The Judicial Branch

 

The Electoral College

 

The Constitutional Convention

   The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The United States Constitution that emerged from the convention established a federal government with more specific powers, including those related to conducting relations with foreign governments. Under the reformed federal system, many of the responsibilities for foreign affairs fell under the authority of an executive branch, although important powers, such as treaty ratification, remained the responsibility of the legislative branch. After the necessary number of state ratifications, the Constitution came into effect in 1789 and has served as the basis of the United States Government ever since.

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     The Great Compromise was forged in a heated dispute during the 1787 Constitutional Convention: States with larger populations wanted congressional representation based on population, while smaller states demanded equal representation. To keep the convention from dissolving into chaos, the founding fathers came up with the Great Compromise. The agreement, which created today’s system of congressional representation, now influences everything from “pork barrel” legislation to the way votes are counted in the electoral college during presidential elections.

     At the Constitutional Convention of 1787, delegates from larger states believed each state’s representation in the proposed legislature should be proportionate to population.

     Smaller states with lower populations argued that such an arrangement would lead to an unfair dominance of larger states in the new nation’s government, and each state should have equal representation, regardless of population.

     The disagreement over representation threatened to derail the ratification of the U.S. Constitution since delegates from both sides of the dispute vowed to reject the document if they didn’t get their way. The solution came in the form of a compromise proposed by statesmen Roger Sherman and Oliver Ellsworth of Connecticut.

     Also known as the Sherman Compromise or the Connecticut Compromise, the deal combined proposals from the Virginia (large state) plan and the New Jersey (small state) plan.

     According to the Great Compromise, there would be two national legislatures in a bicameral Congress. Members of the House of Representatives would be allocated according to each state’s population and elected by the people.

     In the second body—the Senate—each state would have two representatives regardless of the state’s size, and state legislatures would choose Senators. (In 1913, the 17th Amendment was passed, tweaking the Senate system so that Senators would be elected directly by the people.)  The Connecticut Plan (sometimes called the Sherman Plan) was at first rejected, but then approved by a slim margin on July 23, 1787.

Federalists and the Antifederalists

 

     Those in favor of the Constitution as written were called Federalists.  They believed that a strong central government was needed.  Under such a government, they thought, the new nation would grow wealthier, more stable, and more respected.

      Many of the Federalists were well-to-do business leaders, landowners, and professionals.  Three of their leaders – Alexander Hamilton, James Madison, and John Jay – wrote a number of newspaper articles.  In these articles, later published together as The Federalist, the authors urged that the Constitution be ratified.

    Opponents of the Constitution were called Anti-Federalists.  They feared a strong central government.  Instead, they preferred to leave most powers in the hands of the states.  If there were going to be a new constitution, they said, then it should state clearly that personal freedoms were to be protected.

      Anti-Federalists won the support of many poorer Americans, including farmers, laborers, and debtors.  Some people of wealth and high social position also were Anti-Federalists.  Among the Anti-Federalist leaders, Patrick Henry, John Hancock, and Samuel Adams stood out.  These men were articulate and forceful in criticizing the Constitution.

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     One of the great debates in American history was over the ratification of the Constitution in 1787-1788. Those who supported the Constitution and a stronger national republic were known as Federalists. Those who opposed the ratification of the Constitution in favor of small localized government were known as Anti-Federalists. Both the Federalists and the Anti-Federalists were concerned with the preservation of liberty, however, they disagreed over whether or not a strong national government would preserve or eventually destroy the liberty of the American people.

      The Anti-Federalists argued against the expansion of national power. They favored small localized governments with limited national authority as was exercised under the Articles of Confederation. They generally believed a republican government was only possible on the state level and would not work on the national level. Therefore, only a confederacy of the individual states could protect the nation’s liberty and freedom. Another, and perhaps their most well-known concern, was over the lack of a bill of rights. Most Anti-Federalists feared that without a bill of rights, the Constitution would not be able to sufficiently protect the rights of individuals and the states. Perhaps the strongest voice for this concern was that of George Mason. He believed that state bills of right would be overridden by the new constitution, and not stand as adequate protections for citizens’ rights. It was this concern that ultimately led to the passing of the bill of rights as a condition for ratification in New York, Virginia, Rhode Island, Massachusetts, and North Carolina.

      The Federalists, primarily led by Alexander Hamilton, James Madison, and John Jay, believed that establishing a large national government was not only possible, but necessary to “create a more perfect union” by improving the relationship among the states. Until this point, the common belief was that a republic could only function efficiently it was small and localized. The Federalists challenged this belief and claimed that a strong national republic would better preserve the individual liberties of the people. By extending the sphere of the republic, individual and minority rights would be better protected from infringement by a majority. The federalists also wanted to preserve the sovereignty and structure of the states. To do so, they advocated for a federal government with specific, delegated powers. Any power not given to the federal government would be a power held by the people and the states. Ultimately, their goal was to preserve the principle of government by consent. By building a government upon a foundation of popular sovereignty, without sacrificing the sovereignty of the states, legitimacy of the new government could be secured.

 

1) If you could say the Federalists represented the voice of a social/ economic class (upper class, middle class, the working class), which would they represent?

 2) If you could say the Anti- Federalists represented the voice of a social/ economic class (upper class, middle class, the working class), which would they represent?

 3) Where did the Anti-Federalists want most of governing power to remain or remain?

 4) What did the Federalists and Anti-Federalists agree on?

 5) What did the Federalists and Anti-Federalists disagree on?

 6) What type of change to the Constitution did the Anti-Federalists force?

Article I, Sections 1, 2, 3 Worksheet

 

apportion - divide and allocate.

 Read the follow from Article I, Section 2:

 

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

 1) What does this clause do? Explains how representatives in the House of Representatives are distributed based on the population of a state.

 2) What is meant by “…all other persons.”?  "...all other persons." refers to slaves.

3) What is the least amount of representatives a state can have?  The least amount of representatives a state can have is one.

4) Who is the “executive authority” of a state?  The executive authority of a state is a state's governor.

5) Find the clause discussing how vacancies in the House of Representatives are filled. How are they filled?  The governor, which is a state's executive authority, calls for an election to fill vacancies.

 An impeachment inquiry is an investigation of possible wrongdoing by a federal official, such as the president of the United States, Cabinet officials or judges.  For any article of impeachment to advance from the committee to a full vote of the House, a simple majority vote of the committee is typically needed so that the committee can forward the article. The committee may forward multiple articles, with each one usually requiring a separate vote of the committee.  If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate holds an impeachment trial.

 5) According to Section 3 of Article I, how are vacancies in the Senate filled when a state legislature is not in recess?  When a state legislature is not in recess, it appoints someone to fill vacancies.

6) How are vacancies in the Senate filled when the legislature is in recess?  If the state legislature is in recess then the governor (a state's executive authority) appoints someone to fill that vacancy until the legislature comes together at which point they appoint someone.

7) What roles do a Vice President play in the Senate? The Vice President serves as president of the Senate and casts a vote if there is a tie in voting.

8) What role does the Senate play in the impeachment process?  The Senate holds a trial for impeachments.

 9) Who presides over a presidential impeachment trial? The Chief Justice of the Supreme Court presides over presidential impeachment trials.

The Chief Justice, as presiding officer of the Supreme Court, is responsible for running the judicial branch, in addition to hearing cases and writing opinions. The duties of the Chief Justice relating to the judicial branch are spelled out in federal law, his duties include assigning other judges (and himself) to other federal courts, and approving rules for maintaining the courts in the judicial branch and the properties they are located on.

 10) What is needed for a conviction (guilty verdict) in an impeachment trial?  A two-thirds vote of guilty is required for a conviction in an impeachment trial.

11) What can happen to a person who is found guilty in an impeachment trial?  A person found guilty in an impeachment trial can be removed from office.

American History Portion of Civics/ American Government: Links

 1) John Locke

2) John Locke's Ideas in the Declaration of Independence

3) Self Government in the Thirteen Colonies (A Reading)

4) Self Government in the Thirteen Colonies (PPT)

5) American Revolution Outline

6) The Federalists and the Anti-Federalists

7) The Constitutional Convention

Colonial Governments: PPT

 

Self Government in the Thirteen Colonies

 

dissent (n.) - the expression or holding of opinions at variance with those previously, commonly, or officially held.dissent (v.) - hold or express opinions that are at variance with those previously, commonly, or officially expressed.representative government – a government where citizens vote to elect people to represent their interests and concerns in making their laws.colonial charter - a document that gives colonies the legal rights to exist. Charters can bestow certain rights on a town, city, university, or other institution. Colonial charters were approved when the king gave a grant of exclusive powers for the governance of land to proprietors or a settlement company.constitution - the basic principles and laws of a nation or state that determine the powers and duties of the government.social contract - an agreement among the members of a society to cooperate for social benefits.

 Today our nation follows many democratic traditions.  Some of them took root during the colonial era.  This period of time began in 1607, with the founding of Jamestown, and lasted almost 170 years.

 Beginnings of Representative Government

In 1619, colonists in Jamestown, Virginia, created a legislature, or lawmaking body - the House of Burgesses.  The burgesses, or delegates, were chosen by Virginia's landowners.  Thus, the House of Burgesses represented the colony's people of property.  The legislature became the first example of representative government in the colonies.

 In time, most American colonies created such legislatures made up of elected representatives.  The right to vote and hold office, however, was limited to free males with a certain amount of property.

 The colonial legislature usually made a colony's laws.  In most colonies, though, the governor could veto (refuse to approve) a law.  Unlike legislators, governors were not elected.  Instead, they were chosen by the English king.

 Colonial legislatures usually paid the governors' salaries.  So to help "persuade" a governor not to veto a law, a legislature sometimes held back on paying the salary.  Payments would resume when the governor accepted the wishes of the lawmaking body.

 

Self-Government in Massachusetts

 Colonial self-government was strongly favored by the Pilgrims in Massachusetts.  The first group of these English dissenters sailed for America on the ship Mayflower.  In 1620, they entered the harbor of what is now Provincetown, Massachusetts.  Even before landing, the new settlers signed an agreement, the Mayflower Compact.  They agreed to form a government and obey its laws.  Soon afterward, they came ashore, settling in Plymouth, Massachusetts.

 Ten years later, neighboring Massachusetts Bay Colony developed a representative government.  Its lawmaking body was the General Court.  At first, membership in this body was limited to the few men who held part ownership in Massachusetts Bay Company.  Then, in 1634, a decision was reached to allow each town in the colony to elect representatives to the General Court.  Even so, only males who were followed Puritan Christianity could vote.

 On the local level, residents of Massachusetts created their own form of self-government.  They held town meetings, made up of all free men who belonged to the established church.  Those present at the meetings discussed and voted on important matters and elected local officials.  Today, people in different parts of New England still come together regularly in town meetings.

 

Early Personal Freedoms

 To protect their rights, people in several colonies drew up written constitutions (sets of basic principles and laws of a group).  The first constitution was the Fundamental Orders of Connecticut in 1639.  This document in Connecticut explained how the colonial government in Connecticut was to work.  It also listed the rights or personal freedoms of the colonists.

 Two personal freedoms were especially important to the colonists.  These were freedom of religion and freedom of the press.

 Many early settlers came to America to seek freedom of religion (the right to practice the religion of one's own choice).  Not all of the settlers, however, found the liberty that they sought.  Some immigrants settled in colonies where the right to practice a religion was limited to people of only one faith.

 Three colonies, though, protected religious freedom to some extent.  Rhode Island, founded by Roger Williams, welcomed people from all faiths.  Williams, a minister, believed that a government should not interfere with an individual’s religion.  He also believed that churches should stay out of the affairs of government.

 Maryland was founded by Roman Catholics who had been persecuted in England.  They established their colony as a place where they could worship in their own way, without being bothered.  In 1649, Maryland’s colonial legislature passed the Toleration Act which extended religious freedoms to all Christians in Maryland.

 In the late 1600s, William Penn, the proprietor of Pennsylvania, set up his colony for Quakers.  They, too, had faced religious persecution in England.  Penn welcomed to his colony all people who believed in God.

 The principle of freedom of the press (the right of newspapers to publish what they want) was strengthened in 1735.  In that year, John Peter Zenger, a newspaper publisher in New York City, went on trial.  Zenger had criticized the royal governor of New York.  Zenger's enemies accused him of misusing the power of the press to damage the governor's reputation.  Zenger's lawyer argued that open discussion of public questions was necessary among free people.

 A jury composed of men of the community heard Zenger's case.  Women did not serve on juries at this time.  The jury decided that Zenger had not misused his newspaper because he had printed the truth.

 

Other Rights and Freedoms

 English colonists brought to America certain rights they had enjoyed in England:

 - Trial by jury (a court trial with a group of citizens deciding guilt or innocence of the accused).

- Protection of life, freedom, and property.

- Habeas corpus.  This term refers to people's right to know about any criminal charges made against them.  By knowing these charges, people can defend themselves.  The term also refers to people's right not to be held in jail except as the law provides.

- Protection from having one's house searched without legal permission in the form of a written search warrant.

- Freedom of speech and freedom of assembly (the right to speak and meet in public without being bothered)

 

1) List the name of Jamestown’s colonial legislature?

2) Who was Jamestown named after?

3) How were colonial governors involved in making laws for the colonies?

4) How did a person become a colonial governor?

5) What power did the colonial legislatures have over the colonial governors?

6) List the name of the legislature for Massachusetts Bay Colony.

7) How did the towns within Massachusetts Bay Colony govern their local affairs?

8) What is a constitution?

9) List all the rights and freedoms present in the colonies as listed and mentioned in this reading.

Link to the U.S. Constitution

 You will need to read sections 1, 2, and 3 of Article I of the U.S. Constitution to complete today's worksheet. The link to the US Constitution is below:

U.S. Constitution

The Legislative Branch: Part I

 Answer the following questions. For questions 3 - 5, you will need to read sections 2 and 3 of Article I of the Constitution.

1) What branch of government does the Great Compromise apply to?  
2) To which house of Congress does the “Three-Fifths Compromise” apply? 
3) List the requirements to become a member of the House of Representatives and the length of their term.
4) List the requirements to become a member of the Senate and the length of their term:
5) According to Article I, Section 3 of the Constitution, how are persons selected to be U.S. Senators? 
6) According to this excerpt from the 17^th Amendment, how are persons selected to be U.S. Senators? 

“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.”

Article I
Section 1: Congress
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.

Section 2: The House of Representatives
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

Section 3: The Senate
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Preamble to the U.S. Constitution

preamble (n.) -  an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Copy twice on a sheet of paper and submit for a grade. In your notebooks, answer the following in a complete sentence:

What are the six goals of the U.S. government as stated by the preamble to the Constitution?