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GOVT10_SidlowHenschen_Ch02.pdf

The Constitution

2

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LEARNING OUTCOMES

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1.  Point out some of the influences on the American political tradition in the colonial years

2.  Explain why the American colonies rebelled against Britain

3.  Describe the structure of government established by the Articles of Confederation and some of the strengths and weaknesses of the Articles

LEARNING OUTCOMES (continued)

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4.  List the major compromises made by the delegates at the Constitutional Convention, and discuss the Federalist and Anti-Federalist positions on ratifying the Constitution

5.  Summarize the Constitution’s major principles of government, and describe how the Constitution can be amended

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America at Odds: Should We Elect the President by Popular Vote?

Do you believe that a candidate elected by popular vote would be more representa@ve of the na@on than a candidate elected by the electoral college? Why or why not?

Why might the electoral college issue threaten to become a par@san one?

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Beginnings of American Government: First English Settlements

•  Plymouth colony •  First New England colony founded by the

Plymouth Company in 1620 •  Settlers drew up the Mayflower Compact- Stated that laws were to be made for the general good of the people ➖ Consent of the governed ➖ Self government (from London)

•  All 13 colonies had their own political documents and constitutions

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Colonial Legislatures

•  Known as representative assemblies •  Consisted of representatives elected by the

colonists •  Virginia House of Burgesses

•  Earliest colonial legislature that was established in 1619

•  Helped colonists establish their own constitutions after declaring independence

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The Rebellion of the Colonists

•  Britain’s relationship with its American colonies changed after the French and Indian War •  The British obtained revenues to pay its war

debts and to finance the defense of its expanded North American empire by: ➖ Imposing taxes on American colonists ➖ Exercising more direct control over

colonial trade •  Colonists began to develop a sense of

identity separate from the British

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Taxation without Representation

•  Sugar Act, 1764 •  Tax was imposed on all sugar imported to

the American colonies •  Led to a nonimportation movement

•  Stamp Act, 1765 - First direct tax imposed on colonists •  Required all legal documents to use the

government’s specially embossed paper •  Viewed to be contrary to the principle of

representative government

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Further Taxes and the Coercive Acts

•  Laws imposed taxes on glass, paint, lead, and other items •  Colonists protested by boyco:ng all Bri<sh goods

1767

•  Anger over taxa<on led to the Boston Tea Party

1773

•  Coercive Acts were passed- closed Boston Harbor and places MA under direct Bri<sh Control

•  Government of MassachuseFs was placed under direct Bri<sh control

1774

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Continental Congresses

First Con4nental Congress (1774)

• Gathering of delegates from 12 of the 13 colonies that met to protest the Coercive Acts

• Sent a pe<<on to King George III explaining their grievances

Second Con4nental Congress (1775)

• Congress of the colonies that met to assume the powers of a central government and to establish an army

• Resulted in George Washington being named as the commander in chief

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Gaining Independence

•  Thomas Paine’s Common Sense •  Represented his arguments for independence in

a pamphlet •  Mocked King George III •  America could survive on its own economically •  All complaints already being discussed •  Helped sever the remaining ties of loyalty to the

British monarch •  July 4, 1776

•  The Declaration of Independence was adopted •  Colonies became sovereign states

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From Colonies to States

§  July 4, 1776—The Declaration of Independence §  Thomas Jefferson modified his draft and his

condemnation of the slave trade to appease Georgia and North Carolina §  Universal truths §  All Men are created equal, guaranteed unalienable

Rights of Life, Liberty and the Pursuit of Happiness §  Natural rights and social contracts §  Locke- life, liberty, and property §  Social contract among the people to form a government

and abide by its rules, while government protects natural rights

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From Colonies to States

§  The Significance of the Declaration §  All men are created equal §  Established the legitimacy of the new nation

in the eyes of foreign governments, and colonists

§  Without foreign support the revolution could not have been a success

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Confederation of States

•  Confederation: League of independent states that are united only for the purpose of achieving common goals

•  Articles of Confederation: Nation’s first constitution •  Established a national form of government

following the American Revolution •  Provided for a confederal form of

government in which the central government had few powers

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Figure 2.2 American Government under the Articles of Confederation

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Figure 2.3 Powers of the Central Government under the Articles of Confederation

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Figure 2.4 Lack of Central Government Powers under the Articles of Confederation

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Crisis in Newly Formed States

•  States refused to support the central government •  States taxed each other’s imports and at

times even prevented trade altogether •  Shays’ Rebellion

•  Rebellion of indebted farmers in western Massachusetts in 1786

•  Led by former Revolutionary War captain Daniel Shays

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Crisis in Newly Formed States: The Annapolis Meeting

•  Delegates from five states met to discuss extending national authority to issues of commerce •  Constitutional Convention, 1787 ➖ Held in Philadelphia ➖ Convention of state delegates to amend

the Articles of Confederation ➖ New constitution was written to establish

a federal form of government

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Drafting and Ratifying the Constitution

•  Delegates to the Constitutional Convention comprised an elite assembly •  Included Alexander Hamilton, James

Madison, and Benjamin Franklin •  Some leaders including Thomas Jefferson,

John Adams, and Patrick Henry were absent

•  No ordinary farmers or merchants were present

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Virginia Plan

•  Fifteen resolutions were presented by the governor of Virginia

•  Favored larger states and called for: •  Bicameral (two-chamber) legislature •  National executive branch, elected by the

legislature •  National court system, created by the

legislature

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New Jersey Plan: Alternative to Virginia Plan

•  Favored the smaller states •  Congress would regulate trade and impose

taxes •  Each state would have one vote •  Acts of Congress would be the supreme law

of the land •  Executive office of more than one person

would be elected by Congress •  Executive office would appoint a national

supreme court

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The Great Compromise

•  Plan for bicameral legislature •  Lower chamber (the House of

Representatives) ➖ Number of representatives was based on

the population •  Upper chamber (the Senate) ➖ Consisted of two members from each

state and each member would be elected by the state legislature

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Other Compromises

•  Three-fifths compromise •  Three-fifths of all slaves were counted for

purposes of representation in the House of Representatives

•  Resulted in continued slave importation in the South

•  The South agreed to let Congress regulate interstate commerce •  Constitution banned export taxes on state

products

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Defining the Executive and the Judiciary

•  President - Independent executive •  Commander in chief of the army and navy

and of the state militias •  Has extensive appointment powers •  Chosen by the voters

•  U.S. Supreme Court - Independent judiciary •  Has the power to impeach and remove

federal officials from office

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Final Draft and the Ratification Debate

•  September 17, 1787 •  Final draft of the Constitution was approved

by 39 delegates •  Ratification of the Constitution set off a

national debate between the Federalists and the Anti-Federalists

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Federalists and Anti-Federalists

Federalists

•  Supported crea<on of a federal form of government and adop<on of the Cons<tu<on

•  DraOed the Federalist Papers in defense of the Cons<tu<on

•  Won in all of the state conven<ons leading to ra<fica<on of the new Cons<tu<on

An4-Federalists

•  Opposed strong central government and the new Cons<tu<on

•  Argued for a bill of rights, which was granted and turned the <de in favor of the Cons<tu<on

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The Constitution’s Principles of Government

•  Government can do only what the people allow it to do through the exercise of a duly developed system of laws

Principle of limited government

•  People form the government and decide on the powers that the government can exercise

Popular sovereignty

•  Requires those who govern to act in accordance with the established law

Rule of law

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Principle of Federalism or Federal System

•  Central government shares sovereign powers with the state governments

•  National powers •  Supremacy of the Constitution and laws

created by the national government •  Powers granted by the commerce clause

•  State powers •  Power to regulate interstate commerce •  Authority to exercise powers that are not

delegated to the central government

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Separation of Powers

•  Madisonian Model •  Governmental powers are divided among

the legislative, executive, and judicial branches of government

•  Principle of checks and balances •  Each of the three governmental branches is

given the means to check the actions of the others

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Figure 2.5 Checks and Balances among the Branches of Government

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Figure 2.6 The Process of Amending the Constitution

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Gun Violence in the United States Click picture to play video

Vox explains the state of gun violence in the U.S.

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Questions

•  Should the Second Amendment be changed or should federal restrictions be placed on gun ownership? •  Why or why not?

•  “The truth is, mass shootings are unlike most gun deaths in America. America doesn’t have a gun problem; it has several of them” •  Discuss

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Questions (continued)

•  What is to blame for the prevalence of gun violence in the United States, guns or people? •  Share your views with the class and discuss

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KEY TERMS

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•  Mayflower Compact •  Bill of Rights •  First Con@nental

Congress •  Second Con@nental

Congress •  Unicameral

legislature •  Confedera@on

•  Ar@cles of Confedera@on

•  Shays’ Rebellion •  Cons@tu@onal

Conven@on •  Bicameral

legislature •  Great Compromise

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KEY TERMS (continued)

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•  Three-fiZhs compromise

•  Interstate commerce •  Federalists •  An@-Federalists •  Fac@on •  Tyranny •  Rule of law •  Federal system

•  Commerce clause •  Madisonian

Model •  Separa@on of

powers •  Checks and

balances •  Veto power

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SUMMARY

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• Colonists developed the understanding of limited and representa@ve governments

• Ar@cles of Confedera@on provided for a confederal form of government

• Principles of the government under the Cons@tu@on •  Limited government, popular sovereignty, the rule of law, federalism, separa<on of powers, and principle of checks and balances

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