understanding the CONSTITUTION Contents The Articles of Confederation The Constitutional Convention The Principles of the Constitution The Preamble The Legislative Branch The Executive Branch The Judicial Branch Checks and Balances The Bill of Rights Name Block
understanding the ARTICLES OF CONFEDERATION What were they? The Articles of Confederation was the frame of government created by the Continental Congress during the Revolutionary War. The states entered into a league of friendship with each other. In a confederate government, supreme power is given to regional and local governments. The central government is weak. In a federal government, power is divided between regional and central governments. A constitution outlines how that power will be divided. How did government operate under the articles? The Articles called for one branch of government - the Legislative Branch. There was a one-house legislature. Nine of thirteen votes were needed to pass a law. The legislature is the law-making body. This was the Confederation Congress Each state received one vote, no matter how big or small. States had between 2 and 7 representatives, chosen by the state legislature. The five smallest states had a total population less than that of Virginia. Yet they had five total votes, while Virginia had just one. Representatives could not serve more than three of every six years. 2
How were the Articles amended? Amending the Articles required both: Ratification by Congress Ratification by ALL state legislatures. To amend is to change. Ratification is approval, making something official. How was power divided between the state and central governments? Central government had the power to: 1. Declare war 2. Make treaties 3. Act as a court in disputes between states 4. Issue money State governments had the power to: 1. TAX 2. Issue money 3. Enforce national laws The states could NOT: Maintain a peacetime army or navy - except in the case of pirates. However, each state HAD to: That s right, pirates. Maintain a well-regulated militia Other provisions of the Articles Canada could join the U.S. if they wanted to. Congress took on all war debts. They didn t Accomplishments of the Confederation Congress They negotiated the Treaty of Paris of 1783. They determined how land west of the Appalachians would be settled and incorporated into the Union. Incorporation means that territories would become official states. 3
Articles of Confederation - Critical thinking questions Reflect on what you know about the colonial history of the United States to answer the questions below. 1. Why do you think the Continental Congress set up a confederate government, instead of a federal one? 2. Why do you think the Congress limited how often someone could be a member of the Confederation Congress? 3. Why do you think the Congress made it so difficult to amend the Articles? 4. Analyze the framework of the Articles. Why do you think the Articles of Confederation failed? 4
understanding the CONSTITUTIONAL CONVENTION What was the Constitutional Convention? The Constitutional Convention was a series of meetings in 1787 at the State House in Philadelphia aimed at fixing the problems with the Articles of Confederation. What was wrong with the Articles of Confederation? The Confederation Congress faced several major issues: They were in a massive amount of debt, with no ability to tax. Soldiers were promised payment for their service and Congress could not raise the money. Britain and France barred their colonies in the West Indies from importing goods from the U.S. The U.S. still imported many goods, making it difficult for domestic producers. States began printing paper money. Different states printed different amounts, so their values varied greatly. Debt is money borrowed that needs to be paid back. They could only ask the states to contribute, which states were reluctant to do. What was Shays Rebellion? Debt-ridden farmers in western Massachusetts, led by war veteran Daniel Shays, closed courts there to prevent their land from being seized. Funds for a militia to put down the rebellion had to be raised privately, as the federal government was incapable of acting. 5
The rise of the Nationalists During the 1780s, several nationalists emerged who called for a stronger central government. Among them were: James Madison Alexander Hamilton John Marshall Many people who would benefit from a stronger central government supported their cause. Among them were: Bondholders Craftsmen Merchants People who depended on the government to pay back its loans. They would benefit from protective tariffs. They wanted access to British markets How did they decide to meet for a convention? Delegates from six states met in Annapolis, MD in Sept. 1786 to improve interstate and international commerce. They never intended to throw out the Articles and create a new government, however... They agreed to meet again in Philadelphia to amend the Articles. 12 states (no Rhode Island) sent delegates to Philadelphia to amend the Articles. Once there, they decided to start over. What did the Founding Fathers agree on? The 55 delegates largely agreed on a few majors issues for a new constitution. There would be three branches of government. Legislative, executive, and judicial The federal government would be able to tax. Government would represent the people. The delegates created rules of secrecy - windows, doors had to be closed - so that they were not pressured by politics. 6
What did the Founding Fathers disagree on? The delegates disagreed on how much power the federal government should have, and how power should be divided between large and small states. Two major and contrasting plans emerged: The Virginia Plan Written by James Madison Called for a two-house legislature Representation in each house determined by a state s population Seen as the large-state plan The New Jersey Plan Proposed by William Paterson Called for a one-house legislature Each state would receive one vote Seen as the small-state plan The Great Compromise The Great Compromise, proposed by Roger Sherman, was reached. It called for: A two-house legislature That s Congress Made up of the Senate and House of Representatives. Senate - each state had two members. And thus, two votes House of Representatives - representation according to population. How would slaves count for population? Southern states wanted slaves to count for population, but not for the purposes of taxation. Northern states wanted the opposite. Eventually, the Three-fifths Compromise was reached. Three-fifths of a state s total slave population would be counted when determining population and taxation. 7
Federalists and Anti-Federalists After the Constitution was written, it needed to go back to the states for ratification. Nine of the thirteen states needed to ratify it for it to go into effect. The Founding Fathers knew it needed support from every state to be meaningful though. Federalists and Anti-Federalists went to work supporting or opposing the Constitution. Federalists Anti-Federalists Supported the Constitution Alexander Hamilton, James Madison, and John Jay wrote The Federalist 85 essays in support of the Constitution Opposed the Constitution Included Samuel Adams, John Hancock, and Patrick Henry Feared that government would be dominated by the rich. Demanded a bill of rights be added to protect rights of the individual from the federal government. Ratification After the Constitutional Convention, each state legislature had to vote on the Constitution. This was a long process that took several states years to complete. Before a state voted, they held public meetings to debate it and many, such as the Federalists and Anti-Federalists, expressed their views in newspapers and pamphlets. The Bill of Rights, which includes the first ten amendments to the Constitution, was added to encourage several states to ratify it. 1788: Nine of the thirteen states ratified the Constitution, making it ratified. 1790: Rhode Island became the thirteenth state to ratify the Constitution. 1791: Vermont ratified the Constitution and applied for statehood. 8
The Constitutional Convention - Critical thinking questions Reflect on what you learned about the Constitutional Convention to answer the questions below. 1. What events led to the realization that a stronger federal government was needed? 2. Rules of secrecy were created at the Constitutional Convention so that people were not pressured by politics. What do you think that means? 3. Why would Southern states want slaves to count when determining population? 4. Why do you think it was important for states to allow for public debate before voting on the Constitution? 9
understanding the PRINCIPLES OF THE CONSTITUTION What are the principles of the Constitution? The Constitution is based on several guiding principles. Popular Sovereignty The idea that people ultimately rule government. Over time, people are able to shape the way government operates. Republicanism A form of government in which people vote for representatives, who create laws. Federalism Power is divided between the central government and states. Some powers are shared as well. Separation of Powers Powers are divided between the three branches of government. The legislative makes the laws, the executive enforces the laws, and the judiciary interprets the laws. Checks and Balances The branches of government have power over each other, so one branch cannot become too powerful. Limited Government Government only has the rights that people have given it through the Constitution. No one is above the law. Individual Rights Personal liberties are protected under the Bill of Rights. Under federalism, powers given to the central government are called delegated powers. These powers include maintaining the military, protecting copyrights and patents, and establishing the postal system. Powers given to the states are called reserved powers. These powers include making laws for marriage and divorce, regulating commerce within the state, and all powers not specifically given to the federal government. Shared powers include collecting taxes, establishing courts, and punishing criminals. 10
understanding the PREAMBLE What is the preamble? The preamble to the Constitution is its introduction and states the goals of the document. Preamble text: 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. For each goal, rephrase its meaning and provide an example of how the government carries out the goal. Goal Meaning Example in order to form a more perfect union establish justice insure domestic tranquility provide for the common defense promote the general welfare secure the blessings of liberty to ourselves and our posterity 11
Federal understanding the LEGISLATIVE BRANCH What is the legislative branch? Article 1 of the Constitution details the legislative branch of government. The legislative branch is made up of Congress, which consists of two houses, the Senate and the House of Representatives. The legislative branch is responsible for making laws. The term house refers to a law-making body. House of Representatives Representation for each state based on population. 435 total Eligibility requirements: 25 years old must live in state in which elected citizen for 7 years 2 year term No term limit Title: Representative Senate 2 Senators per state. 100 total Eligibility requirements: 30 years old must live in state in which elected citizen for 9 years 6 year term No term limit Title: Senator Congressman/woman 12
What is the vice president s responsibility in the Senate? The vice president serves as president of the Senate, but can only vote in the event of a tie. Who do representatives actually represent? Each state is broken up into congressional districts and each district elects a representative to send to the House. Voters in a district are referred to as a representative s constituents. What can Congress do to raise revenue? Revenue is money taken in by the government. Congress can collect taxes and tariffs, borrow money, and print money. What war powers does Congress have? Congress has the power to declare war and establish, fund, and regulate the military. What is the Elastic Clause? The Elastic Clause allows Congress: While Congress has the authority to declare war, the U.S. has gone to war several times without a formal declaration.. Congress has only declared war during the War of 1812, the Mexican-American War, the Spanish- American War, World War I and World War II. 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. What powers of impeachment does Congress have? This power given to Congress to make all laws necessary and proper to fulfill its functions is very vague and has been used by Congress to expand its power over time. The House has the sole power to impeach. The Senate tries the case and votes to convict or acquit. To convict is to find guilty. To acquit is to find not guilty. To impeach is to charge an official with misconduct. It can result in the president or vice president being removed from office, as well as criminal or civil punishment. Congress is responsible for the impeachment process. 13
How does a bill becomes a law? All laws begin as ideas, and then are introduced to Congress as a bill. The bill follows the following steps in order to become a law. The bill is introduced to both the House and the Senate. A bill is a proposed law.. House of Representatives Senate The bill is referred to a House committee or subcommittee. The bill is referred to a senate committee or subcommittee. The House committee approves the bill as is, makes changes, or kills the bill. The Senate committee approves the bill as is, makes changes, or kills the bill. The House debates the bill, can amend it, and votes on it. The Senate debates the bill, can amend it, and votes on it. A joint committee between the House and Senate resolves differences between the two bills to create one version to send to the president. The veto is the president s way of rejecting the bill. Both the House and the Senate vote on the revised bill. The president vetoes the bill. OR The president signs the bill into law. Less than 2/3 of Congress votes in favor of the bill. More than 2/3 of Congress votes in favor of the bill. The bill dies. The bill becomes a law. 14
The legislative branch - Critical thinking questions Reflect on what you learned about the legislative branch to answer the questions below. 1. Which position do you think is more sought after, Congressperson or Senator? Why? 2. Why do you think the Founding Fathers wanted a House of Representatives with two-year terms and a Senate with six-year terms? 3. Why do you think the Founding Fathers included the Elastic Clause? 4. How do you think the president is able to influence the law-making process? 15
Federal understanding the EXECUTIVE BRANCH What is the executive branch? Article 2 of the Constitution details the executive branch of government. The executive branch is made up of the president, the vice president, and the cabinet, as well as executive departments and agencies. The executive branch is responsible for enforcing laws. What are the terms and requirements for the president? The president must be: 35 years old a resident in the U.S. for 14 years a natural-born citizen The cabinet is made up of the heads of executive departments. Members of the cabinet serve as the president s advisors. The presidential term is four years. The president may only be elected for two terms. Although the maximum number of years a president may serve is ten, in the event that they served two or fewer years as president while someone else was elected. What appointments can the president make? The president can appoint ambassadors, Supreme Court Justices, federal judges, and cabinet members. With the exception of the Attorney General, cabinet members are given the title of Secretary (e.g. Secretary of State). These appointments must be confirmed by the Senate.. Rarely are appointments for cabinetlevel positions rejected by the Senate, whereas rejections of Supreme Court nominees, while still rare, occur more frequently. 16
What are the executive departments? Department of: Agriculture Commerce Defense Education Energy Health and Human Services Homeland Security Housing and Urban Development Justice Labor State the Interior Treasury Transportation Veterans Affairs What role does the president serve in the military? The president is the commander-in-chief and head of the military. What powers does the president have over foreign affairs? The president has the power to enter into treaties and appoint ambassadors to foreign states. Since Congress passed the War Powers Resolution in 1973, the president must inform Congress of the committal of troops within 48 hours. The president then has 60 days to remove troops from action, unless given an extension by Congress. There is much debate over what war powers the president actually has, especially in a time of emergency. For example, during World War II, President Franklin Roosevelt ordered all Japanese-Americans living on the West Coast to be held in internment camps (similar to prisons). What actions can the president take in relation to congress? The president enforces laws passed by Congress, can call special sessions of Congress, and gives the annual State of the Union address. The State of the Union address is a speech given towards the start of the new year in which the president outlines the goals for the country to a joint-session of Congress. The State of the Union is televised to the nation and allows the president to outline his or her agenda to the country. 17
How is the president elected? The president is elected by the electoral college. Each state receives the number of electors (or votes) equal to its representation in Congress. Washington, D.C. also receives three votes. The candidate who receives the majority of the electoral votes (270/538) wins the election. Almost all states are winner-take-all, meaning whichever candidate gets the most popular votes in a particular state, wins all the electoral votes from that state. If no candidate receives a majority, the House of Representatives elects the president. The electoral college map as of 2012. The number of representatives a state has is based on population and updated along with the U.S. Census. Why use the electoral college instead of a popular vote? The Founding Fathers did not trust the public to elect the best candidate, so they preferred to have a group of electors choose the president. Nowadays, the electors almost always cast their vote for the candidate their state votes for, and in many states they are required by law to do so. Electoral College Map: Leading presidential candidate 2012 by state blank by Nick2253 is licensed under CC BY-SA 3.0 18
The executive branch - Critical thinking questions Reflect on what you learned about the executive branch to answer the questions below. 1. Why do you think a presidential cabinet was created? 2. Why do you think it is important to have a civilian as the head of the military? 3. Extended-response: Do you think the president should be elected by the electoral college or by a popular vote (whichever candidate gets the most votes wins)? Explain your answer in a well-developed paragraph. 19
Federal understanding the JUDICIAL BRANCH What is the judicial branch? Article 3 of the Constitution details the judicial branch of government. The judicial branch is made up of the Supreme Court and lower, or inferior courts. The judicial branch is responsible for interpreting laws. How is the judicial branch set up? The judicial branch is very complex, with many different courts. Most of those courts can be divided into three categories, the Supreme Court, courts of appeals, and district courts. Supreme Court The Chief Justice has several additional responsibilities, but their vote counts the same as the eight associate justices. The Supreme Court consists of the Chief Justice and eight associate justices. The Supreme Court rules on a small number of cases a year that began in state or federal courts. Since the Supreme Court is the highest court, its ruling is final and cannot be appealed. Federal Courts of Appeals The courts of appeals hear appeals from the district courts. Cases can be appealed by either side in a civil case, or generally by the defendant if he or she was found guilty in a criminal case. A panel of three judges will then hear arguments from lawyers from both sides to decide if a legal error was made. Federal District Courts District courts hear all federal cases, both civil and criminal. District courts are also called trial courts and are often what you see depicted on TV or in the movies. 20
What are the terms and requirements for federal judges? Federal judges are appointed for life. The Constitution does not list any requirements for federal judges. Federal judges are nominated by the president and confirmed by the Senate. I ve watched Judge Judy before. Is that similar to a federal court? No. Judge Judy, while acting as an arbitrator and not a judge on the show (although she is one), is similar to a small claims court. Small claims courts are for civil cases with less than a certain amount (depending on the state, but often between $3,000 - $10,000) in dispute. There is no jury and typically lawyers are not used. These are not federal cases. Judge Judith Sheindlin What is the difference between a civil case and a criminal case? Civil cases involve one party against another party. Often the plaintiff is seeking money from the defendant(s) for damages as a result of some alleged wrong-doing. Federal criminal cases involve the government charging a defendant with a federal crime. In most cases, the U.S. attorney presents the evidence to a grand jury, who then decides whether or not to indict the defendant. To indict means to formally accuse of committing a crime. The plaintiff is the party who is suing. The defendant is being sued. A grand jury is a jury made up of 12 to 23 of a defendant s peers. If a person is indicted, they may enter a guilty plea or plead not guilty. If a defendant pleads not guilty, a trial will take place. As part of that trial, the government must prove beyond a reasonable doubt that the defendant is guilty. What is judicial review? Judicial review is the ability of the courts to determine if an act of Congress (such as a law) or the executive branch is unconstitutional, and to strike it down if it is. This is an extremely important power and was affirmed as a result of Marbury v. Madison. Judge Judy: Judge Judy by Susan Roberts is licensed under CC BY-SA 3.0 21
understanding CHECKS AND BALANCES What are checks and balances? The system of checks and balances was created so that each branch of government has power over the other branches, in order to prevent one branch from becoming too powerful. What are the checks on the legislative branch? Executive Branch Judicial Branch Can veto bills. Can call special sessions of Congress. Can influence legislation. Judicial review - can declare acts of Congress unconstitutional. Legislative Branch 22
What are the checks on the executive branch? Executive Branch Judicial review - can declare executive acts unconstitutional. Judicial Branch Can impeach/remove the president. Senate confirms presidential appointments. Senate ratifies treaties. Can override veto. Legislative Branch What are the checks on the judicial branch? Executive Branch Appoints Supreme Court and federal judges. Can grant pardons. Judicial Branch Can impeach/remove federal judges. Senate confirms judicial nominations. Creates lower federal courts. Can propose Constitutional amendments. Legislative Branch 23