Articles of Confederation Philadelphia Because the Articles of Confederation were weak, delegates...

Post on 12-Jan-2016

229 views 0 download

Tags:

transcript

Because the Articles of Articles of

Confederation Confederation were weak,

delegates from 12/13 states met

in PhiladelphiaPhiladelphia in 1787 to revise

them.

The result of this convention was the creation of a new

form of government

The new national government was

strong; but so were the

states!

The PreamblePreamble is the introduction and also sets out the goalsgoals of the

new national government

Article ISection 1-

Section 2-

Section 3-

grants all legislative powers legislative powers to the bicameralbicameral Congress of the United States

Sets up the House of RepresentativesHouse of Representatives

Sets up the SenateSenate

Article I cont’dSection 4- Congressional elections will be

Section 5- each house can determine its own

Section 6-

controlled by the states

rules and proceedings

Congressional pay

Article I cont’dSection 7- all bills dealing with revenue shall originate in the

Section 8- gives Congress its’

Section 9- denies certain powers from Congress

expressed powers

House of Representatives

Article IISection 1-

Section 2-

Section 3-

Section 4-

grants all executive powers to the President of the United States

expressed powers of the US President

state of the union

Impeachment

Article IIISection 1-

Section 2-

Section 3-

grants all judicial powers to a Supreme Court

this power extends to everything under the US Constitution

Treason

Article IvSection 1-

Section 2-

Section 3-

Section 4-

Full Faith and Credit;

Privileges and Immunities;

admission of new states;

a republican form of government

all states will respect documents from other states

citizens rights cross state lines

every state is guaranteed

process created under the Articles of Confederation

Article VFormal Amendment process

2/3 of both houses of Congress approve the amendment.

3/4 of the states approve itamendment is added

Article VI Section 1-

Section 2-

Section 3-

the new government promises to pay all debts owed to Britain

once ratified, the US Constitution will be the supreme law of the landall members of the national government are required to take an oath of office

Article VIIRATIFICATION

“The ratification of the Conventions of nine states,

shall be sufficient for the establishment of this Constitution

between the States so ratifying the same”

Slave Trade/Commerce Compromise-

3/5 Compromise-

Connecticut Compromise-

Importation of slaves will cease 20 years from ratification

Slave states can count 3/5 of the slave population. Effects both representation and taxation

Saved the convention by taking the main points over the arguments on representation and combining them

Popular Sovereignty

The people retain the power

Exemplified by “we the people” and suffrage

Limited Government

Government is not all powerful

Constitutionalism- government must obey the law

Separation of Powers

3 basic powers of government are separated into three distinct branches

Articles I, II, III

Checks and Balances

All three branches are “restrained” by the other two

This principle can lead to some “clashes” between the three

branches

Judicial Review

Power of the courts to declare law unconstitutional

Marbury v. Madison 1803

[national, state and local]

Federalism

The idea of sharing power between a central government and the various

state/local governments

Great CompromiseGreat CompromiseAmendment XAmendment X

Delegated Powers:

The new government can only utilize powers granted to it by the US Constitution.

Expressed Powers:

Found in Article I; Section 8; Clause 1-17

They are specifically written in the US ConstitutionThey are specifically written in the US Constitution

Implied Powers:

These powers are not specifically stated in the US Constitution

They are found in Article I; Section 8; Clause 18

known as the Necessary and Proper Clauseknown as the Necessary and Proper Clause

Inherent Powers:These are given to the government because

they are the government; These include:

Regulate immigrationRegulate immigration

Acquire territoryAcquire territory

The power of recognitionThe power of recognition

Reserved Powers:

Powers left to the statesPowers left to the states“The powers not The powers not delegated to the delegated to the

United States by the United States by the Constitution, Constitution,

nor prohibited by it to nor prohibited by it to the States, are reserved the States, are reserved

to the States to the States respectively,respectively,

or to the peopleor to the people”

Exclusive powers:

These are powers that can only be exercisedThese are powers that can only be exercised by the National government by the National government

Examples are:

Coining moneyCoining moneyMaking war and peace Making war and peace with foreign nationswith foreign nationsTariffsTariffs

Concurrent Powers:

These are held by bothThese are held by boththe National governmentthe National government

and the state governmentsand the state governments

taxesborrow moneyestablish courts

The US President has power given to him as a result of the US Constitution.

Can the US President make a pact with the head of a foreign state without Senate approval?

The answer is:

This is known as an

YES!YES!

Executive AgreementExecutive Agreement

A treaty requires Senate approval!

This is part of Checks and Balances

This is also known as the

All government officials are subject to the law of the land; never above it!!!!

This includes the executive cabinet

Rule of Law

Federal Grants:Federal Grants:

** Congress can appropriate money Congress can appropriate money to give to the States. to give to the States.

** This money can fall into one of This money can fall into one of three types of grants-in-aid.three types of grants-in-aid.

Categorical Grants: ** These grants are made for specific,

well defined purposes:

** There are strings attached however:

School lunches and urban infrastructure

Money can only be used for specified purposeState has to try to match

amount of grant

A state agency has to be created to administer the money

Obey the guidelines set forth by the national government

Block Grants: ** These grants are made for broadly

defined purposes:

** They have fewer strings attached

** States have more control on how to spend the money

Health care, social services or welfareHealth care, social services or welfare

Project Grants: ** They are made to States, counties, They are made to States, counties,

cities and sometimes private agencies.cities and sometimes private agencies.

** Cancer Research is a great exampleCancer Research is a great example

** States can also apply for these to States can also apply for these to fund job training programs, fund job training programs, employment, etc.employment, etc.