Creating the Constitution

Transcription

1 Creating the Constitution

2 What is a government? A government is a person, or group, who has the power to provide law, order, services, and security within a country. Government gives organization and structure to society. Anarchy is the absence of government. 2

3 Why do we need a government? Four reasons we need government 1. Law and Order 2. Security 3. Public Services 4. Maintaining Other Institutions 3

4 Reasons we need government 1. Law and Order Government makes laws to protect citizens and punishes those who break the law. This allows citizens to live in a safe and peaceful society. Examples: Police and courts enforce the laws. 4

5 Reasons we need government 2. Security Government provides for our defense against other countries who would attack us. Examples: Army, Navy, Air Force, Marines, and Coast Guard 5

6 Reasons we need government 3. Public Services Government provides services that people can t provide for themselves. Examples: Building roads, making sure our food and water are safe, building public schools, disaster relief. 6

7 Reasons we need government 4. Maintaining Other Institutions Government helps to create and protect other areas of our society that are important to the citizens. Examples: Protecting a citizen s basic freedoms (freedom of speech and religion), providing health care, retirement payments (social security). 7

8 Types of Government Monarchy- The power to govern is in the hands of a monarch (king, queen, emperor, sultan, czar). The power of government is inherited (passed down) through the members of one family. 8

9 Monarchy 1. Absolute Monarchy- The monarch has all the power to make laws and decisions. He/She stays in power because he/she has the support of other powerful families in the country (nobles). Very few absolute monarchies exist today. Example- Saudi Arabia Monarch (King, Queen, Emperor, Czar, Sultan) Laws 9

10 Monarchy 2. Constitutional Monarchy- The monarch is only a figurehead. His/her position in the government is ceremonial. He/She has no real power. The power in government is, instead, held by a law-making body, which is led by a Prime Minister. Example- Great Britain (present day) Monarch Constitution Law Making Body Laws (Congress, Assembly, Parliament) 10

11 Types of Government Dictatorship- The power of government is held by one person or by a small group of people. They usually come to power by forcefully overthrowing the old government; however, some dictators have been elected. These dictators have the backing of the military or police. 11

12 Dictatorship 1. Autocracy- Dictatorship by one person. A single individual holds all the power. Example- Iraq- Saddam Hussein Cuba- Fidel Castro Germany WWII- Adolf Hitler (Fascists) Police Army Dictator 12 Laws

13 Dictatorship 2. Oligarchy- Dictatorship by a small group of people. This group holds all the power. An Oligarchy can sometimes turn into an Autocracy. Example- Afghanistan- Taliban Former Soviet Union (now Russia)- Central Party (Communists) Police Army Group Laws 13

14 Types of Government Democracy- The power of government is shared by all the people in a country. The power of government is transferred through an election process. The ancient Greeks and Romans were some of the first people to have a democracy. 14

15 Democracy 1. Representative (Republican) Democracy- Citizens of a country elect other citizens to act as their representative in the government. The ancient Romans were the first to use this type of democracy. This government is also called a republic. Example- United States Citizens Election Elected Representative Government Laws 15

16 Democracy 2. Direct Democracy- Laws and decisions in a country are voted on directly by people. The ancient Greeks were the first to use this type of democracy. Example- United States- people vote for propositions at election time. Citizens Citizens Citizens 16

17 Democracy Where did Americans get the idea for having a democracy? 1) Ancient Greeks and Romans The ancient Greeks (Direct) and Romans (Republic) first used this type of government in Europe. Video Clip-Greeks Video Clip-Romans 17

18 2) Enlightenment Philosophers - A philosopher is a person who seeks knowledge and wisdom. - Enlightenment Period, also called the Age of Reason, in Europe from Many of the Founding Fathers were heavily influenced by the Enlightenment philosophers. 18

19 John Locke ( ), British Philosopher -Locke believed government is created by the people to serve and protect their needs. -A government could exist only as long as the people agreed with it and felt it was protecting their basic rights. - If the people grew unhappy with their government because it was not serving their needs, they had a right to overthrow the government and replace it with a new one. - Locke also believed all people are born with natural rights that can never be taken away by the government: Life, Liberty, and Property 19

20 Jean Jacques Rousseau ( ), French Philosopher -Rousseau had a vision of an ideal society where all the people made laws and decisions together. -Citizens make a contract with each other, not with a government(monarch), pledging to respect each other s rights. -All citizens agree to give up some of their personal choice to help meet the needs of their community. -He wrote a book titled The Social Contract. 20

21 Baron de Montesquieu ( ), French Philosopher - Montesquieu felt the best way to guarantee a government does not take away the natural rights of its citizens is to limit the power of government by dividing it into branches (part or section). - Government should have checks and balances. Each part of government can limit the power of the other parts. 21

22 3) Historical Documents Magna Carta- In 1215, the English nobility forced King John to sign away some of the monarchy s power and give it to them in the Magna Carta (Great Charter). This was the first time a King s power had been limited by the people. The King would have to respect the basic rights of due process and trial by jury. The Magna Carta created the Great Council, Parliament, which was made up of the nobility, and was allowed to make some laws without the monarch s approval. The laws Parliament made only applied to the Nobility, not the common English citizen. Magna Carta 22

23 English Bill of Rights (1689)- The British Parliament further limited the powers of the monarchy by passing the English Bill of Rights, which stated that the monarchy could not do certain things without getting the approval of Parliament, such as taxing, keeping an army during peace time, allow Parliament to freely debate, and had to allow free elections. In addition to this, The Parliament had the right to choose the ruler and the ruler was subject the laws like anyone else the The English Bill of Rights did not apply to just the nobility but to all English citizens. 23

24 Mayflower Compact- The Mayflower Compact was the first colonial agreement forming a government by the consent of the people. The Mayflower Compact was signed in 1620 by Pilgrims and English hoping to establish a settlement in North America. The agreement was completed on the ship, the Mayflower, which was anchored off the coast of Massachusetts. The compact gave the settlers the power to make and enact laws for the general good of the community by majority consent. 24

25 Declaration of Independence- Not only did this document state that the colonies were independent from Great Britain, but it also outline some of the basic ideas of what a government should be like. 1. Government must protect a person s natural (inalienable) rights (life, liberty and the pursuit of happiness). 2. Governments are created by people working together, not by a single ruler, and the power to govern comes from the people. 25

26 What Should Be in The New Constitution? Complete this assignment in your box group on a separate sheet of paper. Put your names on the top of the paper. Develop a list of specific items that you would like to see in the new Constitution. Use this list of general areas to guide your group: rights/ freedoms of the citizens structure/organization of the government foreign policy dealing with the relationship between the states and the national( federal) government. managing the Western territories how taxes, trade and the economy will be handled. 26

27 Alexander Hamilton Creating the Constitution 7. Why was there a call for a Constitutional Convention? After the Annapolis Convention, it became clear that changes had to be made to the Articles of Confederation. Alexander Hamilton and several other delegates to that convention called for a new convention in Philadelphia, PA. In May of 1787, twelve states attended (Rhode Island didn t) the Constitutional Convention. At first they only met to revise the Articles of Confederation. Soon the delegates realized that a whole new constitution was needed to replace the Articles. Painting of the Constitutional Convention

28 Creating the Constitution 8. What role did James Madison play during the Constitutional Convention? Virginia delegate James Madison took notes of everything that was said at theconvention. He also contributed many of the ideas that went in the Constitution. Because of his work Madison is know as the Father of the Constitution James Madison stood only 5 2 in height and only weighted 100 pounds. He was nick named the 100 Pound Giant because of his large impact at the Constitutional Convention.

29 Creating the Constitution 9. Describe the N.J. and Virginia Plans. The New Jersey or small states plan called for a single house in Congress and that each state have an equal number of votes. Proposed by William Patterson of NJ. = NJ Plan Small States Patterson The Virginia Plan called for three branches of government (executive, judicial and legislative). Each branch could check or limit the power of the other branches. The main thing it asked for was a two-house Congress (bicameral). The number of representatives a state sent to both the upper and lower house would be based on a state s population. This plan favored the larger states. Proposed by James Madison and Edmund Randolph of VA. = VA Plan Large States Madison Randolph

30 Creating the Constitution 10. What was the Great Compromise? Also called the Connecticut Plan. Proposed by Roger Sherman of Connecticut. Each state would have an equal number of votes (2) in the Senate (Upper House). In the House of Representatives (Lower House) representation for each state would be based on population. Every 30,000 people would give a state one more representatives. NJ Plan + VA Plan = Great Compromise Roger Sherman

31 Great Compromise Congress: Legislative Branch House of Representative- Lower House Representation based on state s population- 30,000 = one representative * Today 847,000= one representative Senate: Upper House Equal Representation- each state gets two Senators

32 Creating the Constitution 11. What was the 3/5 th Compromise? Because representation would be based on population in the House of Representatives a question arose over counting slaves as a part of a state s population. The Southern slave states wanted to count slaves as part of the total population for the state so they could get more representation. The Northern, free states did not want the Southern states to count their slaves because slaves were not considered citizens. It was decided to count each slave as 3/5 of a person. It was also decided that Congress couldn t ban the slave trade until A Slave Auction in New Orleans

33 Differences -Federalist and Antifederalist - 12 and 13. What issues divided the Federalists and Antifederalists(Democratic- Republicans)? There was a fear that the new Constitution would take too much power away from the states. The Federalists responded to this concern with the idea of Federalism. Powers would be shared between the states and the National(federal) government. They liked the idea of a stronger national government Federalists Favored Ratification Washington John Adams The Antifederalists thought the new Constitution took too much power away from the states, there was no bill of rights and they feared a strong President(executive branch). Madison was a Federalist, but he later joins the Antifederalists Antifederalists Against Ratification James Madison Patrick Henry Thomas Jefferson

34 Similarities-Federalist and Antifederalist - 12 and 13. What issues divided the Federalists and Antifederalists(Democratic- Republicans)? The Federalists and Antifederalist did agree that a Bill of Rights was necessary to protect people s basic rights. Both Federalists and Antifederalists attend the Constitutional Convention and realized that some kind of a new constitution was necessary to make America a strong country. Both wanted to have a representative government- were the people elected their leaders/ representatives.

35 Federalist and Antifederalist 14. What were the Federalist Papers, and how did they help to grow support for the new Constitution? Federalists James Madison, Alexander Hamilton and John Jay, wrote a series of newspaper articles that answered many of the questions that people had about the new Constitution. The Federalist Papers help to convince many people to support ratifying the new Constitution. James Madison

36 Ratification and the Bill of Rights 15. How did the lack of a bill of rights endanger the Constitution? The Antifederalist wanted written guarantees that basic rights would be protected under the new constitution. Without a Bill of Rights many states would not ratify the Constitution. This map shows where support for ratification of the Constitution was strong or weak.

37 Ratifications and the Bill of Rights 16. How does the Bill of Rights protect people s rights? Amendments 1-9 protect basic individual freedoms (The 10 th Amendment deals with powers between the states and federal government). For example, the 1 st Amendment protects a Citizen s right to freedom of religion, speech, press, and to protests.