A
nation in turmoil:
-with the nations many problems many people began to criticize the
articles of confederation
-wealthy individuals feared anarchy &
revolution – call for a strong central government
-meetings are held at
-another meeting in
-12 states will meet in
-delegates consist of: 55 delegates, ages 26-81
, 29 lawyers, 17 businessmen,
15 slave owners, no poor men – some of the smartest political
minds – maybe the most ever in one place collectivly
– each brings something necessary for success
-notable delagates include:
major players at the convention
-george washington (president of convention) not politically
brilliant, but brings respect and credibility to the convention (people feared
central government –king, but if gw is there things
are okay)
-ben franklin:
oldest delegate (81 years old) brings experience and common sense to the
convention – witty and calming
-alexander
-james
-noticable missing:
these people did not attend
-john
-thomas
-patrick henry: opposed to stronger central govrernment “i smell a rat!”
-john hancock:
governor of mass. – claims to be busy (really uninterested)
-thomas paine
Purpopse of the
convention:
-meetings held in secret with gaurds at
the door (kept from the public)
-wanted to revise article of confederation
-federal government needed to be able to pay its bills, maintain stable
currency, and control commerce
Motives for the convention:
-ensure saftey of property & liberty
(wanted to avoid peasents rioting)
-curb unrestrained democracy – (avoid
chaotic rule by common people)
-perserve unity andprevent
anarchy
-the convention decided that the articles
cannot be fixed and that they need a new plan of government – first act is to
scrap the articles
Foundations:
-most felt that the new plan of government should be patterned after
state constitutions
-constitution is a document that sets the rules and principles of
government (each state had one)
-state constitution limited the power of the government and
spelled out the rights of citizens
-state constituions:
-people feared putting too much power in the hands of one or a few
-state legislatures: group of men who make laws (elected)
-states had an executive (governor)
-bill of rights to protect the rights of citizens
Other influences:
-greek
democracy & the roman republic
-league of the iroquois:
indian tribe sent reps. From each tribe
-magna carta: english document that limited the power of the king (1215)
-john locke
(philosopher): people are entitled too “life liberty & property”
-montesquieu
(philosopher): seperation of powers (divide up the
power)
-debate over congress (legislature) 2 plans
-
-small states upset
-
-argued
about for months (hot bitter debate)
-the
great compromise (settles the problem)
-congress
will be made up of two parts (house of reps. & senate)
-house
based on population (censuse-elected by people) /
senate each state will get 2 senators equal (elected by state legislatures at
first)
3/5’s
compromise:
what to do about counting slaves as population?
-south
wants to count slaves as population north refuses
-compromise – slaves will be counted as 3/5’s of a person
-three people are credited for every five slaves; slave trade
must end by 1807 (no new slaves from
Seperation of
powers
(how is the power divided?)
-convention
didvided the power of the government into three
branches:
Legislature:
makes laws – executive: enforces laws –judicial: interprets laws
-no
one branch should be more powerful than the others
-“checks
and balances” branches can check each other
Powers
given the congress (legislature)
-divided
into the house and senate (both must pass bills)
-powers
include:
Declaring
war, controls treasury, impeachment power, overrride
veto, make treaties, approve judges, other
-executive:
(president of the
-founding
fathers feared giving power to one man
-created
this branch knowing that
-powers
include: chief law enforcment officer,
commander-in-chief of armed forces, veto, appoints judges and officials
-officially
elected by electoral college and not popular vote
“the masses can be easily manipulated!” Founding fathers
-each
state uses electors to finally elect a president
-meet
every four years to elect a president
-the
judiciary (federal couret system)
-not
well described in constitution art. Iii
-congress
can set up court system as it sees fit
-courts
a like a latter- district, appeals, and supreme court
Results
of the constitutional convention:
-founding
fathers create the greatest document and plan of government ever written
(opinion)
-39
delegate sign
-need
to be ratified by 9 of 13 states to take effect
-
-some
wanted a bill of rights (not part of the original document
-
Federalist
papers:
Federalist:
a person who supports the constituion
-
Ratification:
-after
a bill of right is promised most states agree
-
-constitution
becomes the law of the land and the plan of government!
The
bill of rights: 1791
-people
wanted changes in the constitution to defend individual rights
-bill of rights are the first ten amendments (chages) to the constitution
(see spectaculr and pocket
constitution for each amendment)
How
does the constitution work?
Amending
the constitution:
-amendment
must be proposed: 2 ways
-2/3rds
of congress or 2/3rds of special state conventions can propose
-there
are many proposed amendment
-the
amendment must them be ratified
-in
order to be ratified the proposed amendment must be approved by 3/4ths of the
states (only 27) – tribute to the founding fathers
-congress
is divided into two parts (house and senate)
-both
parts work in the same fashion
-bills
(proposed laws) are introduced by members only
-bills
are researched by committies (divide up the work)
-findings
are presented to entire house
-bill
is debated on the floor
-a vote is taken – if passed by a majority vote it is sent to
the other house
-president must wear many hats for many jobs – living symbol
of
-chief
executive (enforces laws): fbi,
justice dept. Other ways
-chief
of state/chief diplomate: meets with foregn nations
-commander-in-chief:
head of armed forces
-chief
legislature: has friends in congress that introduce bills he supports
-the president has a cabinet (advisors confirmed by senate)
and departments to help him do his job – also agencies, commissions,
corporations to aid in his job
-federal
court system contains many courts other than supreme court
-cases must reach the criteria to give federal courts jurisdiction or the right to hear the case
-cases start in district courts – decisions can be appealed
(ask a higher court to examine the case) to circuit courts of appeals – and
finally to the supreme court
The
supreme court:
-highest
court in the land
Made
up of 8 justices and one chief justice
-justices
are apointed by the president and confirmed by senate
-justices
serve for life (politically insulated)
-court
hears most cases on appeal (limited original jurisdiction: cases between states
& foreign ambassadors)
How
a bill becomes a law:
1.
Bill is introduced in house or senate
2.
Bill is researched by committee
3.
Committee presents its findings
4.
Bill is debated
5.
Bill is voted on
6.
If passed bill is sent to other house
7.
If passed by both houses, bill is sent to president
8. Presidnet may sign the bill (becomes law) he also may veto
bill
*pocket
veto (president sits on the bill for 10 days when congress is not in session
bill dies – if he does not take action for 10 days and congress is in session
the bill becomes law)
9. Congress may overrride veto with a 2/3rd’s vote (becomes law)
Checks & balances:
-power is divided between branches (each branch can check or limit
the power of the others)
-keeps one branch from becoming too powerful
-examples: president can veto a bill, congress can override a
veto, court can rule a law unconstitutional (judicial review), president
appoints judges, senate approves judges, congress may impeach president, judges
Levels of government:
-in the
Federal (national) for the entire country, state (all 50 states
have a government), and local (cities, counties, have governments)
Federalism:
-the constitution futher divided the
power between the federal government and the states
-the federal government and the states share power
-delegated powers: powers given to the federal government in the
constitution (specific) –examples: power to declare war, coin money
-reserved powers: all powers not given to the federal government
in the constitution are resrved for the states (10th
amd.) Examples: driving laws
-concurring powers: powers that both the federal and state
governments may use examples: taxes
State governments:
Works much like federal government
Local:
City
council (legislature), mayor (executive, municipal courts
Voting:
-a
privilege and a responsibility
-3
qualifications: 1. 18 years old 2. Citizen 3. Registered (other state requierments) – see spectacular for amendments concerning sufferage or voting
Requierments to hold office:
President:
Natural born citizen, must be 35 years old, must have lived in
Judicial branch: none
House:
435
members) 2 year terms, must be 25 years old, must be a citizen for at least
7 years, must live in state they represent
Senate:
2 per state, 6 year terms, must be 30 years old, citizen for 9
years, resident of state