Transcript The Constitution IB 2014

The Constitution
A Living Document
Key Events Preceding Constitution
• French & Indian War
• Stamp Act… “No taxation without
representation”
• Intolerable Acts
• 1st & 2nd Continental Congress
– Olive Branch Petition (7/15/1775)
– Declaration of Independence
• Nat’l Rights; Govt. by Consent…Social Contract
Declaration of Independence
• “People of these colonies, solemnly publish and declare,
that the United Colonies are, and of right ought to be free
and independent states; that they are absolved from all
allegiance to the British Crown, and that all political
connection between them and the state of Great Britain, is
and ought to be totally dissolved, and that as free and
independent states, they have full power to levy war,
conclude peace, contract alliances, establish commerce,
and to do all other acts and things which independent
states may of right do. And for support of this declaration
with a firm reliance on the protection of Divine Providence
we mutually pledge to each other our Lives, our Fortunes
and our sacred honor.”
Articles of Confederation (1781-1789)
• Written Constitution
• Influenced by state
constitutions
• Weak central
government; power to
states…why?
Articles of Confederation
• What is a Confederate?
– A Firm League of Friendship
– “States keep their sovereignty, freedom, and
independence and every power, jurisdiction, and
right not expressly delegated to the U.S. in
Congress.”
• So why do states come together though at all
if they want to maintain their independence?
– Common defense, security of liberty and mutual
and general welfare
Articles of Confederation: Congress
•
•
•
•
Make war/peace
Treaties; Send/receive ambassadors
Borrow $
Build navy, RAISE ARMY BY ASKING STATES
FOR TROOPS
• Settle disputes of states
• Why Limit Powers?
– Fear of big unitary government (listed 27 abuses
by Brit. Govt.)
Articles of Confederation: Structure
• Unicameral
Congress: Each
State—One Vote
– Why?
• No Executive or
Judicial Branch
– Why?
– Impact?
Articles of Confederation:
Weaknesses
• No power to tax…why? Impact?
– No Revenue…No Power
– Request $16 mill…get $2 mill. (none from GA/NC)
• 9/13 states needed to ratify; 13/13 to amend
– Inflexible
• No power to regulate commerce…why? Impact?
– Exper. Under British (Brit. E. India); Intolerable Acts;
Navigation Acts
– States tax each others goods; ban some trade; no credit;
multiple currencies
– Economy on verge of collapse
Articles of Confederation:
Weaknesses
• Army Dependent on State Militias…Why? Impact?
– Fear of Standing Army; Quartering Act
– Can’t Respond in crisis like Shay’s Rebellion
• No Coherent Foreign Policy...Impact?
– No way to work with foreign powers
Shays Rebellion
• Shays Rebellion
– Exposes inherent
weaknesses of the
Articles of
Confederation
– Final straw that led to
the calling for the
Constitutional
Convention & a
stronger central
government
Constitutional Convention
(May 14, 1787- September 17,1787)
• Revise Articles of Confederation
– I.D. Impfections; State Bill of Rights; No Rel. Requirements;
Strong Legislature
• Goal: Balance need for strong central govt., to preserve
order, but not threaten liberty
• AMAZING document, adaptable & flexible while
providing structure & organization
• What were the big issues at the conventions?
Key Word: Compromise
• Connecticut/Great Compromise: Virginia Plan + New
Jersey Plan
– VA Plan: Leg. Rep. based on state population (bicameral, 3
branches)
– NJ Plan: Leg. Rep. based on equality (unicameral, 3 branches)
– Great Compromise: Bicameral Congress (House & Senate)
• House of Representatives: Based on population
• Senate: Equal Representation
• Who Benefits More?
• 3/5 Compromise: Settles Issue of Slave Population
– What’s the issue?
• Commerce & Slave Trade
– Restricts action on slavery for 20 years
– Congress regulate trade; but can’t tax exports
5 Principles of Democracy
•
•
•
•
•
Popular Sovereignty
Separation of Powers
Checks & Balances
Judicial Review
Federalism
5 Principles of Democracy
• Popular
Sovereignty:
– “We the People”
– People source of
govt. power
– People created the
natl. govt.; gave
power st. & local gov
power
– Guarantees a
Republic
• Limits: Why?
• Electoral College
• Selection of Senators
• Senators= 6 yr. terms
5 Principles of Democracy
• Separation of Powers
– Division of power into 3 branches
– Goal: Limit government
– Can be inefficient/fragment policymaking
Separation of Powers
Separation of Powers
5 Principles of Democracy
• Checks & Balances
– Each branch can limit the powers of the others
– No one branch becomes to powerful; limit
government
Checks & Balances
5 Principles of Democracy
• Judicial Review
– Power of courts to determine the constitutionality
of a law or executive action
– Informal Amendment
• Marbury v. Madison
Brown v. Board of Education
5 Principles of Democracy
• Federalism:
– A system of government in which power is both
divided & shared between a central government &
state/regional political units.
– 10th Amendment: “Those powers not delegated to
the federal government, nor prohibited to the
states, are reserved for the states.”
Key Federalism Clauses
• Full Faith & Credit Clause:
– Each State has to honor the civil rulings and laws from
other states; doesn’t apply to criminal matters.
• Supremacy Clause:
– Constitution: Supreme Law of the Land
– Sets up the hierarchy w/ the U.S. Constitution at the top.
• Necessary & Proper Clause:
– Congress shall have power to make all laws necessary
and proper to carry out all other powers vested by
Constitution in the government.
• Commerce Clause
– Congress’ power to regulate “interstate commerce”
Federalism
Ratification
• Requires 9/13 States…Really Need 13, Why?
• Ratified by State Conventions (Federalism)
• The Great Debate: Federalists v. Anti-Federalists
– Federalists (Consult Table 2.4; p. 53)
• Favor ratification; govt. by elite; today’s white collar
– Anti-Federalists
• Want strong state powers; rule by commoner; fear big
govt…loss of civil liberties
• Fear Elite Rule, no Bill of Rights, weakened state govt.
• Compromise: Addition of Bill of Rights/10th
Amendment; House selected directly by people
Practice IB Essay Outlines
• Pass Out IB Essay Rubrics
• Essay Prompts
– “American Independence from Britain was not a revolution, but an evolution.”
To what extent do you agree with this view? Provide specific evidence to
support.
– In what ways did the Declaration of Independence of 1776 justify the United
States separation from Britain? Provide specific evidence to support.
– Why did the Articles of Confederation fail to provide a strong government?
– To what extent were the grievances expressed in the Declaration of
Independence successfully addressed by the Articles of Confederation?
– For what reasons, and in what ways, was the United States Constitution of 1787
a “bundle of compromises”?
– Analyze the main problems facing the United States under the Articles of
Confederation (1781). How far did the United States Constitution (1788) solve
them?
– “The Constitution of the United States, agreed between 1787 and 1791, was a
revolutionary document for its time.” To what extent do you agree with this
claim?