Unit One Presentation #1
THE UNITED STATES CONSTITUTION
WE THE PEOPLE ďƒ’
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We the people of the United States, in order to form a more perfect union, establish justice, insure 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 for the United States of America. Preamble to the US Constitution - _______
OUR FIRST TRY
_____________________ Articles of Confederation was the precursor to our current Constitution. Due to the experience with Great Britain early US citizens wanted most of the power to remain with the ______. states The Confederation failed to adequately maintain order in the new burgeoning country. Why?
The current U.S. Constitution favors the Federal Government and is the basic instrument of government and supreme law of the United States.
ARTICLES OF THE U.S. CONSTITUTION
Almost everyone agreed on the 3 branches of checks and balances in a federal government Article
Establishes the Legislative Branch One: _______________________ Establishes the Executive Branch Article Two: _______________________ Establishes the Judicial Branch Article Three: ______________________ – Article Four: –Relationship between the states and the Federal government. – Article Five: –Describes the process necessary to amend the Constitution. – Article Six: –Establishes the U.S. Constitution as the Supreme law of the land. –Article Seven: –Requirements for ratification of the Constitution.
COMPROMISE IS KING Large State v. Small State -
Slave vs. Free -
Direct or indirect elections –
Should the smaller states have the same power as larger ones?
How should slaves be counted in the census?
Are the masses capable of making informed decisions?
Congress vs. the Executive –
Federalists vs. AntiFederalists –
Should the Legislative or the Executive branch have more power?
Should the Federal or State Governments be in charge?
THE GREAT COMPROMISE!
Senate
House of Representatives
has _____ two representatives from each state and represents each state at the national level. each state is determined by population the ___________and represents the citizens at the national level.
The President represents all the states in the Union.
HOW A BILL BECOMES A LAW
Filibuster, Veto, Checks and Balances, Committees, Branches of Government
RATIFICATION ISSUES
Many delegates at the Convention opposed the final draft of the Constitution. Issues that defined the “factions”, no political parties where yet formed.
Few limits on the Central Government. Federal Courts overruled State Courts. Senators were elected by state legislators. No specific rights for individuals …
In short, to much power to the Federal government
FEDERALISTS
Federalists
They did not want to have individuals responsible for maintaining our rights and freedoms. They may have lacked confidence in the masses to understand the important duties of a democracy. They also believed that the classical representative republic/______________ style of government would be too hard to maintain in such a large & diverse country. Why? ___________
Alexander Hamilton
ANTI-FEDERALISTS
Anti- Federalism
They believed that success and security resided in a nation of _____________ small farmers all of whom owned property and a stake in society.
They wanted to maintain the ideals of a classical republic state where civic virtue would be maintained because everyone would have a stake in the outcome.
They also needed assurance against _________________. corruption of power
Thomas Jefferson
POLITICAL PHILOSOPHIES
The Federalists knew that the Constitution would be a hard sell, so to help the ratification process Alexander Hamilton,______________, James Madison and John Jay wrote a series of The Federalist Papers essays called___________________. The Federalist Papers tried to persuade the new citizens of America that the Constitution was fine as it was written. They
Separation of Powers clamed the _____________________ and checks and balances would protect individual freedoms or their Natural Rights and protect from corruption of power. Although political parties are never mentioned in the Constitution. Their political power is undeniable. In this case Hamilton and his fellow Federalists manipulated the information in a fashion that supported their positions. Today Political Spin this is called _____________
BILL OF RIGHTS
The process was long and hard and the Federalists finally had to concede to the Anti-Federalists demands for the____________ Bill of Rights in order to get the Constitution ratified.
However, The Supremacy Clause in Article VI of the U.S. Constitution holds that federal government and the_________________ all laws and treaties based on it, are “the supreme law of the land.”
Ninth and Tenth However, The ________________ Amendment to the U.S. Constitution specifies that powers not granted to the national government are reserved, or held, only by the states or the people.
FEDERALISM & STATES RIGHTS! –The Constitution was drafted by the Constitutional 1789 Convention and became fully effective in _______. The issue of states rights vs. federal supremacy has been raging ever since. The media often refers to this debate as _________ Federalism or States Rights. In the 2004 presidential elections one of the hottest political debates concerned gay marriage. Did the Massachusetts Supreme Court have the right to declare restrictions on gay marriage unconstitutional? Unfunded Mandates - In 1997, the Supreme Court ruled that parts of the Brady Bill were unconstitutional. Congress could not compel Local _______ law enforcement officers to conduct background checks on gun buyers.
TODAY’S POLITICAL PARTIES
Many of the same political debates that where argued during the founding of our country are still debated today within our two political parties.
Democrats Republicans Both the ____________ and the _____________today agree that the Bill of Rights was the right way to go. They also agree on the principal that our government’s primary duty is to secure our civil rights. However, they disagree on how those civil rights should be maintained. • •
When should power remain with the Federal Government or when should it be delegated to the states? When there is a disagreement over the law how should the Constitution be interrupted?
Depending on how you feel about these subjects often determines which political party you associate with.
INTERPRETING THE CONSTITUTION
Supreme Court The ______________ has the responsibility to translate the Constitution’s meanings or “interrupt it”. Americans disagree about how the language in the constitution should be interpreted.
Judge Thomas & Judge Scalia
Some people believe that the Constitution should be interpreted strictly. They follow the literal meanings of the framers.
Others believe that the court should merely apply the ideas of the Constitution. They interpret it broadly. Meaning it should be adjusted or evolve to current situations.
ISSUES
Strict Constructionism
They interpret the Constitution Strictly. These people believe that the principles of the Constitution should be followed precisely. If change is needed it can be amended.
Gay Marriage
Broad Constructionism/Activist
They interpret the Constitution broadly. Assume the Founders wrote in vague terms so it would evolve with the country. How does this issue manifest itself in today’s politics?
Abortion Rights
Gore v. Bush
PRAYER IN PUBLIC SCHOOLS
Freedom of Religion? “Congress shall make no law respecting an establishment of religion or prohibiting the exercise thereof”. Courts have ruled that this means there should be a separation of Church and State. But where does the Establishment Clause end and the Free Exercise Clause begin?
LIBERAL VS. CONSERVATIVE
Separationists: believe that there should be a clear line between religion and government. Why?
Accommodationists: believe that the government should not try to deny that Americans are a religious people and that at least the government should acknowledge that there is a God. Why?
–They believe that it is
impossible to give equal representation to all religions, therefore the government should not acknowledge any or stay neutral.
–They argue that by eliminating
any reference to religion our government is not being honest with it’s citizens and is missing an opportunity to promote morals and values in public schools.
SPECIAL INTEREST GROUPS
Special Interest Groups like the American Civil Liberties Union (ACLU) and the Christian Coalition are _____________________________________ organized to lobby and educate politicians, _______________________________________ courts, and citizens on particular political agendas. Religion in this case. They often pressure politicians to pass laws that either promote or diminish the role religion plays in our society. How? These “watchdog” groups will often pay for lawyers, advertisements, rally’s etc. and work to persuade the courts or public opinion to see things their way.
THE MANAGEMENT OF OUR CIVIL RIGHTS Centrally “Freedom from Want”
Civil Rights Human Individual Unalienable Inalienable Natural
People work better in groups Ancient Greeks – Aristotle etc.
Alexander Hamilton Federalists
Liberal “Left of Center”
Democrats
Locally “Freedom to Act”
People work better as Individuals
Natural Rights Phil. - John Locke etc. Thomas Jefferson
Anti- Federalist Conservative
“Right of Center” Republicans