Civics_Ch2_info

=**Chapter 2 Constitution Background Information**=

**The Constitution - The Document**
The Constitution begins with the Preamble, which tells the goals of the Constitution. YOU NEED TO KNOW THE PREAMBLE - LEARN THE SONG! It starts out with "We the people" meaning that the Constitution is for everyone. We the people acknowledges that our government is based on consent of the governed. The governed are the people meaning the people have the power. Government based on consent of the governed or self-government is also known as popular sovereignty. The goals of the Constitution as listed in the Preamble are to (1) form a more perfect union (create a strong central government yet maintain state and local power), (2) establish justice (everyone is to be treated fairly under the law), (3) insure domestic tranquility (keep the peace at home - inside the U.S.), (4) provide for the common defense (we are all protected by the armed forces), (5) promote the general welfare (we are all granted the same rights and privileges), and (6) secure the blessings of liberty (we are all granted civil liberties or personal freedoms).

The body of the Constitution consists of seven articles. These seven articles tell how the new government created by the Constitution works. These articles explain who has power, how power is divided, and what the government is able to do. Article 1 consists of the legislative body. The work legislate means to make laws. The legislative branch is the Congress, which consists of the House of Representatives and the Senate. Article 2 consists of the executive branch. The job of the executive branch is to enforce the laws made by the legislature. The executive branch consists of the President, Vice P resident, and the president's cabinet, which advises and runs key departments. Article 3 consists of the judicial branch. It's the job of the judicial branch to interpret the laws and actions of the executive and determine whether such laws or actions are constitutional or unconstitutional. The judicial branch consists of the Supreme Court. The Supreme Court has the power of Judicial Review, which means the court has the power to declare laws unconstitutional, which was first established in the court case //Marbury v. Madison// in 1803. Articles 1, 2, and 3 explain how the major parts of the new government works. The fact that the Constitution divides the power to make, enforce, and interpret the fairness of laws into three different branches or bodies shows the principle of separation of powers. Article 4 consists of the Full Faith and Credit Clause, which says that states must accept the records and judicial proceedings of the other states. There are several parts of this article. Article 5 explains how the Constitution can be amended or changed. Article 6 says that the Constitution is the supreme law of the land (called the Supremacy Clause). Article 7 stated that 9 of the original 13 states had to ratify, or approve of the Constitution.

The third part of the Constitution didn't exist under the original Constitution. Amendments are the final part of the Constitution. Amendments fix any problems or make changes to the Constitution. Having the ability to change the Constitution makes the Constitution an enduring document, or one that could last forever. The Founding Fathers realized that changes might have to happen and probably would, so they set up a mechanism in Article 5 to amend, or change the Constitution. An amendment is a written change made to the Constitution, which must be approved by 3/4 of the states, which has been done a total of 27 times. The first 10 amendments to the Constitution were passed together in 1791 (four years after the original Constitution) and are called the Bill of Rights. The Bill of Rights limit the power of the national government.

**Principles of the U.S. Constitution**
The U.S. Constitution set up a new style of government. There were several principles that guided the Founding Fathers as they set up the new Constitution. One of the guiding principles of the Founding Fathers of their faith. They like the Ten Commandments and the Bible and set up America's government with Judeo-Christian principles as the basis. The Founding Fathers' faith in God was a guiding principle that had led the original colonists in setting up most of the colonies, that led the colonists to stand up to the king understanding that all are created equal, and their steadfast faith led them through the Revolution.

Popular sovereignty is another principle that the founders ensured was part of the new Constitution. Popular sovereignty is consent of the government or that the people have absolute authority or self-government. The idea of popular sovereignty or self-government is a principle that had been influenced from the Pilgrims. The //Mayflower// was the ship that brought the Pilgrims to Plymouth Rock in 1620. William Bradford would be the government of the new colony and was able to get the Pilgrims to set up government with consent of the governed or people. On November 21, 1620 the Pilgrims signed the //Mayflower Compact//, which was the first example of government based on the consent of the people - first example of popular sovereignty.

The Founding Fathers set up a system of government in which the Constitution set up a strong central government that fixed the problems that existed under the Articles of Confederation, but also made sure that the state and local levels had power too. The three levels of government that we have today are national (also called federal), state, and local. The framers wanted to strengthen the central government since it was too weak under the Articles of Confederation, but at the same time, they wanted to keep state governments in order to preserve self-government. This idea of a federal system was able to accomplish both. The Founding Fathers looked into history for good styles of government. Federal powers are delegated powers from the Constitution and fix the problems under the Articles such as delegating the federal government the power to tax, regulate commerce, and coin money. Reserved powers are the powers that the states have. Democracy, or rule by the people existed in Athens, Greece. The specific type of democracy that was set up came from ancient Rome, which is a republic, or the type of democracy in which the people elect leaders to make decisions for them.

Limited government is a key principle to ensure popular sovereignty. To keep the government from getting too powerful, the Framers set up a limited government, which is one with specific restrictions on its power. With the true power of American government being in the hands of the voters, if political leaders seem to be gaining too much power, the people can elect new leaders.

The principle of majority rule is the principle that in a disagreement, everyone will accept the decision of the majority (most of the people) yet protect the rights of those who were in the minority (not most of the people).

Two of the most important principles developed by the Constitution are separation of powers and checks and balances. Separation of powers means that the power to make, enforce, and interpret laws is divided into separate branches. It was a shield against tyranny by creating separate branches of the federal government - one branch to write or make laws (legislative), one to enforce or carry out the laws (executive), and one to interpret or judge the fairness or constitutionality of laws (judicial). Checks and balances was something that was embedded in the British system since the Magna Carta in 1250. It was an idea also influenced by French philosopher and judge Baron de Montesquieu describing how liberty could be threatened if one branch became too hungry for power and so the Constitution put on limits and checks to make sure no branch abuses its power. Some examples of checks and balances include the president's power to veto, or reject a bill passed by Congress. Another example of checks and balances is impeachment, or the power of Congress to remove a president or Supreme Court judge for abuse of power. The Supreme Court also has the power of judicial review, which is a check and balance since the court can declare a law or act of the executive as unconstitutional.

**At the Constitutional Convention**
The convention was originally called the Philadelphia Conference and was meant to fix the Articles of Confederation. The Congress that existed under the Articles of Confederation approved of this conference. It was to start May 14, 1787 but all delegates weren't in Philadelphia ready to begin until May 25, 1787. The convention went from May through September 17. It was a hot summer and the delegates worked inside Independence Hall with the doors and windows closed in order to keep the meetings and discussions secret and private away from the public and the newspapers. The reason for keeping the meeting secret was that the delegates didn't want to be pressured by anyone in the public. Also, the delegates knew if they held a certain stance on a topic and it was made public then the delegate wouldn't be able to change his mind without ridicule in the newspapers. The delegates wanted to be free speak their minds and even change their minds.

The convention as started by George Washington who was also chosen to be the presiding officer or the one in charge of the convention. Washington's leadership was important to the success of the convention. Benjamin Franklin was the oldest delegate at the convention. His experience and wisdom was key to keeping disputes and disagreements from getting out of control. He was often the peacekeeper at the convention. James Madison is often called the "Father of the Constitution" since a lot of the ideas and principles were his ideas. Furthermore, Madison took notes on all of the debates and discussions, which is a big reason that we know what took place at the convention since it was secret and the public wasn't allowed inside. The biggest argument at the convention was over representation in the legislature (lawmaking body...Congress). The bigger states wanted it based on population while the smaller states wanted equal number per state. Roger Sherman developed the Great Compromise, which set up a two chamber legislature - Congress with a House of Representatives based on population and a Senate with equal number (2) from each state.

The Constitution was completed on September 17, 1787 which is why September 17 is celebrated as Constitution Day. The Constitution still had to be ratified by the states. It wouldn't go into effect until the following year.

Back to the Chapter 2 main page