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Chapter 3 Section 3 Outline Notes

A New Plan of Government 1) Roots of the Constitution: Main Idea-Ideas and thinkers of the past influenced the creation of the United States Constitution An American Story-Benjamin Franklins response to the question What kind of government have you given us, Dr. Franklin? A republic or a Monarchy? Franklins response A republic, Madam, if you can keep it This response indicated that a republica system of government in which the people elect representatives to exercise power for themrequires citizens to take an active role. a) What Ideas Influenced the Framers? -Took four months to produce a new constitution. -Document provided framework for strong central government for U.S. -The Constitution is uniquely American but has roots in many other civilizations -Delegates studied the history of political development starting with ancient Greece -Did so to avoid mistakes of past -Both Magna Carta and English Bill of Rights were important models for Americans b) Enlightenment Thinkers -Framers of Constitution got ideas on nature of people and government from European Enlightenment writers -Enlightenment was a movement of the 1700s that promoted knowledge, reason, and science as the mean to improve society -James Madison and other architects of Constitution were familiar with work of John Locke and Baron de Montesquieu two important philosophers -Locke, English philosopher, believed all people have natural rights -These rights include the rights to life, liberty, and property -Americans interpreted natural rights to mean rights of Englishmen defined in Magna Carta and English Bill of Rights -Montesquieu, French writer, wrote The Spirit of Laws which declared the powers of government should be separated and balanced against each other. -This separation would keep any one person or group from gaining too much power -Framers of Constitution followed ideas of Montesquieu and made sure to specify and divide the powers of government Reading Check: What is a republic? 2) The Federal System: Main Idea-The Constitution outlines the responsibilities and limits of the three branches of government -Constitution created a federal system of government -Divided powers between national or federal government and states -Under Articles of Confederation, states retained sovereignty -Under Constitution states gave up some powers to federal government while keeping others a) Shared Powers -Federalism = sharing power between federal and state governments -This is one distinctive feature of the United States government -Under Constitution, federal government gained broad powers to tax, regulate trade, control currency, raise an army and declare war -Could also pass laws that were necessary and proper for carrying out its responsibilities -Constitution left important powers in hands of states -states have power to pass and enforce laws and regulate trade within their borders -could establish local governments, schools, and other institutions affecting their citizens b) Supreme Law of the Land

-Constitution and laws passed by Congress were to be the supreme law of the land -No state could make laws or take actions that went against Constitution -Any dispute between federal government and states was to be settled by federal courts on basis of Constitution -Under new federal system, Constitution became final and supreme authority c) The Organization of Government -Framers of Constitution divided federal government into three branches -Brancheslegislative, executive, and judicial -first three articles of Constitution describe powers and responsibilities of each branch -articles = parts -Article I of Constitution establishes Congress -Legislative branch = lawmaking branch of government -Congress of U.S. is comprised of House of Representatives and Senate -Powers of Congress include collecting taxes, coining money, and regulating trade -Congress can declare war and raise and support armies -It makes all laws needed to fulfill functions given to it as stated in Constitution d) The Executive Branch -Article II of Constitution established the executive branch -Headed by president to carry out nations laws -President serves as commander in chief of armed forces and conducts relations with other countries e) The Judicial Branch -Article III of Constitution deals with judicial branch -Judicial branch = court system of the United States -Nations judicial power resides in one supreme Court -As well as any other lower federal courts that Congress might establish -Supreme Court and federal courts hear cases involving the Constitution, laws passed by Congress and disputes between states f) System of Checks and Balances -The Constitution divides government power among legislative, executive, and judicial branches -To keep any one branch from gaining too much power, Framers built in a system of checks and balances -Checks and balances = three branches of government have roles that check, or limit the others so that no single branch can dominate the government Reading Check: Why does the Constitution divide government power among the legislative, executive, and judicial branches? 3) The Debate Over Ratification: Main Idea-Americans reacted to the proposed Constitution in different ways a) Federalists -Federalists = supporters of the new Constitution -Federalist Papers = essays that appeared in newspapers around country written by Madison, Hamilton, and Jay that explained and defended the Constitution b) Antifederalists -Federalists called those who opposed ratification = Antifederalists -Antifederalists criticized Constitution because it lacked bill of rights to protect individual freedoms -Mercy Otis Warren = Massachusetts opponent of Constitution Reading Check: According to the Antifederalists, why was a bill of rights important?

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