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Unit 2: Constitution

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Laura Case

on 29 September 2015

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Transcript of Unit 2: Constitution

"We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution."

http://goo.gl/BM1OqC

Questions to answer:
How many articles are there in the NC Constitution?
How many branches are there in the NC Constitution?
Describe the NC Declaration of Rights.
List 5 surprising things you learned from NC's Constitution.
Compare & contrast the US & NC Constitutions.
Unit 2:
US Constitution

Warm Up
1. What rights do you
have listed in the Constitution?

2. Give examples of how we
can see power & authority in
society.

3. What is the cartoonist trying to say in the cartoon above?

4. What were the weaknesses of the Articles of Confederation?
(see note sheet for #4)
Failures of the AoC
How would you fix it?
*Would you fix it or start over?*
Constitutional
Meeting that began on May 25, 1787 in Philadelphia
Goal:
Amend
the AoC
#1. What was it?
#2. Who went?
Delegates from all states except RI
No women, African Americans, or Native Americans
Ben Franklin
George Washington
James Madison
"Father of the Constitution"
Alexander Hamilton
#3. First Major Decisions:
George Washington will preside
#4. TBD...
1. What will be the structure of this gov't?
2. Who will lead us?
3. Who will choose the leader?
4. Who controls commerce?
5. Will states have rights?

*These issues caused a division among the delegates, forcing them to reach compromises.
Mother England had TOO much central power
The AoC didn't have ENOUGH central power
What is the happy medium?
Federalism
Conflict vs. Compromise
What is the difference between conflict & compromise?
Why is there often a need to compromise in heated situations?
Pretend that the SGA has enough money to invite a famous entertainer to perform at the Sadie Hawkins dance. Who should it pick?
Why would different groups want different entertainers?
Suggest a compromise that would make most people happy. Argue why this would work.
Constitutional
Warm Up
1. What is the difference between a conflict & a compromise?
"The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please."
- Thomas Jefferson -
2. What do you think T. Jefferson is saying in the quote above?

3. If you were a founding father, what are some of the fears you might have while creating a new government?

4. Do you think their fears were valid? Why or why not?
Issue 1:
How should each state be represented in Congress?
Virginia Plan
New Jersey Plan
James Madison's
3 branches of gov't
Legislative branch should be based on POPULATION
Favored by VA, PA, MA, NY
William Patterson's
Agreed with 3 branches
Wanted a unicameral legislature with EQUAL representation for all states (2 per state)
Favored by DE, NJ, CT
What compromise would you suggest?
Compromise:
The Great Compromise
aka the Connecticut Plan by Roger Sherman
A BICAMERAL legislature
One house based on population (House of Representatives)
Other house based on equal representation (Senate)
Issue 2:
Should slaves count as part of population or taxable property?
Southern States
Northern States
Wanted to count slaves as population to get more voting power in House of Representatives
Wanted to count slaves as taxable property. Argued that slaves couldn't vote, so should not be used in government.
What compromise would you suggest?
Compromise:
Three-Fifths Compromise
3 out of every 5 slaves would count towards representation in Congress & taxable property
Issue 3:
Should the federal government control interstate & foreign commerce?
Northern States
Southern States
Congress should be able to regulate both
Congress should NOT be able to regulate both
Feared taxes on goods and a slipping economy
Feared regulation might mean end to slave trade
= Trade = Barter
What compromise would you suggest?
Compromise:
Slave Trade & Commerce Compromise
Congress COULD regulate interstate & foreign commerce
Could NOT tax exports
Could NOT interfere with the slave trade before 1808
Issue 4:
How should the nation's chief executive be chosen?
Congress chooses
States whose legislatures elected the governor felt Congress should elect president.
Citizens choose
States whose citizens elected the governor felt that citizens should elect the president.
Citizens
Congressional Representatives
President
Citizens
President
What compromise would you suggest?
Compromise:
Electoral College
People vote in election and states give their electoral votes to the candidate that wins in their state
State's electoral votes = # of ppl. in Congress
For example... if Obama wins the majority of the votes in NC, then NC's 15 electoral votes go to Obama. The candidate that gets 270 electoral votes wins the election.
Issue 5:
Who should get more power -
states or federal government?
Federalists
Supporters of new constitution
Believed federal govt should be supreme
Thought states would not survive without strong central gov't
Alexander Hamilton, James Madison, & John Jay
Anti-federalists
Opposed ratification of new constitution
Believed liberties would be taken away (no BoR)
Favored wealthy over common ppl.
Thomas Jefferson, Samuel Adams, Patrick Henry
Compromise:
Bill of Rights
Federalists agreed to add Bill of Rights (1st 10 amendments) if Anti-federalists would ratify.

Ratified in 1789!
Federalists Papers
& Anti-Federalist Speech
US Constitution
Warm Up
1. Describe the difference between the VA & NJ plans.
2. What is the difference between Federalists & Anti-Federalists?
3. Explain the electoral college.
4. Describe 2 ways that the north and south disagreed at the Constitutional Convention.
5. Who attended the Constitutional Convention?
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
US Preamble
What are the goals of the Constitution
Is this a good intro for our nation's Constitution? Why or why not?
If you had to rewrite the preamble, how would you explain the 6 goals to your audience?
In your group, read your assigned article and define the key terms on your handout.

Everyone in your group must be prepared to explain your article to other students.
Constitutional Articles
Warm Up
Without using your notes... Describe:
1. Electoral College
2. VA & NJ Plans
3. Federalists vs. Anti-Federalists
4. 3/5ths Compromise
5. The pendulum that led to Federalism***
6. Purpose of the Convention?
Warm Up
Have your project ready to present.
You'll need to give me your rubric. Remember, you will have points deducted if you are not paying attention.
Warm Up
Which amendment? What does it mean?
1. Establishment Clause
2. Due Process
3. Right to privacy
4. Speech & sedition
5. Press
6. Petition
7. Assembly
8. Separation of church and state
9. Eminent domain
10. Cruel and unusual punishment
Before you read:
What does Hamilton think about ratifying the Constitution?
What does Patrick Henry think about ratifying the Constitution?
What are complaints against ratifying the Constitution?
Principles in the

Constitution

Popular
Sovereignty
Limited Government
Federalism
Separation of Powers
People should have the right to rule themselves (self-govt)

How do we see this?
Gov't should have limits on it's power

Prevents majority from limiting the minority
Clearly stated in Article I
Rule of Law - Everyone has to follow the law!
National & State gov't share power
Laws may vary from state to state
Supremacy Clause says Constitution/Nat'l gov't supreme
Expressed Powers
Reserved Powers
Concurrent Powers
Federal Powers
State Powers
Shared Powers
Maintaining army
Declaring war
Postal system
Immigration
Coin money
Trade within state
Set up schools
Rules for marriage
Licenses
Taxes
Borrow money
Set up courts
Prisons
Divide govt into 3 branches:
Legislative - makes laws
Executive - enforces laws
Judicial - interprets laws
Who's idea?
Keeps one group from having too much power
NC Constitution
Warm Up
Study your articles & amendments!
Warm Up
1. Draw checks and balances.
2. What is the difference between expressed, concurrent, & reserved powers? Give an example of each.
3. Study your notes!
Warm Up
1. Define suffrage. What are the suffrage amendments?
2. What is the difference between Anti-federalists and Federalists?
3. Describe the articles of the Constitution.
4. Describe the difference between the 3 branches.
5. Describe the difference between expressed, reserved, & concurrent powers - give an example of each.

11. Censor
12. Libel
13. Slander
14. Free Exercise
Warm Up
Define:
1. Amend
2. "Living document"
3. Bicameral
4. Ratify
5. Preamble
Warm Up
1. Define all 27 amendments and include the roman numeral.
2. Explain what "living document" means. Give an example.
Unit 2 Pre-Assessment
Colonial Complaints Against the British Monarchy
Reaction seen in the new government established by Articles of Confederation
one extreme
to the other
Basically...
the National Gov't was too
strong
Basically...
the National Gov't was too
weak
(& state gov'ts too strong)
Tyrant King
Taxation w/o representation in legislature
Unfair trials
Couldn't trade with other countries
Couldn't move past the Proclamation Line
Quartering troops
No executive leader
No national taxes
Each state represented in Congress
No national courts
No regulation of trade
NW Ordinance - encourages settlement in the NW
No national military
Only real success!
*Remember this?*
Introducing...
Concepts: Power & Democracy
Convention
Each state gets 1 vote

A simple majority wins (51%)

All meeting discussions are secret
Biggest decision: AoC is out!
*
*
Let's Review!
Compromises
Five
2. Articles
3 parts:
1. Preamble
3. Amendments
*Study for your quiz when you're finished.*
*Quiz today!*
*Study! Test Today!*
LEGISLATIVE
BRANCH
(Makes laws)
EXECUTIVE
BRANCH
(Enforces laws)
JUDICIAL
BRANCH
(Interprets laws)
suggests laws
suggests budget
commands troops
vetoes laws
calls special sessions of Congress
passes laws
passes budget
declares war
overrides veto with 2/3 vote
Senate approves appointments
declares laws unconstitutional
declares executive actions unconstitutional
appoints judges
pardons (forgives)
reprieves (postpones)
commutes (shortens)
amnesty (pardon group)
Senate approves treaties
Impeach President
Senate approves judges
Set # of courts & judges
Impeach judges
amend the Constitution
Full transcript