Objectives #1 - #3

• Students will be able to identify the origins of US Government.

• Students will be able to identify the structure and powers of government provided by the US Constitution.

• Students will be able to identify the Rights given to American citizens in the Bill of Rights.

Warm Up

1. What movement spreading rapidly throughout the world (especially Europe) in the 1700s influenced the Declaration of Independence?

2. Why was Great Britain considered to be a tyrant by the colonists?

3. What is the Social Contract? What thinkers championed the term?

Americans win independenceI. Americans win independence

a.1776 Declaration of Independence• Jefferson main author used Enlightened Ideas

(Preamble: Gov’t. power is derived from people)

Preamble to Declaration of Independence• We hold these truths to be self-evident, that all men are

created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Influence of Enlightened Ideas

Thomas Paine – Common Sense• Britain was a tyrant who had broken social contract

• The Social Contract• Written by Rousseau, popularized by Hobbes and Locke• Colonists had committed treason in eyes of king

b.Despite being outnumbered and outgunned colonists win revolutionary war.

Social Contract• Jean Jacques Rousseau• Describes the relationship of man with society.• The state of nature is a brutish condition without

law or morality, and that there are good men only as a result of society's presence.

• Because he can be more successful facing threats by joining with other men, he joins together with his fellow men to form a "society."

• "The Social Contract" is the agreement among men that sets the conditions for membership in society.

Jean Jacques Rousseau

Social Contract• John Locke• Government’s main purpose is to carry out the

will of its people and protect their natural rights• Any government which does not do this is

therefore not legitimate • And the people have the right to revolt and

change it• Greatly influenced Thomas Jefferson and

Declaration of Independence

John Locke

John Locke Quotes

• “The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom. “

• “The reason why men enter into society is the preservation of their property. “

A CRITICAL PERIOD

• JUST AFTER THE REVOLUTION

• AMERICAN REVOLUTION BASICALLY ENDS WITH LORD CORNWALLIS’ SURRENDER AT

YORKTOWN OCT. 1781

• Continental Congress Forms During War

• Articles of Confederation (Nov. 15, 1777)

ARTICLES OF CONFEDERATION

Creates only a legislative branch of governmentNo judicial, no executive branches or powers

• STRENGTHS- Provides for the settlement of the west (Land Ordinance of 1785 and Northwest Ordinance of 1787)

• WEAKNESSES- no tax, weak defense, no power to regulate trade between states, 1 vote per state (9-13 to pass laws), no executive or judicial branch

America’s New GovernmentConcept: Our founding fathers created a “weak” government under the Articles of Confed.

First constitution of US = Created a weak national government that loosely connected the states into a union.

Why would they do this?

Do you think a weaker federal government (in terms of power) is a positive or negative? Explain why.

Articles of Confederation

a. No executive or judicial branches created. (John Hanson first Pres.)

b. Only Congress is created, each state had 1 vote in congress regardless of population.• could declare war = but no army without states• Could enter into treaties, and coin money = but so

could states• no power to tax or regulate trade without consent of

states • 9 out of 13 votes needed to pass anything – difficult • 13 out of 13 to amend – nearly impossible

John Hanson – First President of the United States?

Shay’s Rebellion

• Shay’s Rebellion prompts need for stronger national government• Farmer’s rebelled against Mass. State Gov’t.

Over huge debt, heavy taxes, & foreclosures • Federal Gov.t could not act, MA Gov.t needed

help• Shay’s forces attack the Springfield federal

armory (rifles)• Eventually rebellion was put down by Boston &

Springfield Militia• 1,000 arrested

• Shays and dozens of others would be condemned to death.

• He was later pardoned in 1788.

• How could this event prompt the need for a stronger government?

Shay’s Rebellion

Problems that led to Shays Rebellion• States taxed each others goods or even

banned trade (like a tariff)• States printed their own money (often without

anything backing it).• Economic chaos – prices soared, sound credit

vanished, debt rose – public and private both went unpaid.

• Violence broke out all over, not just MA.• Demand for stronger national government to

solve problems rose.

PHILADELPHIA CONVENTION• “Framers” of the US Constitution • 55 MEN • WHITE• EDUCATED• PHILADELPHIA• MEET ON MAY 25, 1787

• EACH ARRIVED WITH GOALS AND RESPONSIBILITY TO SATISFY THE PEOPLE BACK HOME.

METHOD OF DECISION MAKING

• ALL WAS TO BE DONE IN SECRET

• DISCUSSION, COMPROMISE, CONSENSUS

• CONSENSUS – 100% AGREEMENT

• WHAT ARE THE POSITIVES AND NEGATIVES RELATED TO THIS TYPE OF DECISION-MAKING?

GREAT DEBATES

• WHO WOULD HAVE POWER? • CENTRAL or LOCAL?

• FEDERALISM (Division of Power)

• Representation; BIG STATES or SMALL STATES? • BICAMERAL LEGISLATURE (Senate/House)

• WITHIN THE FEDERAL GOVERNMENT?• SEP. OF POWERS/ CHECKS & BALANCES

• PEOPLE AND THE GOVERNMENT? • BILL OF RIGHTS/AMENDMENTS

The Philadelphia Convention

I. The Constitutional Convention Creates a new Constitutiona.Great Compromise – two house legislature

created (Bicameral)• Upper house all state equal representation• Lower house based on population of state

b.Three Fifths Compromise• In response to southern slave population

Federalism

c. Separation of Powers• Distrust for powerful central government• Legislative, executive, and judicial• Checks and balances• Division of federal and state governments

– Powers Granted – Example of Federalism

• Bill of rights – To protect rights of citizens; majority rule vs. minority rights– 10 Amendments

d.Government based on law not royal power or divine right. Religion never even mentioned. God, but no specific religion.

DefineFEDERALISM- a system of government that shares power between a central

government and local governments.

BICAMERAL LEGISLATURE- a 2 house legislature.

SEPERATION OF POWER- The 3 functions of government are each the responsibility of a different

branch

LIMITED GOVERNMENT- The government is restricted in what it can do, by the will of the people.

US Constitution

• 7 Articles, 27 Amendments• Worlds Oldest and shortest Constitution• Article I – Powers of Congress• Article II – Powers of President• Article III – Judicial Powers• Article IV – Relationships among states• Article V – Adding an Amendment• Article VI – Public debts, supremacy of national

government over state and local, oaths of office• Article VII – Provisions for ratification of

Constitution

RATIFICATION

• RATIFY TO FORMALLY APROVE A DOCUMENT.

• GREAT DEBATES FINALLY COME TO CONCLUSIONS

• BICAMERAL LEGISLATURE A GREAT EXAMPLE OF WHY SOME CALL THE CONSTITUTION…

“A BUNDLE OF COMPROMISES”.

Ratification• Constitution not officially ratified until June of

1788 (Convention starts in Sept. 1787).• Should have been after New Hampshire

became the 9th state to ratify• New York and Virginia were missing – Key

States• These states would ratify in June and July 1788• With 11 of 13 the constitution goes into effect• North Carolina and Rhode Island still not “on

board” but would eventually ratify.

EFFECTS OF RATIFICATION• LED TO THE EMERGENCE OF POLITICAL PARTIES

• THE FEDERALISTS – G. WASHINGTON, A. HAMILTON, J. ADAMS, J. MADISON. Those that favored ratification. Supported strong central government.

• Stressed weakness of Articles of Confed.

• THE ANTI- FEDERALISTS – T. JEFFERSON, P. HENRY, J. HANCOCK, S. ADAMS Those who opposed ratification.

• Stressed concern over increased power of government and lack of Bill of rights.

• “I look upon that paper as the most fatal plan that could possibly be conceived to enslave a free people” – Patrick Henry

• SENT TO THE STATES FOR APPROVAL.

FEDERALIST PAPERS

• LOGICAL ARGUMENTS WERE MADE• WHY A NEW GOVERNMENT WAS NEEDED• DESCRIBE THE STRUCTURE THEY DEVELOPED

• WHY THE PEOPLE SHOULD RATIFY

• MAIN AUTHORSALEXANDER HAMILTON, JAMES MADISON, JOHN JAY

• Federalists #10 and #51

RATIFICATION• THE FINAL GREAT DEBATE

• PROTECTION FROM A TOO POWERFULL GOVERNMENT

• WHAT IS USED TODAY AS THE ULTIMATE PROTECTION FOR PEOPLE, OFTEN PEOPLE IN A MINORITY?

• THE BILL OF RIGHTS

• NOT ADOPTED UNTIL 1791 (AFTER CONSTITUTION WAS RATIFIED AND IN EFFECT)

Quotes

• "A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences." --Thomas Jefferson

“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government — lest it come to dominate our lives and interests”.– PATRICK HENRY

CONSTITUTION

• A NEW CONGRESS MEETS MARCH 4, 1789• New York City Becomes our Capital, and to

decide on presidency• NEW PRESIDENT APRIL 6, 1789• Washington sworn in April 30th • All 69 electors vote him in• John Adams is runner = VP

The Constitution was written with 6 Basic principles and the founding

fathers were quite proud.

6 BASIC PRINCIPLES OF AMERICAN GOVERNMENT

• Popular Sovereignty• Limited Government• Separation of Powers• Checks and Balances• Judicial Review• Federalism

Thomas Jefferson

• “These principles form the bright constellation which has gone before us and guided our steps through an age of Revolution and Reformation”.

1. Popular SovereigntyIn our democracy, people are the

only source of power. The power of the government

comes form the consent of the people.

It’s in the Preamble

2. Limited GovernmentThe government may only do what the people have given it power to

do.

Where do the ideas of Popular Sovereignty and Limited

Government come from?Social Contract

3. Separation of PowersAs stated in the 47th Federalist

paper, power held in many hands is less likely to be corrupted.

Who came up with this concept?

4. Checks and BalancesThe 3 branches are not truly

separate as each has power over the other.

Write down an example of checks and balances in our government.

Look at page 68

5. Judicial ReviewThe power of the court to judge if

the action of the government follows the principles of the constitution.

Judicial ReviewIs a government action

unconstitutional?

Constitutionalism

• Government must be conducted according to constitutional principles

• Rule of Law – • Government and its officers are always subject

to – never above – the law.

Marbury vs. Madison 1803• Jefferson wins the election of 1800 and

Democratic-Republicans (one political party) controlled both houses of Congress

• The outgoing Federalists tried to “pack” the courts/judiciary with party members the night before leaving office (Adams)

• William Marbury appointed justice of the peace in Wash, DC March 3, 1801.

• The next day March 4, 1801 Jefferson become president and tells Sec. of State James Madison to not allow “midnight justices” appointments to go through

Marbury vs. Madison• Marbury goes to the Supreme Court seeking a

writ of mandamus (force Jefferson to allow appointments)

• Chief Justice John Marshall refused Marbury’s request

• Marbury’s request was in ruled to be unconstitutional

• Supreme Court has right to declare acts of Congress unconstitutional

6. FederalismThe national government holds

some power and the 50 state hold the rest of the power.

Why Federalism?

AMENDMENTSFORMAL ADDITIONSWhich Article sets up the Amendment process?Article V

27 TOTAL

1-10 –BILL OF RIGHTS – adopted in 1791

13-15 – SETTLE THE SLAVE ISSUE

FORMAL AMENDMENT PROCESS• METHOD 1 – 2/3 VOTE IN EACH HOUSE AND RATIFIED BY ¾ OF

THE STATE LEGISLATURES.• 38 States Leg., 26 of 27 Amendments this way

• METHOD 2 – 2/3 VOTE IN EACH HOUSE AND RATIFIED BY ¾ OF STATE CONVENTIONS

• Only the 21st Amendment

• METHOD 3 - PROPOSED BY NATIONAL CONVENTION AND RATIFIED BY ¾ OF STATE LEGISLATURES

• METHOD 4 - PROPOSED BY NATIONAL CONVENTIONS AND RATIFIED BY ¾ OF STATE CONVENTIONS.

• This is how the Constitution itself was ratified

AMENDMENTS

SEVERAL EXPANDED OR CLARIFIED THE RIGHT TO VOTE.

19TH-WOMEN’S SUFFERAGE,- 1920

22ND-PRESIDENT’S TERM LIMITED -,1951

23RD-WASH. DC ELECTORS,-1961

25TH-PRESIDENTIAL SUCCESSION,-1967

26TH-18 YEAR OLD VOTE, -1971

27TH- CONGRESSIONAL PAY,-1992

Interesting Factoids about Amendments

• Over 4,000 proposed, only 30 some went to states to be voted on.

• Most proposed Amendments:– Flag Burning ban 7 times– Abortion ban 5 times (most common surgical

procedure – 1 mill./year)– Often used as political tool for votes

Interesting Factoids about Amendments

• Most writers of Constitution were deists, agnostics, and Unitarians

• Feared Christian takeover of government• Bottom line…liberals and conservatives both

wanted separation of church and state!

Great Quote

• “When a nation has only one religion they have tyranny. When they have two, they have civil war. When they have many they have peace and tolerance, as in the United States!”

Alexis De Tocqueville

Bill of Rights• The compromise between the Federalists and

Anti-Federalists• Written to protect the minority against the

tyranny of the majority.• Majority Rule vs. Minority Rights• Civil Liberties – Protects you from the

government– Example: 4th Amen. Protection for illegal searches

• Civil Rights – Protection provided for you by the government– Example: discrimination

The Bill of Rights

I. First AmendmentA. Fundamental rights of life, liberty, pursuit of

happiness1. Freedom of religion2. Speech3. Press4. Peaceful assembly5. Right to petition

1st Amendment

• Has any of your First Amendment rights ever been violated?

• If so, how and which one?• How did you respond? What was the

outcome?• If not, which amendment first amendment

right do you think is most important? Explain.

Bill of Rights

II. Second Amendment1. Right to bear arms

2nd Amendment

• Is this Amendment outdated? Explain. (Keep in mind that the US leads all modern industrialized nations in homicides by guns per year.) Canada and England have very strict gun laws, and have significantly less gun violence. Also, have much smaller populations.

Bill of Rights

III. Third Amendment1. No solider can take quarter in ones home

without consent of the owner in times of peace or war

2. Privacy Laws

1. What 5 main liberties are protected in the first Amendment?

2. Not all freedom of speech protected by the first Amendment. Give an example of a limit to your freedom of speech.

3. What liberty is protected in the 2nd Amendment? What limits are there on this right?

4. Although considered somewhat outdated, the 3rd Amendment has become a protection of what for American citizens?

How young is too young to hate?• Should the law allow parents to teach their children to

discriminate and hate others based on race, religion, or sexual preference?

• Is this a basic first Amendment right? Explain.• Should laws be passed prohibiting parents from

teaching children to hate? Explain.• What limits (if any) are you ok with on your first

Amendment right to freedom of speech? Explain.• Should the Westboro Baptist Church of Topeka, KN have

the right to practice and preach their religion in this manner? Is this a basic 1st Amendment right or are they endangering themselves or others in their community?

Bill of Rights

IV. Fourth AmendmentA. The privacy amendment

1. Protection against unreasonable searches and seizures.

2. Requires probable cause (reasonable suspicion) and a warrant.

3. Evidence discovered illegally cannot be used in court.

4th Amendment

• Is the State of Arizona breaking this Amendment by giving its police officers more “leeway” in questioning and potentially apprehending or harassing potential illegal's? Explain.

5th & 6th Amendment

• Have you ever been accused of doing something you were innocent of?

• How did it feel?• What was the outcome? Did “Due process of

law” clear your name?

Bill of RightsV. Fifth Amendment

A. Innocent until proven guilty 1. Rules about trials for serious crimes. 2. Rules against taking life, liberty, and property without

due process of law.3. No double jeopardy4. Private property cannot be taken without just

compensation (Eminent Domain)5. Due process – everyone has the same rights under

law.6. Self Incrimination – Cannot be forced to testify

against self.

Bill of Rights

VI. Sixth Amendment (Criminal Proceedings) A. Rights of the accusedB. Innocent until proven guilty

1. Speedy trial (90 days from arrest, unless waived) 2. Public trial3. Defense lawyer4. Right to hear charges5. Call witnesses6. Be present when witnesses speak in a court7. Jury of Peers (beyond reasonable doubt)

Bill of Rights

VII.Seventh AmendmentA. Civil Trials (no jail time)

1. When suing for money, or an apology or retraction of some sort only ¾ of jury has to agree and you only have to prove it could have happened.

Bill of Rights

VIII.Eighth AmendmentA. Punishment must fit the crime

1. Protection against excessive bail and cruel and unusual punishments

Bill of Rights

IX. Ninth Amendment1. Just because a right is not mentioned in the first 8 amendments does not mean that you do not have more rights protected by law2. Rights are not limited to the Bill of Rights

Bill of Rights

X. Tenth Amendment1. Powers not delegated to the U.S. Government

and are not prohibited to states are reserved to states and to the people.

2. ANY POWER NOT GIVEN TO THE NATIONAL GOVERNMENT OR DENIED TO THE STATES IS ASSUMED HELD BY THE STATES.

FEDERALISM

STATE POWERS BOTH NATIONAL POWERS

RESERVED SHARED DELEGATED CONCURRENT

MARRIAGE COIN MONEYDRINKING AGE TAX REGULATE

TRADESCHOOLS COURTS ARMED FORCES

FEDERALISM

• While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment.

THE BALANCE OF POWER HAS CHANGED.

• TODAY THE FEDERAL GOVERNMENT HAS GROWN IT’S POWER .

• GRANTS & SUBSIDIES USED TO EXERT INFLUENCE, GROWN SINCE THE ADOPTATION OF THE INCOME TAX.

New Amendment• You are to write your own Amendment. This

can be a completely new Amendment or a change or improvement on an existing one.

• You need to be prepared to explain it for a class discussion

• You must also justify how your Amendment protects, makes society better and/or keeps the government off our backs!

“Framers” of the Constitution Project