The American Constitution, Part I

Magna Carta (1215)

- established that everyone must follow the law, even the King

Mayflower Compact (1620)

-established that the law comes from the people and that people must obey laws made by the group

Articles of the Confederation (1781-1789)

-the first government of the United States, in effect from 1781 to 1789
- unicameral in structure (one house)

Articles of the Confederation (Strengths)

- Treaty of Paris (1783) and the ability to make other treaties
- Northwest Ordinance (1787)
- open trade state to state
- make war and peace
- build a navy/army
- borrow money
- send ambassadors to other countries

Northwest Ordinance (1787)

- It set up a government in the Northwest Territory guaranteeing basic rights to settlers.

- No slavery was allowed in the Northwest Territory.

- Once the territory had 60,000 free settlers, it could ask Congress to be admitted as a new state.

- considered a strength of the Confederate Constitution because it opened up a huge area to land expansion

Articles of the Confederation (Weaknesses)

- in debt and no way to pay
- can't impose taxes
- can't regulate interstate trade
- no executive branch
- no supreme court
- amendments require unanimous (all 13) vote
- new law required 9 of 13 votes
- really can't enforce any laws

Shay's Rebellion (1786-1787)

- an armed uprising by farmers in western Massachusetts in 1786-1787, protesting high taxes, debt collection, and the state's economic policies following the Revolutionary War

- illustrated the Articles of Confederation's

Constitutional Convention (1787)

- a meeting in Philadelphia to revise the Articles of Confederation, but delegates ended up creating the U.S. Constitution instead

The Virginia Plan

- presented at the Constitutional Convention as one proposal for the new constitution

- bicameral legislature (house and senate)
- favored the large states because representation would be based on state population

The New Jersey Plan

- presented at the Constitutional Convention as one proposal for the new constitution

- unicameral legislature (one house)
- favored the small states because representation would be equal regardless of state size

The Great Compromise

- an agreement during the 1787 Constitutional Convention that created a bicameral legislature

- Senate - each state will have 2 senators

- House of Representatives - representative number based on state population

3/5s Compromise

- enslaved people would be counted as three-fifths of a person for the purposes of both representation in the House of Representatives and taxation

Declaration of Independence (Grievance 1) - How was this grievance addressed in the new Constitution?

- "He (King George) has refused his Assent (agree) to Laws, the most wholesome and necessary for the public good."

--Very similar to Congress's ability to override a presidential veto when necessary.

Declaration of Independence (Grievance 2) - How was this grievance addressed in the new Constitution?

- "For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever..."

--Sounds a lot like Article I, Section 1 of the Constitution: "All legislative powers herein granted shall be vested in a Congress of the United States..."

Declaration of Independence (Grievance 3)

- "For imposing taxes on us without consent."

--Explains why colonists were unhappy about their lack of representation in the British parliament.

7 Principles of the new U.S. Constitution

- Popular Sovereignty
- Republicanism
- Federalism
- Separation of Powers
- Checks and Balances
- Limited Government
- Individual Rights

Popular Sovereignty

- the government gets its power from the people
- the people rule!

Ex. Amendment 19 gave women the right to vote (women, people, now have the power)

Republicanism

- people elect representatives to government to make decisions on behalf of the voters

Ex. Voters in Virginia elected the first African American governor to office in 1989

Federalism

- power is shared between the Federal Government and the state

Ex. states make marriage laws for their own state

Separation of Powers

- the Federal Government is divided up into 3 separate branches.

Ex. The President is commander-in-chief of the military

Checks and Balances

- 3 branches have the power to veto (check) the actions of the other branches

Ex. Congress approved President Reagan's appointment of Sandra Day O'Conner to the Supreme Court

Limited Government

- the government has only the power the Constitution gives to it

Ex. The President and all other government officials must obey the law like all American citizens

Individual Rights

- Protection of people's individual freedoms - found in the Bill of Rights

Three Branches of Government

Legislative
Executive
Judicial

Legislative Branch

Congress (Senate and House of Representatives)

- bicameral (two houses)

- make laws

- Article I of the Constitution

Executive Branch

President, Vice President, and Cabinet

- enforces/carries out laws

- Article II of the Constitution

Judicial Branch

Supreme Court and other federal courts

- interprets the laws

- Article III of the Constitution