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How did the Constitution How did the Constitution strengthen the US Government? strengthen the US Government? We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Dca2 review luna2013

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Page 1: Dca2 review luna2013

How did the Constitution strengthen the How did the Constitution strengthen the US Government? US Government?

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Page 2: Dca2 review luna2013

Constitutional ConventionConstitutional Conventionof 1787of 1787

Shay’s RebellionShay’s Rebellion (1786) caused the (1786) caused the framers to believe that framers to believe that the Articles of the Articles of Confederation were Confederation were ineffective & needed to ineffective & needed to be replacedbe replacedDelegates gathered in Delegates gathered in PhiladelphiaPhiladelphia (1787) to (1787) to write a new write a new ConstitutionConstitutionJames MadisonJames Madison leads leads the movement to write the movement to write the Constitutionthe Constitution

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Conflict at the Constitutional Conflict at the Constitutional Convention Convention

Delegates Delegates disagreeddisagreed on on THREETHREE key issues: key issues: – RepresentationRepresentation– SlaverySlavery– TradeTrade

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Conflict @ the Convention:Conflict @ the Convention:Representation in the new Representation in the new

Congress Congress

Big States vs. Small Big States vs. Small States States Virginia PlanVirginia Plan– Representation based Representation based

upon a states upon a states population (favored population (favored more populated more populated states)states)

New Jersey PlanNew Jersey Plan– Each state had equal Each state had equal

votesvotes

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CompromiseCompromise: : RepresentationRepresentation

The Great CompromiseThe Great Compromise– Settled the representation conflictSettled the representation conflict– Delegates created a 2 house (Delegates created a 2 house (bicameralbicameral) legislature) legislature

One house based upon population (House of Reps)One house based upon population (House of Reps)

A second house based upon equal votes per state (the A second house based upon equal votes per state (the United States Senate)United States Senate)

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Conflict: Conflict: The Slavery IssueThe Slavery Issue

Southern states Southern states supported slaverysupported slavery– Wanted slaves to Wanted slaves to

count for count for representationrepresentation, but , but not for not for taxationtaxation

Northern states Northern states – wanted slaves to count wanted slaves to count

for for taxationtaxation, not , not representationrepresentation

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CompromiseCompromise: : The The Slavery IssueSlavery Issue

The Three Fifths Compromise: The Three Fifths Compromise: settles the Slavery Issuesettles the Slavery Issue–3 out of 5 slaves would be counted 3 out of 5 slaves would be counted

for both for both representation representation and and taxationtaxation

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Conflict: The Trade IssueConflict: The Trade Issue

Southern delegates did not want an export or import tax (tariff).Southern delegates did not want an export or import tax (tariff).Northern delegates favored a tax on imports to help northern Northern delegates favored a tax on imports to help northern industries grow.industries grow. This could hurt the South This could hurt the SouthCompromiseCompromise:: Congress was given the power to taxCongress was given the power to tax importsimports, but , but notnot exportsexports

The South needed slavery for plantation labor. The North feared The South needed slavery for plantation labor. The North feared slave populations would be to high.slave populations would be to high.

CompromiseCompromise- The importation of slaves would end 20 years from - The importation of slaves would end 20 years from the ratification of the Constitutionthe ratification of the Constitution

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DEBATE ON RATIFICATIONDEBATE ON RATIFICATION

FederalistsFederalists argue for a argue for a strong federal system to strong federal system to replace the Articles of replace the Articles of Confederation Confederation (Madison/Hamilton/Jay)(Madison/Hamilton/Jay)

Anti-federalistsAnti-federalists believe believe that the new constitution that the new constitution would be too strong and would be too strong and crush the Peoples rights crush the Peoples rights (Henry & S. Adams) (Henry & S. Adams)

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Compromise: Compromise: Federalists Federalists vs. vs. Anti-federalists Anti-federalists

FederalistsFederalists agree to add a agree to add a Bill of RightsBill of Rights to the to the new Constitutionnew ConstitutionThe Addition of the The Addition of the BORBOR allowed allowed Anti-FedsAnti-Feds to to agree to ratify the new Constitutionagree to ratify the new ConstitutionThe Constitution was The Constitution was ratifiedratified in 1789 in 1789

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The 1The 1stst Chief Executive Chief Executive

George WashingtonGeorge Washington was was chosen to be the first chosen to be the first President President The BOR, System of The BOR, System of Checks & Checks & Balances/Written Balances/Written Constitution all help Constitution all help create create Limited Limited GovernmentGovernment Electing officials to act as Electing officials to act as Representatives creates Representatives creates Representative Representative GovernmentGovernment

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The U.S. Constitution The U.S. Constitution The New Constitution:The New Constitution: allowed for a separate allowed for a separate executive branch (executive branch (the Presidentthe President),), a a separate separate judicial branch (judicial branch (the Supreme Courtthe Supreme Court),), and a and a two-house legislative branch (two-house legislative branch (the Congressthe Congress).).

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The Federal System/Division of PowerThe Federal System/Division of Power

Power was divided between Power was divided between State State governmentsgovernments and the and the Federal Federal Government Government

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Federal Powers:

•Armed Forces

•Coining money

•Regulated trade

•Making treaties

Powers RESERVED for states:

•Health & Safety matters

•Marriage/divorce laws

•Business regulation

•Licensing of professions

Both State & Federal:

•Building roads

•Borrowing money

•Collecting taxes

•Operating courts

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15th Amendment--gave voting rights to freed slaves after the civil war.

19th Amendment--gave women the right to vote.

Example: The Necessary & Proper clause has been used to regulate industries that were unseen in 1789:

auto industry, telecommunications, airline safety ECT...

Brown v Board of Ed. allowing for the desegregation of schools

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The Unwritten The Unwritten ConstitutionConstitution

The The Unwritten Unwritten ConstitutionConstitution refers to refers to traditionstraditions that that have become have become part of our part of our political system. political system.

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The Unwritten Constitution

-Political Parties are not written into the Constitution

-The Primary responsibility for political parties is to nominate

candidates for office-George Washington warned against

the formation of political parties.

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The Unwritten ConstitutionThe Unwritten Constitution

President Washington President Washington appointed appointed Cabinet Cabinet membersmembers to help him to help him run the government.run the government.

All presidents have All presidents have followed this traditionfollowed this tradition

The presidential The presidential cabinet is NOT written cabinet is NOT written in the Constitutionin the Constitution

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Unwritten ConstitutionUnwritten Constitution

President Washington President Washington served served 2 terms2 terms and and retiredretired

The 2 term tradition The 2 term tradition became part of the became part of the Unwritten ConstitutionUnwritten Constitution

FDR FDR broke with traditionbroke with tradition, , 2 terms has since been 2 terms has since been written into the written into the Constitution through the Constitution through the amendment process.amendment process.

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How did the U.S. Constitution How did the U.S. Constitution Strengthen the U.S. Strengthen the U.S.

Government?Government?

It created a strong national/federal government that allowed the new

nation to function as one independent country, created a three branch

government (which included a Chief Executive) & preserved the Enlightenment principles of

representative government & limited government

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7 Principals of the 7 Principals of the ConstitutionConstitution

The “Big Ideas”The “Big Ideas”

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ConstitutionConstitutionIs the “Rule Book” of theIs the “Rule Book” of theUnited States.United States.

It was created to improve our It was created to improve our country and create a fair government. country and create a fair government.

They way The Founding Fathers wrote They way The Founding Fathers wrote it, they made sure it was flexible it, they made sure it was flexible (could be added to or changed if (could be added to or changed if needed). needed).

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When the Founding Fathers wrote When the Founding Fathers wrote the Constitution they made sure that the Constitution they made sure that there were 7 ideas (or principals) there were 7 ideas (or principals) included in it. included in it.

“The Rule Book”

Constitution

Republicanism

Limited Government

Individual Rights

Federalism

Pop

aration

PowersChecks & Bal

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Popular SovereigntyPopular Sovereignty

Where does the government get it’s Where does the government get it’s power?power?

A King??A King??

No..of course not. No..of course not.

The People of the United States give The People of the United States give the government it’s the government it’s power!power!

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RepublicanismRepublicanism

How do “ “ give the How do “ “ give the government its power?government its power?

We VOTE!We VOTE!

We get to pick those people that are in We get to pick those people that are in Congress, the Senate, our President, Congress, the Senate, our President, etc. etc.

Anyone that is in a public office – we Anyone that is in a public office – we pick!pick!

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FederalismFederalism

The state’s and the national government The state’s and the national government need to be partners. need to be partners.

Some powers are Some powers are shared by the States shared by the States and National governmentsand National governments

Some powers belong only to the States Some powers belong only to the States and some belong only to the National and some belong only to the National

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FederalismFederalism

NATIONAL GOVT

•Maintain Army

•Establish Post Office

•Declare War

STATE GOVT

•Establish School

•Marriage Laws

•Local Government

SHARED

•Taxes

•Courts

•Build Roads

•Banks

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FederalismFederalism

MR. LEWIS

•Hires Teachers

•Sets Rules for school

•Suspends Students

MRS. LUNA

•Grades class papers

•Makes Rules for classroom

•Puts in grades and conduct

SHARED

•Enforce Tardies

•Enforce Uniform Code

•Strive for Student Success

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Separation of PowersSeparation of Powers

The Framers were worried that too much The Framers were worried that too much power might fall into the hands of one power might fall into the hands of one group or person so they divided the work group or person so they divided the work into three areas. into three areas.

I am King, I have all the

power!

We will divide the power so it’s

fair.

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Separation of PowersSeparation of Powers

US Constitution“The Rule Book”

Legislative BranchMakes Laws

Executive BranchEnforces Laws

Judicial BranchJudges Laws

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Checks and BalancesChecks and Balances

““Power should be a check to Power” ~ Power should be a check to Power” ~ Baron de Montesquieu Baron de Montesquieu

What does that mean?What does that mean?

That means that each branch of the That means that each branch of the government can check on the other and government can check on the other and approve or stop what they are doing.approve or stop what they are doing.

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Checks Courts

Checks Congress

Checks Courts

Check

s Con

gres

s

Checks President

Check

s Pre

siden

t

CHECKS & BALANCES

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Limited GovernmentLimited Government

Framers wanted to guard against tyrannyFramers wanted to guard against tyranny

Government is limited to the power given Government is limited to the power given them in the Constitution.them in the Constitution.

The Constitution tells how leaders who The Constitution tells how leaders who overstep their power can be removedoverstep their power can be removed

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My rights are UNALIENABLE!

That means no one can take them away from me!!

I’d like to see you try to take them anyway!

Individual Rights Individual Rights

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• Out individual rights are guaranteed in the Bill of Rights.

• The Bill of Rights (BOR) are the first ten amendments to the constitution.

• These rights include: Freedom of speech, religion and press. We also are guaranteed the right to a trial and attorney if we are accused of a crime.

• There are 10 amendments in the BOR.

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Individual Rights Individual Rights