Monarchy Monarchy Head of state is a king or queen Head of state is a king or queen

Abdullah Bin Abdulaziz Bin Abdulrahman Abdullah Bin Abdulaziz Bin Abdulrahman Bin Faisal Bin Turki Bin Abdullah Bin Bin Faisal Bin Turki Bin Abdullah Bin Muhammad Bin Saud Muhammad Bin Saud and the Saudi and the Saudi Arabian Parliament Arabian Parliament

Constitutional Monarchy Constitutional Monarchy Monarch is a ceremonial figurehead Monarch is a ceremonial figurehead (head (head of stateof state); the government is led by ); the government is led by another entity usually a prime minister another entity usually a prime minister ((David CameronDavid Cameron) who leads Parliament) who leads Parliament

Dictatorship Dictatorship Single person or small group of people Single person or small group of people has governmental powerhas governmental power

Either not elected Either not elected (Charles Taylor of (Charles Taylor of Liberia) Liberia) or “elected” or “elected” through unfair through unfair elections manipulatedelections manipulatedby those in controlby those in control(Saddam Hussein and(Saddam Hussein andthe Baath Party in the Baath Party in Iraq)Iraq)

Oligarchy: rule by a small group such as Oligarchy: rule by a small group such as the Politburo of the former Soviet Unionthe Politburo of the former Soviet Unionor the Politburo of present day China or the Politburo of present day China

Dictatorships (continued)Dictatorships (continued)

Autocracy: rule of a single personAutocracy: rule of a single person such as such as Adolph Hitler, Adolph Hitler, Benito Benito Mussolini orMussolini or Kim Jong Il Kim Jong Il

Dictatorships (continued)Dictatorships (continued)Authoritarian: leaders only answer to Authoritarian: leaders only answer to themselves, not to the people themselves, not to the people

Totalitarian: complete controlTotalitarian: complete controlover all aspects of citizen’s over all aspects of citizen’s lives—lives—political, religious, political, religious, social, cultural. . . social, cultural. . . Josef StalinJosef StalinKim, Hitler, Saddam HusseinKim, Hitler, Saddam Hussein

Dictatorships (continued)Dictatorships (continued)Totalitarian governments control Totalitarian governments control society through:society through:

Secret police/vast security networks Secret police/vast security networks

Large propaganda Large propaganda networks networks

Nazi Minister Nazi Minister of Propagandaof PropagandaJoseph GoebelsJoseph Goebels

Define the term “democracy.”Define the term “democracy.”

Democracy come Democracy come from the Greek words from the Greek words “demos,” which “demos,” which means the people, means the people, and kratos, which and kratos, which means authority or means authority or power.power.

Democracy means “government by the people.”Democracy means “government by the people.”

Are there different types of democracy? Are there different types of democracy?

Direct democracy—citizens come together Direct democracy—citizens come together to discuss and pass laws and select leaders.to discuss and pass laws and select leaders. Initially in English a pejorative term meaning Initially in English a pejorative term meaning mob rule.mob rule. Ancient Athens and modern Ancient Athens and modern New England town meetingsNew England town meetings

Are there different types of democracy? Are there different types of democracy?

Representative democracy—(republic) Representative democracy—(republic) those those who havewho have governmental authority governmental authority get and retainget and retainauthority directly or indirectly as a result ofauthority directly or indirectly as a result of winning free elections winning free elections in which all adult in which all adult citizens are allowed to participatecitizens are allowed to participate..

Hey Simoncini, it’s Hey Simoncini, it’s Justina disguised as Justina disguised as a super-smart guy. a super-smart guy.

So what’s all this So what’s all this stuff about the stuff about the benchmarks of benchmarks of

democracy?democracy? I think I think our groups should our groups should

discuss them.discuss them.

Popular sovereigntyPopular sovereignty• Government policies reflect popular wishesGovernment policies reflect popular wishes• Leaders selected through popular electionsLeaders selected through popular elections• Elections are free and fairElections are free and fair• Popular participationPopular participation• Available high-quality informationAvailable high-quality information• Majority ruleMajority rulePolitical equalityPolitical equalityPolitical libertyPolitical liberty

Discuss each and provide examples of howDiscuss each and provide examples of howthe U. S. does/doesn’t reflect itthe U. S. does/doesn’t reflect it

OK, that was cool. OK, that was cool. But, aren’t there But, aren’t there

objections to liberal objections to liberal democracydemocracy? I think ? I think we should discuss we should discuss

those as well.those as well.

Majority tyranny threatens libertyMajority tyranny threatens liberty

Irrational and incompetent peopleIrrational and incompetent people

Majoritarian democracy threatens minoritiesMajoritarian democracy threatens minorities

Discuss each and provide examples of howDiscuss each and provide examples of howThe U. S. does/doesn’t reflect itThe U. S. does/doesn’t reflect it

What is the challenge of a constitutional What is the challenge of a constitutional democracy?democracy?

Citizens must be constantly engaged in Citizens must be constantly engaged in judgingjudgingwhether power is being used wisely, whether power is being used wisely, or or whetherwhetherpower is being used to corrupt and to power is being used to corrupt and to cause an cause an undesirable loss of rights, freedoms and undesirable loss of rights, freedoms and libertyliberty..

•Government by the people requires a Government by the people requires a segment of the population to be attentive…segment of the population to be attentive…•It requires faith concerning our common human It requires faith concerning our common human enterpriseenterprise•It requires people to be constantly concerned It requires people to be constantly concerned about whether we are being tolerant and about whether we are being tolerant and protective of the rights and opinions of othersprotective of the rights and opinions of others

This is pretty cool, This is pretty cool, Simoncini. But, I Simoncini. But, I

really am interested really am interested in finding out what in finding out what people think about people think about how democratic we how democratic we

are as a nationare as a nation. . May we please talk May we please talk about that topic?about that topic?

•Questions about popular sovereigntyQuestions about popular sovereignty•Questions about political equalityQuestions about political equality•Questions about political libertyQuestions about political liberty

Groups: evaluate each issue with regard to the Groups: evaluate each issue with regard to the United States and the U. S. government.United States and the U. S. government.

SimonciniSimoncini,,what’s what’s next?next?

Oh nooooo, Oh nooooo, Haley. We Haley. We have a have a history history lesson.lesson.

What are the historical roots of the U. S. What are the historical roots of the U. S. Government? Government?

DivineDivine Right of Kings Right of Kings

Belief that monarchs chosen byBelief that monarchs chosen by God; thus only responsible to GodGod; thus only responsible to God

Belief held in continental EuropeBelief held in continental Europe

Kings had absolute power—greaterKings had absolute power—greater power over nobility.power over nobility.

Henry II (1154-1189)Henry II (1154-1189)Trial by juryTrial by jury—no —no more more courts of feudal courts of feudal lords (i.e. trial by lords (i.e. trial by combat)combat)12 men answered questions about case12 men answered questions about case

Did not decide innocence or guiltDid not decide innocence or guilt

Judges’ decisionsJudges’ decisions used as precedence used as precedence

Common lawCommon law—reflected customs and —reflected customs and principles established over timeprinciples established over time

King JohnKing John

Unpopular brother of Unpopular brother of Richard Lion HeartedRichard Lion Hearted

Tried to raise taxes to pay for war Tried to raise taxes to pay for war withwithFrance (unsuccessful) France (unsuccessful) Noblemen rebelledNoblemen rebelled

Source of theSource of thetraditional British respect for traditional British respect for individual rights and liberties individual rights and liberties

Magna Carta (1215)Magna Carta (1215)

MagnaMagna CartaCartaContract between king and noblesContract between king and noblesLimited power of monarch—had to ruleLimited power of monarch—had to rule according to lawsaccording to lawsTaxes could only be levied based onTaxes could only be levied based on “ “common consent of our kingdom”common consent of our kingdom” over time: through Parliament.over time: through Parliament.Right to Right to due processdue process (have law work in (have law work in known & orderly ways). Protection ofknown & orderly ways). Protection of the law & jury trialsthe law & jury trials

Edward IEdward I

Needed funds for war Needed funds for war with France (1295)with France (1295)

Wanted wide support: called meeting ofWanted wide support: called meeting of all nobles, knights and burgessesall nobles, knights and burgesses

““What affects all, by all should beWhat affects all, by all should be approved.”approved.”

Convened the Convened the Model ParliamentModel Parliament—voted—voted on taxes, made reforms and laws.on taxes, made reforms and laws.

Parliament by mid-1300sParliament by mid-1300s

House of LordsHouse of Lords House of CommonsHouse of Commons

Nobles & bishopsNobles & bishops Knights & burgessesKnights & burgesses

Further limited power of the monarch andFurther limited power of the monarch and established principle of representation.established principle of representation.

Controlled purse Controlled purse stringsstrings

Bicameral legislature Bicameral legislature

Charles I (Stuart)Charles I (Stuart)

Succeeded James I in 1625Succeeded James I in 1625Asked Parliament for money Asked Parliament for money (via taxes)(via taxes)

•Taxing without Parliament’s consentTaxing without Parliament’s consent•Imprisoning citizens illegallyImprisoning citizens illegally•Housing troops in private homesHousing troops in private homes•Military government in peacetimeMilitary government in peacetime

In exchange, Parliament forced In exchange, Parliament forced Charles to accept the Charles to accept the Petition of Petition of RightRight, which , which demanded an end todemanded an end to::

William & MaryWilliam & Mary

Mary Stuart and William of Orange becameMary Stuart and William of Orange became co-rulers of England 1689co-rulers of England 1689Glorious Revolution—turning point inGlorious Revolution—turning point in English constitutional history.English constitutional history.With monarch’s power limited by theWith monarch’s power limited by the Parliament, a constitutional monarchyParliament, a constitutional monarchy

English Bill of Rights--1689English Bill of Rights--1689Formal summary of the rights and Formal summary of the rights and liberties considered essential.liberties considered essential.Limited Limited monarch’smonarch’s power powerFree speech Free speech in Parliamentin ParliamentParliament had to approve anyParliament had to approve any suspension of laws, taxes or suspension of laws, taxes or forming of a peacetime army.forming of a peacetime army.No excessive bail or cruel/unusualNo excessive bail or cruel/unusual punishmentpunishmentFrequent meetings of ParliamentFrequent meetings of Parliament

How would you summarize the history How would you summarize the history of of English government that we have English government that we have covered covered thus far?thus far?Movement toward a republican form of gov’t Movement toward a republican form of gov’t

Establishment of more individual rights Establishment of more individual rights Movement toward more limited Movement toward more limited government government

Some attempt at separation of powers Some attempt at separation of powers within within the government & checks and balancesthe government & checks and balances

Movement toward more popular sovereignty Movement toward more popular sovereignty

These are all These are all fundamental precepts of the U. S. fundamental precepts of the U. S. ConstitutionConstitution. But there is one more very important. But there is one more very importantone. Does anyone know what it is?one. Does anyone know what it is?Federalism Federalism

Hey, Simoncini. This is Hey, Simoncini. This is all nice stuff. But this all nice stuff. But this

course is supposed to be course is supposed to be about United States about United States

government. How does government. How does it all apply to how OUR it all apply to how OUR

government came government came about?about?Good point, Mr. President. Good point, Mr. President.

All of that information is All of that information is important background, as important background, as our government is derived our government is derived

largely from the English largely from the English tradition. But, you are tradition. But, you are

right. Let’s now look at the right. Let’s now look at the roots of American roots of American

government.government.

OK, go back into OK, go back into your groups and your groups and

brainstorm how the brainstorm how the United States came United States came to be, from a series to be, from a series

of colonies to a of colonies to a united nation.united nation.

Different colonies:Different colonies: different reasons for different reasons for colonizing.colonizing.

Virginia: Virginia: economic economic

Plymouth/Mass. Bay:Plymouth/Mass. Bay:religious freedomreligious freedom

Georgia: Georgia: a refuge for debtors;a refuge for debtors;military buffermilitary buffer

PA & NY: debt from PA & NY: debt from Charles II to backers Charles II to backers

Colonial governments—at first little interference Colonial governments—at first little interference from England from England

Chesapeake: at first, almost military Chesapeake: at first, almost military

After riches After riches

John Smith: took charge to John Smith: took charge to save the colonysave the colony..

Owned by a Joint Stock Owned by a Joint Stock Company (corporation): Company (corporation): a proprietary colonya proprietary colony

Later, the JCS appointed a governor Later, the JCS appointed a governor

July 30, 1619—first meeting of House of BurgessesJuly 30, 1619—first meeting of House of Burgesses

Make local laws that could be vetoed by either Make local laws that could be vetoed by either the governor or the Board of Directors in the governor or the Board of Directors in England England

First legislative assembly in America First legislative assembly in America

Plymouth Plantation/Massachusetts Bay Plymouth Plantation/Massachusetts Bay

Religious freedomReligious freedom

Theocracy: oligarchy (rule Theocracy: oligarchy (rule of a few) run by church of a few) run by church leadersleaders

Roger Williams rebelled, Roger Williams rebelled, promoted separation of promoted separation of church and state; banished;church and state; banished;escaped and founded escaped and founded Rhode Island Rhode Island

Pennsylvania Pennsylvania

Granted by Charles II to Granted by Charles II to William Penn, Sr. in repayment William Penn, Sr. in repayment for assistance during Civil War for assistance during Civil War Along with New York (New Along with New York (New Jersey) and the Carolinas, Jersey) and the Carolinas, known as a known as a Restoration ColonyRestoration Colony

Penn willed to his son, William, a Quaker, who Penn willed to his son, William, a Quaker, who established an open colony with universal male established an open colony with universal male citizenship/suffrage. A proprietary colony—loose citizenship/suffrage. A proprietary colony—loose association with the Crown association with the Crown

From beginning, allFrom beginning, all colonies had a governor colonies had a governor

Mercantilism—colonies Mercantilism—colonies as a means to national as a means to national wealth—wealth—pushpush & pull& pull

Eventually, all colonies Eventually, all colonies converted to royal converted to royal colonies, with governors colonies, with governors appointed by king/appointed by king/ parliament parliament

New England-- New England-- mountainous, rocky soil, mountainous, rocky soil, fishing, lumber, crafts fishing, lumber, crafts

The South— The South— warm, moist warm, moist climate; mostly climate; mostly agricultural economy with agricultural economy with crops that grew well in that crops that grew well in that climate; slave-based economyclimate; slave-based economy

The colonies also had different economic The colonies also had different economic activities as well as geographic aspects activities as well as geographic aspects

Navigation Acts: 1650-1696—Parliament passed Navigation Acts: 1650-1696—Parliament passed laws forcing all commodities from colonies to laws forcing all commodities from colonies to pass through England on English ships pass through England on English ships

England’s American colonies began to be England’s American colonies began to be economically profitable economically profitable Tobacco, rice, indigo, fish, lumber, crafts, Tobacco, rice, indigo, fish, lumber, crafts, wheat and other commodities wheat and other commodities

Parliament appointedParliament appointed governors, customs officers, governors, customs officers, other other officials to enforce Navigation Actsofficials to enforce Navigation Acts

American colonists: individualism; would not American colonists: individualism; would not always push raw materials to England or pull always push raw materials to England or pull finished goods from England finished goods from England (Spain, France)(Spain, France)

From 1650 to 1763, many “appointed” officials From 1650 to 1763, many “appointed” officials

Purchased their commissions for selves or Purchased their commissions for selves or relatives relatives

Then stayed in England, sending “proxy” officials Then stayed in England, sending “proxy” officials to represent them in the colonies to represent them in the colonies

Proxies were poorly paid and resorted to Proxies were poorly paid and resorted to corrupt and extracurricular business dealingscorrupt and extracurricular business dealings

Spent much time “away” from jobs Spent much time “away” from jobs

Meanwhile . . . Meanwhile . . .

Colonies needed governing—Colonies needed governing—laws, police, laws, police, transportation networks, public servicestransportation networks, public services

Following English political tradition,Following English political tradition, colonial colonial legislatures, legislatures, in place in all of the colonies,in place in all of the colonies, began began going around the governors and other going around the governors and other officials andofficials and “taking charge.” “taking charge.”

Popular with the people—enjoyed the idea of Popular with the people—enjoyed the idea of self-governance, but still considered them-self-governance, but still considered them-selves loyal subjects of the King selves loyal subjects of the King

But, governance limited to But, governance limited to individual coloniesindividual colonies

In fact, due to differences in economics, political In fact, due to differences in economics, political differences, social differences differences, social differences (Southern (Southern aristocracy versus egalitarian New England, for aristocracy versus egalitarian New England, for example),example), other differencesother differences, significant distrust , significant distrust and dislike of colonies and colonial assemblies and dislike of colonies and colonial assemblies for other colonies for other colonies

Absolutely no thought of uniting into one Absolutely no thought of uniting into one comprehensive group of colonies. Rather all comprehensive group of colonies. Rather all saw themselves as separate entities saw themselves as separate entities

17541754: : Meeting of representatives of 7 Meeting of representatives of 7 British colonies and leaders of the British colonies and leaders of the Iroquois Nation in Albany, New York to Iroquois Nation in Albany, New York to plan defense against possible attacks plan defense against possible attacks from French and Native American alliesfrom French and Native American allies (French & Indian War)(French & Indian War)At the meetingAt the meeting, Benjamin Franklin , Benjamin Franklin proposed the proposed the Albany PlanAlbany Plan of of Union,Union, that would include athat would include a council of colony council of colony representatives that could levy representatives that could levy taxes and raise an armytaxes and raise an army as well as well asas regulate trade with Native regulate trade with Native AmericansAmericans

Rejected by colonial governmentsRejected by colonial governments

System of proxy British officials and powerful System of proxy British officials and powerful colonial legislatures continued until the French colonial legislatures continued until the French and Indian War—extension of Seven Years War and Indian War—extension of Seven Years War

Although a victory, the war caused conflict and Although a victory, the war caused conflict and animosity between colonists and British animosity between colonists and British

The war nearly bankrupted the British governmentThe war nearly bankrupted the British governmentParliament decided to strictly enforce the Parliament decided to strictly enforce the Navigation ActsNavigation Acts

Appointed officials must serve at their posts Appointed officials must serve at their posts

Colonial legislatures lost substantial power Colonial legislatures lost substantial power

Proclamation of 1763 Proclamation of 1763

Taxes via Sugar Act, Stamp Act, Townshend Acts,Taxes via Sugar Act, Stamp Act, Townshend Acts,Coercive (Intolerable) Acts, etc. passed by Coercive (Intolerable) Acts, etc. passed by Parliament in England and paid by colonists Parliament in England and paid by colonists

Angered colonial legislatures, but Angered colonial legislatures, but

Still considered themselves loyal to King Still considered themselves loyal to King

Still distrustful of other colonies Still distrustful of other colonies

First Continental Congress of 1774—first meeting First Continental Congress of 1774—first meeting of all colonies (56 delegates)of all colonies (56 delegates)

Even with the fighting of the American Revolution Even with the fighting of the American Revolution

And the Declaration of Independence And the Declaration of Independence

Colonies still distrusted one another and, Colonies still distrusted one another and, because of their dislike of the King and because of their dislike of the King and Parliament as the war went on, colonial Parliament as the war went on, colonial legislative leaders highly distrusted a strong legislative leaders highly distrusted a strong central government for the new United States central government for the new United States

Led to the Articles of Confederation Led to the Articles of Confederation

Early American Political Tradition Early American Political Tradition

Reflective of years of English political tradition Reflective of years of English political tradition

Power of colonial legislatures and distrust of a Power of colonial legislatures and distrust of a monarch and desire for popular sovereignty monarch and desire for popular sovereignty Weak national governmentWeak national government with most power with most power to the statesto the states—so the early USA was a loose —so the early USA was a loose confederation of states confederation of states Almost led to defeat in the Revolution Almost led to defeat in the Revolution George Washington adamant in calling for a George Washington adamant in calling for a strong national governmentstrong national government

The SecondContinental Congress

Independence Hall in Philadelphia, PA

Met in May 1775;by June, most Delegates favored independence Congress president John Hancock

Selected a Committee of Five to write a Declaration of Independence

The Declaration of IndependenceIn writing the Declaration, Jefferson In writing the Declaration, Jefferson drew upon the writings of drew upon the writings of Enlightenment authors Enlightenment authors John Locke John Locke

and Jean Jacques and Jean Jacques RousseauRousseau

The Second Treatise on The Second Treatise on Civil GovernmentCivil Government : : natural rights natural rights

Simoncini, Simoncini, pizza is a pizza is a modern food modern food in the U. S. in the U. S. Shouldn’t we Shouldn’t we translate the translate the Declaration Declaration of of IndependencIndependence into e into modern modern languagelanguage? ?

Simoncini, your TA here. The Simoncini, your TA here. The Declaration is all fine and well, but Declaration is all fine and well, but there were omissions. Let’s discuss there were omissions. Let’s discuss them.them.

I’m up to answering that I’m up to answering that one, Simoncini. The one, Simoncini. The Declaration did not take Declaration did not take into consideration into consideration slavery, women, the slavery, women, the rights of Native rights of Native Americans and the Americans and the rights of African rights of African AmericansAmericans. It was all . It was all about tall, smart, white about tall, smart, white guys—like Jefferson (and guys—like Jefferson (and me.)me.)

During the Revolutionary War,During the Revolutionary War, the first American national governmentthe first American national government formed under a document known as formed under a document known as

The Articles of Confederation The Articles of Confederation

Created 1777; Created 1777; formally formally approved or:approved or: approved or ratified by approved or ratified by all 13 states in 1781all 13 states in 1781

The Articles of Confederation The Articles of Confederation A loose confederation of independent A loose confederation of independent statesstates

Basis: Fear that a strong central Basis: Fear that a strong central government would threaten power government would threaten power of states and individual freedoms of states and individual freedoms

Limited power of national government Limited power of national government

National government National government actually impotentactually impotent

Simoncini, this time of Simoncini, this time of night I’m feeling weak. night I’m feeling weak. So what were some of So what were some of the the weaknesses of the weaknesses of the Articles of Articles of ConfederationConfederation??

The Articles of Confederation The Articles of Confederation Unicameral legislature (Congress) Unicameral legislature (Congress)

Each state delegation had 1 vote Each state delegation had 1 vote State delegations chosen by the State delegations chosen by the state legislature of each statestate legislature of each state

Majority vote on regular issuesMajority vote on regular issuesNine “Aye” votes for major decisions Nine “Aye” votes for major decisions such as warsuch as warUnanimous approval for amendmentsUnanimous approval for amendments

The Articles of Confederation The Articles of Confederation No executive No executive

No judiciary No judiciary

Only Congress: Only Congress: Declare Declare war war Conduct foreign policy Conduct foreign policy

Borrow Money Borrow Money Establish military forcesEstablish military forcesSettle arguments between states Settle arguments between states

Weaknesses of the Articles of Weaknesses of the Articles of Confederation Confederation No president or executive to enforce No president or executive to enforce laws laws No national court systemNo national court systemNo power to tax No power to tax

No power to regulate trade No power to regulate trade No power to establish a national armed No power to establish a national armed forces—each state raised its own forces—each state raised its own troops) troops) Major laws required 9/13 votes in Cong. Major laws required 9/13 votes in Cong.

Problems stemming from the Problems stemming from the weaknesses in the Articlesweaknesses in the Articles

Difficulty in achieving unity Difficulty in achieving unity Different states—different Different states—different religious and cultural traditions religious and cultural traditions

Economic differencesEconomic differencesSlavery issue Slavery issue

Poor inter-state Poor inter-state transportation transportation systems systems

Tensions based on fear of disorder/violenceTensions based on fear of disorder/violenceResolute defense of individual rights (a Resolute defense of individual rights (a core principle of Revolution) and publiccore principle of Revolution) and public concern for safety and security concern for safety and security

Common people’s passions for Common people’s passions for democracy and equality were getting out of democracy and equality were getting out of handhand

FoundersFounders, instead,, instead, advocated Republicanism advocated RepublicanismConsent of the governed: elect govern-Consent of the governed: elect govern- ment leadersment leadersLimited Government: fragment the Limited Government: fragment the power of government power of government Limit influence of majority: one branch onlyLimit influence of majority: one branch only directly elected by the people directly elected by the people

Ultimate goal: make tyrannyUltimate goal: make tyranny—the abuse of—the abuse of inalienable rights of citizens by government—inalienable rights of citizens by government— unlikely or impossibleunlikely or impossible

Popular democracy?Popular democracy?

No: govern through elitesNo: govern through elites

Legislators responsive to popular opinion? Legislators responsive to popular opinion? No: independent judgment about how to No: independent judgment about how to best serve the public interest,best serve the public interest, based on needs and interestsbased on needs and interests of society, not public opinionof society, not public opinion

Simoncini, Simoncini, I’m really I’m really worried ‘cuz worried ‘cuz Trevor looks Trevor looks hotter as a hotter as a girl than I do. girl than I do. I guess the I guess the Founders Founders were worried were worried too. Why?too. Why?

Too much participation by the people in Too much participation by the people in government could only have a bad outcomegovernment could only have a bad outcomeWanted to protect against government’s Wanted to protect against government’s intrusions on the right to own propertyintrusions on the right to own propertyStay Acts in some states were laws Stay Acts in some states were laws that forbade farm foreclosures for that forbade farm foreclosures for nonpayment of debts or postponed the nonpayment of debts or postponed the collection of taxes or mortgage paymentscollection of taxes or mortgage payments

Key Event: Shay’s Rebellion (1786)Key Event: Shay’s Rebellion (1786)Prevent the state of Prevent the state of Massachusetts from Massachusetts from seizing property of seizing property of debtors debtors Many in the U.S. saw Many in the U.S. saw this incident as clear this incident as clear evidence of the evidence of the weaknesses of the weaknesses of the Articles Articles Led to the ConstitutionalLed to the Constitutional Convention in Convention in Philadelphia Philadelphia

September 1786: Annapolis September 1786: Annapolis Convention Convention

Only 5 states: DL, NJ, NY, PA, Only 5 states: DL, NJ, NY, PA, VA VA

Tried to resolve some differences Tried to resolve some differences among states among states

Decided to meet again Decided to meet again with all states in with all states in Philadelphia in May 1787Philadelphia in May 1787

Proposal drafted by Proposal drafted by HamiltonHamilton

I guess their problems I guess their problems were greater than mine. were greater than mine. Plus, in this coat I look Plus, in this coat I look more manly than Trevor. more manly than Trevor. Hey, speaking of hot Hey, speaking of hot guys, I saw some pictures guys, I saw some pictures of the of the FoundersFounders. Who . Who were those guys?were those guys?

Washington Franklin MadisonWashington Franklin Madison

Sherman Gorham Paterson RandolphSherman Gorham Paterson Randolph

Hey Simoncini! Hey Simoncini! My BFF Justin My BFF Justin and I want to and I want to know what sorts know what sorts of things they of things they discussed, discussed, argued over and argued over and agreed upon at agreed upon at the the Constitutional Constitutional ConventionConvention. .

Procedural rules Procedural rules

Closed to public & press Closed to public & press Each state delegation hadEach state delegation had one voteone voteSimple majority for majorSimple majority for major decisionsdecisions

The Virginia Plan The Virginia Plan Strong national government Strong national government

Bicameral legislature Bicameral legislature

Strong executive Strong executive

Membership in both Membership in both houses based on populationhouses based on population

Judiciary Judiciary

Taxes Taxes LawsLawsTrade Trade

Issues/Concerns with Virginia Plan Issues/Concerns with Virginia Plan First house elected by people First house elected by people Second house elected by first house Second house elected by first house from among candidates nominated from among candidates nominated by states by states Small states felt this plan favored the Small states felt this plan favored the larger states (VA, PA, MA, MD, NC)larger states (VA, PA, MA, MD, NC)Executive & Judiciary selected by Executive & Judiciary selected by Congress Congress Some feared strong executive Some feared strong executive National court system National court system

Concept of separation of powers and Concept of separation of powers and Checks and balancesChecks and balances

The New Jersey Plan The New Jersey Plan Counterproposal to VA Plan, more Counterproposal to VA Plan, more representative of states, particularly representative of states, particularly small states small states

William Patterson William Patterson

Weak executive controlled by legislatureWeak executive controlled by legislatureStrong unicameral legislature Strong unicameral legislature

Each state equal representation—one Each state equal representation—one vote each vote each Members chosen by state legislatures Members chosen by state legislatures

One supreme court—chosen by legis.One supreme court—chosen by legis.

TaxTaxCommerceCommerce

The Great Compromise The Great Compromise Roger Sherman Roger Sherman

Bicameral legislature Bicameral legislature House of Representatives House of Representatives chosen by population/chosen by population/ elected by the people elected by the people (Virginia Plan)(Virginia Plan)

Senate—each state have 1 (later Senate—each state have 1 (later changed to 2) representatives elected changed to 2) representatives elected by state legislatures (NJ Plan—smaller by state legislatures (NJ Plan—smaller states equal to larger ones)states equal to larger ones)

Slavery—the 3/5 Compromise Slavery—the 3/5 Compromise Southern states: count slaves as Southern states: count slaves as population (for representation in population (for representation in The House of Representatives)The House of Representatives)Many northern delegates opposed Many northern delegates opposed slavery slavery

Slaves had no legal rights, therefore Slaves had no legal rights, therefore should not be counted in population should not be counted in population Some southern states: if slaves not Some southern states: if slaves not counted, would not sign Constitution counted, would not sign Constitution The compromise: each slave = 3/5 of The compromise: each slave = 3/5 of one free person one free person

Other compromises Other compromises Southerners feared that Congress Southerners feared that Congress could vote to make importing could vote to make importing slaves into the U.S. illegalslaves into the U.S. illegalSoutherners also did not want taxes Southerners also did not want taxes on exports—economy of southern on exports—economy of southern states depended on exports states depended on exports The compromise: Congress could not The compromise: Congress could not ban importation of slaves before ban importation of slaves before 1808 and could not tax exports1808 and could not tax exports

President chosen by state electors—President chosen by state electors— the number of electors for a given the number of electors for a given state = its senators + its representatives state = its senators + its representatives

Electoral Votes Electoral Votes If no candidate receives a majority of If no candidate receives a majority of electoral votes, House of electoral votes, House of Representatives would choose Representatives would choose Has occurred twice—1800 and 1824Has occurred twice—1800 and 1824

Other compromises Other compromises

Most creative political thinker (Father Most creative political thinker (Father of the Constitution): James Madison of the Constitution): James Madison

Protégé of Jefferson Protégé of Jefferson Took extensive Took extensive notes of the notes of the debates—main debates—main record of what record of what went on—convention went on—convention closed to public closed to public

Based on extensive study of Based on extensive study of history and politics, developed the history and politics, developed the Virginia Plan Virginia Plan

Co-sovereignty issue Co-sovereignty issue All power directly flowed from the people,All power directly flowed from the people,so neither federal government nor stateso neither federal government nor stategovernments were truly sovereigngovernments were truly sovereign

Federalism:Federalism: Article VI: Supremacy Clause: Article VI: Supremacy Clause: the the national government creates national government creates the the supreme law of the land supreme law of the land

Federal: broad powers to tax, regulate Federal: broad powers to tax, regulate commerce, control currency, pass lawscommerce, control currency, pass laws(elastic or “necessary and proper” clause)(elastic or “necessary and proper” clause)

Possible tyranny from concentrated authority?Possible tyranny from concentrated authority?Montesquieu: a republic must be Montesquieu: a republic must be confined to a relatively small confined to a relatively small area; large area breeds despotismarea; large area breeds despotismbecause rulers too distant from because rulers too distant from most of the people.most of the people.

Madison: large republic less likelyMadison: large republic less likelyto produce tyranny, because it to produce tyranny, because it would contain so many differentwould contain so many differentfactions that no single group factions that no single group would ever dominate. would ever dominate. Concept Concept of checks and balancesof checks and balances

FederalistsFederalists

Supporters of ConstitutionSupporters of ConstitutionBetter organizedBetter organized

Anti-federalists Anti-federalists Included Patrick Henry Included Patrick Henry Defenders of true principles Defenders of true principles of the Revolutionof the RevolutionBelieved Constitution would Believed Constitution would betray those principles by betray those principles by establishestablishinging a strong, potentially a strong, potentially tyrannical, center of powertyrannical, center of powerBiggest complaint: no bill of rightsBiggest complaint: no bill of rightsNo government can be trusted to No government can be trusted to protect the liberties of its citizensprotect the liberties of its citizens without enumerating the natural without enumerating the natural rights of peoplerights of people

States of greatest concern to States of greatest concern to FederalistsFederalists

New YorkNew York

and Virginia and Virginia

and Virginian and Virginian James MadisonJames Madison

Wrote a series of pamphlets known as Wrote a series of pamphlets known as The Federalist Papers The Federalist Papers calling them-calling them- selves selves PubliusPublius

To “sell” the Constitution to those states,To “sell” the Constitution to those states,New Yorkers John JayNew Yorkers John Jay and Alexander and Alexander HamiltonHamilton

Madison also Madison also promised that, if New York promised that, if New York and Virginia ratified the and Virginia ratified the Constitution, the First Constitution, the First Congress would create a Congress would create a national national Bill of RightsBill of Rights..

The strategy worked—The strategy worked— all 13 states finally all 13 states finally ratified the Constitution ratified the Constitution

FederalistsFederalists

Feared disorder, anarchy, chaos: Feared disorder, anarchy, chaos: the the unchecked power of the massesunchecked power of the massesWanted a government that would Wanted a government that would function at a distance from popular function at a distance from popular passions; anti-federalists feared passions; anti-federalists feared dangers of concentrated power dangers of concentrated power

1.1. Form into groups of at least 5 peopleForm into groups of at least 5 people2.2. Democratically select a group leader Democratically select a group leader 3.3. Group leaders: assign each member Group leaders: assign each member of your group one article of the of your group one article of the Constitution (Article I through VI)Constitution (Article I through VI)4. Each sub-group: read your portion of the 4. Each sub-group: read your portion of the Constitution. Constitution. 5. Summarize the key aspects of your 5. Summarize the key aspects of your article in 8-10 bullet points (Art I-III) or article in 8-10 bullet points (Art I-III) or 3-5 bullet points (Art IV-VI)3-5 bullet points (Art IV-VI)6. Teach your group your section and be 6. Teach your group your section and be prepared to present to entire class.prepared to present to entire class.

1.1. Form into yesterday’s groupsForm into yesterday’s groups2.2. Group leaders: assign each member Group leaders: assign each member one or two Amendments between the one or two Amendments between the First Amendment and the FourteenthFirst Amendment and the Fourteenth4.4. Each sub-group: read your Amend-Each sub-group: read your Amend- ments ments 5. Summarize the key aspects of your 5. Summarize the key aspects of your amendment in 3-7 pointsamendment in 3-7 points6. Teach your group your amendments6. Teach your group your amendments and prepared to present to entire class.and prepared to present to entire class.

1.1. Form into yesterday’s groupsForm into yesterday’s groups2.2. Group leaders: assign each member Group leaders: assign each member one or two Amendments between the one or two Amendments between the Fifteenth Amendment and the Twenty-Fifteenth Amendment and the Twenty- seventhseventh4.4. Each sub-group: read your Amend-Each sub-group: read your Amend- ments ments 5. Summarize the key aspects of your 5. Summarize the key aspects of your amendment in 3-7 pointsamendment in 3-7 points6. Teach your group your amendments6. Teach your group your amendments and prepared to present to entire class.and prepared to present to entire class.

Establishes rules that the Establishes rules that the U.S. Government must observe U.S. Government must observe Based on 6 main principles: Based on 6 main principles: •Popular sovereignty Popular sovereignty •Limited government Limited government •Separation of powers Separation of powers •Checks/balances Checks/balances •Federalism Federalism •National freeNational free enterprise economyenterprise economy

•Popular sovereignty Popular sovereignty

What is What is popular popular sovereigntysovereignty??

Popular sovereignty: Popular sovereignty: Government’s authority Government’s authority comes from the comes from the people.people.

Establishes rules that the Establishes rules that the U.S. Government must observe U.S. Government must observe

Based on 6 main principles: Based on 6 main principles:

•Limited government Limited government •Separation of powers Separation of powers •Checks/balances Checks/balances •Federalism Federalism •National freeNational free enterprise economyenterprise economy

•Popular Popular sovereignty sovereignty

Limited governmentLimited government::The government The government cannot truly serve cannot truly serve the needs of the the needs of the people if it has too people if it has too much power—the much power—the Constitution, in Constitution, in places, limits powerplaces, limits power

Article I, Section 9; Article I, Section 9; The Bill of Rights The Bill of Rights

Establishes rules that the Establishes rules that the U.S. Government must observe U.S. Government must observe

Based on 6 main principles: Based on 6 main principles:

•Popular sovereignty Popular sovereignty •Limited government Limited government

•Separation of powers Separation of powers •Checks/balances Checks/balances •Federalism Federalism •National freeNational free enterprise economyenterprise economy

•Popular sovereignty Popular sovereignty

Ambition must be Ambition must be made to made to counteract counteract ambition.ambition.

Vetoes Judicial Review Impeachment Confirmation

So that no one branch has So that no one branch has too much power, the too much power, the Constitution divides Constitution divides responsibilities among the responsibilities among the three branches three branches

Separation of Powers Separation of Powers

Constitution preventsConstitution preventsthe concen- tration the concen- tration and and abuse of power by abuse of power by giving giving each branch each branch the the authority to restrain, authority to restrain, or or check, the other two check, the other two branches. It divides branches. It divides power power between branchesbetween branches. .

Checks and balances Checks and balances

We We deliberately built deliberately built inefficiency into the inefficiency into the American political American political

systemsystem..The rise of national political parties The rise of national political parties Expansion of the electorate and Expansion of the electorate and changes in electoral methodschanges in electoral methodsEstablishment of agencies Establishment of agencies deliberately designed to exercise deliberately designed to exercise legislative, executive, and judicial legislative, executive, and judicial functionsfunctionsChanges in technologyChanges in technologyEmergence of presidential powerEmergence of presidential power

The rise of national political parties The rise of national political parties Expansion of the electorate and Expansion of the electorate and changes in electoral methodschanges in electoral methodsEstablishment of agencies Establishment of agencies deliberately designed to exercise deliberately designed to exercise legislative, executive, and judicial legislative, executive, and judicial functionsfunctionsChanges in technologyChanges in technologyEmergence of presidential powerEmergence of presidential power

U. S. Political History: The Six Party Systems U. S. Political History: The Six Party Systems Federalists vs. Democratic-RepublicansFederalists vs. Democratic-RepublicansDemocrats vs. Whigs Democrats vs. Whigs

Republicans vs. Democrats, 1861-1896 Republicans vs. Democrats, 1861-1896 Republican Dominance, 1896-1932Republican Dominance, 1896-1932New Deal & Democratic DominanceNew Deal & Democratic DominanceDe-Alignment and Divided GovernmentDe-Alignment and Divided GovernmentParties at war (hyperpartisanship)Parties at war (hyperpartisanship)

We deliberately built We deliberately built inefficiency into the inefficiency into the American political American political

system.system.The rise of national political parties The rise of national political parties Expansion of the electorate and Expansion of the electorate and changes in electoral methodschanges in electoral methodsEstablishment of agencies Establishment of agencies deliberately designed to exercise deliberately designed to exercise legislative, executive, and judicial legislative, executive, and judicial functionsfunctionsChanges in technologyChanges in technologyEmergence of presidential powerEmergence of presidential power

The rise of national political parties The rise of national political parties Expansion of the electorate and Expansion of the electorate and changes in electoral methodschanges in electoral methodsEstablishment of agencies Establishment of agencies deliberately designed to exercise deliberately designed to exercise legislative, executive, and judicial legislative, executive, and judicial functionsfunctionsChanges in technologyChanges in technologyEmergence of presidential powerEmergence of presidential power

I accepted the I accepted the necessity of economic necessity of economic inequality and social inequality and social gradation. But I did gradation. But I did believe that believe that people can people can rise to prominence on rise to prominence on the basis of their own the basis of their own talents and energies.talents and energies.

The goal of people in public life was to ensureThe goal of people in public life was to ensurethat others like themselves would have the that others like themselves would have the opportunity to do the same.opportunity to do the same.

Initiative Initiative Referendum Referendum Direct Primary Direct Primary RecalRecall l Lobbying Lobbying

Australian Ballot Australian Ballot

We deliberately built We deliberately built inefficiency into the inefficiency into the American political American political

system.system.The rise of national political parties The rise of national political parties Expansion of the electorate and Expansion of the electorate and changes in electoral methodschanges in electoral methodsEstablishment of agencies Establishment of agencies deliberately designed to exercise deliberately designed to exercise legislative, executive, and judicial legislative, executive, and judicial functionsfunctionsChanges in technologyChanges in technologyEmergence of presidential powerEmergence of presidential power

The rise of national political parties The rise of national political parties Expansion of the electorate and Expansion of the electorate and changes in electoral methodschanges in electoral methodsEstablishment of agencies Establishment of agencies deliberately designed to exercise deliberately designed to exercise legislative, executive, and judicial legislative, executive, and judicial functionsfunctionsChanges in technologyChanges in technologyEmergence of presidential powerEmergence of presidential power

Who can give an Who can give an example of a example of a

check that the check that the President can President can

useuse??VetoVeto:: the the President President can reject any can reject any piece piece of legislation sent of legislation sent by Congress.by Congress.But remember, we in theBut remember, we in the

CongressCongress have our own have our own check—wecheck—we can override a can override a president’s veto if 2/3 of president’s veto if 2/3 of both houses of Congress both houses of Congress vote to do sovote to do so.. Senator Senator

Diane Diane FeinsteinFeinstein

Marbury v. Madison Marbury v. Madison (1803)(1803)Jefferson repealed Jefferson repealed Judiciary Act of 1801Judiciary Act of 1801Adams had made Adams had made “ “midnight appointments”midnight appointments”One was William Marbury:One was William Marbury: Justice of the Peace for Washington, D. Justice of the Peace for Washington, D. C.C.Secretary of State’s job to deliver Secretary of State’s job to deliver commissionscommissionsMadison: new Secretary of StateMadison: new Secretary of State,, refused to refused to deliver Marbury’s commissiondeliver Marbury’s commission

Marbury v. Madison Marbury v. Madison (1803)(1803)John Marshall Court heldJohn Marshall Court heldMarbury had a right to hisMarbury had a right to his commission, but the commission, but the Court, as stipulated in theCourt, as stipulated in the Judiciary Act of 1789, had Judiciary Act of 1789, had no right to order Madison to deliver itno right to order Madison to deliver itCongress had exceeded its authority in Congress had exceeded its authority in including that power in the Judiciary including that power in the Judiciary Act of Act of 17891789

Marbury v. Madison Marbury v. Madison (1803)(1803)With the Marshall Court’sWith the Marshall Court’s ruling, ruling, it gave itself the it gave itself the power to nullify an act of power to nullify an act of Congress—Judicial ReviewCongress—Judicial ReviewEstablished the Judiciary Established the Judiciary as a branch of government co-equal as a branch of government co-equal with the with the executive and legislative—a position executive and legislative—a position that that the founders of the republic had never the founders of the republic had never clearly indicated it should occupy. clearly indicated it should occupy.

But, the President does not But, the President does not necessarily have to enforce a decision of necessarily have to enforce a decision of the Supreme Court (or spend money the Supreme Court (or spend money appropriated by Congress.)appropriated by Congress.)

Worcester v. GeorgiaWorcester v. Georgia (1832) (1832)

John Marshall has John Marshall has made his decision. made his decision.

Now let him Now let him enforce it.enforce it.

May 17, 1954: May 17, 1954: Brown v. Board of EducationBrown v. Board of Education of Topeka, KS of Topeka, KS Arguing for the plaintiff: Arguing for the plaintiff: Thurgood MarshallThurgood Marshall

Oliver Brown, father of Linda Brown, Oliver Brown, father of Linda Brown, sued the Topeka Board of Education for sued the Topeka Board of Education for violating Linda’s rights by denying her violating Linda’s rights by denying her admission to an all-white elementary admission to an all-white elementary school 4-blocks from her house. Rather, school 4-blocks from her house. Rather, the Board forced Linda to attend anthe Board forced Linda to attend anall-Black school 21 blocks away.all-Black school 21 blocks away.

The Warren Court, The Warren Court, led by Chief Justice Earl led by Chief Justice Earl Warren, unanimously Warren, unanimously decided in favor of Brown decided in favor of Brown thereby striking down thereby striking down Plessy v FergusonPlessy v Ferguson and all and all segregation as segregation as unconstitutional. unconstitutional.

The The BrownBrown decision decision immediately affected 12 immediately affected 12 million schoolchildren in million schoolchildren in 21 states 21 states

President Eisenhower immediately President Eisenhower immediately asked Washington, D. C. officials to integrateasked Washington, D. C. officials to integrate and make Washington a model for the and make Washington a model for the remainder of the nation. However, he and remainder of the nation. However, he and Attorney General Herbert Brownell, Jr. did Attorney General Herbert Brownell, Jr. did little else to little else to enforce the enforce the decision until decision until 1957.1957.

19551955: Supreme Court handed : Supreme Court handed down down a second Brown rulinga second Brown ruling: : ordered district courts to implement ordered district courts to implement school desegregation “with all deliberate school desegregation “with all deliberate speed.”speed.” President President Eisenhower and Congress did Eisenhower and Congress did not enforcenot enforce. Eisenhower believed you . Eisenhower believed you could not force desegregation on people. could not force desegregation on people. Finally enforced at Central High School Finally enforced at Central High School in Little Rock, Arkansas, in 1957. in Little Rock, Arkansas, in 1957.

Establishes rules that the Establishes rules that the U.S. Government must observe U.S. Government must observe Based on 6 main principles: Based on 6 main principles:

•Limited government Limited government •Separation of powers Separation of powers •Checks/balances Checks/balances •Federalism Federalism •National freeNational free enterprise economyenterprise economy

•Popular sovereignty Popular sovereignty

FederalismFederalism

Some powers belong to the national Some powers belong to the national government, some powers belong to government, some powers belong to the states, even some belong to localities.the states, even some belong to localities.The Constitution also prohibits the The Constitution also prohibits the national government from doing certain national government from doing certain things and the states from doing other things and the states from doing other things.things.

U. S. Government U. S. Government

Fifty State GovernmentsFifty State Governments(Example: California)(Example: California)

All bicameral except for Nebraska (unicameral) All bicameral except for Nebraska (unicameral)

House of RepHouse of Rep Senate Senate

PresidentPresident U. S. Supreme Court U. S. Supreme Court

Assembly Assembly Senate Senate

Governor Governor CACASup Ct. Sup Ct.

Article VI, Section 2—The SupremacyArticle VI, Section 2—The Supremacy ClauseClauseArticle I, Section 8—The Elastic Clause akaArticle I, Section 8—The Elastic Clause aka “ “The Necessary and Proper” clauseThe Necessary and Proper” clauseChallenging the Supremacy Clause Challenging the Supremacy Clause Three nullification crisesThree nullification crises Alien and Sedition Acts Alien and Sedition Acts Tariff of AbominationsTariff of Abominations Fugitive Slave ActFugitive Slave ActModern Day: local legalization of Modern Day: local legalization of marijuana marijuana

Establishes rules that the Establishes rules that the U.S. Government must observe U.S. Government must observe Based on 6 main principles: Based on 6 main principles:

•Limited government Limited government •Separation of powers Separation of powers •Checks/balances Checks/balances •Federalism Federalism •National freeNational free enterprise economyenterprise economy

•Popular sovereignty Popular sovereignty

National Free Enterprise EconomyNational Free Enterprise EconomyGovernments instituted to protect free Governments instituted to protect free economy (capitalism)economy (capitalism)

Article I, Sections 8, 9 & 10 Article I, Sections 8, 9 & 10

Article IV, Section 1: “Full Article IV, Section 1: “Full faith and credit” clausefaith and credit” clause

Congressional elaboration Congressional elaboration

Congress has the ability to create legislationCongress has the ability to create legislationto meet the needs of the nation rather than to meet the needs of the nation rather than amend the Constitutionamend the Constitution

Impeachment Impeachment

Article II: removal from office of officialsArticle II: removal from office of officials convicted of “Treason, Bribery, or other convicted of “Treason, Bribery, or other High Crimes and Misdemeanors.”High Crimes and Misdemeanors.”

Congress interprets meaning Congress interprets meaning

House: initiates (Grand Jury)House: initiates (Grand Jury)Senate triesSenate tries

VP sits as presiding officer VP sits as presiding officer Chief Justice when President is Chief Justice when President is

being impeachedbeing impeached

A. Johnson R. Nixon B. Clinton A. Johnson R. Nixon B. Clinton

Impoundment Impoundment

Presidents may impound—or refuse to Presidents may impound—or refuse to spend funds appropriated by Congressspend funds appropriated by Congress

Presidents may send the armed forces into Presidents may send the armed forces into a conflict without a formal congressional a conflict without a formal congressional declaration of wardeclaration of war

Presidents may propose legislation and Presidents may propose legislation and work to get it passed work to get it passed

When my friends and I When my friends and I wrote the Constitution, wrote the Constitution,

we all knew that at we all knew that at some points it would some points it would have to be changed. have to be changed. What method did we What method did we

use to change the use to change the ConstitutionConstitution??

AmendmentsAmendmentsHow How can can

amendamend--

ments ments be be pro-pro-posedposed??

Amendments can Amendments can be proposed two be proposed two

ways: one by ways: one by Congress and one Congress and one

by a national by a national convention called convention called by Congress at the by Congress at the request of 2/3 of request of 2/3 of

our state our state legislatures.legislatures. That’s right, That’s right,

Niki, but we Niki, but we have have never never

used the used the convention convention

methodmethod. How . How does it work does it work if Congress if Congress proposes it?proposes it?

Well, Krista, Well, Krista, 2/3 of 2/3 of both houses of both houses of Congress must Congress must

approve an approve an amendment and then amendment and then it is sent to the states it is sent to the states

for ratificationfor ratification..

How do the How do the states ratify the states ratify the

proposed proposed amendments?amendments?

Good question, Dr. Good question, Dr. Franklin.Franklin.

One way stated in the One way stated in the Constitution is ¾ of our Constitution is ¾ of our state legislatures (38 in state legislatures (38 in all) must approve the all) must approve the amendment for it to amendment for it to become part of the become part of the

Constitution. This held Constitution. This held true for 26 of our 27 true for 26 of our 27

amendmentsamendments..

The Bill of RightsThe Bill of Rightswere the first were the first ten amendmentsten amendmentsand protected and protected individual individual freedoms. freedoms.

Key AmendmentsKey Amendments11 Religion, speech, petition, assembly,Religion, speech, petition, assembly, presspress22 Keep/Bear ArmsKeep/Bear Arms33 No quarteringNo quartering44 No illegal search/seizureNo illegal search/seizure55 No self-incrimination/double jeopardyNo self-incrimination/double jeopardy66 Speedy/public trialSpeedy/public trial77 Trial by juryTrial by jury88 No excessive bail, fines, cruel and unusualNo excessive bail, fines, cruel and unusual punishment punishment

Key AmendmentsKey Amendments9 Rights retained by people9 Rights retained by people10 Rights retained by states10 Rights retained by states11 Limitations on the judiciary11 Limitations on the judiciary12 Vice presidential selection12 Vice presidential selection13 No Slavery13 No Slavery14 Definition of Citizenship14 Definition of Citizenship15 African-American males vote15 African-American males vote16 Federal Income Tax16 Federal Income Tax17 Direct Election of Senators17 Direct Election of Senators18 No manufacture, transportation, sale of 18 No manufacture, transportation, sale of alcoholic beveragesalcoholic beverages19 Women vote19 Women vote

Key AmendmentsKey Amendments20 Presidential inauguration, etc20 Presidential inauguration, etc21 Overturns 1821 Overturns 1822 Limits presidential terms22 Limits presidential terms23 Residents of Washington, D. C. can vote 23 Residents of Washington, D. C. can vote for presidentfor president24 No poll taxes24 No poll taxes25 Vice presidential succession25 Vice presidential succession26 18 year old vote26 18 year old vote27 Congressional pay raises27 Congressional pay raises

If you don’t mind, I’ll answer If you don’t mind, I’ll answer that question, because I was that question, because I was president when it happened. president when it happened.

That was the 21That was the 21stst Amendment, Amendment, which repealed Prohibition (the which repealed Prohibition (the

1818thth Amendment). Special Amendment). Special conventions in at least ¾ of the conventions in at least ¾ of the

states voted for this states voted for this amendment—it was a second amendment—it was a second

method the Founders put in the method the Founders put in the ConstitutionConstitution..

Thank you, Mr. Madison. Thank you, Mr. Madison. But what method did they But what method did they use to ratify the other one?use to ratify the other one?

The Equal Rights Amendment The Equal Rights Amendment

Betty Friedan (front) and Gloria Steinam (rear)Betty Friedan (front) and Gloria Steinam (rear)

The Equal Rights Amendment The Equal Rights Amendment

Friedan, Friedan, The Feminine MystiqueThe Feminine MystiqueNational Organization of Women (NOW)National Organization of Women (NOW) 1966—central mission was passage 1966—central mission was passage of ERAof ERAAll presidents from Truman to Reagan All presidents from Truman to Reagan had endorsedhad endorsed1970s: overwhelming support in both 1970s: overwhelming support in both houses of Congress; 1980s, GOPhouses of Congress; 1980s, GOP moved to neutrality on issue moved to neutrality on issue

Conservative women spoke out Conservative women spoke out against NOW and the Equal Rights against NOW and the Equal Rights Amendment Amendment

Phyllis Schlafly led the Phyllis Schlafly led the Stop-ERA campaign Stop-ERA campaign Insisted that the ERA Insisted that the ERA was the work of was the work of radical feminists who radical feminists who “ “hate men, marriage,hate men, marriage, and children.”and children.”

The Equal Rights Amendment The Equal Rights Amendment First step: Congressional approvalFirst step: Congressional approvalNo direct presidential involvement No direct presidential involvement Sent to states for ratificationSent to states for ratificationSupreme Court: ratification of amendmentsSupreme Court: ratification of amendments within a reasonable time within a reasonable time (27(27thth Amendment: 203 years) Amendment: 203 years)Seven-year limit—1972-1979Seven-year limit—1972-1979Congress extended until 30 June 1982Congress extended until 30 June 1982Requires ¾ of all states (38) to ratify Requires ¾ of all states (38) to ratify ERA fell 3 states shortERA fell 3 states short

One of the cool things about the

Constitution is that, like me, Sponge Bob, it is a flexible, living

document.

That’s right, Sponge Bob. That

is why over the years my fellow Supreme Court

justices and I have been able to interpret the

Constitution to fit society’s needs.

The Constitution is flexible because my fellow founders and I were purposely vague

in writing certain parts.

Well, that’s why my fellow

presidents and I…

…and Members of Congress like us have been able to

form political parties, change laws, and use

custom and tradition to shape government to better serve the American people.

D. Cardoza G. Radanovich D. Feinstein