The Citizenship Handbook (pg. 251) Part 1: Ideas Behind the Constitution Part 2: Structure of the Constitution Part 3: Principles of the Constitution Part 4: Legislative Branch Part 5: Executive Branch Part 6: Judicial Branch Part 7: Amending the Constitution Part 8: The First Amendment Part 9: State and Local Governments Part 10: Rights and Responsibilities of Citizenship
4 MAIN Influences on the U.S. Constitution: -Religious and Classical roots -English Roots -English Enlightenment -French Enlightenment Colonial Views on Government: Ideas Behind the Constitution: (pg. 252)
What’s your philosophy?(or “way of thinking "about things) How do you formulate these ideas? … ideas from parents? (or people whose ideas /views you respect?) …life experiences? …favorite artists?
Our founding fathers were no different-we’re all driven by our philosophies. • World Events • History • Books • Religion • Governments
Roman Republic & representative government Ancient Judaism: deep respect for the law Direct Democracy (Ex: Ancient Greece) Influence #1: religious and classical roots Thomas Aquinas-natural law = Key words: natural law, direct democracy, representative government, civic virtue
Influence #2: ENGLISH ROOTS Petition of Rights Magna Carta English Bill of Rights -Limited Government (King’s power is not absolute—colonists respected this) • Defined rights & duties of nobles, set limits on monarch’s power • - Established the rule of law: NO ONE is above the law • Individual Rights: reaffirms the individual rights they received from prior documents (not even these guys) Keywords (or principles): Magna Carta, Petition of Rights, Limited Government, English Bill of Rights, Individual Rights
Thomas Hobbes -Government is a result of a social contract between people and their rulers John Locke -Wrote that all people are equal -Deserve certain natural rights -Ideas that were influential and used to justify the revolution Influence #3: English Enlightenment - Key words/people: Social contract theory, Thomas Hobbes, natural rights, John Locke
Influence #4:FRENCH ENLIGHTENMENT Montesquieu Came up with the idea for separation of power & 3 braches “The heart of the idea of the social contract may be stated simply: Each of us places his person and authority under the supreme direction of the general will, and the group receives each individual as an indivisible part of the whole.” -Jean-Jacques Rousseau, The Social Contract, 1762 Judicial legislative Executive Rousseau & Social Contract Keywords/names: Montesequieu, Rousseau, separation of powers, popular sovereignty
Structure of the Constitution… (pg. 254)In other words, how it the Constitution organized? • Preamble: • Form a more perfect union • Establish justice • Ensure domestic tranquility • Provide for the common defense • Promote the general welfare • Secure the blessings of liberty • Articles • 7 Articles created the foundation for our government • Amendments • 27 changes have been made to the original document (The B.o.R. is the 1st ten.)
Principles of the Constitution (pg. 256) The Constitution rests on 7 basic principles: • Popular sovereignty - people are the source of govt. power • Limited Government - govt. only has power given to it by Constitution • Separation of Powers - each branch has specific duties • Checks & Balances - safeguard against abuse of power • Federalism - division of power between national & state govt. • Republicanism - elected representatives make decisions • Individual Rights - the Constitution protects citizens’ rights The goal of these principles were to create a government that was effective, yet still responsive to the people.
Warm up Question: What was the goal of the Constitutional Convention that was held in Philadelphia in 1787?
Answer: “for the sole and express purpose of revising the Articles of Confederation.” When the delegates originally met in Philly they intended to revise the Articles, NOT create a whole new document. Quickly they realized a new document would be necessary.
CONSTITUTION PIECES Only 7 pieces or articles to the Constitution
ARTICLE I • LEGISLATIVE BRANCH • Make or write the laws https://www.youtube.com/watch?v=tyeJ55o3El0
ARTICLE II •EXECUTIVE BRANCH Enforce the laws, military, FBI, US Marshalls, ……………..
ARTICLE III • JUDICIAL BRANCH • Review the laws
ARTICLE IV • Relations among states • - Equal from State to State • - Extradition accused returned to state where crime was committed
ARTICLE V • Provisions for Amendment • It takes 2/3 Congress to approver or 2/3 of the States to pass a Constitutional Amendment • https://www.youtube.com/watch?v=c_wbxHmSQKc
ARTICLE VI • National Debts, Supremacy of National Law, Oath • -Pay all debts owed • -Constitution over State • -Govt. officials take an oath of office JAMES MADISON
ARTICLE VII • Ratification • 9 of 13 • 39 of 55 sign in June 1788
WHAT WAS THE BIGGEST CRITCISM ABOUT THE CONSTITUTION? • THE ISSUE OF • PEOPLE’S RIGHTS…nothing protected the citizens of the U.S.A. • The Bill of Rights was added in 1791 (Written by James Madison)
Warm Up How many articles make up the Constitution?
Answer There are 7 articles that make up the Constitution
Choosing Sides !!!!! As the Constitution made it’s way around the states two groups formed opinions about the Constitution… (The NEW plan for government) These groups were not considered political parties, only people with similar ideas on the new plan of government! Federal Hall, New York City U.S. Capitol while George Washington was President!
Choosing Sides !!!!! FEDERALISTSANTIFEDERALISTS Beliefs: Supported the Constitution Anti - Constitution Wanted Strong State Govt. Wanted Individual Rights Wanted Strong National Govt.
Choosing Sides !!!!! FEDERALISTS Supporters: Ben Franklin James Madison (Father of the Constitution)
Choosing Sides !!!!! FEDERALISTS George Washington Supporters: Alexander Hamilton John Jay
Choosing Sides !!!!! Anti-FEDERALISTS George Mason Supporters: Thomas Paine Patrick Henry
Bill of Rights (1791) Bill of Rights = The first Ten Amendments of the Constitution
Bill of Rights Purpose: Protect our individual freedoms or privileges
Amendment #1 Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. #1 FREEDOMS -religion, speech, press, assembly & petition https://www.youtube.com/watch?v=2mmbwhpBsBw -Result of freedoms the British had tried to take away
Amendment #2 Amendment II: A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed #2 Right to Bear Arms -individual -Result of the states making sure they could keep their militias
Amendment #3 Amendment III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. #3 NO Quartering Troops -home privacy - Result of the Quartering Acts
Amendment #4 Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. #4 Search and Seizure -Warrant -Probable Cause -Result of the Writs of Assistance
Amendment #5 Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. #5 Rights of the Accused -cannot be forced to incriminate yourself Benedict Arnold -cannot be tried more than once for the same crime (double jeopardy)
Amendment #6 Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence #6 Right to a SPEEDY / FAIR trial -must be opened to the public -jury must hear both sides -accused must be provided with counsel Result of the one judge, no jury
Amendment #7 Amendment VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. #7 Civil Suits of Common Law https://www.youtube.com/watch?v=TJHTDgMRE8o -common law = established by previous decisions
Amendment #8 Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. #8 Bail and Punishment -fair and fitting of the crime
Amendment #9 Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people #9 Powers reserved to the People -not limited to those mentioned in the Constitution
Amendment #10 Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. #10 Powers reserved to the States - The States or the people retain all powers except those specifically granted to the federal government
Warm up Question: What is the Bill of Rights and why was it created?
Answer: • First 10 Amendments to the Constitution • Created to protect individual liberties and freedoms
Warm up Question: What are the two main political parties in the United States? Briefly explain each.
Answer: Democrats- support social reform and international cooperation in foreign affairs -liberal (Generally speaking: in favor of abortion, gay marriage) Republicans- support business and financial interests and a limited govt. role in social and economic life -conservative (Generally speaking: in favor of the 2nd amendment, capital punishment)
Legislative BranchPurpose: “Make the laws” • Created by Article 1 of the Constitution • Who’s Involved: Congress • Upper House (Senate) • Lower House (House of Representatives)