chapter 3 the constitution. the colonial background separatists were dissatisfied with the church of...
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Chapter 3Chapter 3The Constitution
The Colonial The Colonial BackgroundBackground
• Separatists were dissatisfied with the Church of England and sought a place where they could practice their religious beliefs. (1621)
• The compact they formed set forth the idea of consent of the governed.
• In 1763, the British Parliament began to pass laws that treated the colonies as a unit. The major reason for these laws was to raise revenue to help pay off the war debt incurred during the French and Indian Wars (1756–1763).
11stst Continental Continental CongressCongress
• Meeting of the Colonists to determine what demands to make of Britain– Own councils for imposition of taxes– End to British Military occupation– Trial by local jury
• Demands were rejected, leading to the “shot heard round the world”
Declaration of Declaration of IndependenceIndependence
• Declaration of Independence– The document announcing the
intention of the colonies to separate from Great Britain based on shared grievances about the treatment of the colonists by the British Government.
Declaration of Declaration of IndependenceIndependence
• Written by Thomas Jefferson, influenced by John Locke
• Natural Rights- Rights inherent in the essence of
people as human beings. Government does not provide these rights but can restrict the exercise of them.
Birth of a nationBirth of a nation
• Nation– A shared sense of understanding and
belonging among a people, that they are different and separate from other peoples…and that they have a right to self government over a defined territory.
Articles of Articles of ConfederationConfederation
• Articles of Confederation– The first constitution of the United
States, which based most power in the states.
Articles of Articles of ConfederationConfederation
• “Loose association of independent states”– Each state retained its “sovereignty,
freedom and independence”– National Congress created, but the
states had most control– People considered themselves citizens
of their respective state, and not “Americans”
Articles of Articles of ConfederationConfederation
• Congress lacked the power to:– Control foreign relations or compel states to
respect treaties– Compel states to meet military quotas– Regulate commerce between states– Tax the people– Compel states to pay their share of
government costs– Maintain a sound money system or issue
paper money
Crafting a ConstitutionCrafting a Constitution
• Virginia Plan– Called for a two house legislature with
representation based on state populations
• New Jersey Plan– Called for equal representation in a
legislature with just one house
Crafting a ConstitutionCrafting a Constitution
• Great Compromise– A way to compromise on legislative
representation– Creates a Bicameral (two house)
legislature• House of Representatives whereby
representatives are elected based on state population of free citizens and 3/5 of all slaves (Three Fifths Compromise)
• Senate, whereby each state gets two representatives.
Crafting a ConstitutionCrafting a Constitution
• The Madisonian Model– Separation of Powers
• Principle that the executive, legislative, and judicial functions of government should be primarily performed by different institutions
– Checks and Balances• Principle that each branch of government
has the means to thwart or influence actions by the other branches
Checks and BalancesChecks and Balances
Crafting a ConstitutionCrafting a Constitution
• Federalism– Form of government that distributes
power across a national government and sub national governments
• Supremacy Clause– Clause of the Constitution that
declares national laws and treaties as supreme over state laws.
Crafting a ConstitutionCrafting a Constitution
• Full faith and credit clause– Clause in the Constitution stating that
states are to honor the official acts of other states.
• Privileges and immunities clause– Clause in the Constitution stating that
states are to treat equally their own citizens and the citizens of other states.
Two sides to the Two sides to the argumentargument
• Federalists– Individuals who supported the
proposed Constitution and a strong national government.
• Anti Federalists– Individuals opposed to the proposed
Constitution, fearing it concentrated too much power in the national government.
RatificationRatification
• 9 of 13 states were required for ratification
• Delaware was the first to ratify. New Hampshire was the 9th
• Virginia and New York were 10th and 11th, but were the most powerful
• Rhode Island was the final state.
Bill of RightsBill of Rights
• A “Bill of Limits” on government power• First ten Amendments to the
Constitution• No explicit limits on state government
powers• Came after the actual Constitution was
written• Many states would not ratify without the
promise of this Bill of Rights.
Amending the Amending the ConstitutionConstitution
The ConstitutionThe Constitution
• Preamble– “We the People”
• Article I– Legislative Branch
• Article II– Executive Branch
The ConstitutionThe Constitution
• Article III– Judicial Branch
• Article IV– Relations among States
• Article V– Amendments to the Constitution
The ConstitutionThe Constitution
• Article VI– Supremacy Clause
• Article VII– Ratification
The ConstitutionThe Constitution
• Amendment I– Speech, Petition, Press, Assembly,
Religion
• Amendment II– Militia and Right to Bear Arms
• Amendment III– Quartering of Soldiers
The ConstitutionThe Constitution
• Amendment IV– Searches and Seizures
• Amendment V– Due Process of Law
• Amendment VI– Criminal Court Procedures
The ConstitutionThe Constitution
• Amendment VII– Trial by Jury in Civil Cases
• Amendment VIII– Bail and “Cruel and Unusual”
Punishment
• Amendment IX– Rights Retained by the People
The ConstitutionThe Constitution
• Amendment X– Reserved Powers of the States
• Amendment XI– Suits Against States
• Amendment XII– Election of the President
The ConstitutionThe Constitution
• Amendment XIII– Prohibition of Slavery
• Amendment XIV– Citizenship, Equal Protection, Due
Process
• Amendment XV– The Right to Vote
The ConstitutionThe Constitution
• Amendment XVI– Income Tax
• Amendment XVII– Popular Election of Senators
• Amendment XVIII– Prohibition of Alcohol
The ConstitutionThe Constitution
• Amendment XIX– Women’s Right to vote
• Amendment XX– Time of taking office (lame duck
amendment)
• Amendment XXI– Repeal of Prohibition
The ConstitutionThe Constitution
• Amendment XXII– Limits on Presidential Terms
• Amendment XXIII– Electors for District of Columbia
• Amendment XXIV– Anti-poll tax amendment
The ConstitutionThe Constitution
• Amendment XXV– Vacancies of the President or Vice
President
• Amendment XXVI– Voting Rights for 18 year old
• Amendment XXVII– Congressional Pay