James Madison Constitution

Constitution

Day 1

• In 1787, our Founding Fathers

met in Philadelphia to write a
new constitution after the
Articles of Confederation failed

• James Madison argued for a

strong, central government
with 3 branches

• Madison created the Virginia

Plan which called for a
national legislature (law-
making body) with 2 houses

Forming the Constitution

House

of

Representatives

Senate

•What did the Founding Fathers do once the
first plan of government, the Articles of
Confederation, failed?

•What did James Madison want the new
government to look like?

Day 1

Turn and Talk

Day 1

James Madison

• The delegates argued a lot over

how much power the federal
government should have

• James Madison and 38 others

eventually agreed on the U.S.
Constitution

• James Madison is known as the

“Father of the Constitution”,
because of his role and influence
at the Constitutional Convention

James

Madison

Constitution

U.S.

•What nickname was given to James
Madison?

•Why did the Founding Fathers argue so
much about how much power to give to
the federal government?

Day 1

Turn and Talk

Day 2

• After the Constitution was

written, 9 out of 13 states had to
ratify, approve it

• Federalists, like James Madison,

supported the Constitution, and
wrote the Federalist Papers to
explain why others should do the
same

• Anti-Federalists, like George

Mason, were opposed to a
strong, national government

Ratification

•How many states out of 13 were needed to
ratify (approve) the Constitution?

•What two groups formed while states
debated ratification?

Day 2

Turn and Talk

Day 2

George Mason

• George Mason wanted more

limits placed on the federal
government in order to protect
people and states’ rights

• A bill of rights, a list of rights

guaranteed to the people by the
government, was added to the
Constitution to gain Anti-
Federalist support

• The Constitution was ratified in

June 1788, and is still in effect
today

States

•Why did George Mason dislike the
Constitution?

•Why was a bill of rights added to the
Constitution?

Day 2

Turn and Talk

Day 3

• The U.S. Constitution was written to

outline the powers and duties of
government

• The U.S. Constitution also

recognizes the rights of citizens

• The Preamble begins with the

words, “We the People of the
United States”, and goes on to
identify 6 goals our Founding
Fathers set for our country

The Constitution

•What is the purpose of the U.S.
Constitution?

•How does the Preamble to the U.S.
Constitution start?

Day 3

Turn and Talk

Day 3

Preamble

• The 6 goals include:

• To form a more perfect union –

create a nation where states work
together as one

• To establish justice – have fair laws

and courts

• Insure domestic tranquility – keep

peace within the country

•What is one goal found in the Preamble?

•What does that goal mean?

Day 3

Turn and Talk

Day 3

Preamble

• The 6 goals include:

• Provide for the common defense –

protect the country from attacks

• Promote the general welfare –

look out for the well-being of all
citizens

• Secure the blessings of liberty for

ourselves and our posterity –
protect freedom now and for
future citizens

•What is another goal in the Preamble?

•What does that goal mean?

Day 3

Turn and Talk

Day 4

• The first 10 amendments

(changes) to the Constitution are
known as the Bill of Rights, and
were included to protect citizens’
rights

• The 1stAmendment protects 5

freedoms which include:

• Freedom of Religion – people can

choose to practice whatever
religion they wish, or none at all,
the government can not force a
religion on the people

Bill of Rights

•What are the first 10 amendments to the
U.S. Constitution known as?

•How are citizens guaranteed freedom of
religion?

Day 4

Turn and Talk

Day 4

First Amendment

• Freedom of Assembly – people can

gather together peacefully

• Freedom of Petition – people can

collect signatures to ask the
government to change something

• Freedom of Press – the news

(newspaper/media) can be reported
without control from the
government

• Freedom of Speech – people can

express their thoughts without fear
of being jailed or fined

I think…

•What is one freedom protected under the
1stAmendment?

•Explain what that freedom means
American citizens have the right to.

Day 4

Turn and Talk

Day 5

• 2ndAmendment - the right to

keep and bear arms (have a
weapon)

• 3rdAmendment – no quartering

(housing) soldiers in private
homes during peacetime without
the owner agreeing

• 4thAmendment – protection

from unreasonable searches and
seizures (taking property)

2nd– 5thAmendments

•What is the 2ndAmendment?

•Explain what protections U.S. citizens are
granted in the 2nd, 3rd, and 4thAmendments.

Day 5

Turn and Talk

Day 5

2nd– 5thAmendments

• 4thAmendment – also requires a

search warrant to be issued

• 5thAmendment – provides rights to a

person accused of a crime

• 5thAmendment – provides “due

process”, certain steps must be
followed before your right to life,
liberty, or property are taken from you

• 5thAmendment – if you are on trial,

then you can’t be forced to testify
against yourself by taking the stand,
and can’t be tried twice for the same
crime (double jeopardy)

•What is needed before law enforcement
can search your property?

•What is due process?

Day 5

Turn and Talk

Day 6

• 6thAmendment – people have

the right to a lawyer, and a fair,
speedy, public trial

• 7thAmendment – people have

the right to a trial by jury in civil
cases (when someone sues
another)

• 8thAmendment – protect from

excessive bail, fines, and cruel
and unusual punishment

6th –10thAmendments

•Which amendment guarantees you the
right to a fair, public, speedy trial, and a
lawyer?

•Explain what protections U.S. citizens are
granted under either the 7thAmendment,
or 8thAmendment?

Day 6

Turn and Talk

Day 6

6th – 10th Amendments

• 9thAmendment – rights of the

people – recognizes people have
more rights than those listed

• 10thAmendment – rights of the

states – any power not granted to
the national government, and
not denied to the states, can
then become a state power

•What does the 9thAmendment recognize
there are more of?

•Who would be very happy about the 10
Amendment – a Federalist, or an Anti-
Federalist?

Day 6

Turn and Talk

Day 7

• The main function of the

legislative branch is to make laws

• The legislative branch is made up

of Congress, which includes the
House of Representatives and
Senate

• The main function of the

executive branch is to enforce, or
carry out laws

3 Branches

Senate

House of Reps

•What is the main function of the legislative
branch?

•What is the main function of the executive
branch?

Day 7

Turn and Talk

Day 7

• The executive branch consists of

the President and his advisors

• The main function of the judicial

branch is to interpret laws

• The judicial branch is headed by

the Supreme Court

3 Branches

•Who is the leader of the executive branch?

•What is the main function of the judicial
branch?

Day 7

Turn and Talk

Day 8

Checks and Balances

• Many people at the Constitutional

Convention had fought in the
American Revolution

• The delegates wanted to make

sure that the 3 branches would
never become as powerful as the
British king or Parliament

• They created checks and balances

as a way for each branch to check
on the actions of the other

LEGISLATIVE

EXECUTIVE

JUDICIAL

•What war had many delegates of the
Constitutional Convention been a part of?

•Why was the system of checks and
balances part of the Constitution?

Day 8

Turn and Talk

Day 8

Checks and Balances

• If necessary, then the branches can

balance the power of the other by
stopping an action

• Even though the legislative branch

has the power to make a law, the
executive (president) can veto
(reject) it, and the judicial (Supreme
Court) can declare the law
unconstitutional at any point

• The Supreme Court’s ability to

declare a law unconstitutional is
called judicial review

LEGISLATIVE

EXECUTIVE

JUDICIAL

The Court can declare laws made by Congress

unconstitutional

The president can
veto (reject) a bill

Congress is trying to

make into law

The president can
nominates judges

Senate confirms president’s

nominations and can

remove judges from office

•What is one way a branch can check and
balance another?

•What is judicial review?

Day 8

Turn and Talk

Day 9

• The Founding Fathers agreed that the

national and state governments
should share powers (federalism)

• Some shared powers include:

• Making laws
• Enforcing laws
• Collecting taxes
• Borrowing money
• Establishing courts

• Both national and state governments

are responsible for keeping peace and
order in society, as well as providing
services for their citizens

Federalism

•What is federalism?

•What is an example of a power that both
the national and state governments have?

Day 9

Turn and Talk

Day 9

National Powers

• Some power that only the national

(federal) government has includes:

• Coining money
• Declaring war
• Admitting new states
• Providing post offices
• Raising the armed forces

•What is a power that only the national
government has?

•What is another word for national?

Day 9

Turn and Talk

Day 9

• Some powers that only state

governments have include:

• Establishing schools
• Building and maintaining state

highways

• Overseeing trade in a state

State Powers

•What is a power that only the state
governments have?

•How is the building and maintenance of
highways important?

Day 9

Turn and Talk