Foundations of American Government

1. Foundations of American Government

2. Constitution of 1777 Georgia’s first permanent constitution was adopted in 1777. Among its features were: 1. Separate legislative, executive, and judicial branches 2. Most power was given to a unicameral (one house) legislature called the General Assembly 3. The General Assembly elected the Governor (the head of the executive branch) and the Governor’s Executive Council 4. The Governor served a one-year term 5. A superior court (judicial) was created for each county 6. Basic rights (religion, press, trial by jury) were recognized

3. Constitution of 1777 STRENGTHS 1. The Constitution of 1777 was written down. 2. The Constitution of 1777 separated the three basic functions. 3. The Constitution of 1777 protected basic rights.

4. Constitution of 1777 WEAKNESSES 1. The three functions were not equally powerful. Instead, the legislative branch was most powerful. 2. The governor was dependent entirely upon the legislature (who elected him and chose his council) and was in office for too short a period to be effective. 3. Since most Georgians had been Tories, the Constitution of 1777, written by Whigs, was never sent to the people for ratification (approval).

5. After the Revolutionary War Ended... • Adopted a 1st Constitution called ARTICLES OF CONFEDERATION • Laid the foundation for a workable government

6. A loose union of sovereign states in which the central government is given limited powers Articles of Confederation

7. Founding Fathers/Framers • Wanted to make sure that their new government would be very different from the government of Great Britain

8. Articles of Confederation • Represent the first constitutional agreement made between the 13 American states • Determined the relative powers of the individual states • Submitted to the Second Continental Congress on July 12, 1776, 8 days after the signing of the Declaration of Independence • Ratified in 1781 • Intentionally Established a Weak National Government

9. Pros Cons • Nation’s 1st Constitution • Gave the 13 States a Basis for Uniting During the War for Independence • Most Power Was Held by the States • No Executive Branch • No Judicial Branch • No System of Checks & Balances • No Power to Tax • No Power to Regulate Interstate Trade

10. Problems

11. Reaction George Washington and others were alarmed at what was happening... Openly Called for Change Called for a Return to a Monarchy

12. Constitutional Convention • A movement began to examine and revise the Articles of Confederation.

13. Constitutional Convention February 1787 Independence Hall Philadelphia, Pennsylvania George Washington was elected to preside.

14. Georgia’s Delegates William Few Abraham Baldwin William Pierce & William Houston also attended but did not sign the Constitution

15. Two Major Plans...

16. The Great Compromise

17. Georgia’s Role in the Constitutional Convention • When a vote was called on July 2, the small states threatened to walk out if they lost. • Vote was very close. • Georgia’s interests were with the large states, but no one wanted the small states to leave. • The large states led the vote by one. • Abraham Baldwin was the last to vote...

18. Baldwin’s Important Role • Baldwin broke ranks to vote with the small states. • The result was tie! • In so doing, he was instrumental in bringing about the compromise.

19. 3/5 Compromise • Slaves were a large percentage of the population in the south. • Debate over Slaves Votes • Northern States = Did not want to count slaves because that would give the southern states more control. 3/5 Compromise = total number of free persons would be counted, but only 3/5 of all other persons (slaves) would be counted.

20. Georgia Slaves in 1790

21. Who Should Elect the President? The Citizens or Congress??? -- Created an Electoral College  Each state was allowed to select as many “electors” as it had members in Congress (House and Senate)  Electors would be allowed to vote for two people.  Person who received highest number of votes would be named president.  Person who received the second highest number of votes would be named vice president.  People would be indirectly selecting the president and vice president because their state representatives would choose people to vote on their behalf.

22. Today, there are a total of 538 electoral votes in the Electoral College. • Every 10 years, the 435 U.S. Representatives are reapportioned among the states in accordance with the latest federal census, thereby automatically reapportioning the membership of the Electoral College.

23. Ratification (Approval) Federalists = Supported a Strong National Government Anti-federalists = Opposed a Strong National Government

24. Bill of Rights First 10 Amendments were added so that citizens’ individual rights be specifically protected in the new Constitution. 9 States had to ratify the Constitution before it could become the official Constitution.  Delaware was the first.  Georgia was the fourth.

25. Why Did Georgia Ratify So Quickly? • The Articles of Confederation had failed to create an effective national government for the new nation. • Georgia needed the protection that a strong national government could provide against the Indian population. • With promises of a Bill of Rights and the compromises in the constitution, individual liberties would be protected, and the national government would not be too strong. • There was also a potential threat from Spain.

26. First Amendment Freedom of religion, of speech, of the press, and the right to assemble and petition government.

27. Second Amendment Right to keep and bear arms.

28. Third Amendment Prohibits stationing of troops in homes without consent.

29. Fourth Amendment Protects against unreasonable searches and seizures and requires probable cause for search warrants.

30. Fifth Amendment Establishes grand jury; protects against double jeopardy and self-incrimination; guarantees due process and eminent domain.

31. Sixth Amendment Ensures right to speedy trial, to be informed of charges against defendant, to counsel.

32. Seventh Amendment Provides for trial by jury.

33. Eighth Amendment Prohibits excessive bail or fines and prohibits cruel and unusual punishment.

34. Ninth Amendment Does not deny people any rights that are not specifically mentioned in the Constitution.

35. Tenth Amendment Gives the states or the people all powers not specifically granted to Congress or denied to states.

36. The United States Constitution • 1,800 words • Been changed only 27 times since first adopted • Written in a very terse (brief) general style • A living document – can be changed/amended

37. Parts of the Constitution • Preamble • Articles • Signatures • Amendments

38. Overall... • The Constitution is the highest law in the US. • All other laws come from the Constitution in some way. • It provides a framework for the government of the United States. • It creates the Presidency, the Congress, and the Supreme Court. • Each state has its own constitution that is the highest law for the state - but even then, the United States Constitution is higher.