelson (D) Manatee/Sarasota County U.S. Representative: Vern Buchanan (R) & Kathy Castor (D) Manatee/Sarasota County U.S. Representative: Vern Buchanan (R) & Kathy Castor (D)

52 Who are some of our State leaders? Governor: Rick Scott Governor: Rick Scott Lieutenant Governor: Jennifer Carroll Lieutenant Governor: Jennifer Carroll State Representative for Manatee/Hillsborough County (District 68): Jim Boyd State Representative for Manatee/Hillsborough County (District 68): Jim Boyd State Senator for Manatee County (District 21): Michael Bennett Arthenia Joyner (Palmetto area, District 18) State Senator for Manatee County (District 21): Michael Bennett Arthenia Joyner (Palmetto area, District 18) Florida State Attorney General: Pam Bondi Florida State Attorney General: Pam Bondi Florida State Supreme Court Chief Justice: Charles Canady Florida State Supreme Court Chief Justice: Charles Canady

53 Who are some of our Local leaders? Mayor of Bradenton: Wayne Poston Mayor of Bradenton: Wayne Poston Mayor of Palmetto: Shirley Groover Bryant Mayor of Palmetto: Shirley Groover Bryant Mayor of Sarasota: Suzanne Atwell Mayor of Sarasota: Suzanne Atwell County Commission: A group of elected officials charged with administering county government. They are the legislative body of Manatee County. County Commission: A group of elected officials charged with administering county government. They are the legislative body of Manatee County. School Board of Manatee County (5 members) School Board of Manatee County (5 members) Superintendent (Tim McGonegal) Sheriff (Brad Steube) Sheriff (Brad Steube)


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