The Constitution • LT#1: Explain the important decisions and compromises made at the Constitutional Convention. • LT#2: Explain the set up and operation of the Federal government. • LT#3: Identify and discuss the important principles underlying the Constitution. Constitutional Convention • Original Purpose of Convention: Revise the Articles of Confederation. They decide to make a new Constitution. • Who Presides?: George Washington • Delegate Information: – Average age 41, Ben Franklin Oldest at 81 – Most have political experience, 6 signed Decl. of Indep., 7 governors, 41 members of 2nd Continental Congress. – Not There: Women, Natives, African Americans, T.J., John Adams, Rhode Island, Patrick Henry • Convention Rules: – Each state one vote, majority rules – Complete secrecy and no records kept Compromises • Original Purpose= Revise the articles • Who Presides? = George Washington • Great Compromise (Representation in Congress) – Virginia Plan = 2 Houses based on population – New Jersey Plan = 1 House with one vote per state. – Compromise = 2 Houses, House of Representatives based on population, Senate each state 2 Senators. • Three-Fifths Compromise: Every 5 slaves count as three people for representation. • Electoral College= Electors from each state (equal in number to the state’s Senators + Representatives) would vote to elect the President and Vice President. • Trade= Congress could NOT tax exports, nor interfere with slave trade for 20 years. The Constitution • • • • • Completed/Signed= September 17, 1787 Ratified= 1788 Bill of Rights= Added in 1791 Federalists= Supporters of the Constitution Anti-Federalists= Feared too strong a National Government and wanted a Bill of Rights. • Preamble= Introduces the Constitution and its 6 goals. • Articles= The 7 articles set up our government. – Article 1= Set-up Legislative Branch (Makes Law) – Article 2= Set-up Executive Branch (Carries out Law) – Article 3= Set-up Judicial Branch (Interprets Law) • Amendments= Changes/additions. There are 27 amendments. The first 10 are called the Bill of Rights. The Set-up of Our Government • Federalism= The power of our government is divided into three levels. National, State, and Local. • Branches of Government= The power of our government is also separated into three branches. Legislative, Executive, Judicial. • Article I: Legislative Branch, Congress: Powers: tax, regulate trade, coin money, declare war, Make Laws. House of Reps.=elected to 2 year term, 435 total representatives, Senate =elected to 6 year term, 100 total Senators. • Article II: Executive Branch, The President: Powers: command armed forces, make treaties, pardon criminals, appoint officials. Enforce Laws. Elected to 4 year term • Article III: Judicial Branch, Supreme Court: Power: Interpret the Law. Decide if laws, acts, actions made by government officials fit the Constitution. If not they are Unconstitutional and are canceled. Appointed by President to Life time terms. Cicada hatching out The Set-up Government Continued • 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. Dividing the power of government in the Constitution 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) Declare War Collect Taxes Coin Money Make laws Regulate trade Commander of Armed Forces Make Treaties Propose laws Create the budget Veto or sign laws Appoint judges, cabinet, ambassadors Pardon criminals wrongly imprisoned Decide whether laws fit the Constitution Decide whether Presidential Actions fit the Constitution Interpret what laws mean. 5 Underlying Principles • Federalism (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.
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