10/6/11. A look at the history and organization of US Constitution

Transcription

1 A look at the history and organization of US Constitution During Revolution, the states created a confederation. Loose association of states. Continental Congress responsible to war effort during the Revolution. U.S. first constitution was the Articles of Confederation, ratified in Most political authority belonged to the states. National government consisted only of a Legislature. Extremely limited power. Founders believed that a strong national government was the root of all evil. Inability of national government. Congress did not have money and did not have the power to tax. National government had no means of enforcing laws National government could not punish law breakers. Congress was at mercy of states. Congress could not regulate trade. Congress had difficulty managing foreign affairs and paying off war debt. Interstate relations were lacking! States weren t getting along! 1

2 By mid-1780 s it was obvious that revision of Articles of Confederation was necessary. Success of our country depended on it! Congress called for a meeting in 1787 brainstorm ways to improve the Articles of Confederation. Fifty-five delegates, from 12 states, attended the Convention: Most were young. Most had played a role in American Revolution. Most had some political experience. Whose who at the Convention: James Madison: Father of Constitution. George Washington: Not interested in being a part of politics, nominated president of the Convention. Ben Franklin: Encouraged the delegates to cooperate when they disagreed. Gouverneur Morris: Wrote Constitution and prepared final draft. Rules of the Convention: Throw Articles out and start new! Revision of Articles required unanimous vote since only 12 states showed, this was impossible! Vow of secrecy. Secrecy would take the pressure off; better chance of approval if people didn t know ins and outs. Give each state one vote in convention proceedings. Gain cooperation of small states. 2

3 Basic ideas that should be included in new constitution: Constitutional government (limits on power). System of checks and balances & separation of powers. Majority rule Purpose of government is to protect natural rights and promote common good. Federal System Strong national government Republican form of government. In Order to form a more perfect Union Popular Sovereignty Limiting the Power of Government Sharing of Power Separation of Powers Checks and Balances 3

4 We the people Where does the government s power and authority come from? The people You! Why did the Framers want Limited Gov t? British Tyranny What does limited government mean? Gov t can only do things the people let it do Gov t must obey its own laws Gov t must follow constitutional principles Citizens all have rights that cannot be taken away Federalism System of government in which power is divided between national and state governments Federal Powers Coining money Regulating trade Establishing Postal System Create and Maintain Armed Forces Conduct foreign policy/declare war 4

5 State Powers Anything not specifically granted to the federal government Local governments Schools Conducting elections Shared Powers Anything not explicitly granted to federal or denied to states Defining Crimes Constitution is supreme law of the land Congress Senate & House of Representatives Powers granted: Collecting Taxes Regulate trade between nations and states Declaring war Its main function is to make laws President Executive Branch President, Vice-President, and government departments (i.e. Dept of Defense, Dept of Agriculture) Powers granted: Enforce laws Appoint federal positions (i.e. judges) Negotiate foreign trade agreements (i.e. NAFTA) Serve as Commander-in-Chief of armed forces 5

6 Judiciary Federal Courts Supreme Court, District Appeals Courts, etc. Powers granted Interpretation of Constitution and laws Ensures that laws are applied fairly Rule on disputes between states Checks and Balances Each branch of governments is subject to certain restraints by the other two Checks by the legislature Senate must approve Presidential appointments Judges, Cabinet members, ambassadors Senate must approve treaties Congress can override presidential vetoes Congress can impeach (remove) President, Vice President, and federal judges Checks by Executive President may veto (reject) any bill passed by Congress President can call special sessions of Congress Checks by Judiciary Supreme Court has power of Judicial Review Can declare laws or executive actions unconstitutional 6

7 Framers believed participation in national government best suited to educated and privileged Americans Checks on People State legislatures would choose Senators Changed in 1913 with 17 th Amendment State legislatures would choose electoral college Changed in mid-1800s, voters now elect electoral college In Order to form a more perfect Union Preamble Article I: Legislature Article II: Executive Article III: Judicial Article IV: The States Article V: Amending the Constitution Article VI: General Provisions Article VII: Ratification 7

8 We the People of the United States, in Order to form a more perfect Union (unify government) establish Justice (create national court system) insure domestic Tranquility (create a cohesive country) provide for the common defence (provide national military) promote the general Welfare (provide common good) and secure the Blessings of Liberty to ourselves and our Posterity (protect freedom of all citizens) do ordain and establish this Constitution for the United States of America. Created: Senate: 2 per state House of Representatives: proportional Explains: Requirements for office What Congress can do (Section 8) What Congress can t do (Section 9) What States can t do (Section 10) Longest Article in Constitution Created: President Vice-President Explained: How President/VP elected Powers of President Duties of President How to Impeach President 8

9 Created: Supreme Court Allowed for Congress to create other lower courts Explained: What kinds of cases Federal Courts would hear Original jurisdiction Appellate jurisdiction What constitutes Treason States must honor contracts created in all states Full Faith and Credit Clause i.e. Marriage States cannot deny citizenship to anyone from a different state (we are one nation) New states are allowed, but not inside an existing state. The federal government guarantees to protect all states. Formal process for changing Constitution How Amendments are proposed 2/3rds majority of both houses of Congress Special National Conventions Convention called by Congress when 2/3rds of state legislatures ask for it How Amendments are ratified 3/4ths of state legislatures vote to approve 3/4ths of state conventions to approve 9

10 Any debts the US government had under the Articles of Confederation was still good and would be repaid. This Constitution is the supreme law of the land. Concept of national supremacy Federal law overrules state laws! All representatives must swear an oath to support the Constitution No religious test can ever be required Emphasized separation of church and state 9 states must ratify for the Constitution to take effect 9 out of 13 = close enough to 3/4ths New Hampshire was 9th state in By 1790, all thirteen states had ratified. First 10 Amendments Bill of Rights Protect basic freedoms Ratified in New Amendments over 200+ years It is very difficult to pass an amendment! 10