Dividing PowerCreating a Balance in the New National

Government

“Wherever Law ends, Tyranny begins.”

- John Locke

1. What is your interpretation of this quote? What message is John Locke trying to convey?

2. How might this quote be applicable to the situation the new American states are in when creating a new government?

UNIT 5, JOURNAL #3

The Convention is not yet finished…◦They must establish a system for the national

government.

◦National vs. State governments—

National Government is granted delegated powers,

or “enumerated powers”◦Control of foreign affairs◦Providing national defense◦Regulating trade◦Coining money

State Governments are granted “reserved powers”

◦Providing/Supervising Education◦Marriage Laws◦Regulating trade within the state

“Concurrent Powers” (shared by both):◦Tax◦Borrow money, pay debts◦Establish courts

They separate the national government into three branches:

1. Legislative- Make laws2. Judicial- Hear cases3. Executive- Carry out laws

Distributes political authorityBalance of power

System of checks and balances-◦Prevents any one branch from dominating the

other two Example:

◦ President can veto acts of Congress◦ Congress can override a veto by two-thirds vote

Voters choose president through the electoral college-◦ Each state chooses electors; the electors vote for a

presidential candidate◦ Reflects the fear of placing too much power in the hands of

the people

EXECUTIVE BRANCH

JUDICIAL BRANCH

LEGISLATIVE BRANCH

Checks on the Judicial Branch- Appoints federal judges- Can pardon people

convicted of federal crimes

Checks on the Legislative Branch- Can veto bills of Congress- Can call special sessions of

Congress- Can influence public opinion- Can propose legislation

Checks on the Executive Branch

- Appointed for life, federal judges are free from presidential control

- Can declare presidential actions unconstitutional

Checks on the Legislative Branch- Can decide the

meaning of laws- Can declare acts

of Congress unconstitutional

Checks on the Judicial Branch

- Congress establishes lower federal courts

- Senate confirms or rejects appointment of judges

- Congress can impeach or remove federal judges

Checks on the Executive Branch

- Congress can override presidential veto

- Congress can impeach and remove the president or other high officials

- Senate approves or rejects treaties

- Senate confirms or rejects federal appointments

The Amendment Process:

PROPOSAL STAGE

Two-thirds vote of members present in both houses of Congress (33 amendments proposed)

OR

National convention convened by Congress at request of two-thirds of state legislatures (no amendments proposed)

RATIFICATION STAGE

Three-fourths of state legislatures (25 amendments ratified)

OR

Conventions in three-fourths of the states (1 amendment, the 21st, ratified)

The Constitution is sent to Congress for approval!

Took four months to draftSuccessful document-

◦Enabled it to pass the test of time◦The Constitution is a “living document”

Our forefathers created a balanced, open-ended government for us to work with

Ratification- official approval of the people of the U.S. to adopt the Constitution

Newspapers printed the full text of the Constitution

Shocked! So many changes!◦Thought they were simply going to fix the

Articles of Confederation

Each state would hold a special convention◦Voters would elect delegates◦Delegates would choose to sign (or not sign)

the Constitution

Required 9 of 13 states’ approval◦Will take 8 months to ratify

WHY?

FEDERALISTSSupporters of the Constitution

Division of powers and system of checks and balances will protect Americans from tyranny

Support came from urban centers:◦ Merchants◦ Skilled workers◦ Laborers◦ Small states with weak governments

George Washington, James Madison

ANTIFEDERALISTS

Opposed having a strong central government◦ Compose a long list of possible abuses of power by a strong

central government

Demanded a Bill of Rights to protect the people

◦ Lack of protection for individual rights Government will serve the interests of the privileged minority

◦ Support came from rural areas: Large states with strong economies

Patrick Henry, Sam Adams, Richard Henry Lee

The Federalist Papers

Debate over ratification

85 essays are published defending the Constitution in newspapers from 1787-1788

Signed, Publius◦Madison, Hamilton, John Jay

Provided an analysis and explanation of the Constitution◦Sought to disprove all of the issues that the

Antifederalists proposed to the public.