The Constitution of the U.S.

A Bit of History• The first government was a

confederation – The Articles of Confederation—which gave the states the majority of power.

• There proved to be too many problems for a “country” when each individual state can make their own decisions.

• A revolt in Massachusetts over taxes (Shays Rebellion) led to armed conflict…

• The revolutionaries saw fit to revolt again!!

• The country’s leaders saw the need for immediate change if we were going to survive as a nation!

In 1787, delegates met in Philadelphia to reform, eventually completely redo, our form of government.

This would become known

as the Constitutional

Convention and our

government, country would

be created here.

Open your book to 760

.

The entire Constitution is included from 760-771If you don’t understand the actually articles, check out the blue commentary—

it summarizes it.

These words create our entire country.

• What the government is• Who the government is• What it can / can’t do.• What your rights are• Your protections• EVERYTHING!!!

Pages 771-779 are the Amendments

• These are personal freedoms that were insisted upon in 1787—no list of personal rights, no constitution.

• The first 10 Amendments are the Bill of Rights

• James Madison did these• He is known as the “Father

the Constitution” for the influence he had in so many phases of our early country.

The Constitution

• 4,543 words, including the signatures• Includes:

– A Preamble;– 7 “Articles”; – 27 amendments

• Each Article Outlines the roles of each branch of the government

• At the end of the document are the changes that have happened—the AMENDMENTS

• 1st 10—all our personal rights--added by James Madison to please the people in 1797

• 17 added since then

Trivia Winners!!• 55 representatives met in Philadelphia in 1787. • Rhode Island did not participate—did not want

their economy hurt by a U.S. gov. Eventually had to give in and join the nation—but only by a vote of 34-32

• It took about 6 weeks to get it to the first draft.• A “style committee” then “cleaned it up” to the

language needed.• George Washington signed first (but no proof)• It’s written on parchment—treated animal skin.—

only a small repair is the only paper on it!!!• It (all 4 pages!) is located now in the National

Archives in Washington DC

A Preamble introduces something

• It’s the first notes of music in a song.• It’s the person who introduces a

speaker.• It prepares the people for what is to

come…

Amendments

• #1-8 Are Personal Rights• #9 Is about the rights you

have but aren’t listed• #10 –States that all powers not

specifically given to the National Government belong to the States and to the People

• #11-27 are the Changes that have come up since then…

• The Preamble to the Declaration of Independence tells why the Americans were revolting.

• The Preamble to the Constitution outlines the basis of our form of government.

The Preamble to the Constitution

We the People of the United States, in Order to form a more perfect

Union, establish Justice, insure domestic Tranquility, provide for

the common defence, 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.

Article I Sets Up the Lawmakers

Article II Sets up the Presidency

Article III Sets Up the Courts

Article IV Establishes Relations between States

Article V Sets Up the Rules for Amendments

Gov. Gardner signing resolution ratifying amendment to U.S. Constitution granting universal franchise to women, 1919

How to Amend?

• Wasn’t meant to be! If change your mind all the time—people won’t take you seriously…

• An idea/Amendment must be proposed by:• 2/3 both houses or• National Convention

• Then must be approved by ¾ of the states (37)

It ain’t easy!

Article VI Deals with Debts, the Supremacy of National Law, and the Oath of Office

Article VI Tells How the Constitution Will Be “Ratified”—

Accepted As Law.

The Ratification of the Conventions of nine States,

shall be sufficient for the Establishment of this

Constitution between the States so ratifying the Same.

• Delaware - December 7, 1787 • Pennsylvania - December 12, 1787 • New Jersey - December 18, 1787 • Georgia - January 2, 1788 • Connecticut - January 9, 1788 • Massachusetts - February 6, 1788 • Maryland - April 28, 1788 • South Carolina - May 23, 1788 • New Hampshire - June 21, 1788 • Virginia - June 25, 1788 • New York - July 26, 1788 • North Carolina - November 21, 1789 • Rhode Island - May 29, 1790

The Electoral College

Then• The Framers did not

want Congress or the unwashed masses (us) to elect the president. (and communication was slow and difficult)

• The “electors” would do it.

• 1800 Election was a mess—caused changes—the 12th Amendment

Today: • Each state has the same

number of electors as members of Congress. President must win a majority of electoral votes to be president. (270)

• They meet in Dec. after the election to cast their votes

• They are not bound by law to vote with the people.

• President is officially elected in January.

2008

Defects:

• Winner of the popular vote is not guaranteed to be president

• Take the 2000 election

• Bush v Gore

It came down to Florida• 25 electoral votes—who gets this state, wins.• 96,000 votes were thrown out (convicted felons—this proved to be

wrong but it was too late to do anything). They were Democratic votes.

• In Florida there was a 500 vote difference.• The “physical ballots” were called into question.• A recount was ordered—but it would continue after the established

deadline—Bush went through the Supreme Court to void the recount.

• 7 of the 9 Court. They agreed that the count after the deadline was illegal. 7 of 9 were Republican appointed (BIG NOTE: They followed the law—not politics.)

• The Florida Sec. of State who certified the vote was Bush’s campaign co-chair.

• The Governor of Florida was Jeb Bush, George’s brother.Does all of this look funny?

Defects-2

• Electors are not bound by law to vote for the popular winner.

• Elections can be thrown into the House of Representatives (which will make it political).

• Requires a Constitutional Amendment to change.