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CONSTITUTION MAKING

CONSTITUTION MAKING. Brought to you by American Studies. SOURCES. Examine two primary sources: Document B and Document C in the packet (please do NOT write on the packet. . And return by end of class) What are your observations? What information is listed.

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CONSTITUTION MAKING

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  1. CONSTITUTION MAKING Brought to you by American Studies

  2. SOURCES • Examine two primary sources: Document B and Document C in the packet (please do NOT write on the packet. . And return by end of class) • What are your observations? What information is listed. • What kind of conclusions might your draw. . Why? How do these lists help paint a picture of early life in the colonies? • What questions do you have to fill in the gaps? • Where can you find good sources on population statistics – like income, age, immigration status? Education? Gender?

  3. Essential QUESTIONS • Are we a religious people in the United States? To what extent do the founding documents speak to religion or faith? Is there a difference? • To what extent do the founding documents support or challenge notions of the self-made man and the importance of individuality? Or, are we a community? Can we be both? • Are we exceptional? Is the American experience an experiment in politics and society that is unique from other experiences around the world? Should we export this exceptionalism if we are? Or are we merely part of a larger global context?

  4. John Winthrop’s speech • Listen and read over John Winthrop’s speech. Imagine that you are on a boat listening to these words. • Source/Title/Subject – What can we learn about the document by examining the source and title? • Occasion – Why does Winthrop make his speech when he does? What do you think? • Audience – Who is his audience? • Purpose – What is the author’s purpose for making the speech. • Tone – What words reveal the tone of this document.

  5. DECLARATION OF INDEPENDENCE • The Declaration was read as an argument – • Jefferson claimed that we were forced to write this document. • The King – George III had reused to even receive the colonists’ petition – which flew in the face of the right of people to petition the government. • Jefferson blamed George III for slavery in the original draft. The clause was struck out. . Why?

  6. Is paranoia normal? • Thomas Paine – argued that all we needed was Congress. • Articles of Confederation may seem like a weak government but very threatening – took over 4years to have the States ratify the Confederation.

  7. DO NOW • What does the Declaration and “City on a Hill” speech have in common? • Does compromising mean selling out? Do you believe politicians should change their mind and negotiate? OR do you think that politicians who change their mind are fickle and not worthy?

  8. How to assess Articles of Confederation • Americans did not think of themselves as citizens of new country. • No connection among states • South Carolina – little feeling for MA • Lee “VA is my country, Sir” • Similar political ideology – legislature • DESIRE FOR LOCALISM

  9. Careful checks and balances • Eliminated executive branch – no potential tyrant • Resisted taxes • Resisted tariffs/duties/restrictions on trade • Shortage of currency – didn’t want to give central govt. right to produce common currency • Jealously guarded state interests: one state = one vote; all states for any change

  10. Strengths and weaknesses of Articles STRENGTHS WEAKNESSES Can’t raise money effectively No money for army or protection Impossible to amend Can’t prevent states from squeezing each other financially • Helps us win the Revolutionary War • Won the peace – diplomats • Solution to problem of colonization • Northwest Territories – entry of territories into Union so no “blue Ribbon” states exist

  11. Who were the delegates? • ½ Dozen State governors • Chief Justice • Several had served on State Courts • lawyers

  12. Sizing each other up!! • Major William Pierce – manuscript of character; sketches – for posterity • Hamilton “Tincture of vanity about him” • Madison “waxes eloquent”

  13. “Every morning we wake up and decide that we want to live in a constitutional republic” -- Garret Epps, author

  14. Foreign issues in 1787 • We were not abiding by Treaty of ’83 • Loyalists in Canada not happy • Issue over Mississippi River

  15. Domestic Problems • Trade wars being fought • Boundary disputes • 4 states have pieces that want to break off • Factions – debtor/creditor fights everywhere

  16. “The adoption of the Constitution was. . . The most participatory, majoritarian, and populist event the Earth had ever seen.” --- Akhil Reed Amar

  17. SORT DELEGATES • National Symbols STATE and Local • Theorists William Patterson • Madison • Hamilton QUIET DELEGATES • James Wilson Jared Ingersoll • Pinckney • Elder Statesmen: • Mason • Will Livingston • John Dickinson````````````````````````````````````````

  18. Dead White Guys In a speech to the Free Congress Foundation in 1997, Charlton Heston, who became President of the National Rifile Association, celebrated the role of white men in the nation’s founding: “The Constitution was handed down to guide us by a bunch of those wise old dead white guys who invented this country. Now, some flinch when I say that. Why? It’s true. . . They were white guys. So were most of the guys who died in Lincoln’s name opposing slavery in the 1860s. So why should I be ashamed of white guys? Why is Hispanic pride or black pride a good thing while “white pride” conjures up shaved heads and white hoods?

  19. Popular sovereignty • Principle that the people are the source of all governmental power.

  20. RULES • Rule of Secrecy – Why essential? • Rumors – Delegates giving up . . .looking @relative of George III to b King. Leak spreads throughout nation. Public Opinion – Most people don’t care. Ratification – in public

  21. Key Compromises: Is it ok to compromise our values? Are we selling out? • Great Compromise – Who had to give up what? • Federalism – Where do we still see this battle/compromise going on today? • Slavery

  22. SLAVERY COMPROMISES: • 3/5th Compromise – North v. South Article 1 section 3 • Slave Trade in tact –Article 1 section 9 clause 1 • Fugitive Slave Law – Article IV section 2 clause 3 • Article V – amendment process by states we cannot make an amendment to change Article 9 – slave trade before 1808,

  23. HOUSE REQUIREMENTS • 25 years • 7 years in residency/citizenship • Two year terms

  24. House Powers • Revenue bills originate here • impeachment

  25. Census/Districts • http://www.malegislature.gov/Images/ProposedRedistrictingMaps/18.jpg • WHO IS RUNNING IN 2012: • Ballotpedia Atom feed

  26. SENATE • REQUIREMENTS: • 30 years • 9 years a citizen and living in state during time of election • Terms 6 years. . Elections 1/3, 1/3, 1/3 or the Senate (every two years a 1/3 is up for election. . .why?)

  27. Special Powers of Senate • Ratify treaties • Advice and consent with President on nominations – must approve nominations (Court, cabinet) • Conduct Trial for Impeachment

  28. Electoral College • U. S. Electoral College, Official - What is the Electoral College?

  29. President’s Requirements • Natural Born citizen • 14 years in residence • 35 years of age • LENGTH OF TERM: • How many? • 22nd Amendment– significance?

  30. Powers of President • Head of military • Makes treaties • Makes appointments for Court and cabinet • Has the power to grant pardons

  31. Judicial Branch • No requirements. . .is that a good thing? • Length of term: • Role of Congress – creating lower courts • Jurisdiction – State v. Federal – • Trial by Jury • Westlaw State Court Organization Chart

  32. ARTICLE IV • RESPECT OTHER LAWS IN OTHER STATES! • Full Faith and Credit • Fugitive Slave Law • Extradition

  33. Article V – • Congress – 2/3 majority of both houses • Ratified by how many ¾ States. . . • 27 total Amendments • 1st 10 – Bill of Rights

  34. Article VI • SUPREMACY CLAUSE • Federal law is supreme. . If there is a conflict b/t state law or state courts and federal law and fed. Courts – Federal Govt. wins!

  35. Necessary and Proper Clause • Article 1 Sec 8 last clause 18--

  36. IMAGINE THIS CLASSROOM • Ok. . Mrs. Green is the government.. . .ok and so is Mr. Franklin. Your parents/guardians represent the “State”. . . .You, the students are the individuals. . The “people” • EXPLICIT POWERS -- • What are some explicitly stated (part of the job description when we got hired or what is legally required by the govt of your parents) • Parents: • Teachers

  37. IMPLICIT • What powers do Mr. Franklin and I have that are not actually written in our job description but in order to carry out grading, instructing, teaching the “core”, etc we are allowed to do?

  38. INHERENT • Are there any powers that we have as the BIG DUDES in your life that we have by virtue of being the “BOSS”?

  39. RESERVED • What powers are RESERVED for your Parents/GUARDIANS? • DO you have any powers left over for yourself? If so what?

  40. TYPE OF POWERS • Expressed or explicit– Stated in Constitution • Example: Post office, patents • IMPLIED – Necessary and Proper Clause – Article 1 section 8 clause 18 – “to make all laws necessary and proper”. . .Can make laws to support the explicit ones. . For example – Congress is allowed to collect taxes and borrow money. Where will it place the money and how will it monitor? Need a bank? Ok. . The Congress could make a national bank. . . Or could it (Was a HUGE debate. . .and the debate was over the Necessary and Proper clause. • INHERENT – Doesn’t have to be stated. . Just the fact that the Federal Govt is a national, centralized sovereign nation –example: Making treaties • RESERVED – POWERS RESERVED TO THE STATES

  41. LIMITS ON POWER • Article 1 Section 9 • No ex post facto laws – can’t make a law that will then penalize people who broke the law before it was a law. • Example – Marijuana use. Let’s say Dope use was allowed and Mrs. Green did weed regularly (G-d forbid). . And then the legislature passed a law saying it was illegal. Mrs. Green doesn’t do the weed thing now.. • No bill of attainder – confiscating property or declaring someone guilty and giving punishment without due process • Cannot suspend habeas corpus • No titles of nobility

  42. CHECKS AND BALANCES • A check President has on the whole Congress • A check the House has on the Senate • A check the Senate has on the House • A check the people have on the Congress • A check the people have on President

  43. Checks and Balance • Your small group has a card: • People • President • House • Senate • Supreme Court • Congress • Your task: Brainstorm as many checks as you think you have on each of the other groups. You can consider the House and Senate separately and then you can also consider them as a whole Congress

  44. CHECK and Balance Game • The House passes a law that will impact highway funding. We don’t like it in Swampscott. . . .What is a check on this power?

  45. The Congress passes a law

  46. The President is a scoundrel who breaks the law

  47. The President appoints the next Supreme Court Justice and the guy up for appointment knows nothing about the Constitution.

  48. The Senate tries the President in an impeachment trial.

  49. The President Vetoes a bill

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