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US Chapter 2- NEW
Transcript of US Chapter 2- NEW
THE CREATION OF GOVERNMENT
The Creation of Government
ATTEMPT #1- "The LOSER Constitution"
Conflict & Compromise
Dividing powers of government between state, local, and federal governments
Why does the Constitution open with these words?
The Constitution "A Living Document"
Strengths & Weaknesses of our Constitutional System
WRITE DOWN YOUR OPINION IN EACH BOX
THE ARTICLES OF CONFEDERATION
What was it?
Document that created a confederation of the states & served as its first constitution.
States held more power than the federal government
ONE branch in the federal gov- Legislative (called 'Continental Congress')
Congress controlled foreign matters only
Each state had an EQUAL vote (representation) in Congress, regardless of population
. provided a process for new territories to become states. (NO Slavery!)
What do we mean by STATE powers & FEDERAL powers?
Major problems with the A. of C.
States were not very "United" (separate currencies, armies, etc.)
Federal Government lacked strength
States held way too much power
ATTEMPT #2- The "WINNER" Constitution
THE UNITED STATES CONSTITUTION
The Constitutional Convention (1787)
To amend/change problems associated with the Articles of Confederation
Major focuses during the Convention
Unify the states as a NATION
State populations needed to be better represented in Congress
Grant more powers to the FEDERAL gov!
1. Representation of State populations:
i. NORTHERN STATES
- More population = more representation
ii. SOUTHERN STATES
- Representation should be equal
How to fairly represent state populations.
What about slaves... should they count?
THE GREAT COMPROMISE!
The creation of a BI-CAMERAL legislature to ensure fair representation of the states in Congress
The Virginia Plan
should be EQUAL
The New Jersey Plan
should reflect state population
SUMMARY OF THE GREAT COMPROMISE
How are states FAIRLY represented in the Federal Government?
Legislative Branch- (Congress)
New Jersey Plan
based on pop.
2 SENATORS PER STATE
HOUSE OF REPRESENTATIVES
Higher state population=
Bi- Cameral System:
SHOULD SLAVES COUNT TOWARD A STATE'S POPULATION?
3/5 of each state's slave population would
count toward total population.
2. TRADE CONTROL:
STATE VS. NATIONAL (Federal) GOV
DIVISION OF POWERS
Powers granted to the FEDERAL
Ex.) making treaties, coining $$,
maintaining a defense
Powers granted to the State/local governments
Ex.) health & safety, marriage laws, business & licensing regulations
Shared powers between the federal
& state governments
Ex.) roads/highways, tax collection, courts
THE FEDERAL GOVERNMENT
The THREE Branches of Government
Congress (Senate + House)-
MAKE the Laws
President & VP, + Cabinet-
ENFORCE the laws
INTERPRETS the laws
The STATE Governments
Carries out State Constitutions-
led by GOVERNOR
Perform state-mandated duties- led by a COUNTY EXECUTIVE
Performs various jobs for the local community- led by a MAYOR
The Supremacy Clause
The Amending Process
The Constitution is
the Supreme Law
of the Land
Amendments allow for the Constitution to change with time
Flexibility; interpretation can be "Necessary & Proper"
DEBATE OF RATIFICATION
- Yes! Federal govs power is
divided between three
Should the Constitution be Ratified???
- Persuaded people to ratify the Constitution
- No! The Constitution makes the Federal Gov. too strong,
- A "Bill of Rights" MUST be
The Federalists agreed to the
"Bill of Rights". With that, the US
Constitution was ratified in 1788
The Bill of Rights
rights were protected
WHAT IS IT?
Guarantees protection of civil liberties
Limits the power of Federal gov.
US Citizens cannot be denied of rights based upon race, gender
SEPARATION OF POWERS
Granting separate executive, legislative, and judicial responsibilities to the 3 branches of Gov.
CHECKS & BALANCES
One branch may
check/block the power
of another branch
To prevent one branch from obtaining too much power
Supreme Court MAY...
- Nominate Federal Judges BUT...
- Nominate Cabinet officials BUT...
- Sign Treaties, BUT...
SENATE MUST CONFIRM THEM
SENATE MUST CONFIRM THEM
SENATE MUST CONFIRM
- Appropriate $$, BUT...
- Impeach a president, BUT...
PRESIDENT DECIDES HOW TO
SUPREME COURT CONDUCTS
- Declare a presidential action unconstitutional, BUT...
- Declare a law unconstitutional,
CONGRESS CAN RE-VOTE
A SECOND TIME
Using the CONSTITUTION
Formal Procedure of Amendment:
Congress proposes an amendment by 2/3 vote each house
3/4 State legislatures must ratify the
Informal Methods of Change:
- Congress & the ELASTIC CLAUSE:
Allows flexibility on subjects that were unknown when the Constitution was written
JOHN ZHENGER CASE
1736; it established the necessity to protected 'Freedom of the Press' for democratic citizens