Branches of Government

4. Branches of Government

5. Levels of Government (not branches)

6. + and – of parents! *Is life better with or without parents?

7. New fledgling nation…United States of America • Who was our parent? • GB • What did we just do to our parent? • Kicked them out • But life is better with a parent, so what do we do now? • Adoption (find a new parent – Spain, France, etc.) • Make our own “parent”/government • Sheepishly return to our old parent (GB)

8. Which do we decide? • To be our own parent and make a new government • What kind of document establishes a government? • A constitution (not THE US CONSTITUTION)

9. What is a constitution?(not the U.S. Constitution)

10. A set of ideas (principles) that says the powers and duties of a government (theory) A constitution sets up the framework of a government (tells what positions exist in a system of government) and expresses what it can and cannot do. (practice)

11. See front page of 2015-16 packet • Federal/National • State • Local govt -https://www.census.gov/newsroom/releases/archives/governments/cb12-161.html

12. Take one… • Our first attempt at writing a constitution(creating a new government)… • Did it work? • NO! • How do you know? • B/C we do not use it today. • Let’s figure out how they developed it and why it didn’t work. Articles of Confederation

13. If you were in charge of your own household, what would your rules be? Be specific Minimum of 5 *Are any of them the exact opposite of what you live under now? Why?

14. America is no different… • Created a government that was exactly the opposite of what they had before • No kings • No national military • States and local government had distinctly more power than the federal government

15. Articles of Confederation • First national constitution (each state also created their own state constitutions) • The A of C laid out what our national government would look like • Passed by the Second Continental Congress on Nov. 15, 1777 (not officially, unanimously ratified until 1781)

16. Articles of Confederation Single branch of national government (Congress) • Each state had one vote in Congress (no matter how big or small your state – what’s the potential problem with this?)

17. Articles of ConfederationThe national/federal government that was created … The good… The bad… Was weak Could not collect taxes (in order to raise money for the nation) Had to askstates for money – states could say NO Could not regulate trade (states traded based on rules that were best for them – Would the rules be the same in South Carolina and Massachusetts?) Could not force anyone to abide by its laws Had no executive branch (out of fear of a tyrannical king) Had no judicial branch/ national court system Could only askstates to provide a military Who seems to have the greatest power in this situation:Federal Govt. or State Govt.? • Was not like the British monarchy (good b/c that’s what we just rebelled against) • Was able to engage with foreign countries and sign treaties • Was able to declare war and make peace • Was able to coin (so were states) and borrow money

18. Thomas Paine (ouch) Under the A of C - It’s the states (the people – the large) that have significant power to govern, not the federal government (the small). “There is something very absurd in supporting a continent to be perpetually governed by an island.” Who’s principles are being followed by such a government?

19. 12/8/2015 Review • How many levels of government do we have? • What are they? • What created the framework/structure for one of our more than 89,000 governments? • Which constitution created our first NATIONAL government? • Did it work? How do you know?

20. With thirteen states “being in charge”… problems quickly surface

21. Articles of Confederation Weaknesses Outcomes There was no way to settle disputes between states New laws were difficult to pass A small state had the same power as a large state in all affairs The laws were inconsistently enforced by the individual states The government was always short of money and couldn’t repay its war debt In all practical terms, there were no new changes to the government structure Each state managed its own commerce (buying/selling), so it was difficult to trade with other nations ____ ____ ____ ____ ____ ____ ____ • Each state only had one vote in Congress, regardless of size • There was no executive branch to enforce any acts passed by Congress • There was no national court system • Congress had no power to tax • Congress did not have the power to regulate foreign and interstate commerce (buying/selling) • Amendments to the Articles of Confederation required a unanimous vote • Laws required 9/13 majority to pass in Congress

22. Articles of Confederation Weaknesses Outcomes There was no way to settle disputes between states New laws were difficult to pass A small state had the same power as a large state in all affairs The laws were inconsistently enforced by the individual states The government was always short of money and couldn’t repay its war debt In all practical terms, there were no new changes to the government structure Each state managed its own commerce (buying/selling), so it was difficult to trade with other nations ____ ____ ____ ____ ____ ____ ____ • Each state only had one vote in Congress, regardless of size • There was no executive branch to enforce any acts passed by Congress • There was no national court system • Congress had no power to tax • Congress did not have the power to regulate foreign and interstate commerce (buying/selling) • Amendments to the Articles of Confederation required a unanimous vote • Laws required 9/13 majority to pass in Congress

23. So, advocates emerge (both for and against the A of C)

24. Believers of the A of C are called anti-federalists Non-believers of the A of C were called federalists Alexander Hamilton James Madison George Washington John Adams Benjamin Franklin • Thomas Paine • Patrick Henry • Samuel Adams • Thomas Jefferson

25. Federalism(someone that supports this idea is called a _____________) • Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smallersubdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy (________________) from each other. The United States has a federal system of governance consisting of the national or federal government, and the government of the individual states. (Cornell University Law School)

26. Federalists like James Madison began speaking out very loudly that the A of C was not going to work. That a stronger version of a federal government must exist. States should not be trumping the federal government. The federal government must be the organizer, the leader, the enforcer for the law of the land. • Spread this message through the Federalist Papers Federalist Papers

27. Federalist Papers Federalist Papers • First published on October 27, 1787 • Series of 85 essays (published in a book form) • Written by Alexander Hamilton, John Jay and James Madison • The papers were meant to be influential in the campaign for the adoption of the U.S. Constitution

28. And so a Constitutional Convention was called. We are simply going to need to compromise

29. What Constitutional Convention? Why was it needed?

30. We need to fix this problem… Let’s take the good stuff from the British style government… Hmm…what should we call this new document… And the good stuff from the A of C…

31. Ta da! The United States Constitution

32. Constitutional Convention • May 1787 • Philadelphia, PA • Independence Hall • Goal: improve the Articles of Confederation • Result – an entirely new constitution (the U.S. Constitution) • Ratification: December 7, 1787 (DE); May 1790 (RI)

33. The 13 states that ratified the U.S. Constitution (in order) • Delaware (December 7, 1787) • Pennsylvania • New Jersey • Georgia • Connecticut • Massachusetts • Maryland • South Carolina • New Hampshire • Virginia • New York • North Carolina • Rhode Island (May 29, 1790)

34. Notable Names! Present and accounted for: JamesMadison President of convention: GeorgeWashington M.I.A. JohnAdams Present and accounted for: BenjaminFranklin M.I.A. ThomasJefferson M.I.A. Patrick Henry

37. Washington, George, VA Franklin, Benjamin, PA Madison, James, VA Hamilton, Alexander, NY Morris, Gouverneur, PA Morris, Robert, PA Wilson, James, PA Pinckney, Chas. Cotesworth, SC Pinckney, Chas, SC Rutledge, John, SC Butler, Pierce, SC Sherman, Roger, CT Johnson, William Samuel, CT McHenry, James, MD Read, George, DE Bassett, Richard, DE Spaight, Richard Dobbs, NC Blount, William, NC Williamson, Hugh, NC 20.Jenifer, Daniel of St. Thomas, MD King, Rufus, MA Gorham, Nathaniel, MA Dayton, Jonathan, NJ Carroll, Daniel, MD Few, William, GA Baldwin, Abraham, GA Langdon, John, NH Gilman, Nicholas, NH Livingston, William, NJ Paterson, William, NJ Mifflin, Thomas, PA Clymer, George, PA FitzSimons, Thomas, PA Ingersoll, Jared, PA Bedford, Gunning, Jr., DE Brearley, David, NJ Dickinson, John, DE Blair, John, VA Broom, Jacob, DE Jackson, William, Secretary * George Clymer, Benjamin Franklin, Robert Morris, George Read, and Roger Sherman.Signed both the D of I and the US Constitution

38. Coming to an agreement… • Took months to come to an agreement • Why? • Different opinions • Different states wanted different things • Dictated by lifestyle (education, occupation, religion) and size (population) • What did they argue about?

39. Executive Branchconstitutional debate • Title: King? President? • Length of term: Option of eternity? Limited? • Vice President: Runner up? Running mate?

40. Legislatureconstitutional debate • An official group of people that have the power to make laws • How many groups (houses) should be able to do this? • How should we determine the number of people in each group (representation)? *And so people offered their ideas (of course offering ideas that benefit them best)

41. Virginia Plan(missteps along the way…) • VA – big or little state? • Edmund Randolph • Bi-cameral legislature (two houses) w/ representatives based on state population (bigger the state population – the more representatives) *If every representative gets one vote, who (big states or little states) would appear to have more power in a system like this? *Who is likely to disapprove this plan?

42. New Jersey Plan(missteps along the way…) • NJ – big state of little state • William Patterson • Unicameral legislature – one-house w/ an equal number of representatives from each state * Who is going to have an issue with this plan?

43. If two sides (big states vs. little states) can’t agree on a single plan what do you propose they do next? Great Compromise Look at the cartoon and explain the Great Compromise in your own words…

44. The Great Compromise Did it work? How do you know?

45. Great Compromise • Roger Sherman • Bicameral legislature • Senate (upper house); two senators per state regardless of size (appealing to the smaller states) • House of Representatives (lower house); the number of representatives would be determined by state population (appealing to the LARGER states)

46. By the end, what did it say?

47. Is your state big or little?(in terms of population) • Check the charts around the room • Look at the two congressional plans (VA Plan and NJ Plan); which would your state have liked? WHY?

48. What does the U.S. Constitution say? What did those Founding Fathers put down on paper?

49. Seven Articles of the U.S. Constitution • Creates the Legislative branch and gives Congress the power to make laws • Bicameral Legislature • Senate (2/state) • House of Representatives (based on state population) • Creates the Executive branch • Explains how the President carries out the laws passed by Congress • Creates the Judicial branch • Federal Court System • Supreme Court, Court of Appeals, District Court • Right to hear cases that involve the Constitution, federal laws, treaties, disagreements between states, states and foreign nations

50. Seven Articles of the U.S. Constitution • Relations Among the States • Each state must recognize the official acts of other states • Amending the Constitution • Constitution can be changed if necessary • National Supremacy • National government trumps (outweighs) state power/law