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Ch. 2- The Constitution
What is Government?
Government- institution by which a society makes & enforces its public policy
Public Policy- actions the government makes
Purposes of the U.S. Government
Set Forth in the Preamble of the U.S. Constitution:
Form a more perfect union Establish justice Insure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty
Which Purpose is Most Important in Your Life?
Form a More perfect Union
Establish Justice
Insure Domestic Tranquility
Provide for the
Common Defense
Promote the General Welfare
Secure the Blessings of
Liberty
Documents Building the American Government
Magna Carta- first attempt to limit the power of the British Monarch, establishing the power of the monarchy was not
absolutePetition of Right- extended the rights from
the Magna Carta to commoners
English Bill of Rights- prevented monarchs from abusing their powers
Foundations of American Rights
Magna Carta English Bill of Rights
Colonial Experiences
Colonial Charters each charter operated with executive, legislative, and
judicial roles The authority of the governors, legislatures, and
judges depended on the type of colony Royal- subject to the direct control of the king (8/13) Proprietary- organized by a proprietor appointed by the
king (3/13) Charter- based on the Mayflower Compact charter in
1662, governors were elected, with the King’s approval (2/13)
First Attempts @ Government
New England Confederation- 1643
Plan for intercolonial cooperation by William Penn
The Albany Plan
First Continental Congress
Second Continental Congress
Declaration of IndependenceToo Late to Apologize: A Declaration
Written mainly by Thomas Jefferson
Principles: based on philosophy of John Locke
Divided into three parts A theory of government based on
social contract A list of grievances against the king Statement of colonial unity and
separation from BritainIdeas that all men are created
equal and the government is not all powerful
To Form a More Perfect Union
Between 1774-1789, 13 individual colonies became a nation- The United States of America
Independence: how could 13 independent self-governed states unite? First attempt= Articles of Confederation
Homework: read pages 17-27, and explain the weaknesses of the Articles of Confederation, and how the creation of the Constitution corrected these weaknesses.
Articles of Confederation
Written by the Second Continental CongressBecame the first national Constitution for the
United StatesCreated a “league of friendship” among the statesCreated a weak unicameral legislatureDid not want to replicate the too-powerful
government of BritainCongress had limited powers: creating an army
and navy, borrowing money, declaring war, creating post offices
Signing treaties with foreign governments
Weaknesses of the Articles of Confederation
No power to taxNo power to draft soldiers for military service,No power to regulate commerceNo central government to control the statesEach state was equal, with one vote in the
legislature, regardless of size & population9 of 13 states were required for legislation to
passAmending the A.O.C. required a unanimous vote
Weaknesses of the A.O.C.Shays' Rebellion
Weakness of the A.O.C. How the Constitution “fixed” it
Articles created a “league of friendship” between the states
Congress could not tax, it could only request contributions from the states
Congress could not regulate interstate trade or foreign commerce
No separate executive to enforce acts of Congress
No national judiciary to handle state disputes
Each state had one vote, regardless of size or population
States and the national government had the authority to coin money
Unanimous consent required to amend the Articles of Confederation
Nine of thirteen states required to pass legislation
Constitutional Convention
Philly, 1787Purpose: revise the Articles of
ConfederationDecided to write a new
Constitution instead of revising the AOC
Decided the new government would be a republic, a federal system, and would be composed of three branches
Several plans were proposed and presented
The Constitutional Convention
The Framers 55 men from all 13 states except __________
James Madison- greatest influence on creation of national gov.
Absent: Thomas Jefferson (in France), John Adams (in Great Britain), Patrick Henry “smelt a rat” (against strong national government)
An entirely new constitution was written “Lockean” influence Results: “a delicate problem”; need for a strong
government to preserve order but not threaten liberty
Major Themes at the Constitutional Convention
The Virginia Plan
*Created by MadisonStrong national government organized into three branches
(legislative, executive, and judicial)Bicameral legislature (House and Senate)
Lower house elected by the people Upper house chosen by lower house from nominees submitted by
state legislaturesRepresentation is each house based on population &/or
monetary contributions to the national government
Members of the national judiciary were chosen by legislature
Single executive chosen by legislative branch, limited to one term one term only, could veto legislative acts, removal by Congress
*Who’s happy, large states or small states? Why?
The New Jersey Plan
Generated from a fear that legislative representation would be based on population, allowing the more populated states to always out-vote the less populated states
Unicameral legislative Representatives chosen by state legislatures Each state receives one vote
Representation in the house would be equal among the states
Plural executive chosen by legislative branch, no veto powers, removal by states
Judges appointed for life by the executive*Who’s happy, large states or small states? Why?
The Debate Is On!!
The Great Compromise
(AKA Connecticut Compromise)1. House of Representatives based on
population and directly elected by people2. Senate composed of two members per
state and elected by state legislatures (now?!?!)
3. Reconciled interests of large and small states
large dominates the House of Representatives, small the Senate
*Both large and small states satisfied!
Slavery & the Constitution
The Issue: Southern States: wanted slaves counted
as population in representation, but not taxation
Northern States: oppositeThree-Fifths Compromise
Each state would count three-fifths of its slave population for purposes of determining both representation and taxation
Commerce & Slave Trade Compromise Congress was prohibited from banning
the slave trade for a period of 20 years
Why wasn’t slavery
abolished in the
Constitution?
Ratification of the Constitution
Federalists- for the ratification of the Constitution The Federalist Papers- NY In favor of a strong, national government Led by Madison & Hamilton Checks & Balances would protect from abuse
Anti-Federalists- against the ratification of the Constitution Wanted strong state governments Feared a strong, national government Wanted a Bill of Rights
