Part One, American Government and U.S. Constitution

Lesson 19: Written-Constitutions & Defining Govt. Powers

(Principles 18-19)	Name: _______________________

Part II: The Founders' Basic Principles –	28 Great Ideas that Changed the World

Lesson 19 Time: 36:05 [for Sunday, July 13, 2014]

The 5000 Year Leap: 18-19th Principles, Reading Assignment: (pages 217-227);
Importance of a Written Constitution; (pages 217-21)

Limiting & Defining the Powers of Government (223-27)

Lesson objectives: As a result of this lesson, the student should be able to discuss the following questions/topics:	18th Principle

1. What was the one weakness of the Anglo-Saxon common law? (page 217)

Importance of Written Principles

o Weakness of Anglo-Saxon common law

-it was not written down

2. What did the Anglo-Saxons and their descendants learn from the Norman Conquest and its eventual results? (217-18)

o Bitter lesson learned in 1066 A.D.

-Norman conquest

-rights disappeared ("Robin Hood" era; "Ivanhoe" in England)

-Magna Carta written in 1215; [signed by king but under duress, and not honored]

-Petition of rights in 1628; [next king refused to sign; was executed by Saxons]

-English Bill of Rights in 1689; [3rd attempt, William & Mary signed, but never honored]

-Britain still has no written constitution! [125 of 200 countries today now do!]

3. Describe the origins of written constitutions in American history. Why is the first constitution of Connecticut especially noteworthy? (218-19)

Written Constitution in America

o Mayflower Compact - 1620

o Fundamental Orders of Connecticut

-1639	-Written by Reverend Thomas Hooker

-[taken from] Deuteronomy chapter 1 - very important principles here.

-[outlasted all other colonial constitutions!]best in all colonies

4. When compared to other civilizations, what's one of the main differences in how the American system of government was framed? Has this contributed to its longevity? (219-21)

Wisdom of "Many" Better

o Single law givers

-Minos of Crete

-Draco of Greece [death penalty for every infraction ,-beginning successful, source of "Draconian" adjective]

-Alex the Great of Greece

-Lenin of Russia

o Government by councils

-Constitutional Convention 1787	-"best ever"

19th Principle:

5. What was one of the principles emphasized most vigorously during the Constitutional Convention? (223)

Most Discussed Principle:

o Limiting the Authority of Federal Government

-"bind down from mischief"	-1st ten amendments

-10th Amendment

– powers not delegated are reserved to states or people

– legislative power = 20 [limited to this]

– executive power = 6

– judicial cases = 11

6. What did the states require to help ease their fears of intrusion by the new national government? (223-24)

Power Rivals Power

o State's power balanced with Federal Power

7. Explain the principle of dual sovereignty.

o If one seeks more power, the other will pull it back into line

Why was it absolutely necessary to maintain a healthy balance between the national and state governments? (225)

o If Congress legislates against the States, Senate (State's House) will oppose.

8. Describe the damage done to this delicate balance by the Seventeenth Amendment. (226-27)

o 17th amendment changed all that by having people elect senators.

"All the state's (represented as 13 here) rights are destroyed because they cannot go to the Federal Government to address grievances except through Gubernatorial Resolutions which can be ignored by the Federal Government."

The 17th Amendment: 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.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. [emphasis supplied, – cpl]

Figure 1

Figure 2