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US Chapter 2- NEW

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Teri Lina

on 21 October 2016

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Transcript of US Chapter 2- NEW

Notes
Article I-
LEGISLATIVE BRANCH
Article II-
EXECUTIVE BRANCH
Article III-
JUDICIAL BRANCH
THE CREATION OF GOVERNMENT
The Creation of Government
ATTEMPT #1- "The LOSER Constitution"
Conflict & Compromise
Federalism
Definition:
Dividing powers of government between state, local, and federal governments
THE PREAMBLE
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.
KEY COMPONENTS:
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
NORTHWEST ORDINANCE:
. provided a process for new territories to become states. (NO Slavery!)
1.
2.
3.
4.
5.
What do we mean by STATE powers & FEDERAL powers?
NY- Albany
Governor Cuomo
Regents
Driver's License
Marriage
Gun Laws
Washington DC
President Obama
Capitol Building
War
Laws
Civil Rights
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)
PURPOSE:
To amend/change problems associated with the Articles of Confederation
Major focuses during the Convention
1.
Unify the states as a NATION
2.
State populations needed to be better represented in Congress
3.
Grant more powers to the FEDERAL gov!
1. Representation of State populations:
ISSUE:
i. NORTHERN STATES
- More population = more representation
ii. SOUTHERN STATES
- Representation should be equal
How to fairly represent state populations.
ISSUE:
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
Representation
should be EQUAL
The New Jersey Plan
Representation
should reflect state population
SUMMARY OF THE GREAT COMPROMISE
How are states FAIRLY represented in the Federal Government?
Legislative Branch- (Congress)
New Jersey Plan
Virginia Plan
Equal
representation
Representation
based on pop.
SENATE
2 SENATORS PER STATE
HOUSE OF REPRESENTATIVES
Higher state population=
more representatives
Bi- Cameral System:
TWO-HOUSE
LEGISLATURE
SHOULD SLAVES COUNT TOWARD A STATE'S POPULATION?
NORTH:
SOUTH:
3/5 COMPROMISE:
3/5 of each state's slave population would
count toward total population.
2. TRADE CONTROL:
FOREIGN:
INTERSTATE:
INTRASTATE:
Congress
Congress
State
NO!
YES!
STATE VS. NATIONAL (Federal) GOV
DIVISION OF POWERS
DELEGATED POWERS
Powers granted to the FEDERAL
(central/national) government
Ex.) making treaties, coining $$,
maintaining a defense
RESERVED POWERS
Powers granted to the State/local governments
Ex.) health & safety, marriage laws, business & licensing regulations
Concurrent Powers
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
Supreme Court-
INTERPRETS the laws
The STATE Governments
State Governments
County Governments
Town 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
"Elastic Clause"
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
Federalist Arguments:
VS
- Yes! Federal govs power is
divided between three
branches
Should the Constitution be Ratified???
"Federalist Papers":
- Persuaded people to ratify the Constitution
Anti-Federalist Arguments:
- No! The Constitution makes the Federal Gov. too strong,
- A "Bill of Rights" MUST be
added
Federalist Victory
The Federalists agreed to the
"Bill of Rights". With that, the US
Constitution was ratified in 1788
The Bill of Rights
PROPOSED BY:
The Anti-federalists
Because:
to ens
ure people's
rights were protected
Amendments 1-10
WHAT IS IT?
Guarantees protection of civil liberties
Limits the power of Federal gov.
Amendment 14-
US Citizens cannot be denied of rights based upon race, gender
& creed
SEPARATION OF POWERS
Granting separate executive, legislative, and judicial responsibilities to the 3 branches of Gov.
CHECKS & BALANCES
DEFINITION:
One branch may
check/block the power
of another branch
PURPOSE:
To prevent one branch from obtaining too much power
President MAY...
Congress MAY...
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
SPEND IT
SUPREME COURT CONDUCTS
THE TRIAL
- Declare a presidential action unconstitutional, BUT...
- Declare a law unconstitutional,
BUT...
CONGRESS INITIATES
IMPEACHMENT
CONGRESS CAN RE-VOTE
A SECOND TIME
Using the CONSTITUTION
Formal Procedure of Amendment:
STEP 1:
Congress proposes an amendment by 2/3 vote each house
STEP 2:
3/4 State legislatures must ratify the
amendment
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
Full transcript