Ordinances

Land Ordinance of 1785: What was it? Describe it (what the land was divided into, the numbers, who the money went to, its purpose, etc.)

• A law that organized how land in the Northwest Territory would be surveyed and sold. 

• The land was divided into townships, each 6 miles on each side. 

• Inside each township, smaller sections of land were created, each 1 mile on each side. 

• Section 16 of each township was set aside to build public schools. 

• The government earned $640 from each section of land sold. 

• This helped raise money for the national government, which had debts to pay from loans, soldiers, etc. 

Northwest Ordinance of 1785: What was it? Describe it (numbers, the process, slavery, rights, etc.)

• A law that created a process for governing the Northwest Territory. 

  • There was a 3 step process for admitting new states. 

    • 1. Congress would appoint a governor, a secretary, and three judges to oversee the territory. 

    • 2. Once there were 5,000 free adult male settlers, the territory could elect a legislature (group of people to make laws). 

    • 3. When the population reached 60,000 people, the territory could ask to become a state. 

  • Slavery was banned in the Northwest Territory. 

  • Settlers were guaranteed basic rights like freedom of speech, trial by jury, and freedom of religion. 

Who was Daniel Shays?

A farmer and veteran of the Revolutionary War who led farmers in a rebellion against the state government. They protested by shutting down courts and attempting to seize weapons at an armory, but the state militia stopped them.

When was Shays’ rebellion? How many people were there? Where was it?

•  Around 1,000 farmers in western Massachusetts led by Daniel Shays, a farmer and veteran of the Revolutionary War, in the late 1780s.

Preamble goals & meanings

• To form a more perfect union = The Framers wanted to work together as a unified nation rather than as states that were seen as separate nations (better than Articles of Confederation which was only an alliance).

• To establish justice: The Framers knew the nation needed a uniform system to settle legal disputes, and the American justice system today is equal and fair to everyone. There was no judicial branch in the Articles of Confederation.

• To ensure domestic tranquility = Under the Constitution, the government has the power to ensure peace and order within our nation’s borders. Example: National Guard’s assistance in disaster areas. NO MORE SHAYS’ REBELLION!

• To provide for the common defense - The Framers of the Constitution gave the national government the power to raise armies and placed the military under civilian (nonmilitary) control. It protects the citizens from foreign attack, which is the government’s duty. 

• To promote the general welfare - The Constitution set out to give the national government the means to promote the general welfare (well-being) of all its citizens. It helps provide services to keep us happy, healthy, and promote welfare.

• To ensure the blessings of liberty = Liberty was a major goal in the  Constitution, as Americans fought for this freedom in the Revolutionary War. Amendments extend these liberties to all Americans. We value freedom (liberty) and will protect citizens’ rights.

Current Speaker of the House

Mike Johnson

If the President is impeached, who acts as the judge for impeachment trials? Who is the judge of non-presidential impeachment trials?

• If the President is impeached, the Chief Justice of the Supreme Court acts as the judge.

• The pro tempore is the judge of non-presidential impeachment trials

The Virginia Plan vs. New Jersey Plan, compromise

Virginia Plan: A proposal for a strong national government with representation based on population. It proposed for the government to be bicameral.

New Jersey Plan: A proposal for a unicameral legislature with equal representation for each state.

The Great Compromise/The Connecticut Compromise led to the creation of a bicameral legislature with an Upper and Lower House and the creation of a strong central government with three separate branches, balancing both plans.

20 year

Period for Congress’s lack power to ban the importation of slaves, as established by the Constitution (until 1808), but they could tax it up to $10 per person (Article I, Section 9, Clause I)

The Fugitive Slave Agreement

• Fugitive (runaway) slaves must be returned to their owners in the south.  

• Northern delegates compromised to keep the country united and avoid ruining the national economy. 

The debate about a Bill of Rights

• The Federalists agreed to add a Bill of Rights to the Constitution, which was a compromise that allowed the Constitution to get signed. This Bill of Rights included 10 amendments that protected citizens’ freedoms, and the Anti-Federalists were happy because the Bill of Rights limited the central government’s power. 

• The  Federalists and Anti-Federalists were factions, or opposing groups.

Federalists vs. Anti-Federalists

The Federalists supported a strong central government and the ratification of the Constitution, as they believed the Articles of Confederation weren’t enough and thought the three branches would prevent the abuse of power, while the Anti-Federalists opposed the Constitution, advocating for states' rights and the inclusion of a Bill of Rights to protect individual liberties. The Anti-Federalists held more principles of the Articles of Confederation, as they wanted more power for the states.

• Who were Federalists?

• Federalists were supporters of the Constitution who wanted a strong national government.

• Notable figures who were Federalists include James Madison, Alexander Hamilton, John Jay, John Marshall, and wealthy businessmen.

• Who were Anti-Federalists?

• Anti-Federalists were the group who opposed the Constitution and wanted strong state governments.

• Notable figures who were Anti-Federalists include Patrick Henry, George Mason, John Adams, Samuel Adams, George Clinton, farmers, and small-town citizens.

The Federalist Papers

• The Federalist Papers were written by James Madison, Alexander Hamilton, and John Jay to explain and defend the Constitution. These Federalists believed the Constitution was strong enough to protect the country without adding a Bill of Rights.

• Objection to the Constitutional Government

• “Objections to this Constitution of Government” was written by George Mason (Anti-Federalist) because he felt the Constitution needed a Bill of Rights. He feared that the government would take away freedoms if specific rights were not protected. 

When was the Constitution ratified? What allowed it to become ratified? When was the Bill of Rights ratified?

• The Anti-Federalists were happy because the Bill of Rights, which was ratified in 1791, limited the central government’s power. 

• The Constitution was eventually ratified in June of 1788, when New Hampshire, the ninth state, agreed to ratify it. There was still a lack of national unity, however, because two of the  largest states, New York and Virginia, did not ratify the plan yet. The Bill of Rights allowed the Constitution to become ratified.

Roman Empire influence: Why it was admired, why it fell, how we would avoid their mistakes

• The founders admired Roman citizens’ loyalty to their country and willingness to work for the common good.

• The Roman Republic fell because leaders became corrupt, and the  government  stopped serving the people. Too much power went to individuals. This was a warning to the founders.

• The  framers believed that the U.S. needed a Constitution to limit power, protect laws, and encourage citizens to stay informed and involved. They believed that this would allow our republic to avoid the fate of Rome’s republic. 

English Government influence: Documents that had a precedent, founder familiarity

• The Magna Carta introduced significant ideas, including that everyone, including the king, must follow the law, and that people have rights that the government cannot take away. 

• The English Bill of Rights influenced the founders' ideas about the structure of the U.S. Government because it showed that the government should protect rights like free speech, a fair trial, and no cruel punishment. 

• The  founders grew up under English rule, so they were familiar with English laws and ideas like limiting government power and protecting rights.

Colonial Governments influence: Values, principles, limits to rights

• Colonists often held town meetings and set up their own local governments, which taught them the value of making their own laws. This was a crucial way of self-governing. 

• The framers made sure that power was divided between three branches and included checks and balances to stop one group from having too much power. 

• Women, enslaved people, and some poor men were not allowed to vote or fully participate in government with the new American government. These were limits to democratic rights. 

• Enlightenment: Locke, Montesquieu

• Locke believed in natural rights, like life, liberty, and property. He said the government should protect these rights, and if it didn't people could change the government. The Bill of Rights in the Constitution protected the citizens’ rights. 

• Montesquieu’s ideas helped ensure no one branch of government would become too powerful, which creates a fair system. That is why the founders were drawn to Montesquieu’s ideas about the rule of law and separation of powers. Our federal government in the Constitution reflected that, as we created three branches of government (executive, legislative, and judicial). The Constitution also had checks and balances on each branch of government. 

Why was our Constitution written?

• A written Constitution for America made the rules clear so no one could ignore or change them unfairly, which contrasts the British Constitution. 

7 Principles

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

(1) Popular Sovereignty:

The people have the right to alter or abolish their government because they have supreme power, or sovereignty, over the government. No one rules because of divine right. The government gets its powers from the people, who participate in the government by voting (majority rules). The government is “for the people, by the people”.

Example: First three words of the preamble - “We the People…”

(2) Limited Government:

In a limited government, the government only has the powers that the Constitution gives it. Everyone from myself to the President must obey the law. The national government has restrictions but needs flexibility to govern effectively. It was a Magna  Carta influence. 

Example: Taxes on exports - “No Tax or Duty shall be laid on Articles exported from any State” (Article I, Section 9, Clause 5).

(3) Separation of Powers:

The Framers provided for a separation of powers to further limit government power. The Constitution separates the government into three branches. The legislative branch, or Congress, makes the laws. The executive branch, headed by the President, carries out the laws. The judicial branch, or courts, determines whether actions violate laws and whether laws violate the Constitution. The Enlightenment influenced it. Example: Articles I, II, III (Powers of Legislative, Executive, Judicial)

(4) Checks and Balances:

A system of checks and balances safeguards against abuse of power. Each branch of government has  the power to check, or limit, the actions of the other twoo. The separation of powers allows for this system of checks and balances. No one branch holds all the power! One reason the government has survived for more than 200 years is because of this system. Example: Article I, Section 3, Clause 6 (Impeachment Trials)

(5) Federalism:

Federalism is the division of power between the federal government and the  states. The Constitution gives the federal government the power to coin money, declare war, and regulate trade between the states. States regulate trade within their own borders, make rules for state elections, and establish schools. Powers not clearly given to the federal government  belong to the states. Some powers are shared between the federal government and the states, resulting in dual sovereignty or concurred powers; the federal government and the states both exercise authority over the same territory and people. Example: Article I, Section 10, Clause 1 (Federalism)

(6) Republicanism:

The United States is a constitutional republic, as the Constitution provides for a republican form of government. This means that the Constitution provides the basis for its republican form of government. Citizens elect representatives to carry out their will, and  representatives vote according to their own judgment in office, but must remain open to the opinions of the people they represent. This is why members  of Congress maintain Websites and offices in their home districts. The idea of a Republican government came from the Roman Republic. 

Example: Amendment 17 (Popular Election of Senators, also Popular Sovereignty), Article I, Section 3, Clause 1 (Composition; Election, Term, also Popular Sovereignty) 

(7) Individual Rights:

Individual rights, such as freedom of speech, freedom of religion, and the right to a trial by jury, are protected by the Constitution. This idea comes from natural rights in the Enlightenment.

Example: Amendment 19 (Women’s Suffrage, also popular sovereignty) 

Preamble purpose

• The purpose of the Preamble is to outline the goals for the government. 

Body of the constitution - purpose of articles

• The main body of the  Constitution is divided into 7 sections called articles, and their purpose is to reflect the seven basic principles of popular sovereignty, limited government, separation of powers, checks and balances, federalism, republicanism, and individual rights.

  • Article I: The Legislative Branch (establish powers and limits on Congress)

  • Article II: The Executive Branch (establish powers and limits of President) 

  • Article III: The Judicial Branch (establishes powers courts) 

  • Article IV: Relation of the States to Each Other (and federal government)

  • Article V: Amending the Constitution

  • Article VI National Debts (Supremacy)

  • Article VII: Ratifying the Constitution (Modif procedures)

10 Amendments (Bill of Rights)

• Amendment 1: Freedom of religion, speech, press, assembly, and petition. 

• Amendment 2: Right to keep and bear arms. 

• Amendment 3: No quartering of soldiers. 

• Amendment 4: Freedom from unreasonable searches and  seizures.

• Amendment 5: Right to due process of law, freedom from self-incrimination, double jeopardy.

• Amendment 6: Right to a speedy and public trial.

• Amendment 7: Right of trial by jury.

• Amendment 8: Freedom from excessive bail, and cruel and unusual punishments.

• Amendment 9: Other rights of the people. 

• Amendment 10: Powers reserved to the states. 

Article I, Section I

(include what power it describes, how the powers/work gets done, who holds the powers, etc.)

Congress: Section 1

• Congress is the legislative Power.

• All legislative (law-making) powers are held by the Congress of the United States and consist of the House of Representatives and Senate (bicameral). 

• Most of Congress’s work happens in committees, where they discuss topics like education, defense, and agriculture.

Article I, Section 2

• Apportionment

• Qualifications

• Term

• Speaker of the House

• Role in Impeachment

• Power of the Purse

House of Representatives (lower house in Congress - Section 2)

• Apportionment

  • The number of Representatives and the collection of direct taxes are distributed based on state populations (Article I, Section 2, Clause 3).

  • Originally, the “Three-Fifths Compromise,” counted enslaved people as three-fifths of a person. The Constitution doesn’t explicitly use the words “slave” or “slavery”.

• Qualifications

  • The qualifications for representatives is to be at least 25 years old, to be a U.S. citizen for at least 7 years, and to live in the state they want to represent (Article I, Section 2, Clause 2).

• Term

  • Representatives serve for 2 years (Article I, Section 2, Clause 1).

• Speaker of the House (role, who currently holds this position?

  • The Speaker of the House regulates debates, controls the agenda, and is next in line to be President if the president dies or leaves office early (Article I, Section 2, Clause 5).

  • Mike Johnson is the current Speaker of the House.

• Role in Impeachment (Officers and Impeachment)

  • The House of Representatives has the sole power of impeachment, meaning it can accuse government officials (including the President) of wrongdoing (Article I, Section 2, Clause 5).

  • A majority vote in the House of Representatives is needed to impeach someone. 

  • If the President is impeached, the Chief Justice of the Supreme Court acts as the judge.

• Power of the Purse

  • Congress controls all things money (tax, borrow, and spend), especially the House of Representatives (Article I, Section 7, Clause 1), as all bills for raising revenue must originate in the House.

Article I, Section 3

Qualifications

Term

Roles of: President of the Senate vs. Majority Leader vs. President Pro TEmpore

Senate Majority Leader (role and who currently holds this posiiton?)

Role in impeachment

Senate (Upper house of Congress - Section 3)

• Qualifications

  • Senators must be at least 30 years old, a U.S. citizen for 9 years, and live in the state they want to represent (Article I, Section 3, Clause 3).

• Term

  • Senators serve for 6 years (Article I, Section 3, Clause 1).

• Understand the roles of: President of the Senate  v. Majority Leader v. President Pro Tempore

  • The Vice President of the U.S serves as the President of the Senate. The Vice President votes only when there is a tie (Article I, Section 3, Clause 4).

  • The Majority Leader of the Senate leads the party with the most members in the U.S. Senate; the Majority Leader sets legislative agenda, ensures party discipline, and guides the passage of laws. They are a powerful figure in Congress. 

  • The President Pro Tempore is the temporary president of the Senate when the Vice President is absent. The Pro Tempore presides over the proceedings of the Senate debates, as the Vice President cannot do so.

• Senate Majority Leader (role and who currently holds this position?)

  • John Thune from South Dakota is the Senate Majority Leader. He sets legislative agenda, ensures party discipline, and guides the passage of laws.

• Role in impeachment

  • The Senate acts as the jury in impeachment trials (Article I, Section 3, Clause 6).

  • To convict someone, two-thirds of the Senate must vote guilty (Article I, Section 3, Clause 6).

  • If convicted, the punishment is removal from office (Article I, Section 3, Clause 6).

How does a bill become a law?

(Article I, section 7)

•    A bill (proposed law) is introduced in either the House of Representatives or Senate.

• The bill goes to a committee to be researched and studied. The committee can approve the bill (it moves forward) or kill the bill (it ends there).

• If approved, the bill is debated and voted on by the full House of Representatives or Senate.

• If it passes one house, it goes to the other house for approval.

• Both houses must agree on the final version of the bill.

• The bill goes to the President, who can sign it (it becomes law), veto (cancel it), or do nothing. If the president vetoes the bill, Congress can override the veto with a two-thirds vote in both houses. Congress can also do nothing, meaning the bill becomes law after 10 days if Congress is still in session.

Interstate vs intrastate

Interstate commerce - trade between the states

Intrastate commerce - trade within a state

4 Types of Congressional powers

1. Delegated powers – enumerated powers (ones counted/listed in the Constitution) Section 8

2. Denied – powers Congress does not have Section 9

3. Implied – powers not listed, but expected (delegated = declare war, implied = win a war)

4. Concurrent – powers where fed and state legislatures overlap

Enumerated powers of Congress section

Implied powers of Congress clause

Denied powers of Congress section

Article I, Section 8, Clause 1-17

Article I, Section 8, Clause 18

Article I, Section 9