Test Guide Upcoming Test: Rough STUDY GUIDE LIST 1. Constitutional convention notes 2. 3 compromise worksheets 3. influences of the constitution notes 4. 6 goals of the preamble notes 5. outline of our government notes 6. federalists vs. anti-federalists 7. the three branches of government 8. Our living constitution 9. More on the Constitution notes 10. Bill of Rights worksheet
HOMEWORK I.D’S pg.197-222 Gouverneur Morris (197)- A powerful speaker and writer. He wrote the final draft of the constitution. Roger Sherman (199)- A person from Connecticut. He suggested what came to be known as the Great Compromise. Federalism (204)- Sharing power between the federal and state governments. One of the distinctive features of the United States government. Legislative Branch (204)- Part of the government. The lawmaking branch. Article I of the constitution established this branch. There were two houses: the upper house and the Lower House. Executive Branch (204)- The branch that carries out the nations laws and policies. It was headed by the president. Article II of the constitution established this branch. Judicial Branch (204)- Court System of the United States. Article III of the constitution established this branch.
Checks & Balances (205)- To keep one branch from gaining too much power, the framers built in this system. This system causes the three branches to check and limit each other. This caused no single branch to dominate the government. Enumerated/Delegated Powers (222)- One of the three types of government powers. Included the powers to coin money, regulate trade, maintain armed forces, and create federal courts. These powers only belonged to the federal government. Reserved Powers (222)- One of the three types of government powers. These powers retained by the states. They include such rights as the power to establish schools, pass marriage laws, and regulate trade within the state. Concurrent Powers (222)- One of the three types of government powers. These powers were shared by both the state and the federal government. Among these powers were the rights to raise taxes, borrow money, and provide the public welfare.
INFLUENCES OF THE CONSTITUTION Roseau
General Will
Baron de Montesquieu
3 branches of government Checks and Balances
Ancient Greece + Rome Magna Carta
Democracy and republicanism- people elect representatives
Ruler’s power should be limited
Articles of Confederation Declaration of Independence English Parliament
People have rights and they should be protected by the government
John Locke Jeremy Bentham
People have natural rights like life and liberty
Pursuit of happiness
Enlightenmen Laws should be based on knowledge, reason, and science t
6 GOALS OF THE PREAMBLE 1. To form a more perfect union Under the AOC, states functioned independently. Framers believed that the states needed to agree to operate as a single as a single country and cooperate on major issues 2. To establish justice Framers believed to treat each citizen equally with an important principle. Constitution provides national court systems to protect people rights. 3. To ensure domestic tranquility Shays rebellion shocked Americans. Constitution seeks to keep peace among people. 4. To provide for the common defense Under the AOC, the nation’s defense was the militia. The constitution gives the federal government power to maintain armed forces and to protect the country and citizens from attack 5. Promote the general welfare The Declaration of Independence’s purpose of government is to promote life, liberty, and pursuit of happiness for the people. The constitution maintains order, protects individual liberties, regulates commerce and bankruptcies, and promotes science and technology 6. Secure the blessings of liberty The framers major goal was to preserve liberty. The constitution guarantees no Americans basic rights will be taken away now or for prosterity.
CONSTITUTIONAL CONVENTION Who was there?
What was their goal? Who wasn’t there?
● 55 delegates met in Independence Hall in Philadelphia Pennsylvania from May to September of 1787 ● 12/13 states were present (Rhode Island feared a strong central government an did not go) ● George Washington, and was selected as president of the convention ● James Madison. Know as the “father of the Constitution” and took careful notes on everything that was said. ● rewrite or revise the AOC and set up a strong but limited central government
● John Adams and Thomas Jefferson was serving as an ambassador in Europe ● Samuel Adams, Patrick Henry, and John Hancock also feared a strong ventral government and did not attend About ● average age of delegates was 42 ● oldest age was Ben Franklin at age 82 the People, ● 2/3 were lawyers Please ● 1/3 owned slaves ● 1/3 were veterans ? ● no African Americans, woman, or native Americans ● WELL: -bred (come from a good family) -fed (rich) -read (smart) -wed (married into good families) ● secrecy was VERY important among them
CONSTITUTIONAL CONVENTION RESPONSE Question: Why do we need to know about the background of the people who met in the Constitutional Convention? (Your answer is probably different from mine, but I just included my answer just in case some of you guys want it)
It’s very important to know about the background of the people because it shows what our constitution was based on. The backgrounds of all the people are also important to know because we need to know who really were the people that created the rules and standards for our constitution. If we knew that the people who all met at the constitutional convention had a Chinese background, our lifestyle today would be very different. We also need to know about the people, because if we didn’t, we wouldn’t know that woman’s inputs weren’t accepted in the constitution. And finally, we need to know who was really committed to the constitution and who took what part in its creation.
CRITICAL THINKING QUESTIONS FOR COMPROMISIS OF THE CONSTITUTION (3 GREEN PAPERS) Critical Thinking Question A (back side) Virginia Plan=Big State Plan New Jersey= Small State Plan Combined both plans to create:
Created a bicameral legislature
2
Congress
House
people who make laws
Upper house Equal representation 2 senates per state Senate
House of Representatives
lower house representation based on population 435 representatives
Critical Thinking Question B (back side)
Slaves were counted as 3/5 of a person for both representation and taxation.
Critical Thinking Question C (back side)
Congress could regulate interstate trade, but could not regulate slave trade for 20
Between the states years (1808). Runaway slaves were considered property and must be retuned to their owners.
QUESTIONS ON WHAT WE’VE LEARNED DO FAR
1. What is legislative Branch? What dose it do? The branch that makes laws for the federal government 2. Describe the 3/5 compromise Where a slave was counted as 3/5 of a person. Northerners wanted slaves for tax but not representation, but southerners wanted them for representation but not tax. 3. What is federalism? Powers shared by the federal and state governments
What they share 4. What types of people wrote our constitution? Well fed (rich) Well bred (come from a good family) Well read (smart) Well wed (married into good families) 5. What are delegated powers? Coin money, declare war, make treaties
HOMEWORK I.D’S pg.206-209
Ratify (206)- To approve of something. Before the constitution could go into effect, 9/12 states needed to ratify it. State legislators set up special ratifying conventions to consider the document. Federalists (206)- Supporters of the new constitution. Three of the nation’s most gifted political thinkers were federalists: James Madison, Alexander Hamilton, and John Jay. These people backed up the ideas of the new constitution and defended it. John Jay (206)- A federalist. He was one of the nation’s most gifted political thinkers. He backed up the constitution defended it. Antifederalists (206)- Those who opposed ratification. These people criticized the constitution. They forced the government to create a Bill of Rights to protect the people’s rights. Mercy Otis Warren (206)- A Massachusetts opponent of the constitution. She expressed the problem faced by many antifederalists. She admitted the need for a strong government but feared it.
Questions on page 208-209 (#1-3) What group was opposed to ratification of the constitution? Who argued that the constitution could be changed if problems arose? What was Hamilton’s major argument in The federalist, no.70?
The antifederalists
The federalists??
Argued against the idea of a president with limited or few powers
CONSTITUTION SCAVENGER HUNT
Article I – Legislative Branch Article II – Executive Branch Article III – Judicial Branch
Legislative Branch
Congress House of Representative s (435 members) Article I, Sec. 2 Article I, Sec. 2, #2
1
Article I, Sec. 7, #1 Article I, Sec. 2, #5
3
2
People for the House of Representatives can be elected every 2 years To become a representative for the House of Representative, you must be at least 25, and a citizen for at least 7 years The House of Representatives can propose tax laws
4
The House of Representative can impeach the president
5
The term of office for member s of the US senate 6 years One must be 30 years old and a citizen for at least 9 years to be elected to the US senate The senate approves the people that the president appoints to government The senate approves treaties with foreign countries
Senate (100 members) Article I, Sec. 3, #1 Article I, Sec. 3, #3 Article II, Sec. 2, #2 Article II, Sec. 2, #2
6 7 8
Both Together
Article I, Sec 1
10
The Congress has law making legislative powers
Article I, Sec. 8, #11 Article I, Sec. 7, #2 Article V,
11
The congress has the power to declare war
12
If the president vetoes a law, congress can override the president’s veto with a 2/3 vote The congress has the power to make amendments to the constitution with a 2/3 vote
13
Executive Branch
President, Vice President, Cabinet Article II, Sec. 2, #1 Article II, Sec. 1, #5 Article I, Sec. 7, #2 Article II, Sec. 2, #2 Article II, Sec. 2, #2 Article II, Sec. 2, #2 Article II, Sec. 2, #1
14 15 16 17 18 19 20
The term of office for the president of the US is 4 years The president must be at least 35 years of age, native born, and 14 year old resident The president has the power to approve or veto laws The president has the power to make treaties with foreign countries The president has the power to nominate judges to the supreme court The president approves cabinet members The president is the commander and chief of the US military forces
Judicial Branch
Supreme and Federal Courts Article III, Sec. 1 Article III, Sec. 2, #1 Article III, Sec. 2, #1 Article III, Sec. 2, #1 Article I, Sec. 3, #6
21
Supreme Court justices serve for life
22
The Judicial Branch can declare laws unconstitutional The Judicial Branch can solves disputes within the US The Judicial Branch settles disputes between states
23 24 25
The Chief Justice can preside over impeachment trial of the president
HOMEWORK I.D’S pg.224-236 Implied Powers (224)- Powers not specifically mentioned in the Constitution. Congress had interpreted the clause, “make all laws that should be necessary and proper” means that congress has certain implied powers. Judicial Review (225)- The rights of the supreme court to determine if a law violates the constitution. It has become a major power in the Judicial Branch. IT is not mentioned in the constitution. Appropriates (227)- To set aside. The government cannot spend any money unless congress appropriates funds. Impeach (227)- To bring formal charges against. The HOR can impeach a federal official it suspects of wrongdoing. If an official is impeached, the senate acts as a court at tries the accused official. Constituents (227)- People that members of congress represent. All members of Congress have the responsibility of representing their constituents. Due Process of Law (235)- Means that the government must follow certain procedures that have been established by law and are guaranteed in the constitution. All people must be treated according to these principles. Citizen (236)- A person who owes loyalty to and is entitled to the protection of the state or senate. Citizenship is granted to anyone born in the US. Naturalization (236)- A way a person of foreign birth can become a citizen. They must be at least 18 years old. Quorum (dictionary)- A particularly chosen group Pardon (dictionary)- a release from the penalty of an offense; a remission of penalty, as by a governor
THE AMENDMENT PROCESS -
the Constitution can be amended/changed over time the amendment process is hard to discourage minor or frequent changes
In order for Congress to talk about it… 2/3 of both houses of congress approve the proposal OR A constitutional convention is called by congress by the request of 2/3 of the 50 states
In order for Congress to approve it… ¾ of the 50 state legislatures OR ¾ of the constitutional conventions called by the 50 states -
Congress has the power to meet changing conditions “elastic clause” Article I, Sec 8 Congress can make all laws which are “necessary and proper” for executing powers of the government
THE BILL OF RIGHTS (BACK SIDE) 1. 2. 3. 4.
It was the anti-federalists who insisted on a Bill of Rights The first 10 amendments to the constitution are known as the bill of rights The amendments were ratified/approved in 1791 These amendments protect basic liberties and rights as well as limit the power of the government
WHAT IS NOT ON THIS STUDY GUIDE BECAUSE YOU ALREADY HAVE THE WORKSHEET ● Our Living Constitution (How a bill becomes a law) ● Critical Thinking Questions for Compromises of the Constitution - Critical Thinking Question A (front side only) - Critical Thinking Question B (front side only) - Critical Thinking Question C (front side only) ● Cornell Notes: Outline of our Government (not Homework ID’s) ● Cornell Notes: Federalists vs. Anti-federalists (not Homework ID’s or questions) ● Chart of the 3 Branches of Government (even though I already made my own version) ● Bill of rights (the orange sheet) -front side only ● Cornell Notes: More on the Constitution (not Homework ID’s)