Articles of Confederation 1. First government after the Revolutionary War 2. 13-independent countries. 3. Did not have an allegiance for one another.

Articles of Confederation 1. First government

after the Revolutionary War

2. 13-independent countries.

3. Did not have an allegiance for one another.

Strengthsof the Articles of Confederation

1.Could declare war on other countries

2.Could enter into treaties with other countries

Weaknesses of the Articles1. Can’t tax2. No President/

Executive.3. Can’t regulate

trade between states.

4. Nine out of 13 states had to agree before laws could be made.

5. 13 out of 13 states had to agree before the Articles could be changed/ amended.

6. No national courts to help settle disputes

between states.

Essential Questions:1. Tell what the

Articles could do2. Explain why not

being able to tax was serious for the new government?

AssignmentCreate a small poster highlighting one of the problems of the Articles of Confederation.

Philadelphia Convention1. Representatives

met to revise the Articles of Confederation

2. They decided to get rid of the Articles and create an entirely new Constitution

1. Unicameral (one house)

2. Equal representation

3. One vote per state 

New Jersey Plan – William Patterson

Virginia Plan - James Madison1. Bicameral (two

houses)2. Representation

based on population per state

3. Vote based on population

4. Also. thinks a third branch of government should be included – Judicial Branch

Great Compromise – Roger Sherman

1.Two housesa.Upper house (Senate ) equal representation satisfied the smaller populated statesb.Lower house (House of Representatives) representation based on population satisfied the larger populated states. 

3/5th Compromise 1. Southern states

wanted to count their slaves for representation purposes

2. Northern states wanted to count their slaves for taxation purposes.

1. For every 5 slaves, 3 will be counted for taxation purposes – satisfies the Northern states.

2.For every 5 slaves, 3 will be counted for representation purposes – satisfies Southern states

Important People George Washington

– Chosen President of the Constitutional Convention because of the respect he gained during the Revolutionary War

James Madison Father of the U.S.

Constitution because he took meticulous notes.

Federalists and Anti Federalists

1. Federalists – Wanted a strong central government – approved the new Constitution

2. Anti-Federalists – Hoped to keep more power with the states – did not want to approve the Constitution

3.The Federalists Papers

a. Written by John Jay, James Madison and Alexander Hamilton

b. Series of essays that helped take away the fears the anti-federalists had about a strong central government

4. Printed in New York Newspapers first:

a. Large population with a lot of disagreement about the fairness of the Constitution

b. Federalists needed to persuade NY to approve/ratify the Constitution

Basic Principles of the Constitution

Popular SovereigntyLimited GovernmentSeparation of PowersChecks and BalancesJudicial ReviewFederalism

Principles of the U.S. Constitution

Federalism - principle of the U.S. Constitution that divides the powers between the national and state governments.

Federalism Broken Down1. Delegated –

federal powers2. Concurrent –

Powers shared by both the Federal government and the States

3. Reserved – Rights ONLY the States have 

Types of Power1. Delegated powers- those powers given to the government by the people.

a. Expressed powers- those powers specifically written in the constitution.b. Implied powers- those powers not specifically written, but understood from the ones that are.c. Inherent powers- those powers given to the government by the nature of being a sovereign power.

Types of Power Continued…

2. Reserved powers- those powers that can only be carried out by the state level of government.3. Exclusive powers- those powers that can only be carried out by the national level.

Types of Power Continued…

4. Concurrent powers - powers that can be exercised by both national and state levels.5. Denied powers- those powers that the government is not allowed to use.

SummaryExplain what federalism is. Why do you believe the founding fathers chose to have a federal government?

Preamble“We the people of the United States, in order for form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution of the United States of America.”

Popular Sovereignty Giving people the opportunity to make decisions by voting.

Checks and Balances

Allowing each Branch of the government to monitor one another so none become too powerful

Checks and Balances for Each Branch - Examples

1. Presidential Veto – refusal to sign a bill into law (Executive Branch)

2. Congressional override of Presidents veto with a 2/3rd’s vote (Legislative Branch)

3. Judicial Review – Supreme Court determines if a law is constitutional (Judicial Branch)

Separation of Powers Each branch of the

government having their own distinct responsibility

Limited Government1. Government can only

do what the people say it can do.

2. Everyone has to obey the laws – including the government.a. Article 1, sect. 9 &10 - it specifically identifies powers that congress cannot exercise.b. Amendments often deal with protected rights. – p 765

Due ProcessHabeas Corpus – prevents unjust

arrests and imprisonments. There must be a good reason to keep someone in prison.

Bill of Attainder – punishment without a court trial

Ex Post Facto laws – a law passed after the fact.

Judicial ReviewPower of the courts to determine whether what government does is in accord with what the Constitution provides. - The power to declare an action unconstitutional.Marbury v Madison

a. Marbury vs. Madison (1803)1. The first time the Supreme Court overturned the action of another branch of the national government.

2. The importance if the precedent set for the court’s power to overturn any government action.3. examples: Roe vs. Wade (1973)- legalized abortion

b. Plessy vs. Ferguson (1896) - separate but equalc. Brown vs. the Bd. of Ed. Topeka, Ka. (1954) - separate but equal is not OK in schoolsd. TLO vs. New Jersey (1987) - gave schools the right to search students and property without probable cause

Constitution Format1. Preamble - the introductory paragraph of the constitution explaining the purpose of the constitution.

Constitution Format Continued…

2. 7 Articles:a. Article 1- legislative branch b. Article 2- executive branchc. Article 3- judicial branchd. Article 4- relations of statese. Article 5- amendment processf. Article 6- Oath of office, supremacy of law, national debtsg. Article 7- ratification

Constitution Format Continued…

3. Amendmentsa. The first ten amendments are the Bill of Rights.b. There are 27 amendments in the constitution.

Formal Amendment Process

1. Article 5 of the constitution establishes the method to amend the constitution.2. Amendment- to officially change a document by adding to it or deleting from it.3. The constitution has been formally amended 27 times4. The first ten amendments were added in 1791 and are called the Bill of Rights.

Formal Process Continued…

Proposal by National Level

2/3 of both houses of congress may propose

2/3 of the states holding a national convention may propose

Ratification by State level

3/4 of state legislatures may ratify

3/4 of states holding conventions may ratify

Informal Amendment Procedures

1. Basic Legislation- laws written that add detail to the vague writings of our constitution

a. Art 1. Sect 8, - 1 – gives Congress power to tax. Congress has written many laws over the years establishing different types of taxes.b. Art 1, Sect 8, -12, 13 - the power to establish an Army and Navy were stated, but no mention of an Air Force or NASA.

Informal Amendment Procedures Continued…

2. Executive actions- various methods in which Presidents have exercised their powers in office.

a. Strong Presidents have actually expanded the powers of the executive branch.b. Police actions with military and executive agreements.

Informal Amendment Procedures Continued…3. Court decisions- courts interpret the meaning of the constitution through court cases they hear, expanding or limiting the powers of government.4. Party Practices- the development of political parties has influence the way our government runs.

Informal Amendment Procedures Continued…5. Customs - actions taken by government officials for the first time set (established) a precedent for the way things are to be done in the future.

Review of the Constitution

ERASection 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.Section 3. This amendment shall take effect two years after the date of ratification.

Consider…Do you think that this amendment should have passed? Why do you think that this amendment was not successful? Are there any times when gender should matter?

Now Consider….Sexual assault lawsthe DraftRestroomsChild custodyAlimony