L O SWBAT analyze and interpret the US
• L. O. : SWBAT analyze and interpret the US Constitution. • I. A. : (Written Response) Write down anything you remember about your previous study of the Constitution.
Amending the Articles of Confederation • Constitutional Convention, 1787 – Delegates gathered to revise the AOC • Representation Debate: How would states decide on the number of representatives sent to Congress? – The Great Compromise: Bicameral Legislature • Senate: Equal representation among the states • House of Representatives: representation proportional to state population – Three-Fifths Compromise: Slavery • Five slaves count as three free persons • Slave trade will be abolished in 1808
Ratification of the Constitution • Federalists: Support Constitution – The original Constitution will suffice in protecting natural rights – Federalist Papers: • Written to convince people to support ratification • Clarifies original intent of Constitution writers • Anti-Federalists: Oppose Constitution – The original Constitution does not sufficiently protect natural rights – A Bill of Rights needs to be added to the Constitution before ratification – Direct response to the lack of protection under British rule
Preamble • The Preamble: Explains the purpose of the Constitution – That power comes from the people – To create a better, stronger national gov’t – To ensure a system of justice – To provide for peace at home – To provide of the defense of the nation – To promote the well-being of the people – To secure liberty to the people and to future generations
Principles of the Constitution • Popular Sovereignty – Power to rule comes from the people • Separation of Powers – Three branches of gov’t: legislative, executive, judicial • Checks and Balances – Each branch of gov’t makes sure the other 2 do not gain too much power • Flexibility – Constitution can change over time to best meet the needs of the people • Federalism – Shared power between state and national gov’ts
Format of the Constitution • Part I: Preamble • Part II: Articles (I-VII) • Part III: Bill of Rights – Amendments I-X • Part IV: Amendments XI-XXVII
Executive Branch • Chief Executive – Enforce laws, appoints judges/diplomats • Chief Diplomat – Make treaties and agreements with other countries with the consent of Senate • Commander in Chief – Broad military powers shared with congress • Elected by the electoral college for a 4 year term – Two-term limit enforced by 22 nd amendment (1951)
Legislative Branch • Lawmaking branch of gov’t – Elastic clause: Congress shall make all laws necessary and proper (flexibility!) • House of Representatives – Selects president in the case of no majority – Brings impeachment charges – Deals with all money • Senate – Jury in impeachment – Ratify treaties – Approve presidential appointments
Judicial Branch • Supreme Court and lower federal courts • Interpret the laws • Each of the 50 states has their own court system • Marbury v. Madison – Establishes judicial review: supreme court can rule on the constitutionality of laws
Amendment Process • Proposed by Congress by a 2/3 majority vote in both houses ratified by at least 38 states • Proposed by Congress ratified by 38 state conventions • Proposed by national convention called by Congress ratified by states (38) • Proposed by national convention ratified by 38 state convention
Bill of Rights: Individual Liberties • Amendment 1 – Freedom of speech, religion, petition, peaceful assembly – Freedom of press in response to the outcome of the Peter Zenger trial under the British • Amendment 2 – Right to possess firearms • Amendment 3 – Gov’t cannot require citizens to house soldiers – Response to British Quartering Act
Bill of Rights: Rights of the Accused • Amendment 4 – Protects against unreasonable search and seizure – Response to British writs of assistance • Amendment 5 – Protection against self-incrimination • Amendment 6 – Speedy public trial; legal council • Amendment 7 – Trial by jury • Amendment 8 – Prohibits excessive bail and cruel/unusual punishment
Bill of Rights: Supremacy of Law • Amendment 9 – Rights not specifically mentioned by the Constitution rest with the people • Amendment 10 – Powers not delegated to the national gov’t rest with the states and the people
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