Chapter 7 A More Perfect Union(1777-1790)

Lesson 3 A New Plan of Government

Roots of the Constitution

• After 4 months the Constitution was written
• Had roots in many other civilizations
• They looked at history so they could avoid mistakes made in the past
• The Framers of the Constitution were familiar with Parliamentary system of Britain
• Many Framers were in the colonial assemblies and state assemblies
• They valued individual rights

English Influences

• Magna Carta- Placed limits on the monarchs
• Parliament controlled the funds for wars and the government – assemblies
• The assemblies had some control over the colonial governors
• The English Bill of Rights- 1689
• During the Enlightenment philosophers John Locke and Baron de Montesquieu had ideas that the Framers used

John Locke

• Locke believed people should have natural rights
• Including life, liberty, and property
• Government is based on an agreement between the people and the ruler
• Americans interpreted natural rights as the rights of Englishmen defined in the Magna Carta and English Bill of Rights
• Protected the peoples rights by limiting the government’s power

Section 3

1. A
2. B
3. C
4. D

The idea of protecting people’s natural rights was reflected in the work of which of the following?

A. English philosopher � John Locke

B. French writer � Baron de Montesquieu

C. King George III

D. Italian philosopher � Niccolò Machiavelli

Baron De Montesquieu

• Said the powers of government should be separated and balanced against each other
• This would keep any one person or group from gaining too much power
• Powers of government should be clearly defined and limited to prevent abuse
• Following Montesquieu’s ideas the Framers specified and divided the powers of government

The Federal System

• The Constitution divided powers between national (federal) government and the states
• Federalism- sharing power between federal and state governments
• Under the Constitution, the federal government gained powers
• Taxing, regulating trade, controlling currency, raising an army, and declaring war
• Also can pass any law that is “necessary and proper”
• Important powers were also left to the states

The Supreme Law of the Land

• The Constitution and the laws that Congress passed were to be “the supreme law of the land”
• No state can make a law against the Constitution
• Disputes between the federal government and the states would be settled by federal courts
• On the basis of the Constitution

Branches of Government- Legislative Branch

• Article I established Congress as the legislative branch
• Law making branch
• House of Representatives and the Senate
• Powers of Congress include: collecting taxes, coining money, and regulating trade
• Can also declare war and “raise and support armies”

Branches of Government- Executive Branch

• Article II established the Executive Branch
• Headed by the president to carry out the nations laws and policies
• Commander in chief of the armed forces
• Conducts relations with other countries
• President and Vice President are chosen by the Electoral College
• Each state’s voters select electors to cast their votes for the president and vice president
• Each state gets the same number of electors as it has senators and representatives in Congress
• President and Vice President serve a four year term

Branches of Government- Judicial Branch

• Article III deals with the judicial branch (court system)
• The nations judicial power resides in “one Supreme Court”
• And any other lower courts the Congress might establish
• The Supreme Court and the federal courts hear cases involving the Constitution, laws passed by Congress, and disputes between states

Section 3

1. A
2. B
3. C

Under which branch of government are laws made?

A. The legislative branch

B. The executive branch

C. The judicial branch

System of Checks and Balances

• The Framers built in a system of checks and balances
• Each branch has ways to check (limit) the power of the others
• No branch can dominate the government
• This system has kept a balance of power among the branches and has limited abuses

National Citizens

• The Constitution created citizens who choose their officials
• Officials answer to the people
• The new government pledged to protect the personal freedoms of the citizens
• The world watched to see if this experiment in self-government would really work

Debate and Adoption

• 9 of the 13 states had to ratify the Constitution
• Supporters of the Constitution were called Federalists- Included George Washington and Benjamin Franklin
• Madison, Hamilton, and Jay wrote essays called the Federalist Papers
• People opposes were called Antifederalists- Also wrote essays called the Antifederalist Papers
• Antifederalists argued that the strong national government created by the Constitution would take away American liberties
• Antifederaists favored local government

Protecting Rights

• The biggest criticism about the Constitution was that it lacked a Bill of Rights
• Many states refused to ratify with out a Bill of Rights
• Federalists feared disorder without a strong central government
• Antifederalists worried about oppression that might result from a strong central government

Adopting the Constitution

• New Hampshire became the 9^th state to approve on June 21, 1788
• The new government could go into effect, but New York and Virginia had not ratified
• Virginia ratified after being assured a Bill of Rights would be added
• The Bill of Rights was added in 1791
• The final three states (NY, NC, and RI) approved the Constitution by May 1790