Chp_2.ppt
- 2. The Constitution This was not the first document that the newly formed United States attempted to use to form a government. The Articles of Confederation were set up in direct conjunction with the fear most colonists had of falling back under a dictatorship or monarchy. They went into effect in 1781.
- 3. The Articles of Confederation This document created a “league of friendship” with little power going to the federal government at all. The federal government could not regulate commerce or levy taxes. States were still sovereign and independent. But it could run the post office. John Hancock was elected to the meaningless office of president.
- 4. The Articles of Confederation It became clear that the Articles were all but worthless and something needed to be done. Thus, the Constitutional Convention of 1787 was called. Shay's Rebellion further pointed out the flaws in the Articles.
- 5. The Constitutional Convention The biggest argument that would arise out of the Constitutional Convention was the debate between the Virginia Plan and the New Jersey plan. The Great Compromise combined these to form our Congress. House of Representatives apportioned by population. Senate where every state gets two representatives.
- 6. A Constitutional Democracy The Founding Fathers set up a constitutional democracy- specifically, a constitutional republic. Powers were divided amongst the three branches of government. – Congress – Presidency – The Courts
- 7. Federalism and the Separation of Powers A Federalist system wherein power is shared between the federal and state governments. This is done via different types of powers – Enumerated powers- Federal gov't alone – Reserved powers- State gov'ts alone – Concurrent powers- both levels of gov't
- 8. What is a Constitutional Democracy? It is a representative form of government where strict legal limits are placed upon the use of power so that those with authority can not threaten people's liberty. Often, conflicts emerge between groups about how best to run government. To protect the rights of the minority as the majority rules, a constitution is used to define and restrict powers.
- 9. Where did our Constitution come from? Drawn from the ideas of Thomas Hobbes and John Locke, political philosophers of the Enlightenment period. Specifically, social contract- that people allow government to rule and have the right to rebel if unhappy. Unalienable rights- life, liberty, property (Locke), Jefferson added in happiness.
- 10. Ratification There were two sides: The Federalists and the Anti-Federalists. The Anti-Federalists demanded the inclusion of a Bill of Rights to keep government from becoming too powerful. The Federalists supported the new constitution and began writing the Federalist Papers. Madison, Hamilton, and Jay were the authors of the Federalist Papers.
- 11. Ratification The Framers' wanted a limited national government that allowed people to have a voice even at the federal level. They had four goals: Be strong enough to meet the nation's needs. Not threaten the existence of the states. Not threaten the liberty of citizens. Establish government around popular consent.
- 12. Bill of Rights It guarantees the protection of a writ of habeas corpus and outlaws bills of attainder. Prohibits the passing of ex post facto laws. It also protected several civil liberties, including: Freedom of Speech Freedom of Religion Right to refuse Search and Seizure Right not to testify against one's self or one's spouse.
- 13. Equality within the Constitution The Constitution was designed so that many could not deny the rights of the few. Majority rules, minority rights. The Founders' sought to fight against political privilege while at the same time enshrining it by virtue of who was allowed to vote. However, by having a process for amending the Constitution, it allowed for the expansion of voting rights.
- 14. Amending the Constitution An amendment to the Constitution can come about in two ways. Either Congress proposes it with a 2/3 majority 2/3 of all state legislatures call for a national convention The amendment must then be ratified by ¾ of state legislatures or by ratifying conventions by the same margins.
- 15. Constitutional Change Only 33 amendments have ever been formally proposed. Only 27 amendments ratified. The Bill of Rights were ratified on December 15, 1791.
- 16. Making Changes without Amendments Sometimes, tweaks can happen without requiring an amendment to the Constitution. One such example is the 1996 Line Item Veto Act. It gave the president the power of line item veto, but only when dealing with specific types of bills.