Ch 2: Constitution (PP)

Constitution "promote the general Welfare"

- Help support people's well-being. You must sacrifice something to help others. Promoting the general welfare happens by citizens giving up something of themselves for the "greater good"

First Continental Congress

- In 1774, delegates from 12 of 13 colonies gathered in Philadelphia - Congress sent a petition to King George III expressing their grievances - The British Government condemned the congress's actions

The Second Continental Congress

- In 1775, all of the colonies met and established an army - George Washington was named commander in chief of the army - On July 2, 1776 the Resolution of Independence was adopted - Independence was declared on July 4

Judicial Branch

- Interprets constitutionality of laws - Judicial Review gives courts the power to check legislative and executive branches of the government - Supreme Court and other Federal Courts - Preserve and protect the rights guaranteed by the Constitution - Considers cases involving national laws - Declares laws and acts "unconstitutional"

Differing Resolutions

Virginia Plan New Jersey Plan Connecticut Plan

"When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them... "

We have the natural right by God to declare our independence from England.

Preamble to the Constitution (The Purpose of the Constitution)

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

"That whenever any form of Government becomes destructive to these ends, it is the Right of the People to alter or to abolish it...

When a government abuses it's power, the people have the right to overthrow it.

Amending the Constitution

not an easy process common method: 2/3rds Congress & 3/4ths of states

The Declaration of Independence (3 parts)

- It advances a theoretical case for revolution, discusses human rights and the nature of national sovereignty. - It sets out a precise list of the specific complaints which the American colonists had against the actions of the British government over the last decade and a half. - It declares the 13 British colonies on the east coast of North America independent on 4 July 1776.

Constitution "provide for the common defense"

- Join together to defend against attacks

Constitution "And secure the blessings of liberty to ourselves and our posterity"

- Make sure that freedom and liberty is around today and for our descendants

Factions Among Delegates

- Most delegates wanted a strong central government who distrusted common people (Hamilton, Morris, Rutledge) - Some wanted a central government founded on popular support (Madison, Wilson) - Others were against National Authority - Debates on these issues continue today

Final Document

- On Sep 17, 1787: 39 delegates approved the Constitution - Based on popular sovereignty, republican govt, limited govt, separation of powers, & a federal system - Ratification was not certain

New Jersey Plan

- One state, one vote - States should be equal - Supremacy Doctrine (would become Article VI of Constitution) that asserts national law over state law - Proposed by William Paterson of N.J.

Articles of Confederation

- Ratified in 1781 - Created a weak central government - A government of the states - No President - Lacked power to raise money - Lasted only 8 years - Voluntary association of independent states

Legislative Branch

- Senate and House of Representatives - Make our laws - Appropriate Money - Regulate Immigration - Establish Post Offices and Roads - Regulate Interstate Commerce and Transportation - Declare War

The Government That Failed

- The Aborted Annapolis Meeting -- An attempt to discuss changes to the Articles of Confederation in September 1786 -- Attended by only 12 delegates from 5 states -- Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

Bill of Rights

- The Constitution would not have been ratified without the inclusion of the Bill of Rights - Helped limit the powers of the national government - First 10 Amendments of the Constitution that grants personal liberties - Supported by Thomas Jefferson

Result of Virginia Plan & New Jersey Plan

- The Delegates were at in impasse - The smaller states refused to accept the Virginia Plan - The larger states refused to accept the NJ Plan

Executive Branch

- The President of the United States - Chief Executive - Chief of State - Chief Legislator - Commander in Chief

Limited government

Government is not all powerful, can only do what the people let it.

Popular Sovereignty

Government power resides in the people

"Governments are instituted among Men, deriving their just powers from the consent of the governed."

Governments derive their authority from the consent of the people.

Separation of Powers

Helps prevent one branch from becoming too powerful Checks and Balances

Basic principals of the Constitution

Popular Sovereignty Limited government Separation of Powers Federalism

The Declaration of Independence (main points)

- All men are created equal. - Men are given by God certain unalienable rights. - We have the natural right by God to declare our independence from England. - Governments derive their authority from the consent of the people. - When a government abuses it's power, the people have the right to overthrow it. - The colonies tried repeatedly to compromise with King George, but has been a tyrant.

Virginia Plan

- Bicameral (two-chamber) legislature - Upper chamber chosen by lower chamber - Reps should be proportional to state population - Favored larger states (Mass, Va, Penn)

Thomas Jefferson

- Born on April 13, 1743 in Virginia to a wealthy family. - He was very well educated- Attended The College of William & Mary. - Served in the Virginia House of Burgesses. - Eloquent correspondent, but not good public speaker - Known as the "silent member" of the Congress - Was unanimously chosen by the Committee of Five to prepare a draft of the Declaration alone.

About Declaration of Independence

- Committee of Five: Thomas Jefferson Benjamin Franklin Robert Livingston Roger Sherman John Adams - July 2nd: Voted to be independent - July 4th: Adopted the document - Jefferson's version of the declaration was amended several times to gain universal acceptance - Condemnation of the slave trade was eliminated to satisfy Georgia and North Carolina - The Declaration has become one of the world's most significant documents

Federalists

- Consisted of wealthy bankers, lawyers, plantation owners and were mostly from urban areas (Madison, Hamilton, Jay) - Favored strong central government and current Constitution

Constitution "establish Justice"

- Create a fair legal system. Justice must be established. YOU have to work at it this also!!!!! It just doesn't't happen on its own.

Philadelphia 1787

- Delegates met to talk about revising the Articles of Confederation - Most decided that a completely new plan was needed - They aimed to created a stronger central government - They also sought to limit its power

Factions

- Federalists v Anti-Federalists - Northern States v Southern States - Big States v Small States - Mercantile v Agrarian - Pro Slave V Anti-Slavery

Who Were the Delegates?

- Fifty Five of Seventy Four Attended - Most were upper class - Physicians, plantation owners, businessmen, lawyers - Included Hamilton, Washington, Franklin, Madison, Morris - Worked 115 days in conditions that were far from ideal in order to maintain secrecy

Declaration of Independence (significance)

- The assumption that people have NATURAL RIGHTS ("unalienable rights") including the rights to "Life, Liberty, and the Pursuit of Happiness," was a revolutionary concept at the time - Jefferson influenced by John Locke - justifies the colonists' revolt against Britain by condemning the actions of King George III - concepts of universal truths, natural rights, and government established through a social contract were to have a lasting impact on American life and its identity ("America's Birth Certificate") - become a model for other nations around the world

Madisonian Model

- The delegates wanted to prevent tyranny by the majority or the minority - James Madison proposed a model where the executive, judicial, and legislative branches would be independent of one another - This created a system of "checks and balances" based on the thinking of Baron de Montesquieu of France

Constitution "We the People of the United States"

- The first line of the constitution - This is the charter of who holds the power in the constitution and it is the PEOPLE of the United States who hold the power. - Self-government, NOT rule by a king, our forefathers, NOT the President, NOT special interest groups, NOT your Wife (well maybe)

Constitution "Do ordain and establish this Constitution for the United States of America"

- The people have created and agreed to follow this new plan of government

Constitution "insure domestic Tranquility"

- This is the governments main purpose. Help bring peace and harmony to its citizens. Build a society that brings peace and security to its citizens

Need for Declaration of Independence

- Under King George III, the British Parliament attempted to tax the American colonies - Ultimately, the colonies became exasperated at repeated attempts at taxation - Thomas Jefferson was chosen to write the drafts of the Declaration of Independence - He wrote it in a bricklayers house in Philadelphia

Anti-Federalists

- Wanted to prevent ratification of Constitution as drafted - Did not want an overbearing central government - Favored personal liberties - Included Patrick Henry & Samuel Adams

Constitution "in order to form a more perfect Union"

- a better union of states than before....YOU have to work at it!!!!! It just doesn't happen on its own.

Bill of Rights

1- freedom of religion, press, speech, assembly, and petition 2- right to bear arms & maintain regulated militia 3- no quartering 4- searches and seizures 5- right to due process of law, freedom from self-incrimination, double jeopardy 6- right of accused persons (right to speedy, public & unbiased trial) 7- right of trial by jury in civil cases 8- freedom from excessive bail & cruel and unusual punishment 9- other rights of the people 10- powers reserved to the states

Colonial Background

1607 - In Jamestown, the Virginia Company instituted a representative assembly form of government 1620 - In New England, adult males formed the Mayflower Compact where immigrants would live under the rule of law (1630 - 1732) - Other compacts were formed in Mass, Rhode Island, Conn, N.H., and others where most developed a system of limited self- government All of these compacts enabled the colonists to acquire crucial political experience over time When Independence was declared in 1776 states set up their own Constitutions

"We hold these Truths to be self-evident, that all men are created equal."

All men are created equal.

"I have often looked at that picture behind the president without being able to tell whether it was a rising or setting sun. Now at length I have the happiness to know that it is indeed a rising, not a setting sun."

Ben Franklin as he awaited to sign the Constitution

"If you read the Constitution, it ought to be subtitled: "Let's make a deal"

Bill Clinton President Clinton said the test of any democracy is finding ways of having a vigorous debate and still reaching resolution to the nation's problems.

Federalism

Division of power among national and state governments

Opposing Forces

Federalists vs Anti-Federalists

"The moment is, indeed, important! - If government shrinks, or is unable to enforce its laws; fresh maneuvers will be displayed by the insurgents - anarchy & confusion must prevail - and every thing will be turned topsy turvey."

George Washington

"Thirteen sovereignties', pulling against each other, and all tugging at the federal head, will soon bring ruin on the whole"

George Washington

Constitution: Articles I, II, III

I- Legislative Branch II- Executive Branch III- Judicial Branch

Other Articles of Constitution

IV - Relations among the States (full faith & credit of all states, individuals within states, new states & territories, U.S. responsibilities to the States) V - Methods of Amendment VI - National Supremacy VII - Ratification of Constitution - State Conventions were called (75% Needed - 9 0f 13 States)

"Our situation is becoming every day more and more critical. No money comes into the Federal Treasury; no respect is paid to the Federal authority... the existing confederacy is tottering to its foundation..."

James Madison

"What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary"

James Madison, in The Federalist (#51), 1788

The Federalist Papers (authors)

Jay Hamilton Madison

"They are endowed, by their Creator, with certain unalienable rights, that among these are Life, liberty and the Pursuit of Happiness."

Men are given by God certain unalienable rights.

Connecticut Plan

Roger Sherman (Conn) proposed: 1. A bicameral legislature where the lower house would be represented according to the free inhabitants of each state plus 3/5 of the slaves 2. Upper House would have two members from each state The President could nominate Supreme Court Justices and the Senate would confirm them

"Dangerous Freedom vs. peaceful slavery" "A little rebellion now and then is a good thing."

Thomas Jefferson

"God forbid we should ever be twenty years without such a rebellion... We have had thirteen States independent for eleven years. There has been one rebellion. That comes to one rebellion in a century and a half, for each State. What country before ever existed a century and a half without a rebellion?"

Thomas Jefferson

"Malo periculosam libertatem quam quietam servitutem." Translation: "I prefer the tumult of liberty to the quiet of servitude."

Thomas Jefferson

"Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government.

The colonies tried repeatedly to compromise with King George, but has been a tyrant.

Social Contract

a voluntary agreement by individuals to create a government and abide by its rules