Early Documents that Influenced the Constitution EQ: What were the early documents and their influence over the Constitution?

Early Documents that Influenced the Constitution

EQ: What were the early documents and their influence over the

Constitution?

Preamble

• Constitution combines Strength and Flexibility-why the Constitution is a lasting document

• Words were chosen very carefully• Introduction of Constitution- the Preamble

– tells the goals of the Constitution• “We the people”-1st 3 words• Power comes from ordinary Americans concept known a

popular sovereignty: idea that government’s authority comes from the people

• Constitution divided into articles to make it easier to understand by ordinary citizens

Preamble Review• What is the introduction to the Constitution called?• How did the delegates organize the Constitution so ordinary

citizens could understand it?• Constitution is considered a living document because it combines

what 2 things?• What are the 1st 3 words of the Constitution?• A phrase in the Preamble is “ensure domestic tranquility”, what

does tranquility mean?• Why is September called Constitution month?• The delegates met at Independence Hall where they wrote the

Constitution. Where is Independence Hall Located?• Define popular sovereignty. Who ruled America before the people?

Magna Carta

• 1215: Required the King to obey the law and limited his power

• Protected the English Citizens from the King from being above the law

• Provided procedures for legal procedures for English citizens

• Influenced the development of common law and the US Constitution

English Bill of Rights

• 1689: Act of the Parliament of England• Stated rights that English citizens were entitled

to– Right to petition– Right to bear arms

• Required the Crown to get the consent of the people

• First 8 Amendments to the US Constitution echo the contents of the 1689 Bill of Rights

The Mayflower Compact

• 1620• First Governing document of Plymouth Colony• Drafted by Pilgrims who were aboard the

Mayflower seeking religious freedom• Signed by 41 men• The Compact was based upon a majoritarian

model and the settlers’ allegiance to the king-SOCIAL CONTRACT in which rules had to be followed for survival.

Virginia Statue for Religious Freedom

• Written in 1779 by Thomas Jefferson• 793 Word statute is divided into 3 parts

– Part 1 argues that the concept of a required religion is wrong b/c• God has made the mind free and nothing should be imposed• God never forced people to follow him• Making people follow a religion they don’t believe is tyranny• Civil rights do not depend on religious beliefs

• Bill made on 1786• Influenced 1st Amendment of US Constitution and the idea of

separation of Church and State(8.2.5 Understand the significance of Jefferson's Statute for Religious Freedom as a forerunner of the First Amendment and the origins, purpose, and differing views of the founding fathers on the issue of the separation of church and state)

John Locke

• English philosopher connected to Social Contract theory– explains the appropriate relationship between

individuals and their governments• Two treatise of government– Argued that all men are created equal in the state

of nature by God• Influence is reflected in the D.O.I and US

Constitution

Constitution a More Perfect Union

EQ: How has the Constitution created a more perfect Union and combined

strength and flexibility

Legislative Branch• Makes laws!!!!• Est. in Article I of the Constitution• Bicameral 2 Houses– House of Reps: rep. based on state population– Senate: 2 senators/state– What compromise created this bicameral legislature?

• Members of Congress are elected by a direct vote of the people

• Senate viewed as a representative of the states • House viewed as representative of the people• Congress has the power to impeach– Impeach means Accuse a person of a crime to have him

or her lose their job

Legislative Branch

• Also responsible for • Deciding how to spend money raised by

taxes• Raising an army/navy• Declaring war• Paying debts • Granting citizenship• Establishes federal courts

Legislative Branch

• Power of Impeachment– Congress can remove President or other officials if

they commit crimes related to their job– House of Representatives votes to impeach– If H.O.R. votes yes, President goes on trial in front

of a jury of Senators– Senate decides if he is guilty and should be

removed from office

Executive Branch

• Enforces/Carry out the law!!!!• Est. in Article II of the Constitution– Delegates feared one person having too much power– System of Checks and balances

• President: Leader of the country• VP: President of the Senate becomes Pres. If

President is unable to serve• Cabinet members: Advise President on policy

issues

Judicial Branch

• Interprets the law!!!• Est. in Article III of the Constitution• Supreme Court highest court of the land– There are lower federal courts, but they were not

created in the constitution• A court’s authority to decide the constitutionality

is called judicial review– Decide arguments about he meanings of laws, how

they are applied, and if they break the rules of the constitution

How a Bill becomes a Law!!• Primary Job of congress is to make laws• Any member of the House or Senate can propose a new law

called a BILL!!!– Only the House can propose new taxes– 1st step is bill is assigned to a committee

• If majority in one house votes in favor of the bill it is sent to the other house for debate

• If both houses approve the bill it is sent to the President-a bill becomes a law if the President signs it

• The President can veto (reject) and proposed law• Congress can override the veto, which means passing the bill over

the President’s objection (requires 2/3 majority in both houses)

Checks and Balances between the Branches

• Framers concerned about one branch having too much power and the balance b/w government and individual freedoms!!!– Reason they created 3 branches

• System where each branch can limit the powers of the other two is called checks and balances

• Checks block actions of another branch– Ex. President veto a law, Congress can override veto by 2/3 vote

• Balances allow each branch to have some role in the other 2 branches– Ex. Judges, cabinet members, ambassadors appointed by the

President and senate approves the nominations• Checks and Balances keep any one branch from being too

strong

Most important feature of government

Amendment Process• Framers knew the Constitution would need to be changed over

time!!!• Jefferson said “the earth belongs to the living and not to the

dead”• Needed the Constitution to have a lasting framework!! (Flexibility)• Article V-Changing the Constitution changes are called

AMENDMENTS• Amendments can be proposed 2 ways

– Congress can propose an amendment by at least 2/3 vote of each house– National Convention called by Congress at the request of at least 2/3

state legislatures

Proposing an Amendment

• Congress or the State Legislatures may propose an Amendment (national or states) to start the process

• Proposal1st step• An amendment must be ratified (approved)• 2 ways to ratify– Can be approved by ¾ of state legislatures– Can be approved by special conventions in at least ¾ of

states• Once an amendment is approved it becomes a part

of the constitution

Amending the Constitution

Amendments so far

• People have suggested over 10,000 amendments• ONLY 27 Amendments have been approved• 1st 10 were added almost immediately after the

Constitution was ratified Bill of Rights– Guarantee specific rights to people

• 17 others have been added over time– Some changed the way officials were elected– 13th made slavery illegal– 19th gave women the rights to vote– 26th gave 18 year olds the right to vote

Federal System • Wanted a strong national government while also

wanting states to keep significant powers– Created a federal system power shared b/w nat’l

and state govt’s • Powers belonging to the national government– Declare war and make treaties– Print and coin money– Regulate commerce (Article I)-regulate interstate

commerce US became a free trade zone• Created a common market which allowed goods to move

easily, made it possible to create large businesses, created a single Nat'l economy

Federal System

• Powers belonging to the states• Constitution does not spell out specific powers of the

states gives states ability to keep powers that are not given to the Nat'l gov’t

• State makes laws in the areas of life – Schools, marriages, est. local gov’t, licensing, most crimes

• Constitution outlines responsibilities of states to one another (article V)-Each state must give “full Faith and Credit”– Meaning accepting other states laws and court decisions as

legal (ex. A driver’s license in legal in another state)– States also must help each other track down criminals

Federal System

Federal System• Shared Powers – Fed. and state gov’t share powers both can collect taxes,

build roads, borrow $, and regulate edu.• Constitution only provides a framework for sharing

powers framers could not spell out every situation • Law of the Land!!!– Article VI states the Constitution and laws flowing from it

are the supreme law of the land!!– State’s constitutions, laws, and judicial decisions must

agree w/ the Constitution– Anyone elected to state or federal office must support the

Constitution

Popular Participation in Gov’t• Constitution is based on the will of the people

– People expected to take part in their gov’t• Majority rule-basic principle of democracy that says laws

are passed by a majority vote and elections are decided by a majority of voters

• Elections serve the vital function of expressing the will of the people– It is through elections people have a say in what their gov’t

does• Who are the “people”Popular participation has evolved

– Political Parties were not mentioned in the Constitution– Interest groups: organization that actively promotes view on

public issues in order to influence policy