D emocracy Lesson 12 Vocabulary Federalism Executive branch Legislative branch Judicial branch Separation of powers Relevant The need for a Constitution During the war for independence Americans set up new Governments ID: 437992
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Slide1
American Constitutional Democracy
Lesson 1.2Slide2
Vocabulary
Federalism
Executive branch
Legislative branch
Judicial branch
Separation of powers
RelevantSlide3
The need for a Constitution
During the war for independence Americans set up new Governments.
State constitutions replaced old colonial charters
Articles of Confederation – the plan that was set up for a central (or national) government
A confederation is a loose alliance of states. – only had a national congress no president and no national system of courtsSlide4
Americans feared a strong central Government that might abuse power
States retained many
imprortant
powers
They alone had the power to:
Enforce laws
Regulate trade
Impose taxes
Each state was a republic (Government that gets power from the people)
Most had a bill of rights that had natural rights: right to hold property, trail by jury freedom of the press, and freedom of speech and assemblySlide5
The confederation period after the war was difficult
During the war the Continental Congress borrowed $$ from foreign countries and banks – without the power to tax congress could not pay of the debt
Courts began seizing farms for nonpayment of debts and taxes.
In 1786 more than 100 farmers attacked county courts in western Massachusetts and tried to capture muskets from a state arsenal (this is known as Shay’s Rebellion) it touched off rebellions against courts and tax collectors in other sates.
Congress was powerless to stop the rebellions
George Washington “we are fast verging on anarchy and confusion
Congress agreed to revise h Articles of ConfederationSlide6
A Nation Built on Compromise
May 1787- Delegates – Constitutional Conventional convention to amend the Articles of Confederation
-- loose union of states didn’t work
--knew they needed a central government
Based new Government on six principles: popular sovereignty, federalism, separation of powers, check and balances, judicial review and limited government Slide7
Popular Sovereignty
The power of the US government
comes from the people of the nation.
Government is able to govern as long as it has the consent, or approval, from the governed. Slide8
Federalism
Describes the relationship between the state and the national government in which power is shared. In a federal system, power is divided between the states and the national government. Each has its own area of duties and responsibilities. Slide9
To keep the central government from becoming too powerful
Three Branches of government
Executive – headed by president and carries out laws
Legislative– makes the laws
Judicial—court system (enforces)
This division of central government is known as –
separation of powersSlide10
Checks and Balances
To keep any one branch from having too much power, they also built in a system of checks and balances
Each branch has its duties that check or restrain the power of the other two branches
Example– the president nominates federal judges. The senate then approves or rejects those nominations.Slide11
Fair Distribution of power between large and small states
To ensure small states had fair representation, they created two separate bodies of the legislative branch
Senate – each state had equal representatives (protecting the rights of small states)
House of Representatives– number of representatives was determined by population (protecting the rights of large states)Slide12
Constitution
Ratified (formally approved) by elven states by 1788
By 1790 all 13 state had ratified itSlide13
Amending
The US Constitution is one of the world’s oldest written constitutions.
Short
compaired
to others
Clear direct
langage
Enabled government to adapt to changing times that could not have been predicted (such as dealing with radio communications, nuclear power and space exploration) Slide14
Amendments
Framers knew it
neede
to be adaptable
Built in a way to change (Amend) the Constitution.
Today there are 27
AmdendmentsSlide15
The Bill of Rights
The first ten amendments – were promised in order to win ratification.
Despite the separation of power and the system of checks and balances people were afraid that Congress and the president would misuse the power and abuse the rights of the people. Slide16
The Bill of Rights
Addressed several of the most important concerns:
First four protected basic rights: speech, press, assembly, religion and for citizen militias to keep and bear arms (gun); not to have troops quartered in a person’s house and freedom from unreasonable searches and seizures of property.
Next four protected against unfair court procedures, trials and convictions
Ninth- other rights
Tenth- gives states powers not delegated to central governmentSlide17
Amendment Process
Two steps:
Proposing an Amendment
Ratifying the proposed amendmentSlide18
Amendment Process
Two ways it can happen
The
First:
An amendment may be introduced into the House of Rep and Senate.
Two-Thirds of both must approve the proposed
amendment
The Second:
Two-thirds of the 50 states can petition or request Congress to call a constitutional convention. The convention proposes, discusses and approves the amendment.
This Method has NEVER been used
. Slide19
Amendment Process
Once an amendment is approved, there a two ways I can be ratified
¾ of the state legislatures must ratify it
Or
Congress asks the states to call special constitutional conventions to ratify the proposed amendment. ¾ of all 50 states must ratify it.
Congress determines which method will be used. Slide20
How the Constitution is Amended Slide21
Constitution is NOT a long document
Even
with amendments it is shorter than rules and guidelines for many organizations
Short to keep it timeless
James Madison – “ in framing a system which we wish to last for all ages, we should not lose sight of the
chages
which ages will produce.”Slide22
Write
Write a paragraph explaining the factors that led to the Constitutional Convention.
Or
Write a paragraph describing how the Constitution can be amended. Slide23