Constitution Day September 17

Constitution Day September 17

Articles of Confederation March 1, 1781- goes into effect No Executive Branch-No single leader No Judicial Branch-No national courts No power to collect taxes No power to regulate trade No power to enforce its laws Laws needed 9 states approval to pass Approval by all 13 to amend

Constitutional Convention When it became apparent that there were problems with the AoC, 12 states sent delegates to a meeting in Philadelphia to revise them. They quickly became aware that a whole new document would be needed, a NEW constitution. Which state sent no delegates?

The Constitution Pages 95-106 How many articles are there? What are each of the first THREE articles about? ( What it Means boxes) Based on their length, which seems most important? How many people signed the Constitution? Anyone familiar?

There are Seven Articles Laughing elves join Santa and Santa s Reindeer. L - Legislative E - Executive J - Judicial S - States (relations between the states) A - Amendment process S - Supremacy Clause R - Ratification process

Article 7 The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the states so ratifying the Same

The Debate In favor of Ratification of the Constitution of 1787 The Federalists Against Ratification of the Constitution of 1787 Anit-federalists

Federalists and Anti-Federalists

Federalists and Anti-Federalists the two factions that disagreed about the new Constitution of 1787 powerful central gov t separation of powers into Legislative, Executive, and Judicial checks and balances, for example the veto, Senate approves Presidential appointments,... states rights, states more powerful than the central gov t unicameral, weak gov t is preferred checks and balances not needed, central gov t is weak

Federalists and Anti-Federalists wrote The Federalist Papers, 85 newspaper articles explaining the advantages of the new Constitution that created a powerful central government wrote a few Anti- Federalist Papers demanded a Bill of Rights added to the Constitution to limit the power of the new, central government

Federalists and Anti-Federalists Loose Interpretation: You can do things as long as it is not specifically prohibited in the Constitution. The government of the United States holds all powers that are not specifically denied to it by the Constitution Strict Interpretation: Strict implementation of what is written by law or in the text of the Constitution. United States holds only those powers specifically granted to it by the Constitution. It means exactly what it says

Federalists and Anti-Federalists agreed to add a Bill of Rights in exchange for votes to ratify the new Constitution of 1787 the Constitution of 1787 was adopted after Va and NY voted to ratify it the Anti-Federalists voted to ratify and worked to get the 1 st 10 Amendments, the Bill of Rights, proposed in Sep 1789. North Carolina Nov 1789 Rhode Island May 1790 Bill of Rights ratified in 1791.

The Constitution The introduction is called The Preamble 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.

The Three Branches Separation of Powers Legislative Branch Executive Branch Judicial Branch Makes the Laws Enforces the Laws Interprets the Laws Checks and Balances keeps each branch in their proper place

Limited Power Impeachment Remove a public official from office Pardons Your criminal sentence is forgiven (you re FREE!) Commutations Reduction of criminal sentence Reprieve Postponement of criminal sentence Rule of Law The law applies to everyone

Limited Power Writ of Habeas Corpus You can t be put in jail unless you are charged with a crime Bill of Attainder Can t make laws that punish you without a jury trial Ex post facto laws Can t make laws that punish you for something you did BEFORE the law was passed. Title of Nobility No one in the government can accept a royal title from another country

Powers Enumerated Powers Expressed Powers Powers listed in the Constitution that are given to the federal government Elastic Clause (Necessary and Proper Clause) Implied Powers

The Elastic Clause Article 1, Section 8, paragraph 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Powers Reserved Powers Powers that only the states have Concurrent Powers Powers shared by both federal and state government National Supremacy National law is the law of the land Popular Sovereignty The idea that power lies with the people We the People the Preamble

How the Legislative Checks Makes the laws Override Presidential Veto Senate confirms presidential appointments and treaties (confirmation) Creates lower (Federal) courts Confirms presidential appointment of Federal Judges (confirmation) Can use impeachment to remove judges or the President. Extra Credit: What are the only two presidents ever impeached?

How The Executive Checks Veto legislation (laws) Call a special session of Congress Appoints judges, cabinet members, ambassadors Appeal to the people (national TV)

How the Judicial Checks Rule acts of Congress as unconstitutional (judicial review) Rule acts of the President as unconstitutional Appointed for life: free from the control of the other two branches. Can only be forcibly removed by impeachment process

Division of Powers Powers delegated to the National Government Coin Money Raise and maintain an Army and Navy Declare War Fix Standards of Weights and Measures Grant Patents and Copyrights Make Treaties Regulate Foreign and Interstate Commerce

Division of Powers Powers shared by the State & National Governments Concurrent Powers Make and Enforce Laws Levy (collect) Taxes Create Courts

Division of Powers Powers reserved to the States Regulate Intrastate Commerce Set legal age for Marriage Set legal age for Driving Set legal age for Alcohol consumption

The Division of Powers Powers delegated to the National Government Coin Money Raise and maintain an Army and Navy Declare War Fix Standards of Weights and Measures Grant Patents and Copyrights Make Treaties Regulate Foreign and Interstate Commerce Powers denied to the National Government Regulate Intrastate Commerce Set legal age for Marriage Set legal age for Driving Set legal age for Alcohol consumption Powers shared by the State & National Governments Make and Enforce Laws Levy (collect) Taxes Powers denied to the State & National Governments Deny the right to Free Speech Deny the right to Trial by Jury Deny the right of Freedom of the Press Establish a State Religion Deny the right to Bear Arms Powers reserved to the States Regulate Intrastate Commerce Set legal age for Marriage Set legal age for Driving Set legal age for Alcohol consumption Powers denied to the States Coin Money Raise and maintain an Army and Navy Declare War Fix Standards of Weights and Measures Grant Patents and Copyrights Make Treaties Regulate Foreign and Interstate Commerce