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Bellringer “…Article 6. There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes whereof.

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Presentation on theme: "Bellringer “…Article 6. There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes whereof."— Presentation transcript:

1 Bellringer “…Article 6. There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes whereof the part shall have been duly convicted” Based on this excerpt from the Northwest Ordinance (1787), which statement is a valid conclusion 1)The issue of slavery was largely ignored prior to the Civil War 2)Abolitionists had gained control of the Constitutional Convention 3)Slavery was legally banned in the Northwest Territory 4)Enslaved persons had constitutionally protected civil rights Define Federalism. What was the problem with the Articles of Confederation? The division of power between states and the federal (central) government The states were too strong while the fed was too weak. The fed could not raise an army or taxes.

2 Articles of Confederation The Federal government was weaker than the states To raise money to pay off war debts. It created a way to admit new states -Mayflower Compact -House of Burgesses Bell ringer Provide two examples of early colonial attempts at self government What was the purpose the Northwest Ordinance of 1787 and what did it do? What was the name of America’s first government? What was wrong with it?

3 NE- Industry and manufacturing S- Agriculture food and cash crops (tobacco and Cotton) Bi Cameral Congress: House of Representatives- by state population Senate- two per state To the West of the Appalachian mountains. This was to prevent contact and conflict with the Native Americans The British had generally ignored the colonies as long as they made money. After the war the British heavily taxed the colonists and kept soldiers stationed in the US. They also made the Proclamation line of 1763 Bellringer/ review How did the French and Indian War change the policy of Salutary Neglect? Where was the Proclamation line of 1763 located? Why was it created? The Great Compromise solved the problem of representation. Explain the issue and how it was solved. What is the main economic strength of the American Northeast? The American South?

4 Constitutional America

5 Review The newly independent America was distrustful of strong government, and created a weak central government known as the Articles of Confederation. Under the Articles of Confederation the Federal Government was too weak. They could not pay war debts, raise an army or enforce its decisions. When Daniel Shay’s led a rebellion against the Massachusetts tax system, it took a year to shut it down.

6 Constitutional Convention 55 delegates from all the states (except Rhode Island) met to create a new constitution. The delegates were made of prominent lawyers, planters and merchants. Most of the population, however, were small farmers. How do the delegates not represent the majority of Americans? The most famous delegate was George Washington, though James Madison may have had the most influence on the constitution.

7 What are we talking about here? The Constitutional Convention was an attempt to create a strong FEDERAL government. This means taking power AWAY from the states. Federalism- the division of power between the States and Federal government

8 Federalists vs. Anti-Federalists The Americans were still distrustful of Strong Government, creating divisions among the delegates. Federalists- Want a strong Federal government for efficiency Anti-Federalists- Want strong state governments to protect the people

9 Compromise! Compromise! Compromise! GOAL: Create a strong enough government to govern effectively, while protecting individual liberties. Plan: Compromise: the Constitution took many compromises, but there are 4 major compromises. 1) The issue of Representation 2) The issue of Slavery 3) The issue of commerce 4) The Presidency compromise

10 Issue of Representation The continental Congress had to decide what the legislature would look like and how the representatives would be selected. New Jersey Virginia

11 Virginia vs. New Jersey plans This compromise is called the Connecticut Plan, or the Great Compromise

12 The Great Compromise

13 Representing Slaves A bitter debate continued over slavery and power. The Southerners wanted the enslaved people to be counted for representation purposes, but not for taxes. What advantage would this be for the Southerners?

14 The 3/5ths compromise  Actual number of slaves  Actual number of slaves counted for taxes and representation

15 The Commerce Compromise The Issue: North- wants a government to regulate trade South- worried there will be tariffs on produce exported and that slavery will be restricted Commerce= Trade

16 Commerce Compromise To compromise the delegates agreed that the congress could not pass export duties (taxes). Additionally, Congress could not prohibit or limit slavery for 20 years. Additionally, runaway slaves had to be returned to the South. Slavery could not be prohibited for the next 20 years. What problems do you foresee with this arrangement?

17 Presidency Compromise The Americans were still distrustful of a strong government, so outlining the president’s powers was especially difficult. Federalists- supporting stronger government these delegates wanted a long term of office and direct elections Anti-Federalists- Supported stronger state governments and wanted a short presidential term and election by state legislatures.

18 Presidency Compromise -Four year Terms -Indirect Election (Electoral College) ** Notice there is NO limit to the number of terms**

19 Ratification Once the delegation had written the constitution it had to be ratified, or approved by the states. The writers had written that 9 of the 13 colonies must approve the constitution for it to go into effect. However, there were fierce debates in all the states between the Federalists and Anti-Federalists. Federalists: Wrote the “Federalist Papers” to promote ratification Anti-Federalists: Worried the constitutional government would threaten the rights of the people. Demanded a Bill of Rights. Ratify- Approve

20 Copy this table CompromiseIssueSolution The Great Compromise Equal or proportionate representation in Congress States would have equal representation in the Senate, but the House would be depend on population Three-Fifths Compromise Counting enslaved people within population to determine representation Enslaved people were counted as 3/5 of one person, both for taxation and representation Commerce Compromise Granting Congress the power to regulate interstate and foreign trade Congress is forbidden from taxing state exports, or passing anti-slavery trade laws for 20 years Presidency Compromise Length of a president’s term of office and method of election Presidents will serve a 4yr term and be elected by the electoral college

21 Review The primary purpose of the Articles of Confederation was to (1) provide revenues for the national government (2) establish the basic framework of the national government (3) give the national government the power to regulate interstate commerce (4) guarantee a bill of rights to protect citizens from the national government Which statement regarding the United States Congress is best supported by the information in this cartoon? (1) Congress must meet at least once every year. (2) Members of the House of Representatives must be chosen every two years. (3) Each house of Congress must publish a journal of its proceedings. (4) Representation in the House of Representatives is based on state population

22 Federalist vs. Anti-Federalists 4:27

23 The United States Constitution

24 Ratification 9 of the 13 states needed to approve the new Constitution. To help sway ratification, or approval, the Federalist papers were written to convince Americans that the Constitution, with its strong government was needed. Federalists: Wrote the “Federalist Papers” to promote ratification Anti-Federalists: Worried the constitutional government would threaten the rights of the people. Demanded a Bill of Rights. Ratify- Approve

25 Ratification Ultimately the new Constitution was approved by the 13 colonies, and went into effect in 1789. The first president was George Washington. Some didn’t want to approve the constitution because they were worried they would lose their rights. So Congress immediately went into session to respond to calls for a Bill of Rights. The first ten amendments were passed by 1791.

26 US Constitution Preamble The US Constitution provides a clearly defined framework of government. The Preamble provides the reasons for writing it: -to create a better stronger government -to ensure a system of justice -to provide for peace at home -to provide for the defense of the nation -to promote the well being of the people -to secure liberty to the people and to future generations.

27 Basic Principles (these are Vocab words!!) Popular Sovereignty- the people give this government power to govern them (consent of the governed). This is a democracy Limited Government- Governmental powers are defined by the constitution, therefore the government is limited by the law. Federalism- The division of power between the states and the national government Separation of Powers- the power to govern is divided among the legislative, executive and judiciary branches. Checks and Balances- each branch of government has ways to check and control the other branches.

28 Established Government

29 Delegated- powers given to the US Government Concurrent- powers for both- the national gov’t trumps state Reserved- powers reserved for the states

30 Checks and Balances Legislature makes laws -President can Veto proposed laws -Supreme Court can rule passed laws unconstitutional President can enforce laws and ensure security -Congress (Legislative) must approve treaties and war -Supreme Court can rule that the President’s actions are unconstitutional Supreme Court uses Judicial Review to examine laws -President can appoint, or select, Justices -Legislature must approve appointments and can impeach

31 The Founding Fathers created the Elastic Clause to allow the constitution to change along with the needs of the country. According to the Elastic Clause, Congress can make all laws that are “necessary and proper” for carrying out tasks in the Constitution. The Elastic Clause To prevent this the writers of the constitution included flexibility to allow the constitution to change with time.

32 Flexibility The Elastic Clause: Congress can make all laws “necessary and proper” for carrying out the tasks listed in the constitution The Amendment Process-The constitution may be changed with approval of both congress and the states (Amendment= amend= fix) Judicial Review- The Supreme Court can review cases that may conflict with the constitution. Judicial review was established in the case Marbury v. Madison Unwritten Constitution- Congressional and executive interpretations and actions, court decisions and customs/traditions form an unwritten-constitution to all for constitutional change and flexibility.

33 King of the Mountain US Constitution Federal Government Acts of Congress and Treaties State City and county The constitution, federal laws and treaties are superior to state laws

34 Articles 1-3 The first 3 articles of the constitution describe and define the powers of the legislative, executive and judicial branches OfficeNumberTermSelectionRequirements Representative At least 1 per states based on population Senator Original constitution- elected by state legislature. Amendment 17- elected by voters President and Vice President 1 each4 years Supreme Court Justice 9 No requirements in the constitution

35 Articles 1-3 The first 3 articles of the constitution describe and define the powers of the legislative, executive and judicial branches OfficeNumberTermSelectionRequirements Representative At least 1 per states based on population 2 years Elected by voters 25+ Citizen 7 years State Resident Senator 2/ state 6 years Original constitution- elected by state legislature. Amendment 17- elected by voters 30+ Citizen 9 years State Resident President and Vice President 1 each4 years Electoral College Natural born citizen 35+ Resident for 14 years Supreme Court Justice 9 LIFE Presidential appointment and senate approval No requirements in the constitution Elastic Clause and Amendment process Checks and Balances

36 Article 1- Legislative Branch This Article establishes Congress and its two houses (Senate and the House of Representatives). This Article gives: -Qualifications for election to congress -Basic operating procedures -Outlines how bills become laws -Delegated powers including “Necessary and proper” or elastic clause allowing congress to adapt to the times

37 Legislative duties The legislative branch is a bicameral congress: a Senate and a House of Representatives. They have the power to: -make laws -declare war -regulate trade, money and taxes -impeach federal officials

38 Review Remember that the Legislative branch was created after the Great Compromise was passed. Originally, there were two proposals on the table: The Virginia Plan and the New Jersey Plan:

39 Bill to federal law All Bills must be approved by both house of Congress (the Senate and House of Representatives) AND the President. If the president vetoes a bill, it can still be passed by a 2/3 approval of both houses. Over the years the process has become significantly more complex. In the house debate on a bill is limited. In the Senate a bill may be debated endlessly. In recent years senators have begun to filibuster, or keep talking about a bill until the senators drop it. Filibuster- Senators continue talking about a bill until it is dropped or Congress goes home.

40 Article 2- Executive branch Outlines the powers and duties of the President and Vice President The President can act swiftly in times of war and national crisis by fulfilling several different roles. -Chief Executive- enforce laws, nominate judges, and government officials -Chief Diplomat- represents the US and can make treaties -Commander in Chief- Supreme commander and can authorize military action for up to 60 days -Chief Legislator- propose federal budget and Veto laws

41 Electing the President The president is elected through an indirect vote in the Electoral College. The electoral college has 538 total votes. Each states’ number of votes is determined by: The number of Senators +The number of Representatives Electoral votes The number is different for every state because the number of representatives is based on population. The Problem: Sometimes, Presidents can be elected by the Electoral College without winning the popular vote.

42 Article 3- Judicial (judicial-judge-courts) The 3 rd article creates the Supreme Court and gives Congress the power to create lower federal courts. The most important power of the federal courts is the rights to Judicial Review. Judicial Review was established in the case of Marbury v Madison (1803) The Supreme Court is the final voice in interpreting the Constitution Judicial Review- Power to decide if laws are unconstitutional

43 Article 4- Relations among states This portion ensures that states will recognize the laws, documents and records from other states. Also, fugitives cannot be held in a state to avoid persecution.

44 Article 5- Amending the Constitution One of the most important features of the Constitution is the ability to amend or change with the times. There are two methods to changing the constitution, though both are difficult. The first 10 Amendments are called the Bill of Rights. Amend- To change or fix

45 Amending the Constitution Method 1: Amendment is proposed by the Legislative Branch, then approved by state legislatures of Constitutional Convention votes.

46 Method 2: Amendment is proposed by a National Constitutional Convention then approved by the states. Amending the Constitution

47 Bill of Rights In order to gain enough ratifying votes, the Constitutional Convention agreed to include a written Bill of Rights. The fear of a dominating Federal government led many to demand a guarantee of their rights and liberties. The Bill of Rights is composed of the first 10 Amendments to the Constitution

48 AmendmentSubject 1 Freedom of religions, speech and press 2 Right to possess firearms 3 Government may not ask citizens to house soldiers 4 Protects against unreasonable search and seizure 5 Includes protection against self incrimination and double jeopardy, guarantees due process of law 6 Right to a speedy public trial with counsel 7 Right to trial by jury 8 Prohibits excessive bail, fines and cruel and unusual punishments 9 Rights not mentioned in the constitution belong to the people 10 Powers not given to government belong to the states and people The first ten amendments are known as the Bill of Rights

49 Speaker A: As it stands now, the Constitution does not protect civil liberties. Speaker B: The system of checks and balances will control any abuse of power by a branch of government. Speaker C: The demands of the majority will overwhelm the minority. Speaker D: The amendment process will allow the Constitution to be changed when the need arises. How was the concern of Speaker A resolved? (1) adoption of the elastic clause (2) establishment of the House of Representatives (3) creation of the federal court system (4) addition of the Bill of Rights Which two speakers support the ratification of the Constitution? (1) A and D (3) B and D (2) A and C (4) B and C

50 What is this an example of?

51 Compare the Articles of Confederation to the US Constitution Articles of Confederation Constitution


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