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Why Study the Constitution? Supreme and fundamental law of our land Outlines all rights to citizens Allows us protection from each other and the government.

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Presentation on theme: "Why Study the Constitution? Supreme and fundamental law of our land Outlines all rights to citizens Allows us protection from each other and the government."— Presentation transcript:

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2 Why Study the Constitution? Supreme and fundamental law of our land Outlines all rights to citizens Allows us protection from each other and the government http://youtu.be/uihNc_tdGbk

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4 Articles of Confederation (1781-1789) One branch of government Basic rights for citizens Alliance of states – All states are equal, have their own troops, own currency, and have one vote – States demanded their own independence Confederation Congress Shay’s Rebellion was the main cause of doing away with the articles

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6 The Constitutional Convention Began on May 25, 1787

7 The Constitutional Convention Began on May 25, 1787 Took place in the strictest secrecy 55 delegates met in Philadelphia, including: – James Madison – Alexander Hamilton – Roger Sherman – George Washington – George Mason Who’s Who? Roger Sherman George Washington Alexander Hamilton James Madison George Mason

8 Influential Authors Virginia 36 at convention Took lead during the convention Wrote Virginia Plan Kept notes Drafted the first 12 amendments Roger Sherman Connecticut 66 at convention Debated with Madison over representation Influential in the Connecticut Compromise On committee that drafted Articles of Confederation and the Declaration of Independence Q19

9 Opposing Plans Virginia Plan Federalist plan- supported a new constitution Strong executive (1 person) Bicameral national legislature Supreme court Plan benefitted big states New Jersey Plan Antifederalist plan- supported amending AOC Council of executives Unicameral national legislature: equal representation for each state (1 vote each) Supreme tribunal Plan benefitted small states

10 Hamilton Plan Emulate the British Constitution Have one elected executive serve in office for life Hamilton proposes this radical plan to get people to consider the Virginia Plan as a better alternative

11 Compromises The Great Compromise Bicameral legislature Upper house: Senate with 2 representatives per state Lower house: House of Representatives based on population The 3/5 Compromise Agreement stated that slaves would count as 3/5 of a person Settled the debate over states’ taxation and representation The Bill of Rights Many states said they would only accept the constitution if a Bill of Rights was added Jefferson: “a bill of rights is what the people are entitled to… and what no just government should refuse” Q36-39

12 Contributions From Enlightenment Thinkers English – Thomas Hobbes State of nature is anarchy, people are naturally selfish Social contract to prevent chaos and misery – John Locke Tabula Rasa Social contract to protect natural rights French – Baron de Montesquieu Separation of powers – Jean-Jacque Rousseau Without popular sovereignty there is no legitimacy Locke

13 Structure of the Constitution 1 The Preamble 2 The 7 Articles 3 The Bill of Rights 4 Additional Amendments Q21-24, 33

14 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 defense, 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. http://youtu.be/30OyU4O80i4 The six principles listed define the overarching purpose of our government. Q25-26

15 Articles 1-3 Article 1: The Legislative Branch Article 2: The Executive Branch Article 3: The Judicial Branch Q27-32

16 Articles 1-3, Continued -Lists powers given to each branch and powers denied to each -Defines election, term length, and qualification for all government officials -Necessary and Proper Clause gives flexibility to the power of government so that it can take action in times of need

17 Articles 4-7 Article 4: Relationships between states Article 5: Processes for proposing and ratifying amendments Article 6: Makes the constitution the supreme law of the land Article 7: Explains the ratification process All states must honor the laws and court decisions of other states. Each state will have a republican government, protection from outside attack, and help putting down internal attacks. One of the main reasons our constitution is the oldest still in use today. All debts incurred under the AOC will be repaid. All states must treat all citizens as if they are their own. Shows the humility of the Founding Fathers.

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19 The Constitutional Convention September 17: A majority of delegates approve the Constitution September 26-27: Congress debates whether to censure the delegates for creating a new form of government instead of revising the Articles of Confederation September 28: Congress directs state legislatures to call ratification conventions in each state 1787 comes to an end Q20

20 Ratifying the Constitution Article VII states that at least 9 states/13 must ratify Constitution for it to go into effect State conventions (representatives of the people) were agents of ratification Newspapers, pamphlets, public meetings for ratification debates

21 Concerns Federalists vs. Antifederalists Too much power to the central government? Needed Bill of Rights – Proposed by George Mason – Added during ratification debate in VA Federalist Papers: series of 85 essays written by Madison, Hamilton, and Jay to explain the key features of the Constitution and refute the claims of the Anti-Federalists.

22 Ratification Timeline Dec 7, 1787 Delaware is the first state to ratify the constitution Ratified by a unanimous vote June 21, 1788 New Hampshire became the 9 th state to ratify NY & VA still in bitter debates May 29, 1790 Rhode Island is the thirteenth and final state to ratify the Constitution! The Bill of Rights proved to be a key factor during ratifying convention. Q18

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24 Bill of Rights First ten amendments of the Constitution Opposed by Federalists Supported by Anti-Federalists Drafted by James Madison Adopted in 1791 17 additional amendments for a total of 27 amendments Q35

25 Bill of Rights I.Freedom of religion, speech, press, assembly, and petitions II.Right to bear arms III.No quartering of soldiers IV.Freedom from unreasonable search and seizures V.Provisions concerning prosecution VI.Right to a speedy trial VII.Right to a trial by jury VIII.Freedom from excessive bail and cruel punishment IX.Rule of construction of the constitution X.Powers reserved to the states Guess the Amendment!

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27 Testing the Constitution: Racial Inequality 13 th and 14 th amendments passed to give African Americans equal rights Segregation still existed and was enforced by law These laws became known as Jim Crow Laws Several cases arose in court involved people fighting against these laws

28 Murray v Maryland (1936) University of Maryland School of Law was turning away black applicants In 1933 Thurgood Marshall (who was denied acceptance himself) decided to challenge a recent denial of Donald Gaines Murray Argued that: – Murray was just as qualified as white applicants – All Black law schools were not of the same academic caliber therefore violating the principle of “separate but equal” – Only solution was to admit Murray to the school Court of Appeals eventually ruled in favor of Murray

29 Sweatt v Painter (1950) In 1946, Heman Sweatt, an African American man applied to the University of Texas law school The state quickly set up another “underfunded” law program hoping to not have to admit him Sweatt decided to sue and with the help of Thurgood Marshall, the case was brought up to the Supreme Court in 1950 Court unanimously agreed in his favor and Sweatt was admitted to the school

30 Brown v Board of Education(1944-55) Actually a series of five different cases including: – Brown v. Board of Education of Topeka – Briggs v. Elliot – Davis v. Board of Education of Prince Edward County (VA.) – Boiling v. Sharpe – Gebhart v. Ethel Thurgood Marshall handled these cases as well When the cases came to the Supreme Court, the court originally couldn’t come to a consensus It eventually ruled that segregation in public schools was unconstitutional and proposed a plan to desegregate schools

31 Anarchy between Revolutionary War and adoption of the Constitution Society feared centralized government- 13 uneasy states Overarching purpose of the Constitution: to establish a framework for the United States Dedication and passion for freedom without anarchy Persevered and compromised through much controversy Bill of Rights acts as Ten Commandments Protects rights and freedoms of the people “Thou shall not’s” to the government (limits power of central government) Q34, 40-42

32 The End!


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