The American Constitution

Why draft a Constitution?• The Articles of Confederation were a

failure– Inability to tax– State sovereignty over federal– No presidential veto– No common currency

*Positives?-Land Ordinance of 1785: set up a system of surveying and selling land in the Northwest Territory

What was the final straw before creating the Constitution?

• SHAY’S REBELLION– (1786–87), an uprising of poor farmers in

the US led by D. Shays; it was aimed to protest class struggle that existed after the close of the American Revolution

– Predominately indebted farmers

What Enlightenment philosopher’s impacted the

drafting?

• John Lock

• Baron Montesquieu

Who were the Federalists and Anti-Federalists?

• Federalists: want a stronger national gov’t– Formed by A. Hamilton– J. Madison, G. Washington (but claims

independent when president)

• Anti-Federalists: afraid of big gov’t– Led by P. Henry– T. Jefferson – Advocated for a “bill of rights”

What about the Virginia Plan?

And the New Jersey Plan?

Which plan was more influential?

• The American Constitution took into account both plans

• Remnants of each plan can be visible in American gov’t

All of these ideas lead to…

• The Constitution is composed of:

– Preamble– 7 articles– Amendments

http://www.schooltube.com/video/b5481d6eda7b2be5a4ac/

What is outlined in the constitution?

• The first three articles of the US Constitution sets up the US government as a republic with three separate branches of government:– Legislative

• bicameral– Executive Branch

• led by the president– Judicial Branch

Also, in article two…• Electoral College: 538 voters; must

have at least 270 to win an election– While watching the video, figure out:1. How many electoral votes does a state

receive?2. Whose vote does the college represent?

http://www.schooltube.com/video/ee1f3005a68bfe608934/Electoral-College

What is outlined in the constitution?

• Article four describes the relationship between the states and the federal government – Describes how to admit new states

• Article five describes how to amend the Constitution

• Article six establishes the Constitution as the supreme law of the USA

• Article seven lists the requirements for ratification of the Constitution– RI was the last of the 13 original colonies to ratify

in 1790

What is the Bill of Rights?• Anti-federalists felt “unprotected” from

their government w/ out documentation of their individual rights

• Amendments 1-10 (1791)– Preserves the rights of the people

What makes up Congress?• Congress (535)

– Bicameral: House (435) and Senate (100)• House of Representatives (2yrs)

– at least 25 years of age– a citizen of the United States for at least seven

years prior to election – a resident of the state he or she is chosen to

represent• Senate (6yrs)

– at least 30 years old– a U.S. citizen for at least nine years at the time of

election to the Senate – a resident of the state one is elected to represent

in the Senate

How does a bill become a law?1. A member of Congress introduces a bill.

2. Committees review and vote on the bill.

3. The House and the Senate debate and vote on the bill.

4. The President signs the bill—or not.

• Congress can try to overrule a veto. If both the Senate and the House pass the bill by a two-thirds majority.

http://w

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deo/89a42a6866404f4baab7/Im

-Just-a-Bill

What are the powers of the president defined by the

Const.?

1. Appointment power2. Convene Congress3. Make Treaties4. Veto Power5. Commander-in-Chief6. The pardoning power

What’s the role of the Supreme Court?

• 9 Justices led by Chief Justice– Appointed for life unless they resign,

retire, or are impeached • Determine constitutionality of laws and

executive decisions• Marbury v. Madison(1803): first

Supreme Court case where a law was declared unconstitutional

How do checks and balances work?

What is the elastic clause?• Congress has the power to create laws

that are necessary and proper to ensure that rights of the land are protected.