dividing power creating a balance in the new national government
TRANSCRIPT
Dividing PowerCreating a Balance in the New National
Government
“Wherever Law ends, Tyranny begins.”
- John Locke
1. What is your interpretation of this quote? What message is John Locke trying to convey?
2. How might this quote be applicable to the situation the new American states are in when creating a new government?
UNIT 5, JOURNAL #3
The Convention is not yet finished…◦They must establish a system for the national
government.
◦National vs. State governments—
National Government is granted delegated powers,
or “enumerated powers”◦Control of foreign affairs◦Providing national defense◦Regulating trade◦Coining money
State Governments are granted “reserved powers”
◦Providing/Supervising Education◦Marriage Laws◦Regulating trade within the state
“Concurrent Powers” (shared by both):◦Tax◦Borrow money, pay debts◦Establish courts
They separate the national government into three branches:
1. Legislative- Make laws2. Judicial- Hear cases3. Executive- Carry out laws
Distributes political authorityBalance of power
System of checks and balances-◦Prevents any one branch from dominating the
other two Example:
◦ President can veto acts of Congress◦ Congress can override a veto by two-thirds vote
Voters choose president through the electoral college-◦ Each state chooses electors; the electors vote for a
presidential candidate◦ Reflects the fear of placing too much power in the hands of
the people
EXECUTIVE BRANCH
JUDICIAL BRANCH
LEGISLATIVE BRANCH
Checks on the Judicial Branch- Appoints federal judges- Can pardon people
convicted of federal crimes
Checks on the Legislative Branch- Can veto bills of Congress- Can call special sessions of
Congress- Can influence public opinion- Can propose legislation
Checks on the Executive Branch
- Appointed for life, federal judges are free from presidential control
- Can declare presidential actions unconstitutional
Checks on the Legislative Branch- Can decide the
meaning of laws- Can declare acts
of Congress unconstitutional
Checks on the Judicial Branch
- Congress establishes lower federal courts
- Senate confirms or rejects appointment of judges
- Congress can impeach or remove federal judges
Checks on the Executive Branch
- Congress can override presidential veto
- Congress can impeach and remove the president or other high officials
- Senate approves or rejects treaties
- Senate confirms or rejects federal appointments
The Amendment Process:
PROPOSAL STAGE
Two-thirds vote of members present in both houses of Congress (33 amendments proposed)
OR
National convention convened by Congress at request of two-thirds of state legislatures (no amendments proposed)
RATIFICATION STAGE
Three-fourths of state legislatures (25 amendments ratified)
OR
Conventions in three-fourths of the states (1 amendment, the 21st, ratified)
The Constitution is sent to Congress for approval!
Took four months to draftSuccessful document-
◦Enabled it to pass the test of time◦The Constitution is a “living document”
Our forefathers created a balanced, open-ended government for us to work with
Ratification- official approval of the people of the U.S. to adopt the Constitution
Newspapers printed the full text of the Constitution
Shocked! So many changes!◦Thought they were simply going to fix the
Articles of Confederation
Each state would hold a special convention◦Voters would elect delegates◦Delegates would choose to sign (or not sign)
the Constitution
Required 9 of 13 states’ approval◦Will take 8 months to ratify
WHY?
FEDERALISTSSupporters of the Constitution
Division of powers and system of checks and balances will protect Americans from tyranny
Support came from urban centers:◦ Merchants◦ Skilled workers◦ Laborers◦ Small states with weak governments
George Washington, James Madison
ANTIFEDERALISTS
Opposed having a strong central government◦ Compose a long list of possible abuses of power by a strong
central government
Demanded a Bill of Rights to protect the people
◦ Lack of protection for individual rights Government will serve the interests of the privileged minority
◦ Support came from rural areas: Large states with strong economies
Patrick Henry, Sam Adams, Richard Henry Lee
The Federalist Papers
Debate over ratification
85 essays are published defending the Constitution in newspapers from 1787-1788
Signed, Publius◦Madison, Hamilton, John Jay
Provided an analysis and explanation of the Constitution◦Sought to disprove all of the issues that the
Antifederalists proposed to the public.