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Intro to the Constitution and the Bill of Rights
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The first President of the United States is…
Samuel Huntington
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Early Attempts to Govern America
Magna Charta Signed by King John in 1215 Created limited government Rule of law All citizens are subject Took the power from an individual and shared responsibility among many First step toward representative government Charters Powers and land granted by the King to settlers of the New World Allowed holders of the charter to make rules and laws
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Early Attempts to Govern America
The Mayflower Compact A crude governmental agreement agreed to by the Pilgrims upon arriving in the New World Halted mutiny and rebellion The New England Confederation of 1643 Mutual defense agreement among the early colonies Pledged to work together to fight off natives and neighboring Dutch colonists.
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Early Attempts to Govern America
Albany Plan of Union Proposed by Benjamin Franklin in 1754 An attempt to protect British interests from French encroachment Colonists made an agreement with the natives Colonist could raise taxes and an army The would also regulate trade with the native tribes Reject by Great Britain and never put into effect
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Post Revolutionary Government
During the War, the Second Continental Congress raised taxes, created an Army, and made decision for the thirteen colonies No laws authority to do so After the war, the Congress lost much of its authority To give the nation government legitimacy, they created the Articles of Confederation in 1777 Gave authority to a limited central government Loosely tied together the thirteen colonies Ratified in 1781
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The Articles of Confederation
Created a very loose confederation of states Lawmakers feared the creation of a strong national government Right of the people Voice of the people Opposed the creation of a strong central governing body
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What did the Articles do?
Created a Congress 1 member chosen by each state assembly Majority decision 9 votes for major decisions like war, taxes, and treaties 13 votes to amend the Articles Could borrow money, establish and army, and mediate disputes between states Provided for the colonies to effectively deal with the natives.
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What the Articles didn’t do
Did not create an Executive Branch of Government Feared too much power in one leader No official to carry out Congress’ laws Provide for a method for Congress to tax Congress could borrow money from the states and other nations, but they could not tax the colonies Taxes meant control
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What the Articles didn’t do
Provide methods to regulate trade among the colonies Colonies had their own money Colonies taxed each other on trade goods Provide a for a judicial system No uniform interpretation of the laws States courts must enforce national laws Congress had no authority to compel states to obey Federal law.
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Constitution of the United States of America
Foundation for all law and government in the United States Provides organization for the United States Government Enumerates powers to the Legislative, Executive, and Judicial Branches, as well as those to the states.
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Constitution of the United States of America
Original plan was to rework the Articles of Confederation Heavily influenced by the Magna Charta and the teachings of philosophers like John Locke, Baron de Montesquieu, and Thomas Hobbs Completed on September 17, 1787 Ratified on June 21, 1788 Government under the Constitution began on March 4, 1789
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John Locke English philosopher and physician The Father of Liberalism
Advocated the concept of “The Social Contract” People give up their sovereignty to governed by the rule of law Government’s authority is derived from the consent of the governed Huge influence on our Founding Fathers
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Baron de Montesquieu French philosopher
Advocated the separation of powers Government is divided into branches with separate responsibilities and oversight of the other branches Foundation of the current United Sates system. Also influenced the Founding Fathers
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Thomas Hobbs English philosopher
Promoted the importance of the concept of separation between the church and the state He felt that liberty among peoples could not be achieved if they were forced to adhere to a religious philosophy by force of fear from the government
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James Madison, Jr. ( ) Madison's claim on our admiration does not rest on a perfect consistency, any more than it rests on his presidency. He has other virtues.... As a framer and defender of the Constitution he had no peer.... The finest part of Madison's performance as president was his concern for the preserving of the Constitution.... No man could do everything for the country – not even Washington. Madison did more than most, and did some things better than any. That was quite enough. - Historian Garry Wills on James Madison
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James Madison, Jr. (1751-1836) Father of the Constitution
Father of the Bill of Rights Secretary of State of the United States ( ) President of the United States ( ) Advocated the system of checks and balances within the government
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Bill of Rights First ten amendments to the Constitution
Added as a compromise to the original critics of the Constitution Influenced by the English Bill of Rights (1689) Both include provisions requiring jury trials, the right to keep and bear arms, and prohibit cruel and unusual punishment Foundation of individual rights in the United States
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Bill of Rights First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Second Amendment – Right to keep and bear arms. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Third Amendment – Protection from quartering of troops. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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Bill of Rights Fourth Amendment – Protection from unreasonable search and seizure. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain. No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Bill of Rights Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Seventh Amendment – Civil trial by jury. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
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Bill of Rights Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Tenth Amendment – Powers of states and people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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