ppt unit 2 Const - Grants Pass School District 7

The Constitution
AP GOV FRYE
English precedent
1147 –
Henry II
mandates
trial by
jury
1215 –
Magna
Charta:
limits on
the crown
1688– Glorious
Revolution
1689 – Bill of Rights
1690 – Act of
Toleration
1295 –
Edward I –
Model
Parliament
1649 –
Execution of
Charles I
Hobbes
Leviathan
1650
1720s- First prime
minister; rise of
political parties
1700s – Country
vs Court
controversy
Rutherford
Lex Rex
1650
Locke 2d
Treatise
1689
Colonial precedent
Mayflower
Compact, 1620
Fundamental
Orders of Conn.
1638
Colonial
charters
Zenger trial, 1727
Right to independent jury
Right to free press
Revolutionary
Constitutions
Blackstone’s Commentaries
and Lord Mansfield's
reforms [mid-1700s]
The Articles…and Problems
 “league of friendship”
 9 of 13 required to act,
annual election of
Congress by state
legislatures for 1 year;
each state 1 vote
 No President, No
Judicial system
 No ability to tax –
and thus a tiny army
only
 13 currencies
 Does pass Northwest
Ordinance: bans
slavery, allows self
governance, funds
education
 British threats
 Indian raids
 States shoot at each
other over trade
 Vermont threatens
secession
 Shays Rebellion 1787
– veterans rebel in
west Mass.; state
forced to hire
mercenaries to stop
rebels.
 A collapsing
confederation?
The Road to a Constitution
Mt. Vernon Meeting 1785
Annapolis Meeting 1786
Shays Rebellion Jan, 1787
Ratification Debate – 1787-1788
•State Conventions
•* The Federalist Papers
•11 states ratify by 1788
FEDERALISTS
ANTIFEDERALISTS
•1788- Washington elected
June-Sep 1787
Philadelphia
Constitutional Convention
•Madison draft
•* Debates, amendments,
and approval
President – first government in
office by spring, 1789
1791 - Madison drafts and Congress
approves The Bill of Rights
The Founders - Federalists
▪ George Washington
 Leader, prestige, quiet
▪ James Madison
 Thinker, drafter
▪ Alexander Hamilton
 Cheerleader – wants strong
▪ George Mason
▪ William Paterson
▪ Ben Franklin
▪ Roger Sherman




national gov’t.
Stands up for the little guy
Stands up for small states
Peacemaker
Great Compromise
Debating Congress
The Virginia Plan
 2 house legislature which
would choose executive,
one house directly elected,
second chosen by 1st house
based on nominations by
state legs
 Council of Revision [exec
plus judiciary] can veto –
leg override
 required all 13 to amend
 strong national
government [ a veto over
state actions]
The Debate
 Vote by delegation
Secret, hot, sealed – 2 copies
of notes
 William Paterson’s New
Jersey Plan – 1 vote per state
unicameral Congress
 Franklin and R. Sherman
[CT] propose Great
Compromise – passes 5-42ab
 G. Mason [VA] and James
Wilson {PA] stand up for
commoners – popular vote
for House of Representatives
Arguments… and Compromises
 Congress – vote by state
or by size?
 Executive: One person, or
committee; how long in
office; how chosen?
 Federal control of
commerce?
 Slavery?
 …and are they people?
 Bicameral [two house]
legislature: Senate 2 votes
per state; House
delegation by size
 President, 4 year term;
indirect national election
 Yes…but capital will be in
South
 A state issue; imports of
new slaves to end in 1807
 3/5 compromise in terms
of census
Finishing up…
▪ Governour Morris
and Madison lead 5
man “Committee of
Detail” in final draft,
additions, further
debate and revision
then…
▪ Sep. 17 – released to
public
▪ Conventions and debates
▪ Federalist Papers [Hamilton.
Madison., Jay] …and antiFederalist papers
Mobocracy!
If men were
angels…
Future AP
Gub’mint
students
won’t recall
who I was
anyway
The purpose of government…
▪ 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.
Anti-Federalist Objections
Anti Federalist Issues
Federalist answer
▪ Too big a nation
▪ No mention of God
▪ Too strong a national government
– threatens liberty
▪ Fear of too much judiciary power
▪ Standing army
▪ Where’s the Bill of Rights?
“I
smell a rat”
Ambition will
check ambition
Patrick Henry
 A big nation will force us to
compromise
 That’s a state issue
 Checks and balances plus federalism
 Pshaw… the courts will be weak!
 Militias [Besides, the British may come
back!]
 Madison’s initial objection to
“parchment barriers” – but agrees to a
Bill of Rights later
Constitutional outline
▪ Article I – Legislative
– commerce clause
– elastic clause “necessary and proper”
▪ Article II – Executive
▪ Article III – Judicial
▪ Article IV – Interstate Relations
▪ Article V – How to amend
▪ Article VI – Supremacy
▪ Article VII – Ratification – 9 of 13
Who Picks the Rulers?
Congress [Legislative]
The
House
of
Representatives
The
The
President
{Executive}
Senate
Amendment
1913
Courts
{Judicial]
Approve Pres. choice
17th
The
The Electoral College
The States
The People
Parliamentary system
Prime
Minister
Cabinet
House of Commons
People
Limits and Liberty
Federalism
▪ Enumerated powers to
federal govt…Including
interstate commerce clause
▪ Reserved powers to states
▪ Concurrent powers
▪ Denied powers
Individual Liberties
 Habeas corpus [suspend
during invasion or
rebellion]
 No bill of attainder
 No ex post facto
 Trial by jury [criminal]
 No religious test for office
 Sanctity of contract [Full
faith and credit]
 Privileges and immunities
across state lines
Federal Checks and Balances
The Senate
6 yr term
Age 30 min
The House
2 yr term
Age 25 min
Senate approves
judge
Can impeach
Can amend law
Can rule unconstitutional
Can disapprove
appointments
Override veto; Impeach
and convict; control of
budget; pass laws
binding president
Veto laws, Commander in
chief, Command
bureaucracy
The Court
Life term =
independence
The
President
4 yr. term
Natural citizen
Age 35 min.
Appoints judge
Can rule illegal
Amendments
2/3 of
Congress
proposes
2/3 of State
legislatures
proposes
3 / 4 of states approve
by legislature
3 / 4 of states approve by
convention
Ways to informally amend…
▪ Federal law
– Ex: Voting rights
▪ Tradition
▪ Executive order
▪ Political party practice
▪ Judicial Review [precedent]
– John Marshall [CJ 1801-35]
– Marbury v Madison 1803… “An act of the legislative repugnant to
the Constitution is void … it is emphatically the province of the
judicial department to say what the law is.”
The Washington Years 1789-1797
 1791 – Bill of Rights [Madison… again]
 No precedent, so Washington sets the stage…
 The Cabinet
 “Mr. President”
 2 terms then home
 A new capital
 Parting advice…
“Don't make
permanent
alliances…
…and don’t
have political
parties”
The Bill of Rights 1791
▪ 1 – SPARP - Free expression
▪ 2 – Bear arms
▪ 3 – No quartering
▪ 4,5,6, - Trial rights [criminal]
▪ 7 – Civil trial by jury
▪ 8 – Bail and punishment
▪ 9 – Unlisted rights still exist
▪ 10 – States reserved powers