Constitution and Government

1. Constitution and Government

2. Mayflower Compact • The Compact is often described as America's first constitution, but it is not a constitution in the sense of being a fundamental framework of government. • Provided self government and majority rule.

3. The Articles of Confederation I. Formed the first government of the U.S. II. Was a loose alliance of independent States- gave some power to the central government but the States kept the greater part of the power III. Reflected the colonists fears of a strong central government. What fears did colonists have After fighting the Revolution?

4. Articles of confederation cont. Weaknesses of the Articles of Confederation A. The federal government could not enforce laws B. The Federal Government could not collect taxes for defense C. Federal government had no power to tax people D. No single national currency- States had their own E. The federal government could not control trade F. Congress was not allowed to maintain an army- only States had militias

5. Constitutional Convention • Was established to discuss issues of the articles of confederation. • In the process they created the constitution, which created the United States of the America

6. 3 Branches of Government • Legislative • Executive • Judicial • http://www.youtube.com/watch?v=x5M50xBz1cU

7. Separation of Power • This separation balances the branches of government and keeps any one of them from growing too powerful. • Legislative Branch • Writes laws • Confirms presidential appointments • Approves treaties • Grants money • Declares war • Executive Branch • Proposes and administers laws • Commands armed forces • Appoints officials • Conducts foreign policy • Makes treaties • Judicial Branch • Interprets Constitution and other laws • Reviews lower-court decisions

8. Legislative branch • The legislative branch makes the nation’s laws. • Article I of the Constitution divides legislative branch, or Congress, into House of Representatives and Senate • House of Representatives based on the population of each state. The bigger the state the more house of rep. members it has. • The Senate has equal representation by each state. Each state has 2 members of the Senate

9. Executive branch • The executive branch enforces the nation’s laws. • Head of the executive branch is the president • President and vice president elected every four years • Vice president becomes president if the president dies, resigns, or is removed from office • House of Representatives can impeach, or vote to charge president with serious crimes; Senate tries impeachment cases; Congress can remove president from office if found guilty

10. Judicial branch • The judicial branch determines whether or not laws are constitutional. • The Judicial Branch interprets the laws made by congress. • Judicial branch—system of federal courts headed by U.S. Supreme Court • Federal courts can strike down a state or federal law if the court finds law unconstitutional

11. Checks and Balances • The framers of the Constitution established a system of checks and balances to prevent any branch government from getting too powerful. • Example: Congress has the right to pass bills into law, but the president can veto them, which means the bill does not become a law.

13. Federalist vs Anti Federalist I. Federalists vs. Anti-federalists A. Federalists: Favored ratification. Wanted a strong national government. 1. George Washington, Benjamin Franklin, James Madison, Alexander Hamilton B. Anti-federalists: opposed ratification and wanted a weak national government. Feared that a strong national government would threaten people’s rights. C. These were the foundation for the first political parties.

14. Bill of Rights • The Big Idea • The Bill of Rights was added to the Constitution to define clearly the rights and freedoms of citizens. • Main Ideas • The First Amendment guarantees basic freedoms to individuals. • Other amendments focus on protecting citizens from certain abuses. • The rights of the accused are an important part of the Bill of Rights. • The rights of states and citizens are protected by the Bill of Rights. • Also knows as the 10 amendments.

15. Bill of Rights • 1st amendment Freedom of speech, religion, and press • 2nd amendment right to bear arms • 3rd amendment Conditions for quarters of soldiers • Can’t come and stay in your home • 4th amendment Right of search and seizure regulated • Probable cause • 5th amendment Provisions concerning prosecution • Plead the 5th • Protects against self incrimination • 6th amendment Right to a speedy trial • 7th amendment Right to a trial by jury • 8th amendment Excessive bail, cruel punishment • 9th amendment Rule of construction of Constitution • Other rights of people that are not specifically mentioned • 10th amendment Rights of the States Under the Constitution • Things not outlined in the constitution are up to the states discretion

16. Bill Becomes a Law • A member of Congress writes the bill • A committee passes the bill • The house or Senate passes the bill • The other house passes the bill • The president signs the bill into law • http://www.youtube.com/watch?v=VxT7QjlvDqM