The United States Constitution
Adapted from http://www4.esc13.net/uploads/ss/docs/constitution/Constitution_Day_elementary.ppt. https://www.georgiastandards.org/Frameworks/GSO%20Frameworks/American-Government-Civics-Unit6-ConstitutionalConvention.ppt. http://st-descartes.esuhsd.org/~phippsb/page4/files/PPT-The%20U.S.%20Constitution.ppt
Path to the Constitution After declaring independence from Great Britain, the colonies knew that if they wanted to grow After they declaring and prosper, would independence fromunity. Great Britain, need a plan for
Magna Carta 1215
the colonies knew to grow and Effective March a1,plan 1781, prosper, they needed for unity. Effective were March governed 1, 1781, the the colonies colonies were governed by the by the Articles of Articles of Confederation. Confederation.
Mayflower Compact 1620
Thomas Jefferson Author of the “Declaration of Independence”
English Bill of Rights 1689
Declaration of Independence 1776
Articles of Confederation 1781
Path to the Constitution The Articles of Confederation posed many challenges. The powers of the central government were weak and the Articles were impossible to amend.
John Adams Founding Father and 2nd President
Articles of Confederation 1781
The Federalist Papers 1787-1788
United States Constitution 1788
Why was the Constitution written? • Shays’ Rebellion: – An uprising of farmers in Massachusetts in 1786 – led by Daniel Shays. – Helped convince leaders that a strong central government was needed.
"A scene at Springfield, during Shay's Rebellion, when the mob attempted to prevent the holding of the Courts of Justice."—E. Benjamin Andrews, 1895
Path to the Constitution In May of 1787, delegates from each state met to write a new Constitution. Through discussion and debate over issues like states’ rights, individual rights, and the power of the national government, a compromise was made and the result became the “law of the land,” the U.S. Constitution. James Madison “Father of the Constitution”
United States Constitution
1788
Amendments The Bill of Rights 1791
11-27 1795-1992
Constitutional Convention • Met in Philadelphia, PA • Original intent was to revise the Articles of Confederation • James Madison was the “Father of the Constitution” • 39 men signed it in 1787
Constitutional Convention: Members • 55 delegates from 12 states (Rhode Island did not send delegates) • White • Males • Statesmen, lawyers, planters. bankers, businessmen • Most under age 50
Constitutional Convention: Absent • John Adams - ambassador to England • Thomas Jefferson - ambassador to France • Patrick Henry - “smelled a rat” • Samuel Adams - not chosen by state to be part of the delegation
Constitutional Convention: Famous Members • Alexander Hamilton – Proponent of strong government • George Washington – President of the convention • James Madison – “Father of the Constitution” • Benjamin Franklin – Oldest member at 81
Federalists v. Anti-Federalists • Federalists: – Supported the Constitution and a strong central government – Alexander Hamilton, James Madison, John Jay – Federalist Papers – series of articles written in defense of the Constitution
• Anti-Federalists: – Supported a weaker central government – felt too much power was taken away from the states – Opposed the Constitution – Wanted a Bill of Rights included – Samuel Adams, Patrick Henry
Celebrate the Constitution
Popular Sovereignty
“The Constitution is the guide which I never will abandon. -George Washington
September 17, 1787 was a glorious day! The U.S. Constitution was finally signed by the delegates of the Constitutional Convention. The Constitution included a strong central government based on compromise; it outlined national powers and provided provisions for amending the Constitution.
Checks and Balances
George Washington President of the Constitutional Convention and 1st President
Limited Government Separation of Powers
Ratification • Officially adopted in 1788 after ratified by New Hampshire. • Once the new government convened, they added a Bill of Rights to the Constitution.
A Living Document Because there was so much interest and debate regarding individual rights, on December 15, 1791, ten amendments known as the Bill of Rights were added to the U.S. Constitution. Since then, seventeen more amendments have been added to the Constitution.
Individual Rights
Federalism
Republicanism
Benjamin Franklin Signer of the Constitution and Founding Father
Celebrate the Constitution Today Today, the “law of the land” is still the U.S. Constitution. It has sustained controversial issues, a civil war, and the changes that 200 years of American society brings. But it is strong and enduring.
The Constitution of the United States was made not merely for the generation that then exist, but for the posterity - unlimited undefined, endless, perpetual posterity -Henry Clay (1877-1852) American statesman - U.S. Congressman and Senator
Constitution Vocabulary • • • • • •
Ratify: To agree to, to sign, to approve Amend: To add to, to change Veto: To refuse to sign, to reject Bill: A proposed law Suffrage: The right to vote Bicameral: 2 house legislature (2 house Congress) • Impeach: To accuse of wrongdoing
A Living Document •
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LOOSE INTERPRETATION A.K.A. “Loose Construction of Constitution” – Interpretation of Constitution must be flexible – People change, society changes, technology changes-Constitution must adapt – What the Constitution doesn’t say EXPLICITY, the branches of government can do Who supports a loose interpretation? Answer: Federalists, Liberals
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STRICT INTERPRETATION A.K.A. “Strict Construction of Constitution” – Constitution should remain the constant – The Constitution must be the measure of social, ethical, and moral change – Government can ONLY do what the Constitution EXPLICITLY says Who supports a strict interpretation? Answer: Anti-Federalists, Conservatives
A Living Document
The Constitution is both a product of its time and a document for all time. It can be changed as society’s needs change.
A Document for All Time • Original Constitution a product of its time – Reflects wisdom and biases of the Framers; relatively few changes in over 220 years – Survived the Civil War, presidential assassinations, and economic crises to become world’s oldest written constitution • Original document not perfect – Perpetuated injustices with compromises permitting slavery and the slave trade – States given power to set qualifications for voting; women, nonwhites, and poor people denied right to vote – Decisions reflected societal attitudes of the times • Ability to incorporate changing ideas of freedom and liberty keeps document relevant to each new generation since 1789
A Constitution for All Generations
The Constitution is the Blueprint 4,500+ words • Constitution blended ideas from the past with uniquely American principles of governing • Three main parts: 1) Preamble – lists purposes of Constitution (broad goals) 2) The 7 articles – create structure of the U.S. government 3) The 27 amendments – changes added during the nation’s history
Basic principles • Structure and language expresses six basic principles: Popular sovereignty Limited government Separation of powers Checks and balances Judicial review Federalism
Framers believed if federal government reflected and remained true to basic principles, goals of U.S. Constitution could be accomplished.
& Majority Rule – a system in which the group that has the most members makes decisions
Majority Rule
Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch.
Federalism • The powers of government are distributed between the national government and state governments • Framers struggled to find acceptable distribution of powers with the rights of states and sufficient national government strength
Enumerated powers: Items found in Article I, Section 8 of the U.S. Constitution that set forth the powers of Congress. Delegated Powers: Powers given specifically to the federal government by the Constitution
Concurrent Powers (Shared Powers): Authority shared by both the federal government and the state governments
Reserved Powers: Powers not given to the federal government that can be used by a state or local government
Structure of the Constitution • Preamble: – Statement of purpose
• Articles: I: Legislative Branch II: Executive Branch III: Judicial Branch IV: Relations Among the States V: Amendment Process VI: National Supremacy VII: Ratification
• Amendments: – 27 Total – 1st ten are the Bill of Rights
The Preamble
How the Constitution is Divided 1. Articles – the major divisions 2. Sections – divisions of an article 3. Clauses – divisions of a section
Article I: Legislative Branch • Section 1: What is a Congress? Legislative (law-making) power in a bicameral legislature [2 houses: Senate and House of Representatives] • Section 2: House of Representatives
Article I: Legislative Branch • Section 3: Senate • Section 4: Meetings of Congress • Section 5: Rules and Procedures • Section 6: Privileges and Restrictions
Article I: Legislative Branch • Section 7: How a Bill Becomes a Law • Section 8: Powers of Congress • Section 9: Powers Denied to Congress • Section 10: Powers Denied to States
Article 2: Executive Branch • Section 1: President and Vice President • Section 2: Powers of the President • Section 3: Duties of the President • Section 4: Impeachment
Article 3: Judicial Branch • Section 1: Federal Courts • Section 2: Jurisdiction of Federal Courts • Section 3: Treason
Article 4: Relations Among the States • Section 1: Official Acts • Section 2: Privileges of Citizens • Section 3: New States • Section 4: Guarantees of the States
Article 5: The Amendment Process
Article 6: National Supremacy • Section 1: National Debt • Section 2: National Supremacy • Section 3: Oath for Government Officials
Article 7: Ratification • 9 states needed to ratify the Constitution • Signed September 17, 1787