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Chapter 5 A New Nation

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									 Chapter 5

A New Nation
    Problems with Republicanism

1. Colonies become independent states
2. Republic vs. Democracy
3. What will be the relationship
     between states and federal
     government?
4. Will congress be represented by
     state or population?
5. How will expansion be handled?
Governing of Western Lands

1. Land Ordinance of 1785
2. Northwest Ordinance of 1787
Land Ordinance of 1785
         Northwest
       Ordinance of 1787
1. Congress would appoint a territorial governor and
      Judges
2. When a territory had 5,000 voting residents, the settlers
      could write a temporary constitution and elect their
      own government.
3 When the total population of a territory reached 60,000
      free inhabitants, the settlers could write a state
      constitution, which had to be approved by congress
      before it granted statehood.
Drafting the Constitution
Nationalist rebel against the
      Confederation

  Shay’s Rebellion – Farmers
unrest against the debt they had
   incurred and wanted the
 government to provide relief.
James Madison and
Alexander Hamilton
called for a meeting
 of state delegates

   (Constitution
    Convention)
The conflict between the delegates
    leads to the one true great
        American Value:


      Compromise
                              f

                               G
The Style of Government became o
known as:                      v
                               e
Federalism – The division of r
power between the national     n
                               m
government and the local or state
government                     e
                               n
                        G
                        o
The New Government
                        v
                        e
3 Branches              r
1. Legislative Branch
2. Executive Branch     n
3. Judicial Branch      m
                        e
                        n
What each Branch would
       compose
There were 2 plans proposed for
   the legislative branch of
     government

New Jersey Plan                Virginia Plan
   *Single House Legislature     *Bicameral Legislature
   *Each State represented       *Representation based
       Equally                       Population
                                 *Lower house members
                                     Elected by the
                                     people
                                  *The lower house would
                                     elect the upper house
     The Great
    Compromise
1. One house would be represented
     based on population of the s
     state.
2. The other house ,
     representation would be
     based on all states counted
     equal
This Compromise produced
  what is today Congress
It is this compromise that produces
  the first signs of secession in the
                  US

 Southern states were wanting to
 count slaves for representation
    which would make their
   populations larger than the
         northern states
  Three-fifths Compromise


3/5’s of a states slaves would count for
    population and representation
The executive Branch would
be a President with basically
ceremonial powers to avoid
the dictatorship of a
Monarch, Elected by an
Electoral College format.
    The judicial Branch would
comprise the Supreme Court and
all the Federal and district courts
Separation of Powers Clause guarantees
no one branch can over take the others
     People became divided into two
               distinct groups:
Federalists            Anti-Federalist
1. In favor of         1. Did not believe in
      Constitution           constitution.
2. Stronger central     2. Wanted stronger
      government            State Government
The Constitution
   “If men were Angels , no
government would be necessary”


        James Madison
           The Constitution
• Written in 1787
• “Intended to govern now and be adoptive
  for years to come” – John Marshall
• All about “POWER”
• There are 7 articles
               Article 1

• Establishes the Legislative Branch
• There are 10 sections within the Article
           Article 1: Section 1
•   All powers vested in a Congress
•   “The Great Compromise”
•   535 Members
•   Each representative represents
    approximately 600,000
            Article 1: Section 2


• Standards for the House of Representatives
• Qualifications for being a member for the
  House of Representatives
        –   25 years of age
        –   Citizen for 7 years
        –   Inhabitant of the state in which you represent
        –   2 years terms
           Section 2 Cont’d


• Provide for the election of the Speaker of
  the House
• Impeachment process which takes a 2/3
  vote from the Members of the House.
            Article 1: Section 3
• Qualifications for being in the Senate
        –   6 Year terms
        –   30 years of Age
        –   Citizens for 9 years
        –   Inhabitant of the state you represent
        –   Election for 1/3 of the members every two years
        –   Vice President is head of the Senate
        –   President Pro-Tempore
         Article 1: Section 4


• Manner in which elections are held
• Sessions – at least once a year
         Article 1: Section 5
• Quorum –A majority of the members
            present in order to conduct the
            days business.
• Rules of conduct – established by the
                      individual house.
• Congressional records – Public information
         Article 1: Section 6
• Salary – Paid by the Government
• Privileged from arrest
• Can’t have a job in an agency established
  by congress
         Article 1: Section 7


• How a Bill becomes a law
• Veto Power
• Tax bills - Must originate in the HOR
          Article 1: Section 8
• Powers listed expressly for Congress
  – Taxation – lay and collect in order to pay debts
  – Credit – To borrow Money
  – Commerce - Regulate foreign Trade
  – Naturalization/Bankruptcy
  – Money – The power to coin money and set the
              standards of weights and measures
  – Counterfeiting – Provide the punishment
            Section 8 Cont’d

–   Post Office – Establish post offices and roads
–   Patents and Copyrights
–   Federal Courts – As they see fit
–   International Law – Piracies
–   War – to declare war on another country
–   Army/Navy – Raise and support Military, and
                  make the rules to govern the
                  Military
          Section 8 Cont’d

– Militia
– Establishment of land for Washington DC
– Elastic Clause – “The Necessary and Proper
                   Clause” Which says Congress
                   has the power to pass any law
                   which aides in the governing
                   of the previous laws set forth
                   by this convention
           Article 1: Section 9
• Powers that are prohibited to congress
  –   Slave Trade
  –   Habeas Corpus
  –   Ex post facto laws
  –   Export taxes
  –   Titles of Nobility
        Article 1: Section 10



• No state shall enter into a treaty with
  another country
• Keep and maintain war equipment during
  peace time
                  Article 2
• Establishes the Executive Branch
  – The President
  – All those who work or are appointed by the
    President
  – Job is to enforce or execute the law
         Article 2: Section 1
• Elected to 4 year terms
• Electoral College
• Succession – V.P.
• Salary – Compensated and not increased or
           decreased during the tenure of
           office
• Qualifications
       – Natural Born Citizen
       – 35 years of age
       – Lived in the US for 14 years
    Article 2: Section 1 Cont’d
• The Oath of Office

• “I do solemnly swear that I will faithfully
  execute the office of the president of the
  United States, and will to the best of my
  ability preserve, protect, and defend the
  constitution of the United States.”
          Article 2: Section 2
•   Military Powers – Commander-in-Chief
•   Pardons and Reprieves
•   Make Treaties
•   Appointment
•   Fill vacancies in the Senate
•   State of the Union Address
                 Article 3


• Judicial Branch
• Supreme Court and the federal district
  Courts
         Article 3: Section 1
• Supreme court – Decides if a law or action
                   is constitutional or
                   unconstitutional
• Judges are to be paid
• Congress has the power to create new lower
           courts as they see necessary
          Article 3: Section 2
• Judicial power shall extend to all cases –
            “Original Jurisdiction”
• Citizens guaranteed a trial by jury
         Article 3: Section 3




• Established what and how treason would be
  warranted in a case and the punishment
                Article 4
• The Relationship between the states and the
  national Government
• Relationship between the states and other
  states
• Relationship between the states and the
  people
            Article 4: Section 1


• Full Faith and Credit Clause
     •   Licenses
     •   Wedding certificates
     •   Public acts
     •   Judicial Proceedings
          Article 4: Section 2

• Citizenship – Citizens of one state shall be
                entitled to the privileges of
                citizens of another state
• Extradition – Criminals return to the state of
                 the crime
         Article 4: Section 3
• Admission of New States – New states must
    be formed from new territories
• Congress has the right to rule or govern
    other territories that are the property of
    the United States
         Article 4: Section 4



• The United States Will Guarantee to all
  states the right to a republic form of
  government
                  Article 5
• ¾ of the states to ratify and Amendment
• Amending the Constitution
     1. Freedoms Amendment
     2. Right to bear Arms Amendment
     3. Quartering Amendment
     4. Searches and Seizure Amendment
     5. Due Process Amendment
     6.Criminal Trial Amendment
     7. Civil Trial Amendment
     8.Unusual Bail and Punishment Amendment
         Article Cont’d
9. Rights of the People Amendment
10. Powers of the States Amendment
11. Lawsuits against the states Amendment
12. Election of the Executives
13. Abolished Slavery Amendment
14. Civil Rights Amendment
15. Black Male Suffrage Amendment
16. Income Tax Amendment
17. Direct Elections of Senators Amendment
        Article 5 Cont’d

18. Prohibition Amendment
19. Women’s Suffrage Amendment
20. Lame Duck Amendment
21. Repeal of Prohibition Amendment
22. Presidential Term Amendment
23. DC Voting Amendment
24. Abolition of Poll Tax Amendment
25. Presidential Disability and Succession Amendment
26. 18 year Old Suffrage
27. Congressional Pay
                 Article 6
• The supreme law of the Land
• National Govern Conform to the
  Constitution
• The constitution is the highest law in the
  land
• When there is a conflict between state law
  and constitution, the constitution over rules
  the state law.
                 Article 7
• Ratification
• Signers of the Constitution:
  – Delaware – George Reed, Gunning Bedford,
    John Dickinson, Richard Bassett, and Jacob
    Bacon
  – Maryland – James McHenry, Dan of St.
    Thomas Jenifer, and Daniel Carroll
  – Virginia – John Blair, James Madison
          Signers Cont’d
– North Carolina – William Blount, Richard
  Dobbs Spraight, and Hugh Williamson
– South Carolina – John Rutledge, Charles
  Cotesworth Pinckney, Charles Pinckney, and
  Pierce Butler
– Georgia – William Few, Abraham Baldwin
– New Hampshire – John Langdon, Nicholas
  Gilman
– Massachusetts – Nathaniel Gorham, Rufus
  King
          Signers Cont’d
– Connecticut – William Samuel Johnson, Roger
  Sherman
– New York – Alexander Hamilton
– New Jersey – William Livingston, David
  Brearley, William Patterson, and Jonathan
  Dayton
– Pennsylvania – Benjamin Franklin, Thomas
  Mifflin, Robert Morris, George Clyner, Thomas
  FitzSimons, Jared Ingorsoll, James Wilson,
  Gouveneur Morris
  To promote ratification of
constitution; The Bill of rights
was added for the protection of
  the states and the people.
The Bill of Rights
           1st    Amendment
                   (1791)
     Freedoms – Speech, Religion,
     Press, Assembly, and Petition
Persons are guaranteed this right until they violate someone
                 else's right to freedoms.
        2nd Amendment
            (1791)
            Right to Bear Arms
  Passed for the state militia to keep and maintain their
                 firearms in their Homes

Today means everyone has the right to maintain a firearm.
          3 rd    Amendment
                   (1791)
         Quartering Amendment

Says that the government cannot require the citizens of this
               country to house the military
          4 th    Amendment
                   (1791)
           Searches and Seizure
The authority cannot search your property without a search
             warrant and or probable cause.
      5th   Amendment
             (1791)
Pleading the fifth, Double Jeopardy
         Private Property
    6th   Amendment
           (1791)
Speedy public Trial by a jury of
         your peers
7th   Amendment
       (1791)
Jury trial in Civil cases
   8th   Amendment
          (1791)
Unusual Bail and Punishment
9th   Amendment
       (1791)
 Rights of the People
10th   Amendment
       (1791)
 Powers of the State
   Amendment 11
      (1795)

Lawsuits against the states
 Amendment 12
    (1804)
Election of executives
Amendment 13
   (1865)

Slavery abolished
        Amendment 14
           (1868)
                Civil Rights
1.   All persons Naturalized
2.   Representative shall be apportioned
3.   Can’t be Member of Congress If committed
     insurrection against Government
4.   Will not pay Debt during insurrection
5.   Power tom enforce the amendment
Amendment 15
   (1870)

 Male suffrage
Amendment 16
   (1913)

  Income Tax
   Amendment 17
      (1913)
Direct election of Senators
Amendment 18
   (1919)
  Prohibition
Amendment 19
   (1920)
Women’s Suffrage
Amendment 20
   (1933)
 “Lame Duck”
Amendment 21
   (1933)
Repeals Prohibition
Amendment 22
   (1951)
Tenure Amendment
   Amendment 23
      (1961)
Elector for Washing ton DC
Amendment 24
   (1964)
   Poll Tax
  Amendment 25
     (1967)
Disability and Succession
Amendment 26
   (1971)
18 year old suffrage
Amendment 27
   (1992)
Congressional Pay

								
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