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Separation of Powers

The Three Fifths Compromise , or Federal ratio , was a document that assured the House of Representatives would maintain 47% southern representatives.

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Separation of Powers

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  1. The Three Fifths Compromise, or Federal ratio,was a document that assured the House of Representatives would maintain 47% southern representatives. The name was derived from the political idea that slaves were not full citizens and could not cast votes equal to white people. However, in order for the House of Representatives to keep track of each state’s individual populations, the enumerated population of slaves would be accounted for three-fifths of a person. This compromise was intended to serve as a guideline for taxation purposes and appointment of representatives in the House. The Three Fifths Compromise also raised the southern state’s power in the House enough to prevent attacks on slavery but not enough that the north would be influenced into condoning slavery as well. * Created at the Philadelphia Convention of 1787 * Proposed by delegates James Wilson and Roger Sherman

  2. Separation of Powers Separation of Powers refers to the separation of the government and what responsibilities they have. There are three branches of government: -Legislative, makes laws and handle the money the government needs to run. -Executive, responsible for making sure the laws the legislative branch put through are implemented. -Judicial, responsible for interpreting the Constitution and laws brought before them. Each of these branches have different responsibilities and powers. The term “separation of powers” is often confused with “checks and balances” which makes sure that each branch of the government doesn’t overstep their powers.”Separation of powers” refers to the “what”; “checks and balances” refers to the “how”.

  3. Checks andBalances Book definition: A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of others BASICALLY... The “checks and balance” system was created to make sure that one branch of government wasn’t too powerful or do something unruly. Example: Veto The Executive branch can create a law, but if the president doesn’t agree with it, he or she can veto it. **This is different from separations of powers. Checks and balances make sure that the three branches do their jobs while separation of power lay out what each branch is responsible for.**

  4. In this system, the government is divided into two parts: Federal System A strong national government The government of the individual states the system of government chosen by the Framers The national government is always supreme. This comes from the belief that government power comes from the citizens.

  5. Enumerated Powers Definition: 17 distinct powers that were given to Congress under Section 8 of the 1st Article of the Constitution. • These powers were previously denied under the Articles of Confederation, for fear that Congress would be granted too much authority. • The enumerated powers include: • - the power to regulate commerce with between states, and within foreign nations • -the authority to coin money • -the ability to raise and support armies • -the ability to create post offices and post roads • -the ability to promote the Progress of Science and useful Arts • -also includes the Necessary and Proper Clause

  6. Necessary and Proper Clause 2. A clause that allows the government to make laws on any subject not discussed in the Constitution 1. Often referred to as the elastic clause because it has the power to change. This clause was added to article 1 to make all laws that shall be deemed necessary. 3. Has been used to create laws that regulate the environment, welfare programs, education, and communication

  7. Implied Powers ŸImplied Powers from enumerated powers and the necessary and proper clause. Ÿ ŸConsidered reasonably implied through the exercise of delegated powers. Ÿ Ÿ The proper clause is the basis for the Implied Powers that congress uses to execute its other powers.

  8. Definition- Part of the Constitution that requires states to respect the • laws and court decisions of other states. • Purpose- To make government run smoothly and to prevent future • issues between states. • Makes states respect one another and honor their decisions • without question. • Article IV is also responsible for explaining how new states • are created and admitted. Full Faith and Credit Clause Cindy Snyder, Period 3

  9. Supremacy Clause • Portion of Article VI of the Constitution that asserts national laws and treaties take precedence over state laws and constitutions. • “Supreme law of the land” • All national and state officers and judges are bound by national law, and must take an oath to support the federal Constitution. • Without the supremacy clause, the national government would have no enforceable power. • It also specifies the separation between church and state and how a religious test shall not be required for holding office, which was established to prevent future problems if church and state became too close.

  10. FEDERALISTS • believed that by creating a stronger national government, the Constitution would enable the U.S. to survive among the competing powers of Europe and provide a surer safeguard for liberty at home • Notable Federalists include: • Federalists were in favor of a significant federal involvement in state as well as national affairs Alexander Hamilton John Adams • Above all, were in favor of a strong federal government presence in the nation.

  11. * Those who favored strong state governments and a weak national government * Opposed ratification of US government Why Oppose Ratification? Anti-Federalists * Feared that chief executive would abuse power Who were they? * George Mason * Patrick Henry * Elbridge Gerry

  12. -The Federalist Papers were a total of 85 essays that explained what the Framers’ intentions were for the Constitution. The writers wanted to secure its ratification by writing about the Articles of Confederations faults and this new constitution’s strengths. Federalist Papers -Writing under the alias “Publius,” Latin for “the people,” Alexander Hamilton wrote 51, James Madison wrote 26, together they wrote three, and John Jay wrote five of the articles. -The three wrote to newspapers all over New York between October 1787 to May 1788. -Anti-Federalists struck back with their own essays under the names Cato and Brutus, ancient Romans intolerant of tyranny.

  13. Bill of Rights The first ten amendments to the United States Constitution, which largely guarantee specific rights and liberties. Ratified by 1791 • Sought by Anti-Federalists as a protection for individual liberties • -offered specific limitations on the national government’s ability to interfere • with personal liberties • Protection of personal rights: • -First Amendment- freedom of expression, speech, press, religion, and • assembly • Amendment created in reaction to British rule: • -Second Amendment- the right to bear arms • -Third Amendment- the right not to have soldiers quartered in private homes • Other rights guaranteed: • -Ninth Amendment- these enumerated rights are not inclusive, meaning they • are not the only rights to be enjoyed by the people • -Tenth Amendment- powers not given to the national government are • reserved by the states or the people • Contained safeguards for those accused of crimes: • -Amendments Four through Eight

  14. Amendment • An amendment must be ratified before it can be used. • There are two steps in the ratification process that include: • A favorable three fourth vote of the state legislatures • A favorable vote at a ratifying convention in three fourth of the states • An example of an amendment is the 21st (repealed the 18th amendment) amendment which repealed the 18th amendment (outlawing the sale of alcohol) in the Constitution. An amendment is a minor changeof a document.

  15. Ratification PROCESS: -The smaller states like Delaware and New Jersey ratified the constitution before the larger states could change their minds on the equal representation in the Senate. (then PA and MA) - New Hampshire was the critical 9th state to ratify on June 21, 1788. Two largest states (NY and VA) had not ratified the constitution yet and the race was on to convince the majority in each state to ratify. -Some states like NC and RI were very firm about their stance. They refused to ratify the constitution because it neglected to include ANti-Federalist views. -Bill of Rights was submitted for the states ratification. When there were threats of the largest cities threatening to succeed, the legislature called a convention which ratified the Constitution by two votes. How it Applies Us In the Present Day -think about how differently it could have worked out had the states not ratified the Constitution in the order they did and for the reasons they did -Federalists at the time would have said that if the Constitution was not ratified, there would be chaos and no structure to the lives and governing of the people

  16. How the States Were Divided

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