1 / 88

The Constitution

The Constitution. The U.S. Constitution. AP Government & Politics Unit 1. John Locke. English philosopher who wrote Two Treatises on Government in 1690. Government a contrac t between citizens and rulers. Purpose of government: to protect rights of life, liberty, and property.

overton
Télécharger la présentation

The Constitution

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. The Constitution

  2. The U.S. Constitution AP Government & Politics Unit 1

  3. John Locke • English philosopher who wrote Two Treatises on Government in 1690. • Government a contract between citizens and rulers. • Purpose of government: • to protect rights of life, liberty, and property. • to create order in society. • Citizens have right to rebel against government that does not respect rights of citizens. • Rulers should stay in power only as long as they have consent of people they govern. • John Locke’s writings used as model for Framers • Especially Jefferson

  4. Articles of Confederation • Adopted by Congress on November 15, 1777, Articles became operative on March 1, 1781 • 1st constitution of US • Did not work very well

  5. Weaknesses of the Articles • Could not tax • Could not raise national army • National currency was ineffective • No Regulation of trade between states • States charged each other tariffs • No Executive Branch • No Judicial Branch • Unicameral ( 1 house) Congress • 9 of 13 votes to pass law • 13 out of 13 states needed to amend. Representatives frequently absent!

  6. Constitutional Convention • Philadelphia Convention (AKA Constitutional Convention), took place from May 25 to September 17, 1787, to address problems in US

  7. Systems of Government • In order to understand nature of challenge before framers, one must first have a grasp of types of governments from which they could choose in forming their own. • http://www.wimp.com/thegovernment/

  8. Constitutional Convention • Only supposed to revise Articles • Many of Convention's delegates (James Madison and Alexander Hamilton) there to create new government

  9. Constitutional Convention • Delegates elected George Washington to preside over convention. • Result=US Constitution!!!!

  10. http://www.teachingamericanhistory.org/convention/christy/

  11. What decisions were reached in the end?  3 branches – legislative, executive and judicial.  3 branches – legislative, executive and judicial.  Bicameral (two chambers/ houses) each based on population (bigger states get more reps)  Unicameral (one chamber/ house) with equal representation for each state (no matter the size)  Lower house would be chosen by the people of the state; upper house chosen by state legislatures  Representatives in the national legislature would be chosen by their respective state legislatures.  Powerful legislature: legislative branch would choose members of the executive and judicial branches.  Legislative branch would choose members of the executive branch; executive branch would select members of judicial branch

  12. Compromises reached in the final draft of the U.S. Constitution   3 branches – legislative, executive and judicial.  3 branches – legislative, executive and judicial.  Bicameral (two chambers/ houses) each based on population (bigger states get more reps)  Unicameral (one chamber/ house) with equal representation for each state (no matter the size) Connecticut Compromise (Great Compromise) – proposed by Roger Sherman of Connecticut; bicameral legislature: House of Representatives (lower house) based on population, Senate (upper house) with equal representation (2 per state)  Lower house would be chosen by the people of the state; upper house chosen by the lower house House of Representatives chosen by eligible voters in each state (basically, white males) and Senate chosen by state legislatures. (Now, all eligible voters chose House and Senate members. 17th Amendment gave people right to vote for Senate.)  Representatives in the national legislature would be chosen by their respective state legislatures.  Powerful legislature: legislative branch would chose members of the executive and judicial branches. Congressional elections described above; Executive branch led by one chief executive, the President, to be elected by electors from each state (Electoral College); Judicial branch (federal judges) appointed by the President and approved by a majority vote of the Senate  Legislative branch would chose members of the executive branch; executive branch would select members of judicial branch

  13. Virginia Plan • May 29, 1787: legislature was to have 2 houses: 1 with members elected by people for 3-year terms and other composed of older leaders elected by state legislatures for 7-year terms. • Both would use population as basis for dividing seats among states.

  14. New Jersey PlanSmall State Plan/ Patterson Plan • Counterproposal put forth by William Patterson • Offered idea of unicameral legislature where all states would have equal number of votes

  15. The Great Compromise (AKA Connecticut Compromise) • Framers appointed a committee which recommended a compromise • 3 important parts: bicameral Congress with Senate and House of Representatives. • Small states received equal representation they desired in Senate. Large states won control of House which was given important powers related to taxing and spending.

  16. Bicameralism • What other reason explains why ELSE Framers created 2 parts/houses of Congress? • Be able to explain!

  17. US Constitution • Constitution comprises primary law of U.S. Federal Government and landmark legal document of US • Oldest Federal constitution in existence • Framed by convention of delegates from 12 of 13original states in Philadelphia in May 1787. • Describes 3 chief branches and their jurisdictions. • Lays out basic rights of citizens

  18. Organization of theUS Constitution • 7 Articles • Articles divided into Sections • Sections divided into Clauses Example: I. Article • Section 1. Clause

  19. For the Quiz:Know the Seven Articles! • Article V • Amending the Constitution • Article VI • Supreme Law of the Land • Debts, Supremacy, Oaths of Office • Article VII • The Ratification Process • Article I • The Legislative Branch • Article II • The Executive Branch • Article III • The Judicial Branch • Article IV • Relationships among the States

  20. Menu from the Last Night of the Convention Light Troop of Horse, September the 14th 1787   To Edwd Moyston .. Dr. To 55 Gentlemans Dinners & Fruit   Rellishes, Olives etc.......................................  20  12   6   54 Bottles of Madera......................................  20   5     60 of Claret ditto..........................................  21       8 ditto of Old Stock.......................................   3   6   8   22 Bottles of Porter ditto.................................   2  15     8 of Cyder ditto.............................................  16       12 ditto Beer................................................  12       7 Large Bowels of Punch..................................   4   4     Segars Spermacity candles etc.........................   2   5   To Decantors Wine Glass [e]s & Tumblers Broken etc.......   1   2   6 To 16 Servants and Musicians Dinners.................................   2       16 Bottles of Claret........................................   5  12     5 ditto Madera...............................................   1  17   6   7 Bouls of Punch............................................   2  16  £89   4   2

  21. The Federalist Papers • Essays written in 1787 and 1788 by James Madison, John Jay, and Alexander Hamilton under penname Publius • Designed to advocate ratification of new constitution • “An authoritative but unofficial explanation of American government by those who created it.”

  22. Why was the Constitution Framed?The Roche and Beard Theories • Charles Beard argued that the framers who had drafted the American Constitution acted more on economic motives than for abstract ideals (An Economic Interpretation of the Constitution of the United States- 1913) Charles Beard 1874-1948 • John Roche saw the framers as practical politicians who were above all nationalists seeking the necessary compromises to get agreement among themselves and from the people.

  23. Important Constitutional Powers to Know • Enumerated Powers • (or delegated or expressed) • Reserved Powers • Concurrent Powers • Implied Powers • Denied Powers

  24. Federal, State, and Shared Powers

  25. Enumerated Powers(or delegated or expressed) • Enumerated Powers are given to federal government • Congressional powers are found in Article I Section 8 • Enumerate authority granted to Congress. • Congress may exercise only those powers that are stated in Constitution, limited by Bill of Rights and other protections found in Constitution.

  26. Reserved Powers • Powers reserved specifically for states or are of traditionally state scope. • Police powers (providing fire and police protection) establishment of health regulations, licensing, and education(?).

  27. Concurrent Powers • Held to some extent by both federal and state governments. • Both have taxation power, ability to construct and maintain roads, and other spending for general welfare.

  28. Implied Powers • Give branches of government flexibility when it comes to carrying out express powers. • Legislative Branch’s implied powers flow from Necessary and Proper Clause. • Executive Branch’s implied powers flow from powers of Commander-in-Chief, and Executive's emergency powers. • Judicial Branch has assumed implied power of judicial review, as shown in Marbury v. Madison.

  29. Denied Powers • Many things are denied of both or either levels of government. • States have no authority to coin money or wage war. • Neither may pass a bill of attainder or any ex post facto law. • Bill of Rights applies restrictions to federal government, but Bill of Rights originally had no effect of restriction on states. • However, interpretation of the 14th Amendment's due process clause has incorporated much of upholding of civil rights to states. All of Bill of Rights applies restrictions to federal government.

  30. Important Clauses of to Know • Supremacy Clause • Necessary and Proper Clause • Commerce Clause • Contract Clause • Full Faith and Credit Clause • Republican Form of Government Clause

  31. Supremacy Clause • Article VI- "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding….” • Under the Supremacy Clause, everyone must follow federal law in face of conflicting state law.

  32. Necessary and Proper Clause • Article I- Section 8 • “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” • Also known as elastic clause because it can be used to stretch powers of federal government • Grants Congress power to enact laws to carry out “enumerated powers” which are specifically assigned to federal government.

  33. (Interstate) Commerce Clause • Article I, Section 8, Clause 3 • "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." • Direct source of one of most important powers of federal government • Strengthens federal power while setting limitations on state power

  34. Contract Clause • Article I, Section 10, Clause 1 • No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing theObligation of Contracts, or grant any Title of Nobility. • Applies to contracts between private individuals or contracts made by state government. • However, if contract endangers health, safety, or welfare of public, state may regulate or void it.

  35. Full Faith and Credit Clause • Article IV, Section 1. • “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state... • Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. • Requires each state to recognize judgment entered in another state

  36. Republican Form of Government Clause • Article IV, Section 4 • The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence • Insures citizens of each state that their state governments elect their officials and that republican standards are followed

  37. Methods of Formally Amending the Constitution Part 1. Proposing an Amendment • 2 ways spelled out in Constitution for how to propose an amendment. • By way of Congress • By way of states • 2nd way never used.

  38. Methods of Formally Amending the ConstitutionProposal by Congress Method • The first method is for a bill proposing to pass both houses of the legislature, by a two-thirds majority in each. • This is the route taken by all current amendments. • Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

  39. Methods of Amending the ConstitutionProposal by the States Method • The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States • This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about. • Either way, (Congress OR State method) the amendments must be then sent to the states to be approved by three-fourths of the legislatures or conventions.

  40. Part 2Approval/Ratification by the States • Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. • Once the amendment has passed both houses, it goes on to the states where ¾ of states must ratify it

  41. Part 2Approval/Ratification by the States • There are two ways to do this, too. • Through the state legislatures • Or by a state convention. • Amendments are sent to the legislatures of the states by default. • Only one amendment, the 21st, specified a convention. • In any case, passage by the legislature or convention is by simple majority.

  42. To Summarize…. The Constitution, then, spells out four paths for an amendment: • Proposal by convention of states, ratification by state conventions (never used) • Proposal by convention of states, ratification by state legislatures (never used) • Proposal by Congress, ratification by stateconventions (used once- 21st) • Proposal by Congress, ratification by state legislatures (used all other times)

  43. Methods of Informally “Amending” the Constitution There are essentially three ways that change can occur: • Through the courts and judicial review • Established in Marbury v Madison • Through Congress and the elastic clause • When federal powers are stretched in new directions that were not enumerated • Through social and cultural change • Laws, regulations, referendums passed concerning equality for all; modern ideas…

  44. Bill of Rights • Some alarmed at omission of individual liberties in proposed constitution. • Bill of Rights satisfied critics • 1791: became first 10 amendments to Constitution

  45. Practice Constitution Quiz 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Articles I II III IV V VI VII Amendments 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 13.

  46. For the Quiz:Know The Bill of Rights!!(FYI: Quiz has actual wording) • Freedom of religion, speech, press, assembly, and petition. • Right to keep and bear arms in order to maintain a well regulated militia. • No quartering of soldiers. • Freedom from unreasonable searches and seizures. • Right to due process of law, freedom from self-incrimination, double jeopardy, eminent domain • Rights of accused persons, e.g., right to a speedy and public trial. • Right of trial by jury in civil cases. • Freedom from excessive bail, cruel and unusual punishments. • Other rights of the people. • Powers reserved to the states.

  47. *Please Note: On the quiz, the amendments will be worded as they were written- not like this!! KEY! Other Amendments 19.Women Suffrage 20.Set Date for Swearing in Officials 21.Repealed 18th 22.Limited presidential terms 23.DC Residents Voting 24.Voided Poll Tax 25.Presidential Succession 26.Set 18 as Voting Age 27. Addressed Congressional Raises Other Amendments 11 Lawsuit against States’ Rules 12.Election Rules 13.Slavery Abolished 14.Citizenship Rights 15.Voting Rights 16.Income Tax 17.Direct Election of Senators 18.Banned Alcohol

  48. The average soldier fighting in the Civil War was under age 21 • The right to vote was not granted nationwide to 18-20 years olds until the passage of the 26th Amendment to the Constitution in 1970.

  49. “If you don’t vote, you can’t complain.” Do you agree or disagree? Why? • Should the government be allowed to tax people who work but are too young to vote? • Is it fair that people can vote at age 18 but can’t purchase or consume alcohol until age 21?

More Related