Four reasons we need government 1. Need for Law and Order - Government makes laws to protect citizens, and punishes those who break the law. Laws provide order in a society. This allows citizens to live in a safe and peaceful society. Examples: Police and Courts enforce the laws. 2, Need for Security -Government provides for our defense against other countries who would attack us. Government also protects you from other people, businesses, and yourself Examples: Army, Air Force, Anti-Trust laws, seat-belt and helmet laws 3. Need for Public Services - Government provides services people can t provide for themselves. These services make society run smoothly and promote order and health Examples: Building roads, street cleaning, making sure our food and water are safe, garbage removal, U.S. Postal service, disaster relief. 4. Need for Maintaining Other Institutions -Government helps to create and protect other areas of our society that are important to the citizens and are for the good of the community. The government is responsible for providing and maintaining service institutions. Examples: Public schools (provide education), hospitals (provide health care), jails (keep communities safe).
The United States has operated under two constitutions. The first, The Articles of Confederation, was in effect from March 1, 1781. The Articles tried to balance two very different ideas: 1. A central government that would represent all the states. 2. State sovereignty (the power to make decisions within its own borders) The government that was created under the Articles had little power and was very weak. *Each state had one vote regardless of how many people lived in the state one state could veto any amendment to the Articles proposed by other states *It had no taxation power.no way to raise money to provide services. *There was no national court to settle disputes between the states. *Each state had its own money system. *There was no executive to carry out and enforce the laws made by the Congress.
Daniel Shays, a farmer in Massachusetts, and his neighbors were about to lose their farms because they couldn t afford to pay their taxes. In protest, they took over the Massachusetts courthouse at gunpoint. Massachusetts asked the Congress for help, but since there was no money (and therefore no army), they couldn t do anything to help The states and Congress realized they needed to make some changes. A meeting to revise the articles was called.
It took place in May 1787, in Philadelphia Pennsylvania at the State House and lasted 4 months. 55 delegates representing the 12 of the 13 states came. (Rhode Island did not send a representative) Most of the delegates were wealthy, well-educated, white males.but, there was a wide variety of occupations and age represented. George Washington acted as president of the Convention. He only voted when there was a tie amongst the delegates. James Madison took detailed notes, and it is because of him that we know so much about the Convention. He is often called the Father of the Constitution. Ben Franklin was by far the oldest delegate at 81 years of age and he encouraged all the delegates to cooperate when they disagreed on issues being written into our constitution. Thomas Jefferson and John Adams were not present at the convention (they were away, serving as Ambassadors to the new country) Patrick Henry also refused to attend he said he was afraid that the delegates would take away the rights of the individual states.
One State, One Vote Majority Decides Keep the Proceedings Secret The delegates didn t want the public to know how divided they were as a group. It would have been difficult for them to modify their opinions without being criticized or pressured.
How much power should be given to the national government vs. state gov t Representation in Congress (proportional vs. equal) Who should regulate trade and commerce? Slavery How to balance the powers of the three branches Who can vote? ****************************************************************************** Some delegates wanted a stronger national government Some delegates favored more power for the state governments.. Two plans were proposed which addressed that issue The Virginia Plan, and the New Jersey Plan
VIRGINIA PLAN NEW JERSEY PLAN Gave the central government much more power 3 Branches (Legislative, Executive, Judicial) Bicameral (two separate houses) Representation in each house of Congress based on population Favored by the larger states and the Nationalists Gave the central government some power, but limited its power over the state gov ts. 3 Branches (Legislative, Executive, Judicial) Unicameral (one house ) Each state has one vote in Congress Favored by the smaller states and the Confederationists
The national congress would have BOTH proportional and equal representation *Senate = every state has two votes *House of Representatives = states represented proportionally by population
The Three-Fifths Compromise Slaves would count as 3/5 of the population for determining representation and taxes. (total free population + 3/5 of the slaves) This was good for southerners for representation, but bad for slave owners for determining taxes. Commerce and Slavery Compromise The delegates agreed that the national government would not do anything to stop the import of slaves for 20 years (they had to compromise on the issue of slavery in the United States or they would have lost the support of the southern states) The National Congress was given the power to regulate international and interstate trade.
The delegates agreed that the national government would not do anything to stop the import of slaves for 20 years (they had to compromise on the issue of slavery in the United States or they would have lost the support of the southern states) The National Congress was given the power to regulate international and interstate trade.
Popular Sovereignty: the people are the source of all political power government is created by and subject to the will of the people.people rule not a king, dictator, or president Limited Government: people give government some power but not all power Federalism: power is divided between the national and the state governments. *The constitution states what powers the Federal government has, what powers are shared, and leaves the rest for the states. * Whenever a dispute arises the constitution is the "supreme law of the land what it says, goes.
Separation of Powers: the powers of a government are divided into 3 branches legislative (makes laws), executive (carries out laws), judicial (interprets laws) Checks & Balances: branches are set up to check on each other and to put a check on the power of the other branches, so no branch has too much power Flexibility: the ability to adapt and change as needed (the *necessary and proper clause or elastic clause- and the amendment process are evidence of the ability to change) *"The Congress shall have power... 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." This necessary and proper clause is used to cover any governmental action not enumerated in the Constitution.
The Constitution was signed by the delegates on September 17, 1787 Only 42 delegates remained when the Constitution was finished. (Many of the delegates had gone home by then due to family issues or illness.) Of the 42 delegates remaining, only 39 signed the constitution, which was written onto parchment, because some did not agree with it. George Washington was the first to sign his name. The other delegates signed after him. Once it was signed, it needed to be ratified (officially approved) by the states. It was agreed that only 9 of the 13 states approval was needed for the final draft to become law. Not everyone was happy with the document they had created, and a national debate erupted.
Federalists Wanted a strong national government Favored a large republic Were against adding a Bill of Rights thought it wasn t necessary Anti-Federalists Feared a Strong Central Government would endanger the People s Liberties Favored a small republic Wanted a Bill of Rights they felt individual rights needed a guarantee
A compromise was reached. A Bill of Rights would be added AFTER the Constitution was ratified. Delaware became the first state to approve the Constitution on December, 1787. In May 1790, finally all thirteen states ratified the Constitution. The Bill of Rights (the first 10 Amendments to the Constitution) was then adopted in 1791. FYI 1. Delaware - December 7, 1787 2. Pennsylvania - December 12, 1787 3. New Jersey - December 18, 1787 4. Georgia - January 2, 1788 5. Connecticut - January 9, 1788 6. Massachusetts - February 6, 1788 7. Maryland - April 28, 1788 8. South Carolina - May 23, 1788 9. New Hampshire - June 21, 1788 10. Virginia - June 25, 1788 11. New York - July 26, 1788 12. North Carolina - November 21, 1789 13. Rhode Island - May 29, 1790