Articles Of Confederation

Weak Government that fails

Articles

• Began shortly after the Declaration of Independence

• WEAK BECAUSE:– No National Courts– No Power to tax– No power to regulate commerce– Changes had to be approved by all states.– New laws needed 9 states for approval.– No real president- just the president of the congress,

like a chairman

Homework :

Page 162

#3,6, and 7

The Constitutional Convention

• By 1787 there was a need for correcting the Articles. (see problems)

• By May 74 were chosen, 55 attended, approx. 30 members attended daily.

• George Washington, James Madison from VA., Alexander Hamilton from NY., Ben Franklin from PA., Charles Pickney from SC

The Constitutional Convention

• All men were wealthy, many served in the Revolution, state governments, 8 had signed the D of I. Many would become important government officials.

• Ages ranged from the 30’s to 81 (Ben)

• John Hancock and Sam Adams refused to attend. Tom Jefferson were in Europe.

The Constitutional Convention

• Met in Philadelphia in Independence Hall.

• GW was chosen as president of the convention.

• The decision was quickly made to create a new gov’t.

• James Madison became known as the Father of the Constitution because he negotiated well and compromised.

The Constitutional Convention

• Who was missing?

• Women, Blacks, Native Americans, Modest or poor people. (These people could not vote at this time anyway.)

Homework

• Write out 5 true false questions on a ½ sheet of paper for someone to take as a quiz tomorrow.

• YOUR NAME GOES ON THE RIGHT SIDE!!!!! (-10 if you make a mistake on this.)

The Constitution

• First Problem was representation.

Virginia Plan:

• Proposed two houses of congress based on population. (Large states would prevail.)

New Jersey Plan:

• One house of congress equally represented by all states.

The Great Compromise: Connecticut Plan:

• House Of Representatives:

Based on population.

• Senate

Equal representation.

Ratification

• The constitution was finished on September 17 1787.

• There was the need for 9 states to ratify the constitution.

• Federalists supported the constitution, Alexander Hamilton, James Madison

• Anti-Federalists did not support it.

Ratification

• By 1788, 9 states approved it. The rest ratified it by 1790.

• In 1789 the new congress proposed 15 amendments in which 10 of them were approved and known as the Bill of Rights

Bill of Rights

The first 10 amendments (changes) to our constitution.

Bill of Rights

• Guarantees the freedoms including:• Freedom of religion, speech, press.• Right to assemble• Right to Bear Arms• Freedom from unreasonable search and seizure• No person be deprived of life liberty or property without

due process of law.• The right to a fair and speedy trial• The right to a trial by Jury• Protection form excessive bail or unusual punishment.

Let’s do an activity.

The Constitution

• Made up of 7 articles (Chapters)

• Has 27 Amendments (Changes) 10 of which were the Bill Of Rights

• Has a Preamble: Introduction, states the purpose of government and that people are sovereign. (All powerful)

• Lets Discuss Article One

Legislative BranchCongress

• House of Representatives• Minimum Age 25• 7 year resident• Live in State• Based on Population• 2 year term• 29 from NY• 435 total US

• Senate• Min Age 30• 9 year citizen• Live in state• 2 from each state• 6 year term• 2 from NY• 100 total US• 17th Amendment changed

how senators are selected. Used to be state legislatures.

Congress

• The Speaker of the House is elected by the majority party.

• Each house has Majority and Minority Leaders

• The President of the Senate is the Vice President of the US.

• The President Pro-Tempore is the president when the VP is not present

Legislative Responsibilities

• To make laws for the United States to hopefully improve the quality of life for people in the United States.

• Many are spelled out specifically. One is more general called the ELASTIC CLAUSE. Like elastic, it stretches the powers of congress to adapt to new technology and ideas.

• Session of congress starts in January and lasts two years. Meets in Washington DC

• Anyone can attend, or read The Congressional Record to see what is going on. Or watch C-SPAN.

Our Representatives and Senators

• NY has 29 Representatives in Congress

• Our local district is represented by John Sweeney

• Our 2 Senators are Hillary Clinton and Charles Schumer

Bill Becomes a Law

• Introduced with a title: • Bill given a number: H.J. RES.7 and referred to

a House committee. The committee reviews the bill and recommends passage as is.

• Bill is sent to the House of Representatives and voted on. 409 Yeahs and 2 nays- (2/3 favorable vote is required- or it dies)

• Bill goes to Senate, committee, then a vote.• Bill goes to President for signature, veto, or

pocket veto.

The next two slides need to look like:

Federal StateSHARED

Federal and State Powers

• Federal– Interstate commerce– Foreign Affairs– Coin Money– Make War& Peace– Maintain Armed Forces– Admit new states and

territories– Punish Crimes against the

US– Grant Patents and

copyrights– Make laws on

Naturalization and Bankruptcy

• State– Authorize state

governments– Establish and supervise

schools– State Militias– Intrastate (within)

commerce– Charter Corporations– Regulate labor, Industry

and business within the state

– All other powers not delegated to the Federal gov’t or Prohibited by the states.

Concurrent (Shared) Powers

• Tax

• Establish Courts

• Promote Agriculture and Industry

• Borrow

• Charter Banks

• Protect the Public Health

• Provide for Public Welfare

The Executive Branch• Carries out the laws• President and his cabinet*• 35, 14 year resident, natural born citizen –

Electoral College (Next slide)• Has many powers including foreign Affairs,

domestic power, appoints many officials, grants pardons, commander in chief of armed forces, prepares budget.

• *Unwritten Constitution: Activities not in constitution, but are custom and tradition.

Review Electoral College

• http://campaign2012.c-span.org/electoral-college-map

Judicial Branch

• Interprets the laws.• Supreme law of the land.• JUDICIAL REVIEW: Declare whether laws

keep with the Constitution's intent.• Has many courts below it.

– 1 Supreme Court (9 judges)– 13 Court of Appeals(3-9 judges)– 94 District Courts (1-24 judges)• Term is for life

(Quiz) time!

Judicial review gives the United States Supreme Court the power to

• (1) declare state laws unconstitutional

• (2) override a congressional veto

• (3) impeach and remove the president from office

• (4) approve treaties with foreign nations

#2

Which governmental action illustrates the system of checks and balances?

• (1) a senator helping a governor solve a state problem

• (2) the president negotiating a trade agreement with foreign diplomats

• (3) the Senate ratifying a peace treaty• (4) Congress raising taxes to pay for federal

programs•  

#3

The unwritten constitution is best defined as the• (1) amendments to the United States

Constitution• (2) powers that the Constitution reserves for

the states• (3) powers that the Constitution denies to

Congress and to the states• (4) practices of the government that are based

on custom and tradition

#4

The Supreme Court has the power to

• (1) control the federal budget

• (2) vote to end a tie in the Senate

• (3) approve presidential appointments

• (4) interpret the Constitution

•  

#5

Which role of the president is considered part of the unwritten constitution?

• (1) nominating federal judges

• (2) signing or vetoing legislation

• (3) acting as the leader of his political party

• (4) serving as commander in chief of the armed forces

CHECKS AND BALANCES

• The ability for our government branches to check each other and keep a balance so not one branch becomes more powerful than the other.

Amendments

• The constitution can be proposed to change (amended) by two methods.

• #1) 2/3 Congress propose

• #2) Legislatures of 2/3 states propose

Amendments

• There are two ways to Ratify the proposed amendment

• #1) ¾ State Legislatures Approve it.

• #2) Special Conventions in ¾ of the states approve it.

Amendments

• There are currently 27 amendments to our Constitution. Over 200 years

• By comparison, Alabama has amended its constitution 452 times in 90 years!

Washington

• Our First President• Inaugurated April 30th 1789 (later changed

to January)• Set many precedents, Created a cabinet,

called Mr. President, lived in a grand style to gain respect, stayed for 2 terms.

• Part of the “Unwritten Constitution” – Practices of the government that are based on tradition and custom.

The cabinet today

• http://www.whitehouse.gov/government/cabinet.html

• New Folder\cabinet.html

Test Friday

• Unit one information.

• Review sheet will be given on Today.

Review

• Articles Of Confederation: Not a complete Failure- They did create the Northwest Ordinance.

• Our Constitution replaced the failing Articles.• It is a document with 7 articles

– Preamble– Article One: Legislative Branch– Article Two: Executive Branch– Article Three: Judicial Branch

Review

Article Four: States Rights- All states must treat people the same way it treats its own people.

Article Five: Amending the Constitution- Remember (¾) and 27

Article Six: Other provisions- Supreme Law of the Land is the Federal Government.

Article Seven: Ratification- 9 of 13 had to approve it to ratify it.

Review

• 27 Amendments– First 10 called the Bill of Rights

#1 Right to Free Speech, Press, Religion

#2 Right to Bear Arms

#4,5 Search and Seizure, Rights of the Accused- “I plead the 5th”

#13,14,15- Free the Slaves,Citizenship, Voting Rights

#26 Voting age to 18

Review

• Electoral College

• Checks and Balances– Examples:

Separation Of Powers

Federal versus State

Bicameral