New Republic Era Part I

 Under the Articles of Confederation, Congress was designed to be weak and had few powers.

Other Problems

•        British troops still occupied territory in the Great Lakes region

•         The Spanish still occupied Florida and later closed the lower Mississippi River to American shipping

•        The Articles of Confederation also had no provision for adding new states.

Other reasons the Articles of Confederation needed to be change

       1.  Economy – The nation was in debt and in a depression similar to one we’re in today

• The British closed off the West Indies to trade and this hurt the country’s ability to sell their goods
• The war damaged Southern plantations
• Shay’s Rebellion – Led by Revolutionary War veteran Daniel Shays in 1786

 They forced courts in western Massachusetts to close so judges could not take their farms.  Shays and 1,000 others tried to take over a federal building before they were chased away by Army troops

2.  Slavery – Some northern states began to abolish slavery, but most southern states would not.

•        Pennsylvania was the first to form an anti-slavery society (1775). Other Northern states began to outlaw it as well

•        The economy of the south was built on slavery, so they would not agree to end it

•        This issue began to divide the country

•        A temporary compromise to the issue of slavery in 1787 was that the practice would continue until 1808 when Congress could limit the slave trade if it chose to.

Roots of the U.S. Constitution

•        Magna Carta (1215) – Limited the powers of the king

•         English Bill of Rights (1689) – Provided a model for our own Bill of Rights

•         John Locke – Believed that all people had “natural rights,” (the ones in the Magna Carta and English Bill of Rights)

In his book “Two Treatises on Government,” (1690) he wrote that government is based on an agreement, or contract, between the people and their ruler.

•          Baron de Montesquieu – declared that the powers of government should be separate and balanced against each other

Three branches of government created by the U.S. Constitution (the first three articles):

Article I – Legislative Branch

•          Establishes the Legislative, or lawmaking branch of government. Congress is composed of the House of Representatives and the Senate

•          Our government is composed this way thanks to the Great Compromise.

•         Powers include collecting taxes, coining money and regulating trade. Congress can also declare war and raise and support armies.

Article II – Executive Branch

•          Establishes the Executive Branch, which is headed by the President.  It carries out the nation’s laws and policies.

•          The President serves as commander-in-chief of the Armed Forces (military) and conducts relations with other countries.

•         The President and Vice-President are elected by the Electoral College (each state has as many electors as they have senators and representatives).

Article III – Judicial Branch

•          Judicial power resides in “one supreme court” and any lower federal court Congress might establish

•          The Supreme Court and federal courts hear cases involving the Constitution, laws passed by Congress and disputes between the states.

System of Checks and Balances

•          Ensures that no one branch (Executive, Judicial or Legislative) gains too much power.

•          The three branches have roles that check, or limit, the others so that no one single branch can dominate the government.

•          Example: Both the House and Senate must pass a bill before it becomes law; but the President can check the Congress by vetoing (rejecting) the bill.

Bill of Rights – 1791

•        The first 10 amendments of the U.S. Constitution. They protect the basic rights and liberties most of us take for granted. Written by James Madison, the idea for them comes from the English Bill of Rights (1689).

First Amendment

“The Five Freedoms”

•        Freedom of Speech – People have the right to speak freely without government interference.

•        Freedom of Press – The press (media) has the right to publish news, information and opinions without government interference.

•        Freedom of Religion – The government cannot establish a religion and each person has the right to practice (or not practice) any faith without government interference.

•        Freedom to Petition – People have the right to appeal to the government in favor of or against policies that affect them or that they feel strongly about. 

•        Freedom of Assembly – People have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. 

Bill of Rights

1st Amendment – Guarantees freedom of speech, press, religion, petition and assembly

2nd Amendment – The right to bear arms; states can also maintain militias

3rd Amendment – No quartering of troops in private homes

4th Amendment – No unreasonable search and seizure

5th Amendment – Assures rights of “life, liberty and property” without due process of law

6th Amendment – Assures speedy and public trials by an impartial jury

7th Amendment – Assures the right to jury trial

8th Amendment – Protects against excessive bail or cruel and unusual punishment

9th Amendment – People’s right are not restricted to the first eight amendments

10th Amendment – Powers not granted to the federal government, nor prohibited to the states, are reserved to the states or the people.

The Seven Major Principles of the Constitution (FLIP RoCkS)

•        Federalism

•        Limited Government

•        Individual Rights

•        Popular Sovereignty

•        Republicanism

•        Checks and Balances

•        Separation of Powers

Federalism

•         The power to govern is shared between the national government and the states.

•         In this system, the government has three types of powers:

1. Enumerated Powers – powers that belong only to the federal government
2. Reserved Powers – powers retained by the states
3. Concurrent Powers – powers shared by the state ad federal government

      Limited Government

•        The “rule of law.” No people or groups are above the law. Government officials who help make the laws must still obey them

Individual Rights

•        The Bill of Rights was added to the Constitution in 1791. It consists of the first 10 amendments and protects liberties most of us take for granted.

Popular Sovereignty

•        The authority of the people. The Declaration of Independence states that governments derive their power from the “consent of the governed.”

Republicanism

•        Voters elect representatives and give them the responsibility to make laws and conduct government. The people are the source of the government’s power.

Checks and Balances

•        Each branch of government has the ability to check or limit the power of other branches; no one branch is more dominant than another.

Separation of Powers

•        The government is divided into three branches; Legislative, Judicial and Executive.