The Constitution LT#1: Explain important Decisions and Compromises made at the Constitution...

The ConstitutionLT#1: Explain important Decisions and Compromises made at the Constitution Convention.LT#2: Explain the Set-Up and Operation of the Federal Government.LT#3: Identify and discuss the Principles Underlying the Constitution.

Click the Speaker button to replay the audio.

Charles Pinckney

Independence HallAt the time they were writing it, it was called the Pennsylvania State House.

Meeting Room inside Independence Hall where they wrote the Constitution.

A Distinguished Gathering

• Each state except Rhode Island sent delegates to Philadelphia to fix the flaws in the Articles of Confederation.

• Most of the 55 men were well-educated and experienced in politics.

• Native Americans, African Americans, and women were not included.

Click the mouse button or press theSpace Bar to display the information.

(pages 52–53)(pages 52–53)

A Distinguished Gathering (cont.)

• Benjamin Franklin was the oldest delegate at 81.

• He was a diplomat, writer, inventor, and scientist.

• Two delegates–George Washington and James Madison–would later become presidents.

Click the mouse button or press theSpace Bar to display the information.

(pages 52–53)(pages 52–53)

A Distinguished Gathering (cont.)

• Thomas Jefferson and John Adams could not attend.

• They were in Europe as representatives of the United States government.

• Patrick Henry opposed the convention and did not attend.

Click the mouse button or press theSpace Bar to display the information.

(pages 52–53)(pages 52–53)

Click the mouse button or press theSpace Bar to display the answer.

Describe the political experience of the delegates.

Among the 55 delegates, 8 had signed the Declaration of Independence, 7 had been governors of their states, and 41 were or had been members of the Continental Congress.

A Distinguished Gathering (cont.)

(pages 52–53)(pages 52–53)

55 Male Delegates-mostly well educated.

8 signed the Declaration of Independence.

7 were Governors

41 were members of 2nd Continental Congress

Ben Franklin Oldest at 81

George Washington and James Madison would be Presidents

No women, Natives, or African Americans

Thomas Jefferson and John Adams are in Europe.

Rhode Island and Patrick Henry oppose the Convention.

Average age was 41

Rules and Agreements

• The delegates chose George Washington to preside.

• Washington chose a committee to set rules for conducting the convention.

• The committee decided that decisions would be made by majority vote, with each state having one vote.

• Delegates agreed to keep all discussions secret to enable all to speak freely.

The secrecy rule enabled the delegates to speak freely, without worrying about the public’s reaction. That made it easier for them to compromise and change their minds on debated issues.

Why did the delegates decide to keep all discussions secret?

Rules and Agreements

• No formal records were kept.

• Most of what we know comes from James Madison’s personal notebook of events.

• The delegates decided to discard the Articles of Confederation and write a new constitution.

• Thus the meeting came to be known as the Constitutional Convention.

Rules and Agreements

Drawing Conclusions If you had been a delegate to the Constitutional Convention, would you have voted for the secrecy rule? Why or why not?

Rules and Agreements

Rhode Island. Does not want strong National govt.

T.J. And Adams in Europe. Patrick Henry against strong national govt.No Natives, Women, or African Americans.

Young, well educated, experienced in politics.

George Washington

They agreed to secrecy so that delegates could speak freely and not worry about public reaction later.

A convention where they wrote a new plan of government through much debate and compromise.

The Constitution

LT#1: Explain important Decisions and Compromises made at the Constitution Convention.

LT#2: Explain the Set-Up and Operation of the Federal Government.

LT#3: Identify and discuss the Principles Underlying the Constitution.

FRITOGAMI

Virginia PlanLarge states Proposed a strong national government Suggested a Federal government. Both State and

National governments working together. National government would make and enforce their own

laws and collect their own taxes. Calls for three branches of government. Legislative branch would have two houses Representation based on population. Authored by James Madison

New Jersey PlanSmall States Favored a weak national government Called for One house of Congress Representation: Each state would get an equal vote. 3 Branches: Congress would have most of the power but their

would be an executive and judicial branch also. Authored by William Paterson

The Virginia Plan and New Jersey Plan

Connecticut PlanThe Great Compromise

Congress would have two houses, Senate and House of Representatives.

Representation in the House based on population. Representation in the Senate equal. Each state two

Senators. All tax or spending bills would start in the House. 3 branches of government. Authored by Roger Sherman

This way large and small states had their needs met.

James MadisonWilliam Paterson

Roger Sherman

Three: Executive, Legislative, Judicial

Three: Executive, Legislative, Judicial

Three: Executive, Legislative, Judicial

Bicameral Unicameral Bicameral

Population Equal by State Population in House of Reps, and by State in Senate.

Large Population Small Population Both Large and Small

*2 Houses of Congress

*Representation based on population

*3 branches of Government

*Strong National Govt.

*1 House of Congress

*Equal Representation per state. (Each state one vote)

*3 branches of Government

*Weak National Govt.

*2 Houses of Congress

*3 branches of Government

*2 Houses: House of Reps.=based on Population;Senate=each state equal – 2 votes.

Strong Nat’l Govt.

CompromiseConn. Plan

Legislative= make law, Judicial= interpret law, executive= enforce law

Virginia= 2 Houses, representation based on population, N.J.= 1 House; rep. equal for each state.

2 Houses, Senate=each state 2 votes, House=based on population of each state.

Elects the President and Vice President.

Promise to add a Bill of Rights.

Federalists like the strong Central Government.Anti-Feds worry about individual rights being violated by a strong central government.

Elected directly by the people or elected by a smaller more informed group so mistakes would not be made.

Electoral College

Some thought Congress should elect the President.

Others believed all the people of the country should vote to decide who was President

Compromise= Electors from each state (equal in number to the state’s Senators + Representatives) would vote to elect the President and Vice President.

Three-Fifths Compromise

Every 5 slaves counts as 3 free persons when counting for representation in the House of Representatives.

Trade Regulation Compromise

Congress can regulate trade between the states and with other countries.

Congress could NOT tax exports, nor interfere with slave trade for 20 years.

Compromises The Great Compromise: Solved Set-up of Congress

Virginia Plan: 2 Houses with representation based on population New Jersey Plan: 1 House with each state getting one vote. Compromise: 2 Houses= House of Representatives with

representation based on population, and a Senate with each state getting two senators.

Three-Fifths Compromise: Every 5 slaves would count as 3 people for counting population for figuring representation.

Electoral College: Each state gets electors equal to the Representatives plus Senators to elect the president and vice-president.

Trade: Congress could not tax exports, nor interfere with slave trade for the next 20 years.

FRITOGAMI

Federalists vs Anti-FederalistsFederalist = Supporters of the

Constitution. Stressed that it would create a Federal system where power was divided.

Anti-Federalists = Opposed the Constitution. They felt it gave too much power to the National government and took too much from the states. Also thought there should be Bill of Rights.

Patrick Henry

John Jay

James MadisonAlexander Hamilton Melancton Smith George Mason

Ratifying the ConstitutionThe delegates decide that each state

would set up a ratifying convention to vote “yes” or “no” on the Constitution.

When 9 of 13 states approved it, the Constitution would become the Supreme Law of the land.

June 21, 1788, New Hampshire becomes the 9th state to approve.

Rhode Island was last to ratify in 1790

DD

G

H

F

K

L

E

J

I

C

B

M

A

O

N

Vocabulary Activity 3

1. Constitutional Convention 2. Legislative 3. Executive 4. Judicial 5. separation of powers 6.Great Compromise 7. Three-fifths Compromise 8. amendment 9. Bill of Rights

EndUnit 4 Learning Target 1

The Principles of the United States Constitution

Mr. Friedemann

Originals displayed at National Archives

Organization of Constitution1. Preamble

1. List goals of the gov’t2. “We the People…”

2. Seven Articles1. Divides gov’t power2. Created three branches: Executive

(President), Legislative (Congress), Judicial (courts)

3. Each Article divided in Sections + Clauses4. Can be changed with Amendment

Organization of the Branches

Executive President, Vice-President

Legislative Congress (535)

House of Representatives (435)- POPULATION Senate (100)- 2 PER STATE

Judicial Supreme Court (9 justices)

Preamble with words and song

The Introduction. It also lists the Constitution’s six goals.

There are 7 articles. They explain how the government works.

Additions or changes to the Constitution. There are 27 amendments. The first 10 are called the Bill of Rights.

Q.#1. The six goals of the Preamble are:

• establish Justice

• form a more perfect union

• insure domestic Tranquility

• provide for the common defense

• promote the general Welfare

• secure the Blessings of Liberty

Captain Kirk and the PreambleStar Trek!!!!

Barney Fife remembers the Preamble

To provide a framework for the United States Government.

It introduces the Constitution and tells why it was written.

They are called the Bill of Rights. They are of interest to all of us because they safeguard individual rights and liberties.

Income taxes help to pay for government services.

Amendments are sometimes necessary to safeguard our freedoms and keep up with our changing world.

This clause gives powers to Congress that are not specifically listed in the Constitution.

Fritogami!

Structure of The Constitution

Article 1: Legislative Branch, Congress: tax, regulate trade, coin money, declare war. Make Laws

Article 2: Executive Branch, the President: command armed forces, make treaties, pardon criminals, appoint officials. Enforce Laws

Article 3: Judicial Branch, Supreme Court: judge all cases arising under the Constitution. Interpret Laws

The Constitution and Its Parts (cont.)

• Article IV says that all states must respect one another’s laws and explains the process of creating new states.

• Article V specifies how the Constitution can be amended.

• Article VI declares that the Constitution is the “supreme Law of the Land” and federal law prevails over state law.

• Article VII states that the Constitution would take effect when nine states ratify it.

Click the mouse button or press theSpace Bar to display the information.

(pages 82–85)(pages 82–85)

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 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.

Amending the Constitution (cont.)

• The amendment process involves two steps: proposal and ratification.

• An amendment may be proposed by a vote of two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures.

• Once proposed, an amendment must be ratified by three-fourths of the states.

• The states can do this by a vote of either the state legislature or a special state convention.

Click the mouse button or press theSpace Bar to display the information.

(pages 85–86)(pages 85–86)

Click the mouse button or press theSpace Bar to display the answer.

Why did the Framers make the amendment process difficult?

After months of debate and compromise, the Framers knew how delicately balanced the Constitution was. Changing even a small detail could have dramatic effects throughout the government. They wanted to make sure the Constitution could not be altered without the overwhelming support of the people.

Amending the Constitution (cont.)

(pages 85–86)(pages 85–86)

7 Total Articles

Form a more perfect unionEstablish justiceEnsure domestic tranquilityProvide for the common defensePromote the general welfareSecure the blessings of liberty to ourselves and our posterity.

SenateHouse of Reps.

25

30

Senate

President

4 years

Congress of U.S.

citizen

35

14

Constitution

commander

treaties

Signs it

Supreme Court

Jury

Ambassadors

Interpreting the Constitution • The Constitution is a general document

and open to interpretation.

• Article I gives Congress the power “to make all Laws which shall be necessary and proper” to carry out its duties.

• This necessary and proper clause allows Congress to exercise implied powers not specifically listed in the Constitution.

Click the mouse button or press theSpace Bar to display the information.

(pages 86–87)(pages 86–87)

Interpreting the Constitution (cont.)

• Americans disagree on what laws are “necessary and proper.”

• Loose interpreters believe Congress can make any laws not specifically forbidden.

• Strict interpreters believe Congress can make only the kinds of laws mentioned by the Constitution.

• The Supreme Court has the final authority on interpreting the Constitution.

• Each new interpretation, whether strict or loose, changes our government.

Click the mouse button or press theSpace Bar to display the information.

(pages 86–87)(pages 86–87)

Interpreting the Constitution (cont.)

• Actions by Congress and the president have also caused new interpretations.

• For example, the president requests legislation from Congress.

• This action is not directed by the Constitution.

• Custom also changes the interpretation of the Constitution.

• For example, political parties, not mentioned in the Constitution, are part of today’s political system.

Click the mouse button or press theSpace Bar to display the information.

(pages 86–87)(pages 86–87)

CBA

C

BABBBB

Click the mouse button or press theSpace Bar to display the answer.

When William Henry Harrison died in office, Vice President John Tyler took the oath as president. Why was this action an interpretation of the Constitution?

In this situation, the Constitution was not clear about whether the vice president should become president or merely act as president until the next election. When Tyler took the oath, he interpreted the Constitution to mean that he should become president. Later the Twenty-fifth Amendment made his action officially part of the Constitution.

Interpreting the Constitution (cont.)

(pages 86–87)(pages 86–87)

Checking for Understanding

__ 1. the first 10 amendments

__ 2. a tax on people’s earnings

__ 3. the opening section of the Constitution

__ 4. any change in the Constitution

A. Preamble

B. amendment

C. Bill of Rights

D. income tax

Define Match the terms on the right with their definitions on the left.

D

A

C

B

Click the mouse button or press theSpace Bar to display the answers.

Analyzing Visuals

Click the mouse button or press theSpace Bar to display the answer.

Compare and Contrast Review the chart that compares the Articles of Confederation and the U.S. Constitution on page 84 of your textbook. How did Congress differ under both forms of government?

Under the Articles of Confederation, Congress could not tax, regulate commerce, nor confirm presidential appointments.

Carry out or enforce the law.

Interpret and Apply the law.

Make the law.

President & Vice President and Cabinet.

Supreme Court and all other Courts.

Senate and House of Representatives

Elected4yr term.

Appointed by President and Confirmed by Senate.

Elected. Senate = 6 yrs.House = 2 yrs.

I’m Just a Bill Video

Veto Bills, call a special session of Congress, Commander in chief, diplomacy, appointments, Pardon for federal crimes.

Discuss important issues facing the nation, describe new laws/programs he wants and why.

It is a rule or command that is just like a law. This is “executing the laws”.

A pardon gives forgiveness and freedom from punishment. Amnesty pardons a group of people.

The president is in charge of all armed forces. Allows him to use force to back up foreign policy.

He is the living symbol of the nation. He aids diplomacy and carries out ceremonial functions.

This is bills that the president wants Congress to pass into laws.

Congress can declare war but only the President can send troops into battle.

Pres. Appoints and the Senate confirms or denies the appointments.

Nine Justices. 8 associates and one chief justice.

Thurgood Marshall was first African American on the Supreme Court.

Unconstitutional means a law does not agree with what the Constitution says.The law is then nullified (cancelled)

Marbury vs Madison established the power of judicial review. Deciding if laws fit the Constitution.

By passing a new law or by changing the law or by amending the Constitution.

He can refuse to enforce a court ruling and can appoint justices to fill openings.

Concurrent Powers = These are powers that the states and national government share. (Taxing, enforcing law, establish courts.)Enumerated Powers = These are powers that the states gave up to create the National Level of government. (Highest law, national defense, Coin/Print money, Postal system)

Reserved Powers= These are powers that the states saved for themselves.(Establish local governments, public school system, marriage laws, speed limits, etc)

Dividing the power of government in the Constitution

Checks and Balances

One example of three branches checking and balancing power deals with making laws. The President can veto a bill proposed by Congress; Congress can override the President’s veto; the Supreme Court can declare a law unconstitutional.

Formative Quiz1. Governor

2. Assembly

3. US Senate

4. Mayor

5. US Supreme Court

6. Vice President

7. Circuit Courts

8. Wisconsin Supreme Court

9. Common Council

10.Life time term

Check:: Can declare presidential act unconstitutional

Power: Can make treaties and acts.

Power: Can make laws

Check: Can veto laws.

Power: Can appoint Supreme Court Justices.

Check:: Confirms or denies Pres. appointments

Check:: Can impeach President

Check:: Can impeach Justices

Check:: Can declare laws unconstitutional

Power: Term is for life and free from executive influence.

Declare WarCollect TaxesCoin MoneyMake lawsRegulate trade

Commander of Armed ForcesMake TreatiesPropose lawsCreate the budgetVeto or sign lawsAppoint judges, cabinet, ambassadorsPardon criminals wrongly imprisoned

Decide whether laws fit the ConstitutionDecide whether Presidential Actions fit the ConstitutionInterpret what laws mean.

Formal Assessment

1.Name 2.Name the three branches and their main

power 3. List the three levels of government 4. Explain one example of the system of

checks and balances in action.

Underlying Principles

Of the Constitution

5 Underlying PrinciplesFederalism (Division of Power)– Government where power is divided between a National level

and state level.

Popular Sovereignty– The idea that the power to govern lies with the people.

Rule of Law– The principle that the law applies to everyone, even those who

govern.

Separation of Powers– Splitting power equally into three branches. The legislative

branch, executive branch, and judicial branch.

Checks and Balances– Our system of government where each branch is able to check,

or limit the power of the other two branches.

Popular Sovereignty = means that people should have the right to rule themselves

Enumerated Powers = These are also called “Delegated Powers”. These are the powers that states gave to the national government in the Constitution.

Reserved Powers = The powers that the states saved for themselves in the Constitution.

Concurrent Powers = These are powers that the states and national government share.

Delegated Powers = These are powers that the states gave up to create the National Level of government.

Enumerated Powers= These are powers that the states saved for themselves.

Dividing the power of government in the Constitution

Supremacy Clause = Found in Article VI, this clause states that the Constitution and national laws are the “supreme law of the land.”

Popular sovereignty is the idea that people have the right to rule themselves. The government set up by the Constitution was designed to reflect the people’s will.

The Constitution provides for limited government to ensure that the rights of the minority are not denied.

Federalism allows the states to have their own government and powers which allows Americans more power to rule themselves.

Separation of Powers: Why: to protect against the abuse of power they saw with the King.How: By separating the federal government into three branches.