The Constitution by r11Kv3

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									The Constitution

    Broken Down
               The Gathering
• There was a
  convention in
  Philadelphia. At the
  convention were
  delegates from each
  state to fix the flaws of
  the Articles of
  Confederation.
• The convention took
  place on May 25, 1787
  in Philadelphia’s
  Independence Hall.
    More About The Gathering
• Of the 55 men present at      Thomas Jefferson and John
  this convention were          Adams were currently in
  lawyers, merchants, college   Europe.
  presidents, physicians,       Patrick Henry didn’t attend
  generals, governors, and      either because he was
  planters with political       against the convention.
  experience.
• Seven were governors of
  their own states.
• Forty-one were or had been
  members of the Continental
  Congress.
• At this meeting no Native
  Americans, African
  Americans, or women were
  in attendance.
                The Procedure
• The first action was made by Washington. He set rules
  for conducting the convention.
• The decisions made at the meeting were made by
  majority vote. Each state only had one vote.
• They also agreed that this was to be kept secret and
  that no one would tell what went on. Meetings were
  closed to the public and press.
• Each delegate had a job for revising the Articles of
  Confederation.
• They agreed that changing this wasn’t enough. So
  they discarded the Articles and decided to make a
  new constitution.
• This meeting became known as Constitutional
  Convention.
                           The Plan
• The delegates wanted to created a
  government that was good for all the
  states. Everybody thought that this
  was eventually going to be disaster.
• They proposed a plan for the new
  government. This plan eventually
  became known as the Virginia Plan.
• The Articles of Confederation only
  consisted of the legislative branch with
  one house congress.
• The delegates wanted to change this
  so now the Virginia Plan had three
  branches.
• The three branches were legislative,
  judicial, and executive.
• The legislative branch was the branch
  that did the lawmaking.
• The executive branch carried out the
  laws.
• Last but not least the judicial branch
  interpreted the laws and applied the
  laws.
    Constitutional Compromises
• The first compromise was called the Great Compromise
  (Connecticut Compromise). The great compromise was
  that the congress would have two houses: a Senate and
  a House of Representatives. This meant that each state
  had equal representation in the Senate pleasing the small
  states, and a House based on population pleasing the
  larger states.
• Although the Great Compromise was good they was still
  unsure on how to calculate the population. So they
  made a new compromise called the Three-Fifths
  Compromise. This meant that every five enslaved persons
  would count as three free persons. This would determine
  the representation of the Congress.
     Approving the Constitution
• When the Constitution        • To win the support of
  came out Americans             people the Federalists told
  reacted to it in many          everybody or reminded
  ways.                          them of the flaws of the
• There were Federalists.        Articles of Confederations.
  They were supporters of      • This caused an argument
  this document. This name       that the United States
  was chosen to emphasize        couldn’t survive without a
  the constitution. The          strong national
  thought it would create a      government.
  system of Federalism. This   • Those who opposed the
  means that power of the        Constitution was Anti-
  government was divided         Federalists.
  into federal, or national,   • Eventually everybody
  government and states          agreed and decide to
                                 make a Bill of Rights.
                     The Preamble
• We the People of the United         • “To insure domestic Tranquility”-
  States, in Order to form a more       to maintain peace and order.
  perfect Union, establish Justice,
                                      • “To provide for the common
  insure domestic Tranquility,
                                        defense”-to protect the citizens
  provide for the common
                                        from outside attacks.
  defense, promote the general
  Welfare, and secure the             • “To promote the general
  Blessings of Liberty to ourselves     Welfare”-to help people live
  and our Posterity, do ordain          healthy and happy.
  and establish the Constitution      • “To secure the Blessings of
  for the United States of              Liberty to ourselves and our
  America.                              Posterity”-to guarantee the
• “To form a more perfect Union”-       freedom and basic rights to all
  to unite the states so they can       Americans.
  operate as a single nation.
• “To establish Justice”-to create
  a system to fair laws and courts
  so everybody is treated equally.
                      The Articles
• Article 1: The Legislative Branch (Congress is made up of two
  houses-Senate and the House of Representatives. They will
  have all of the lawmaking decisions.)
• Article 2: The Executive Branch (The law-enforcing branch.
  Headed by the president and vice president. Tells how they
  can be and removed from office.)
• Article 3: The Judicial Branch (They interpret the laws and
  sees that they are fairly applied. They have one supreme
  court.)
• Article 4: Each state must respect each others laws. Also
  explains the procedure for creating new states.
• Article 5: Tells how to make amendments.
• Article 6: “supreme Law of the Land.” If the state or court
  decisions conflict with the federal law the federal law shall
  prevail.
• Article 7: The Constitution would take effect, when nine states
  had ratified it.
                     CONSTITUTION                                         ARTICLES OF
            Senate, with states represented equality,                    CONFEDERATION
            and House of Representatives, apportioned
            according to population, have power to:                    Congress of one house with
                                                                       equal representation of 13 states
                  Pass laws by majority vote       Legislature         has power to:
                  Declare war                                            Pass laws by vote of 9 states
                  Coin and borrow money                                  Declare war
                  Approve treaties                                       Coin and borrow money
                  Amend Constitution by 2/3                              Make treaties
                  vote in both houses and
                  approval by ¾ of states                                Amend Articles if all 13 states
                                                                         agree
                  Tax
                  Regulate commerce
                  Confirm presidential
                  appointments
 President chosen by electors has powers
 to:
                Enforce laws                     Executive
                Make treaties                                      No executive branch

                Command armed
                forces
Supreme Court and lower federal
courts have power to:

              Interpret laws
                                               Judiciary
                                                                 No judicial branch
              Settle disputes
              between states
AMENDING THE CONSTITUTION


     PROPOSAL                      PROPOSAL

                             By national convention
Vote of two-thirds of
                             called at the request of
members of both         OR   two-thirds of 50 state
houses                       legislatures.




    RATIFICATION                  RATIFICATION

Approved by three-            Approved by three-
fourths of 50 state     OR    fourths of ratifying
legislatures.                 conventions held in
                              50 states,
         Popular Sovereignty
• Popular Sovereignty is     • The Constitution also
  the notion that the          starts out with “We the
  governments’ power           people…”
  lies with the people.
                             • People mainly voice
• The Constitution talks a
  lot about the people.        their opinions through
  The Declaration of           elections.
  Independence says
  that governments
  should draw their
  powers “from the
  consent of the
  governed.”
                Rule of Law
• Rule of law means
  that the law applies to
  everyone, even those
  who govern.
• Nobody can break the
  law.
• The Constitution
  gives a list of powers
  that Congress should
  have and those it
  should not have.
       Separation of Powers
• Separation of powers is split authority among
  the legislative, executive, and judicial branches.

• The reason we have separation of powers is so
  that no one group or person gains too much
  power.
  Can impeach president;
                               CHECKS AND             Can impeach judges;

  Can override veto;            BALANCE               Can reject appointments of
                                                      judges
  Can reject appointments;
  Can refuse to approve
  treaties



                                Legislative Branch


                                                         Can declare
                 Can veto                                acts of
                 legislation                             legislature
                                                         unconstitutional




                               Can appoint judges


Executive Branch                                             Judicial Branch

                                   Can declare
                               presidential actions
                                unconstitutional
      Checks and Balances
• Checks and balances      • The Supreme Court can
  is when each branch is     overturn laws.
  able to check, or        • The Congress can even
  restrain, the power of     remove judges through
  the others.                the impeachment
• The Congress can           process.
  block presidential
  appointments and
  treaties. If there is
  wrongdoing the
  Congress can even
  remove the president
  from office.
     FEDERAL AND STATE POWERS
 ENUMERATED POWERS              CONCURRENT POWERS               RESERVED POWERS
(Powers given to the Federal   (Powers shared by state and   (Powers given to state
government)                    federal government)           governments)
 Pass all laws                      Enforce laws                 Provide for the
 necessary and proper                                            public safety,
                                    Establish courts
 carry out its powers                                            health, and welfare
                                    Collect taxes                within the state
 Regulate trade with
 other countries and                Borrow money                 Regulate trade and
 among states                                                    commerce within
                                    Provide for the
 Conduct foreign affairs            general welfare              the state

 Raise and support and                                           Establish local
 army                                                            governments

 Coin and print money                                            Conduct elections,
                                                                 determine
 Establish a postal                                              qualifications of
 system                                                          voters
 Govern U.S. territories,                                        Establish a public
 admit new states, and                                           school system
 regulate immigration
                 Federalism
• Under federalism           • Expressed powers are
  power is shared by the       powers specifically
  national government          granted to the national
  and the states.              government.
• Each level of              • Reserved powers are
  government has               powers that the
  independent authority        Constitution does not
  over people.                 give to the national
• There are three types of     government.
  powers, these are          • Concurrent powers are
  expressed powers,            powers that both levels
  reserved powers, and         of government can
  concurrent powers.           exercise.
• Written and designed by:



                 KATIE

								
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