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Chapter 5

Chapter 5. Constitution. Early governments. All states created Republics Some unicameral, some bicameral Most elected governors, voting rights for property owners, freedom of religion. Articles of Confederation. 1777 Continental Congress adopts Articles of Confederation

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Chapter 5

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  1. Chapter 5 Constitution

  2. Early governments • All states created Republics • Some unicameral, some bicameral • Most elected governors, voting rights for property owners, freedom of religion

  3. Articles of Confederation • 1777 Continental Congress adopts Articles of Confederation • Loose confederation of states • Only one branch – legislature • No executive (Congress would enforce laws) • State constitutions far more powerful – reserved much power for the states

  4. Land • Northwest Territory gained by U.S. • Congress hoped to raise $ and extend borders • Land Ordinance 1785 – divided into a grid system; broke into small sections • Northwest Ordinance of 1787 – a way to govern the land • After 60,000 people, could apply for statehood • OH, IN, IL, MI, WI formed from NW Ord.

  5. Articles (cont) • Problems with England and Spain – didn’t respect us • GB kept forts in the west • Interfered with trade • Debt from war

  6. Weaknesses • One vote, one state • Could not collect taxes; had to ask states for $ • Had to ask states for troops (no military) • Couldn’t regulate commerce (trade) • No separate executive branch; couldn’t enforce • No national court system • Couldn’t regulate printing of $ • Amendments required unanimous vote (all 13) • 9/13 majority required to pass laws • “firm league of friendship” – loose confederation

  7. Shays’ Rebellion • Taxes passed to raise money for war debt • British calling in debts; creditors foreclosing • Taxes & foreclosures hit farmers hard • MA - Shays led rebellion – no strong gov. or army to suppress rebellion • * Demonstrated people WOULD defy authority but most importantly, showed how weak the Articles were!

  8. The Constitutional Convention • Philadelphia – 1787; secret meeting • 55 delegates from all but RI • Well educated, some wealthy, landowners • James Madison – “Father of the Const.” • Great knowledge of history, kept private detailed notes • http://www.history.com/videos/james-madison-did-you-know • George Washington – President of the Constitutional Convention

  9. Divisions and Compromises • Some wanted to amend, some wanted to change completely (abandon Articles) • Had been authorized only to amend/revise • Representation, Slavery, State v. Federal • Virginia Plan • Bicameral Leg. (2-house) • Proportional with population • Taxation power; veto power over state leg. • Executive and Judicial branch

  10. Divisions/Compromises cont. • New Jersey Plan • Taxation power and Exec. and Jud. Branches • Equal representation - vote in Congress • GREAT COMPROMISE: Two house legislature – bicameral Senate – Equal representation (2 per state) House – Proportional rep. (based on population) Creates a Federal system (power shared between state & federal power); also called Federalism

  11. Three-Fifths Compromise • Southern states wanted slaves included in population count (not for voting) – over 4 million • Would give them more members of House • 3/5 of the South’s slaves would be counted • No interference in slave trade 20 years • Fugitive slaves had to be returned

  12. Ratifying the Constitution • Required 9 of 13 • Framers feared state legislatures would not ratify • Federalists – Favored the Constitution, strong national govt. • Antifederalists – Opposed Constitution; plan posed a threat to state govt.

  13. Federalists Washington, Hamilton, Madison The Federalist Papers – articles that supported constitution Antifederalists Patrick Henry, Thomas Jefferson Against constitution; less affected by commerce (rural) – needed less leadership Saw Constitution as betrayal of the Revolution Ratification cont.

  14. The Federalists Win • Articles had serious flaws; economic problems; Shay’s Rebellion • Federalists united around a single plan; anti-federalists only united against – had no official plan • Well organized national group • Had support of George Washington • Federalist Papers • Ratified 1789 • Needed one last compromise…..

  15. The Bill of Rights • Passed because of Federalist’s willingness to accept several amendments • Some Federalists saw no need for BOR (Madison) • Thomas Jefferson favored BOR– “unalienable rights” of Declaration • Federalists gave in to pressure for amendments • First 10 amendments – Bill of Rights ratified in 1791

  16. A Lasting Document • Specific but flexible to adapt to societal change • Only amended 27 times (one repealed the other) • Many nations model their gov’t on this

  17. The Government • Separation of Powers -3 Branches – Legislative, Executive, Judicial • Checks and Balances – each limits the other • House – responsive to people, elected every 2 years, based on population, 25 yrs, 7 year US citizen ($ bills must begin in House) • Senate – more removed from the people, 6 year terms, 1/3 elected every 2 years, 30 yrs.., 9 year US citizen • Today – 100 in Senate, 435 in House • Georgia – 14 Reps, (Senators Johnny Isackson, Saxby Chambliss, Rep. Gingrey) *New Senator (Perdue/Nunn) in November

  18. The President • Executive branch • Command of armed forces, veto, appoints federal judges, signs bills into law • Electoral College elects president (same number of electors as Congressmen) • 35, U.S. born, • 14 year resident

  19. Federal Courts • Members chosen by President with consent of Senate • Served for life • Terms left vague….this would result in the concept of JUDICIAL REVIEW which increased power of courts tremendously – they can declare a law unconstitutional!

  20. The Constitution - Principles • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  21. The Constitution - Structure • Article 1 – Legislative • Article 2 – Executive • Article 3 – Judicial • Article 4 – Relations among states • Article 5 – Provisions for amendment • Article 6 – Debt, supremacy of national law • Article 7 – Ratification • AMENDMENTS – 27 total

  22. The New Government • New York, 1789 – George Washington inaugurated into office • Unanimous vote of electoral college (John Adams – VP) • Selected Cabinet (Randolph, Knox, Jefferson, Hamilton) • Jefferson – domestic affairs; great diplomat and leader; distrusted govt.

  23. New Government cont. • Hamilton – favored strong national gov. – believed it could accomplish great things • Washington – established precedents for future administrations…what was the role of each branch, each official, etc.? • Great dignity and strong personality • NY to Philadelphia for 10 years • New capital – DC; L’Enfant designed to display power and authority

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