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Unit 4: The Constitution

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Presentation on theme: "Unit 4: The Constitution"— Presentation transcript:

1 Unit 4: The Constitution

2 Lesson 1: Structure of the Constitution and Constitutional Principles

3 Time to Review! What happened to the Articles of Confederation?
Farmers in Massachusetts were beginning to lose their farms due to economic problems The Farmers blamed high taxes imposed by the state for the economic downturn Many farmers lost their farms and homes; some were even put in prison As a result, local farmers, led by Daniel Shays decided to rebel by shutting down the courts using force – they even raided a federal arsenal to take weapons for their rebellion The following slides discuss Shays’ Rebellion which led to the Philadelphia Convention where delegates were to revise the Articles of Confederation.

4 Review: Shays’ Rebellion
Shays’ rebellion scared the colonists Who was going to maintain order if the states couldn’t? Would rebellions like this begin to spread? Could the country survive with things like this going on? The colonists knew that something needed to be done about all of the problems the government was having under the Articles. Discuss the fears of the Colonists as a result of Shays’ rebellion. The main idea is that the central government had no power to stop rebellions like this when all of the power was vested in the states.

5 Philadelphia Convention
The delegates realized : 1. The problems with the Articles of Confederation were serious. Many felt the problems needed to be addressed in an entirely new constitution. 2. The proceedings of the convention needed to be a secret in order for delegates to freely express their opinions, not be influenced by outside ideas 3. All states received one vote at the convention This was done to please the small states who felt it was unfair to give more votes to the larger states Discuss the main ideas the delegates had going into the Philadelphia Convention. They were aware they would not be “revising” the Articles of Confederation, but writing an entirely new constitution. The proceedings were kept a secret so those inside the convention felt they could speak freely, not be impacted by outside opinion, and so the public could not see the arguments that took place during the writing of this document. Many felt if the general public knew the conflicts behind the document, the public would not support something that was so potentially divisive. Small states wanted equal representation at the convention, thus the one state, one vote system. The small states threatened to leave if the larger states were given more votes. Discuss the title of “Framers” given to the delegates of the Philadelphia Convention. Those who attended would be known as the “Framers,” as they would be the ones to create the framework of the United States government in the Constitution.

6 In general, a constitution is a document that organizes a government.
Rule Book Think of a constitution as a rule book for government… The following slide will elaborate on the definition as applied to the U.S. Constitution. Ask students if they know of anything else a constitution does (lists the rights of the people, says what government can and cannot do, etc)

7 The Constitution… Sets up the government
Defines power and limits of the government Lays out some of the rights of the people Ask students what “social contract” means (review of Locke PowerPoint – the agreement between the people and the government: the people agree to live under and obey the government, the people give the power to make and enforce laws, and the government gives protection to the people in return. Social Contract ?

8 Constitutional Government Chart
The Constitution creates limits and guidelines for the government in order to protect the people from an abuse of power. Constitution The constitution is a social contract between the People and the government. The Constitution protects the rights of the people from the government. In a constitutional government, it all starts with the people… This slide will look at CONSTITUTIONAL GOVERNMENTS: Review student handout “What is a Constitution?” from Section 3, Lesson: What is a Constitution? The first step in a “constitutional government” is the establishment of a social contract between the people and the government. The result of that social contract is a constitution that will outline the limits and guidelines placed on government and the rights of the people to be protected from the government. The people must consent to give the power to make and enforce laws to the government. The government is structured to offer protection for the people through public safety measures and the justice system. Government The People The People

9 Structure The Framers included: Preamble 7 Articles Amendments*
Amendments would be included later on The following slides will give a general outline of the Constitution. Students need to become familiar with the layout of the Constitution, but it is not essential it is committed to memory at this time. Signed Copy of the Constitution of the United States; Miscellaneous Papers of the Continental Congress, ; Records of the Continental and Confederation Congresses and the Constitutional Convention, , Record Group 360; National Archives.

10 The Preamble Introduction States the purpose of the Constitution
Have students read the Preamble line by line aloud. Future lessons will go deep into the meaning of each line of the Preamble.

11 The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure* domestic Tranquility, provide for the common defence*, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. *These were the original spellings in the United States Constitution. Be sure students understand the correct spellings should be “ensure” and “defense”, but for the purpose of citing the original document, all spellings have been cited exactly.

12 The 7 Articles The framework of our government
Article I – Outlines the Legislative Branch, or “Congress” Article II – Outlines the Executive Branch, which includes the President Article III – Outlines the Judicial Branch, or the courts in the United States Article IV – Outlines the relations among the states Article V – Outlines the process for amending (changing or adding to) the Constitution Article VI – Discusses the Constitution as the “Supreme Law of the Land”; Supremacy Clause Article VII – Outlines the official ratification, or establishment, of the Constitution Discuss the 7 Articles of the Constitution. Have students read each line as they appear.

13 Amendments Amendments are additions or changes to the Constitution
Not all of the amendments were a part of the Constitution when it was signed Today, there are 27 Amendments to the United states Constitution Bill of Rights- 1st 10 Amendments 1. Define amendments. 2 .Discuss that not all of the Amendments were part of the Constitution during the signing of the document. Amendments have been added over the years. 3. The Founders included a way to change/add to the Constitution because they recognized that times change and the document needed to be flexible to meet the needs of a growing country.

14 27 Amendments XV (15) rights not to be denied because of race XVI (16)
I (1) freedom of religion, speech, press, assembly, petition II (2) right to bear arms III (3) quartering of troops IV (4) search and seizure V (5) due process, double jeopardy, self-incrimination VI (6) jury trial, right to counsel VII (7) common law suits VIII (8) excess bail or fines, cruel and unusual punishment IX (9) rights not named X (10) powers reserved to states XI (11) lawsuits against a state XII (12) election of president and vice president XIII (13) abolition of slavery XIV (14) due process, equal protection, privileges of citizens XV (15) rights not to be denied because of race XVI (16) income tax XVII (17) election of senators XVIII (18) prohibition XIX (19) women's right to vote XX (20) presidential term and succession XXI (21) repeal of prohibition XXII (22) president limited to 2 terms XXIII (23) presidential vote for persons in D.C. XXIV (24) no poll tax XXV (25) presidential succession XXVI (26) right to vote at age 18 XXVII (27) compensation of members of Congress Briefly review the Amendments with students.

15 The next underlined notes will go in your notebook chart

16 Constitutional Principles
Popular Sovereignty- the government is created by the people and is the source of all government power Examples: “We the People”---opening words to the document Americans expressed their will by ratifying the Constitution Citizens express their will by electing their representatives

17 Constitutional Principles
Limited Government- the government only has the power to do what is specifically listed in the Constitution Powers were granted by the PEOPLE All other powers not listed in the Constitution, were left for the state governments and the people

18 Constitutional Principles
Federalism- the division of power and responsibilities between the national and state governments Federal government deals with national affairs Ex: the military, declaring war, creating treaties States deal with local affairs Maintaining local roads, education

19

20 Constitutional Principles
Separation of Powers Dividing the government into three separate branches Legislative Executive Judicial

21 Constitutional Principles
Checks and Balances Each branch has specific powers or “checks” to stop the other two branches from abusing their power No one branch of government can become to strong Example: Congress makes laws, President must approve, law goes into effect, the Supreme Court can declare it unconstitutional and throw it out


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