Origins of American Government

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Origins of American Origins of American Government Government It is, Sir, the people’s It is, Sir, the people’s Constitution, the Constitution, the people’s government, made people’s government, made for the people, made by for the people, made by the people, and the people, and answerable to the answerable to the people.” people.” Daniel Webster 1830 Daniel Webster 1830

description

Origins of American Government. “It is, Sir, the people’s Constitution, the people’s government, made for the people, made by the people, and answerable to the people.” Daniel Webster 1830. Place the following events in the correct order. British surrender at Yorktown French and Indian War - PowerPoint PPT Presentation

Transcript of Origins of American Government

Page 1: Origins of American Government

Origins of American Origins of American GovernmentGovernment

““It is, Sir, the people’s It is, Sir, the people’s Constitution, the people’s Constitution, the people’s government, made for the government, made for the

people, made by the people, people, made by the people, and answerable to the and answerable to the

people.”people.”Daniel Webster 1830Daniel Webster 1830

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Place the following events in the Place the following events in the correct ordercorrect order

British surrender at YorktownBritish surrender at YorktownFrench and Indian WarFrench and Indian WarShots fired at Lexington and ConcordShots fired at Lexington and ConcordBill of Rights added to ConstitutionBill of Rights added to ConstitutionBoston Tea PartyBoston Tea PartyDeclaration of IndependenceDeclaration of IndependenceConstitutional ConventionConstitutional ConventionWashington Inaugurated as first Washington Inaugurated as first

PresidentPresidentArticles of Confederation approved by Articles of Confederation approved by

Second Continental CongressSecond Continental Congress

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Correct OrderCorrect OrderFrench and Indian War 1754-1763French and Indian War 1754-1763Boston Tea Party 1773Boston Tea Party 1773Shots fired at Lexington and Concord 1775Shots fired at Lexington and Concord 1775Declaration of Independence 1776Declaration of Independence 1776Articles of Confederation approved by Articles of Confederation approved by

Second Continental Congress 1777Second Continental Congress 1777British surrender at Yorktown –Oct. 1781British surrender at Yorktown –Oct. 1781Constitutional Convention 1787Constitutional Convention 1787Washington Inaugurated 1789Washington Inaugurated 1789Bill of Rights added to Constitution 1791Bill of Rights added to Constitution 1791

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The two documents that are the The two documents that are the foundation of American foundation of American

government are the Declaration government are the Declaration of Independence and the United of Independence and the United

States Constitution.States Constitution.The government that was The government that was

formed was the first of it’s kind formed was the first of it’s kind and uniquely American.and uniquely American.

The story of government in the The story of government in the last 200 years has been the last 200 years has been the

spread of our type of democracy spread of our type of democracy around the world.around the world.

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Basic Concepts of GovernmentBasic Concepts of Governmentbrought to North America by brought to North America by

English ColonistEnglish ColonistOrdered Government- orderly Ordered Government- orderly

regulation of relationships between regulation of relationships between citizens.citizens.

Limited Government- government is Limited Government- government is not all powerful.not all powerful.

Representative Government- Representative Government- government should serve the will of government should serve the will of the people.the people.

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English Influences on American English Influences on American GovernmentGovernment

Magna Carta-1215- includes right to trial Magna Carta-1215- includes right to trial by jury, due process of law—established by jury, due process of law—established principle of limited government.principle of limited government.

Petition of Right- 1628—challenged the Petition of Right- 1628—challenged the idea of “divine right” of kings—even the idea of “divine right” of kings—even the monarch must obey of the law.monarch must obey of the law.

English Bill of Rights- 1689- includes English Bill of Rights- 1689- includes right to fair and speedy trial by a jury of right to fair and speedy trial by a jury of their peers also freedom from cruel and their peers also freedom from cruel and unusual punishment.unusual punishment.

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Influence of English Influence of English ParliamentParliament

The English Parliament had a two The English Parliament had a two house legislature---The House of house legislature---The House of Commons and the House of Lords.---Commons and the House of Lords.---This is known as a bicameral This is known as a bicameral legislature.legislature.

Today every state except Nebraska Today every state except Nebraska has a bicameral legislature.has a bicameral legislature.

The Congress of the United States is The Congress of the United States is bicameral---The U.S. Senate and the bicameral---The U.S. Senate and the U.S. House of Representatives.U.S. House of Representatives.

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Colonies established practices Colonies established practices that became a key part of that became a key part of

nations system of government.nations system of government.Written Constitutions in each colonyWritten Constitutions in each colony

—all called for a separation of powers —all called for a separation of powers between the Governor and state between the Governor and state legislatures, and representative legislatures, and representative bicameral legislatures.bicameral legislatures.

Some colonial Constitutions included Some colonial Constitutions included a list of rights: ex. Virginia a list of rights: ex. Virginia Declaration of Rights.Declaration of Rights.

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Philosophical influencesPhilosophical influences Thomas Hobbes, James Harrington (1611-Thomas Hobbes, James Harrington (1611-

1677), John Locke (1632-1704), and Jean 1677), John Locke (1632-1704), and Jean Jacques Rousseau (1712-1778) develop Jacques Rousseau (1712-1778) develop social contract theory of government.social contract theory of government.

Human beings enter into a contract by Human beings enter into a contract by agreeing with one another to create a agreeing with one another to create a state (government).state (government).

Government arose out of a voluntary act Government arose out of a voluntary act of free people. of free people.

The state exist only to serve the people.The state exist only to serve the people. The people are the sole source of political The people are the sole source of political

power and they are free to give or power and they are free to give or withhold that power as they choose.withhold that power as they choose.

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Philosophical Influences Philosophical Influences continued:continued:

Three concepts created by Three concepts created by Social Contract Theory.Social Contract Theory. Popular sovereignty-Popular sovereignty- people hold the people hold the

power to rule.power to rule. Limited government-Limited government- government is not all government is not all

powerful.powerful. Individual rights-Individual rights- people are born with people are born with

rights that were given to them by God.rights that were given to them by God.

Thomas Jefferson would borrow heavily Thomas Jefferson would borrow heavily from the writings of John Locke when he from the writings of John Locke when he writes the Declaration of Independence.writes the Declaration of Independence.

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Path to IndependencePath to Independence1607-1754-Colonist remain loyal to 1607-1754-Colonist remain loyal to

England in return for a large measure England in return for a large measure of self rule and protection from the of self rule and protection from the French.French.

1754-The Albany Plan of Union is 1754-The Albany Plan of Union is offered by Benjamin Franklin. Plan offered by Benjamin Franklin. Plan calls for a Congress of delegates from calls for a Congress of delegates from all 13 colonies (it does not call for all 13 colonies (it does not call for independence). The plan is turned independence). The plan is turned down by the Colonies and the King.down by the Colonies and the King.

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Path to Independence Path to Independence continuedcontinued

1754-1763—French and Indian War 1754-1763—French and Indian War threatens England’s hold on North threatens England’s hold on North America. America.

Colonist fight along side British troops. Colonist fight along side British troops. England goes in debt fighting this war. England goes in debt fighting this war. England expects colonies to pay England expects colonies to pay

higher taxes to pay for war. higher taxes to pay for war.

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Path to Independence Path to Independence continuedcontinued

English Parliament passes Stamp Act of English Parliament passes Stamp Act of 1765. The law requires the use of stamps 1765. The law requires the use of stamps on all legal documents, on certain on all legal documents, on certain business agreements, and on business agreements, and on newspapers.newspapers.

Nine colonies send delegates to New York Nine colonies send delegates to New York to what becomes known as the Stamp Act to what becomes known as the Stamp Act Congress. They call for a repeal of the Congress. They call for a repeal of the Stamp Act by the English Parliament.Stamp Act by the English Parliament.

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Path to Independence Path to Independence continuedcontinued 1770-British troops fire on a crowd of five 1770-British troops fire on a crowd of five

colonist, killing five (Boston Massacre).colonist, killing five (Boston Massacre). 1773-Boston Tea Party—protest against 1773-Boston Tea Party—protest against

taxes on tea. taxes on tea. 1774- English Parliament passes a set of 1774- English Parliament passes a set of

laws to punish colonies which become laws to punish colonies which become known as the Intolerable actsknown as the Intolerable acts

1774-Delegates from all colonies except 1774-Delegates from all colonies except Georgia meet in Philadelphia to protest Georgia meet in Philadelphia to protest British policies. This meeting becomes British policies. This meeting becomes known as the first Continental Congress. The known as the first Continental Congress. The delegates send a Declaration of Rights to delegates send a Declaration of Rights to King George III and urge each colony to King George III and urge each colony to boycott all British goods.boycott all British goods.

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Path to Independence Path to Independence continuedcontinued

April 19,1775-British troops clash with April 19,1775-British troops clash with Colonial Militia (Minutemen) at Colonial Militia (Minutemen) at Lexington and Concord Massachusetts.Lexington and Concord Massachusetts.

May 10,1775- The Second Continental May 10,1775- The Second Continental Congress meets in Philadelphia. This Congress meets in Philadelphia. This will be our first national government.will be our first national government.

all 13 colonies representedall 13 colonies represented vote to organize army and navyvote to organize army and navy choose George Washington to lead choose George Washington to lead

new army.new army.

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Path to Independence Path to Independence continuedcontinued

Slightly over a year after the revolution Slightly over a year after the revolution began the Second Continental Congress began the Second Continental Congress names a committee of Benjamin names a committee of Benjamin Franklin, John Adams, Roger Sherman, Franklin, John Adams, Roger Sherman, Robert Livingston, and Thomas Robert Livingston, and Thomas Jefferson to prepare a proclamation of Jefferson to prepare a proclamation of independence.independence.

Most of the work is done by Jefferson.Most of the work is done by Jefferson. July 4, 1776 the Second Continental July 4, 1776 the Second Continental

Congress adopts the Declaration of Congress adopts the Declaration of Independence and proclaim a new Independence and proclaim a new nation.nation.

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Thomas Paine and “Common Thomas Paine and “Common Sense”Sense”

In 1776 Thomas Paine publishes a In 1776 Thomas Paine publishes a pamphlet called “Common Sense” pamphlet called “Common Sense” which details his argument for which details his argument for American Independence from American Independence from England.England.

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Declaration of IndependenceDeclaration of Independence ““We hold these truths to self-evident, that all We hold these truths to self-evident, that all

men are created equal, that they are men are created equal, that they are endowed by their Creator with certain endowed by their Creator with certain unalienable Rights, that among these are unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are That to secure these rights, Governments are instituted among Men, deriving their just instituted among Men, deriving their just powers from the consent of the governed.”powers from the consent of the governed.”

““And for the support of this Declaration, with And for the support of this Declaration, with firm reliance on the protection of Divine firm reliance on the protection of Divine Providence, we mutually pledge to each Providence, we mutually pledge to each other, our lives, our Fortunes, and our sacred other, our lives, our Fortunes, and our sacred HonorHonor.”.”

After signing the document, Franklin said After signing the document, Franklin said “We must all hang together, or assuredly we “We must all hang together, or assuredly we shall all hang separately.”shall all hang separately.”

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Revolutionary WarRevolutionary War The British surrender to Washington The British surrender to Washington

at Yorktown on Oct. 19 1781. The at Yorktown on Oct. 19 1781. The French fleet prevented the British French fleet prevented the British from escaping.from escaping.

(Lafayette)(Lafayette)

Confirmed by Treaty of Paris in 1783.Confirmed by Treaty of Paris in 1783.

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First National ConstitutionFirst National ConstitutionThe Articles of Confederation were The Articles of Confederation were

written in 1777 by the Second written in 1777 by the Second Continental Congress while the Continental Congress while the Revolutionary War was still going on.Revolutionary War was still going on.

The Articles went into effect in 1781 The Articles went into effect in 1781 and would last until 1787.and would last until 1787.

The document creates a unicameral The document creates a unicameral legislature (Congress)legislature (Congress)

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Weakness of Articles of Weakness of Articles of Confederation.Confederation.

One vote for each state regardless of size.One vote for each state regardless of size. Congress powerless to lay and collect taxes.Congress powerless to lay and collect taxes. No Executive (President)No Executive (President) No National Court SystemNo National Court System Amendments could only be added with Amendments could only be added with

consent of all states.consent of all states. 9 out of 13 states had to agree to pass any 9 out of 13 states had to agree to pass any

law.law. Congress could not regulate trade between Congress could not regulate trade between

states (interstate commerce).states (interstate commerce). States could print own money.States could print own money. States could ignore laws passed by Congress.States could ignore laws passed by Congress.

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Shays’ Rebellion 1786Shays’ Rebellion 1786Small farmers and property owners Small farmers and property owners

(1200 strong) rebel against (1200 strong) rebel against government in Massachusetts.government in Massachusetts.

In reference to Shays’ Rebellion In reference to Shays’ Rebellion Washington says “What a triumph for Washington says “What a triumph for our enemies to find that we are our enemies to find that we are incapable of governing ourselves.”incapable of governing ourselves.”

The rebellion shows the weakness of The rebellion shows the weakness of the Articles of Confederation and the the Articles of Confederation and the need for a new government.need for a new government.

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Early attempt to fix ArticlesEarly attempt to fix Articles1786-five states meet in Annapolis 1786-five states meet in Annapolis

Maryland to discuss the problems Maryland to discuss the problems facing the country. They ask for a facing the country. They ask for a second meeting to be held in second meeting to be held in Philadelphia in 1787.Philadelphia in 1787.

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Constitutional Convention May Constitutional Convention May 25, 178725, 1787

12 out of 13 states send delegates to 12 out of 13 states send delegates to Philly—(Rhode Island does not).Philly—(Rhode Island does not).

55 delegates attend convention—today we 55 delegates attend convention—today we call them the “Framers”.call them the “Framers”.

Average age of delegates was 42 (Franklin Average age of delegates was 42 (Franklin at 81 oldest)at 81 oldest)

The document that they would create The document that they would create would be described as “the most would be described as “the most wonderful work ever struck off at a given wonderful work ever struck off at a given time by the brain and purpose of man.”time by the brain and purpose of man.”

English statesman William GladstoneEnglish statesman William Gladstone

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Constitutional ConventionConstitutional ConventionElect George Washington as President of Elect George Washington as President of

Convention.Convention.Decide to conduct their meetings in Decide to conduct their meetings in

secrecy.secrecy.First major decision made--write a new First major decision made--write a new

constitution and get rid of the Articles of constitution and get rid of the Articles of Confederation.Confederation.

James Madison would contribute the most James Madison would contribute the most to the constitution –that is why he is to the constitution –that is why he is known as the “Father of the Constitution.”known as the “Father of the Constitution.”

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Major plans presented at Major plans presented at ConventionConvention

Virginia Plan—(large state plan) Virginia Plan—(large state plan) largely the work of Madison.largely the work of Madison.

1.1. 3 separate branches of government.3 separate branches of government.2.2. Legislature would be bicameralLegislature would be bicameral3.3. Representation in each house based Representation in each house based

on population.on population.4.4. Lower house elected by people in Lower house elected by people in

each state.each state.5.5. Upper house chosen by Lower House.Upper house chosen by Lower House.6.6. Executive and Judicial branches would Executive and Judicial branches would

be selected by the Legislative branch.be selected by the Legislative branch.

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Major plans presented at Major plans presented at ConventionConvention

New Jersey plan—(small state plan) New Jersey plan—(small state plan) William PatersonWilliam Paterson

1.1. Unicameral Congress with equal Unicameral Congress with equal representation.representation.

2.2. Federal Executive of more than one Federal Executive of more than one person selected by Congress.person selected by Congress.

3.3. Federal Judiciary appointed by Chief Federal Judiciary appointed by Chief Executives.Executives.

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Great Compromise (Connecticut Great Compromise (Connecticut Compromise)Compromise)

1.1. Bicameral legislature:Bicameral legislature: lower house (House of Representatives) lower house (House of Representatives)

to be based on population.to be based on population. The upper house (United States Senate) The upper house (United States Senate)

to be based on equal representation.to be based on equal representation. ExampleExample: California has 53 : California has 53

representativesrepresentatives Virginia has 11, Wyoming has 1. Virginia has 11, Wyoming has 1.

However each state has 2 Senators.However each state has 2 Senators.

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Who should count as Who should count as population?population?

If the House of Representatives was If the House of Representatives was going to be based on population then going to be based on population then that would mean that you would have that would mean that you would have to count the population of a state. The to count the population of a state. The question arose who should count as question arose who should count as population?population?

Southern states wanted to count slaves Southern states wanted to count slaves which would increase their population, which would increase their population, thus increasing their representation in thus increasing their representation in the new Congress.the new Congress.

Northern States did not want slaves Northern States did not want slaves counted.counted.

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Three-Fifths Compromise Three-Fifths Compromise Slaves would be counted as three-Slaves would be counted as three-

fifths of a person when determining fifths of a person when determining the population of any state.the population of any state.

Compromise would be abolished in Compromise would be abolished in 1865 with the adoption of 131865 with the adoption of 13thth. . Amendment that abolished slavery.Amendment that abolished slavery.

Today the population of each state is Today the population of each state is determined every 10 years by determined every 10 years by conducting a census.conducting a census.

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Commerce and Slave Trade Commerce and Slave Trade CompromiseCompromise

Congress was given the power to Congress was given the power to regulate foreign and interstate regulate foreign and interstate commerce.commerce.

Southerners were worried that the north Southerners were worried that the north would push through legislation that would push through legislation that would end slavery and tax southern would end slavery and tax southern tobacco and cotton exports.tobacco and cotton exports.

To satisfy the southern delegates To satisfy the southern delegates Congress was forbidden the power to Congress was forbidden the power to tax exports and to act on the slave tax exports and to act on the slave trade for a period of 20 years. (In 1808 trade for a period of 20 years. (In 1808 Congress did ban the importation of Congress did ban the importation of slaves).slaves).

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Electoral College CompromiseElectoral College CompromiseSome at the convention wanted to Some at the convention wanted to

elect the President by popular vote.elect the President by popular vote.Others wanted the President to Others wanted the President to

selected by Congress.selected by Congress.The Compromise was the electoral The Compromise was the electoral

college system which was proposed college system which was proposed by Alexander Hamilton.by Alexander Hamilton.

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Convention completes its Convention completes its WorkWork

September 17, 1789 39 names are September 17, 1789 39 names are placed on finished document.placed on finished document.

In order for it to go into effect 9 out of In order for it to go into effect 9 out of 13 states had to approve it.13 states had to approve it.

In the battle for approval (ratification) In the battle for approval (ratification) two groups emerged.two groups emerged.

1. Federalist –supported ratification1. Federalist –supported ratification 2. Anti-Federalist—opposed ratification2. Anti-Federalist—opposed ratification

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Major criticisms by anti-Major criticisms by anti-federalistfederalist

1.1. Absence of any mention of God.Absence of any mention of God.2.2. Denial of states the right to print Denial of states the right to print

money.money.3.3. Greatly increased powers of central Greatly increased powers of central

government.government.4.4. Lack of list of rights (Bill of Rights)Lack of list of rights (Bill of Rights) “ “I look upon that paper as the most fatal I look upon that paper as the most fatal

plan that could possibly be conceived to plan that could possibly be conceived to enslave a free people.” Patrick Henryenslave a free people.” Patrick Henry

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Federalist PapersFederalist PapersA collection of 85 essays written in A collection of 85 essays written in

support of ratification of the Constitution.support of ratification of the Constitution.They were published in the local They were published in the local

newspapers of the day. (Especially in the newspapers of the day. (Especially in the state of New York where the vote on state of New York where the vote on ratification had not taken place)ratification had not taken place)

Written by Alexander Hamilton, James Written by Alexander Hamilton, James Madison, and John Jay.Madison, and John Jay.

Considered among the best political Considered among the best political writings in the English language, they writings in the English language, they are still used today by scholars to are still used today by scholars to determine the intent of the Founding determine the intent of the Founding Fathers.Fathers.

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New Government takes overNew Government takes overEventually all 13 states ratify the Eventually all 13 states ratify the

Constitution.Constitution.The Bill of Rights (First 10 Amendments) The Bill of Rights (First 10 Amendments)

would be added four years later in 1791.would be added four years later in 1791.The new Congress met first on March 4, The new Congress met first on March 4,

1789 in New York. On April 30, 1789 1789 in New York. On April 30, 1789 George Washington was sworn in as the George Washington was sworn in as the first President of the United States.first President of the United States.

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The ConstitutionThe ConstitutionPreamblePreambleArticle I-Legislative DepartmentArticle I-Legislative Department Divided into 10 sectionsDivided into 10 sectionsArticle II-Executive DepartmentArticle II-Executive Department Divided into 4 sectionsDivided into 4 sectionsArticle III-Judicial DepartmentArticle III-Judicial Department

Divided into 3 sectionsDivided into 3 sectionsArticle IV-Relations among the StatesArticle IV-Relations among the States Divided into 4 sectionsDivided into 4 sectionsArticle V-Provisions for AmendmentArticle V-Provisions for Amendment

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The Constitution continuedThe Constitution continued

Article VI-Public Debts, Supremacy of Article VI-Public Debts, Supremacy of National law, oathNational law, oath

Divided into 3 SectionsDivided into 3 SectionsArticle VII-Ratification of ConstitutionArticle VII-Ratification of Constitution27 Amendments27 Amendments

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Major Principles in the Major Principles in the ConstitutionConstitution 1. 1. Popular SovereigntyPopular Sovereignty—rule by the people—rule by the people

A. The Preamble begins with “we the people A. The Preamble begins with “we the people of the United States in order to form a more of the United States in order to form a more perfect union”perfect union”

2. 2. FederalismFederalism—power is divided between the —power is divided between the national government and the state national government and the state governments. The Supremacy Clause of the governments. The Supremacy Clause of the Constitution provides for a “ladder of laws”- Constitution provides for a “ladder of laws”- U.S. Constitution—U.S. Constitution—

Acts of Congress and Treaties---Acts of Congress and Treaties--- State Constitutions----State Laws----State Constitutions----State Laws---- City and County ordinances.City and County ordinances.

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Major Principles continuedMajor Principles continuedExamples of Federalism-Examples of Federalism- 1. States make up their own rules on 1. States make up their own rules on

how to conduct Presidential elections how to conduct Presidential elections inside their own states.inside their own states.

2. Some states have the death penalty 2. Some states have the death penalty and some don’t. (radar detectors also)and some don’t. (radar detectors also)

3. When the national (federal) 3. When the national (federal) government declares marijuana illegal government declares marijuana illegal states can not make it legal.states can not make it legal.

4. The Full Faith and Credit Clause of 4. The Full Faith and Credit Clause of the Constitution says that all states the Constitution says that all states must honor the public acts, records, and must honor the public acts, records, and judicial proceedings of another state.judicial proceedings of another state.

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3. Separation of Powers3. Separation of PowersThe three branches of government The three branches of government

(executive, judicial, and legislative) are (executive, judicial, and legislative) are separate and distinct. separate and distinct.

A. Executive branch—enforces the lawA. Executive branch—enforces the law B. Legislative branch---makes the lawB. Legislative branch---makes the law C. Judicial branch---interprets the lawC. Judicial branch---interprets the lawCan the President keep his or her Can the President keep his or her

meetings with advisors secret from the meetings with advisors secret from the Congress?Congress?

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4. Checks and Balances4. Checks and Balances Each branch of government Each branch of government

exercises some control on the other exercises some control on the other branches of government.branches of government.

Examples: Examples: A.A. Congress passes a bill and the Congress passes a bill and the

President vetoes it.President vetoes it.B.B. Congress may override a Presidential Congress may override a Presidential

veto.veto.C.C. The Supreme Court may declare a The Supreme Court may declare a

law unconstitutional (judicial review).law unconstitutional (judicial review).Check handout “Checks and Balances at Check handout “Checks and Balances at

Work”Work”

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5. Limited Government5. Limited Government The Congress limits the power of The Congress limits the power of

government. Examples:government. Examples:1.1. Congress shall not pass an Ex post Congress shall not pass an Ex post

Facto law.Facto law.2.2. Congress shall not pass a bill of Congress shall not pass a bill of

attainder.attainder.3.3. Congress may not take away a Congress may not take away a

persons freedom of speech or press.persons freedom of speech or press.4.4. Congress shall not tax exports.Congress shall not tax exports.5.5. Congress shall not create a state Congress shall not create a state

from another state without the from another state without the permission of that states legislature.permission of that states legislature.

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6. Judicial Review6. Judicial ReviewThis power, which belongs to the This power, which belongs to the

federal courts, is not explicitly stated federal courts, is not explicitly stated in the Constitution. in the Constitution.

It was first used by the Supreme It was first used by the Supreme Court in Court in Marbury v. MadisonMarbury v. Madison in in 1803.1803.

A. The Supreme Court ruled that a A. The Supreme Court ruled that a law which had been passed by law which had been passed by Congress and signed by the President Congress and signed by the President was unconstitutional.was unconstitutional.

Today the Federal Courts may rule that Today the Federal Courts may rule that any action of government (federal, any action of government (federal, state, or local) is Unconstitutional.state, or local) is Unconstitutional.

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A few examples of governmental A few examples of governmental actions being ruled actions being ruled

unconstitutional (judicial unconstitutional (judicial review).review). Segregation of public schools by state and Segregation of public schools by state and

local governments.local governments. Requiring students to stand for the pledge or Requiring students to stand for the pledge or

participate in prayer before each school day.participate in prayer before each school day. Requiring a wife get her husbands Requiring a wife get her husbands

permission before getting an abortion.permission before getting an abortion. Putting someone on trial with out a lawyer if Putting someone on trial with out a lawyer if

there is a possibility that they could go to there is a possibility that they could go to jail.jail.

States prohibiting bi-racial couples from States prohibiting bi-racial couples from getting married.getting married.

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Four methods of Amending the Four methods of Amending the ConstitutionConstitution

1. Proposed by two thirds vote in each 1. Proposed by two thirds vote in each house. Ratified by ¾’s (38) state house. Ratified by ¾’s (38) state legislatures.—26 out of 27 done this way.legislatures.—26 out of 27 done this way.

2. Proposed by two thirds vote in each 2. Proposed by two thirds vote in each house. Ratified by ¾’s (38) state house. Ratified by ¾’s (38) state conventions.conventions.

3. Proposed by a national convention, 3. Proposed by a national convention, called by Congress at the request of called by Congress at the request of 2/3’s (34) of the states. Ratified by ¾’s 2/3’s (34) of the states. Ratified by ¾’s (38) state legislatures.(38) state legislatures.

4. Proposed by a national convention and 4. Proposed by a national convention and ratified by ¾’s (38) state conventions.ratified by ¾’s (38) state conventions.

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AmendmentsAmendments11. Immunity of states from certain lawsuits11. Immunity of states from certain lawsuits12. Changes in electoral college system12. Changes in electoral college system13. Abolition of slavery13. Abolition of slavery14. Citizenship, due process, equal protection.14. Citizenship, due process, equal protection.15. No denial of vote because of race or color.15. No denial of vote because of race or color.16. Power of Congress to tax incomes.16. Power of Congress to tax incomes.17. Popular elections of U.S. Senators.17. Popular elections of U.S. Senators.18. Prohibition of alcohol.18. Prohibition of alcohol.19. Women given right to vote.19. Women given right to vote.20. Change dates on start of Presidential and 20. Change dates on start of Presidential and

Congressional terms.Congressional terms.21. Repeal of 1821. Repeal of 18thth. Amendment. Amendment22. Limit on Presidential terms.22. Limit on Presidential terms.

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Amendments continuedAmendments continued23. District of Columbia given 3 electoral 23. District of Columbia given 3 electoral

votes in Presidential election.votes in Presidential election.24. Ban on poll tax.24. Ban on poll tax.25. Presidential succession, vice-25. Presidential succession, vice-

presidential vacancy, presidential presidential vacancy, presidential disability.disability.

26. Voting age changed to 1826. Voting age changed to 1827. Congressional pay can not be raised 27. Congressional pay can not be raised

during the term of a Congress person.during the term of a Congress person.