Chapter 2 The Constitution
Chapter 2 The Constitution
The Colonial background o Jamestown-representative assembly o Plymouth-social contract with consent of the governed
The Colonial Background • Jamestown – representative assembly • Plymouth – social contract with consent of the governed
Selected milestones in the Colonial/ Early American Era the Stamp act the First Continental Congress the Second Continental Congress the revolutionary War o the Declaration of Independence the ratification of the articles of confederation Shays rebellion the Constitutional convention the ratification of the u.s. constitution the ratification of the bill of rights
Selected Milestones in the Colonial/ Early American Era • the Stamp Act • the First Continental Congress • the Second Continental Congress • the Revolutionary War • the Declaration of Independence • the ratification of the Articles of Confederation • Shays’ Rebellion • the Constitutional Convention • the ratification of the U.S. Constitution • the Ratification of the Bill of Rights
Important Concepts in the Declaration of Independence o Natural Rights- the idea that individuals hold certain rights because they are human; governments cannot take away these"inalienable'"'(cant be transferred) rights Locke describes these rights as"life, liberty and property Jefferson describes these rights as life liberty and the pursuit of happiness o Social contract --a general agreement between the people and the government, where the people agree to give up some of their liberties, so that the remainder are protected
Important Concepts in the Declaration of Independence o Natural Rights – the idea that individuals hold certain rights because they are human; governments cannot take away these “inalienable” (can’t be transferred) rights – Locke describes these rights as “life, liberty and property” – Jefferson describes these rights as “life liberty and the pursuit of happiness” o Social contract -- a general agreement between the people and the government, where the people agree to give up some of their liberties, so that the remainder are protected
The articles of confederation Table 2-1: Powers of the Congress of the confederation CONGRESS HAD POWER TO CONGRESS LACKED POWER TO Declare war and make peace Provide for effective treaty-making power and Enter into treaties and alliances control foreign relations, It could not compel Establish and control armed forces states to respect treaties Requisition men and money from states Compel states to meet military quotas, it could not draft soldiers Regulate coinage Regulate interstate and foreign commerce;it Borrow money and issue bills of credit left each state free to set up its own tariff Fix uniform standards of weight and system measurement Collect taxes directly from the people; it had Create admiralty courts to rely on states to collect and forward taxes Create a postal system Compel states to pay their share of Regulate Indian affairs government costs Guarantee citizens of each state the rights and. Provide and maintain a sound monetary privileges of citizens in the several states when system or issue paper money; this was left up to in another state the states and monies in circulation differed Adjudicate disputes between states on state tremendously in value petition
The Articles of Confederation Table 2-1: Powers of the Congress of the Confederation CONGRESS HAD POWER TO: CONGRESS LACKED POWER TO: • Declare war and make peace. • Enter into treaties and alliances. • Establish and control armed forces. • Requisition men and money from states. • Regulate coinage. • Borrow money and issue bills of credit. • Fix uniform standards of weight and measurement. • Create admiralty courts. • Create a postal system. • Regulate Indian affairs. • Guarantee citizens of each state the rights and privileges of citizens in the several states when in another state. • Adjudicate disputes between states on state petition. • Provide for effective treaty-making power and control foreign relations; it could not compel states to respect treaties. • Compel states to meet military quotas; it could not draft soldiers. • Regulate interstate and foreign commerce; it left each state free to set up its own tariff system. • Collect taxes directly from the people; it had to rely on states to collect and forward taxes. • Compel states to pay their share of government costs. • Provide and maintain a sound monetary system or issue paper money; this was left up to the states, and monies in circulation differed tremendously in value
Compromises in the Drafting of the u.s. Constitution the great Compromise -resulted in a bicameral legislature, with one house based on equal representation the other on population the Three-Fifths Compromise - resulted in slaves being counted as 3/5 of a person for the purpose of determining population for representation in the U.S. House of Representatives
Compromises in the Drafting of the U.S. Constitution • the Great Compromise – resulted in a bicameral legislature, with one house based on equal representation, the other on population. • the Three-Fifths Compromise – resulted in slaves being counted as “3/5” of a person for the purpose of determining population for representation in the U.S. House of Representatives
Separation of Powers-dividing governmental powers legislative branch is granted the power to make laws judicial branch- is granted the power to Judge laws executive branch- is granted the power to administer laws. some delegates favored a mural executive. but a single chief executive was decided upon
Separation of Powers – dividing governmental powers • legislative branch – is granted the power to make laws • judicial branch – is granted the power to judge laws • executive branch – is granted the power to administer laws. some delegates favored a plural executive, but a single chief executive was decided upon
Separation of powers Executive JudicialFederal Branche Legislative congress Presidency Courts House Senate President Judges Electoral College Pe eop whose members President with Officials People (originally,are chosen by the advice and consent chosen bv: state people (originally, of senate legislatures) by state legislature) For term of: 2 years 6 years 4 years Life Common Wealthy To people people represent All people Constitution prianny' Large states Small states
Separation of Powers Branch: Legislative Congress Executive Presidency Judicial Federal Courts House Senate President Judges Officials chosen by: People People (originally, state legislatures) Electoral College, whose members are chosen by the people (originally, by state legislature) President, with advice and consent of Senate For term of: 2 years 6 years 4 years Life To represent primarily: Common people Large states Wealthy people Small states All people Constitution
Figure 2-1: Checks and balances The presdent nominates federal judges Congress can rewrite legislation to The president can fuse to enfrce circumvent the Courts decisions the Courts decisions The Senate confirms fedaral judges The president grants pardons Congress determines the rumber of judges THE The supreme Court can JUDICIARY e The Supreme Court can declare presidential actons declare congressional laws unconstitutional unconstitutional Congress makes legislation and can override a presidential veto of its lagislation Congress can impeach and remove a president The Senate must confirm presidential appointments and consent to the presidents treaties based on a two-thirds concurrence has th of the purse and prow funds for the presidents programs The president proposes laws and can veto congressional lagislation THE The president makes treaties, execute agreements. CONGRESS and executive orders The president can refuse, and has refused, to enforce THE conges PRESIDENCY The president can call special sessions of Congress
Ratification of the u.s Constitution was supported by Federalists, who argued in favor of the ratification and supported a strong central government was opposed by the anti-Federalists who opposed a strong central government and argued for a bill of rights
Ratification of the U.S. Constitution : • was supported by Federalists, who argued in favor of the ratification and supported a strong central government. • was opposed by the Anti-Federalists, who opposed a strong central government and argued for a Bill of Rights
