Lesson nine: What basic ideas about government did the state constitutions include? How did the new states protect rights?

Terms to know:

Absolute veto –the inviolable power to cancel or nullify a legislative act

Legislative supremacy –a system of governments in which the legislative branch has the most power

Massachusetts state constitution –voters in the states ratified the constitution in 1780, it is the oldest written constitution still in effect today

Over riding veto –the legislative branch can override an executive veto by proposing the law again

Popular sovereignty –the natural rights concept that ultimate political authority rests with the people

State declarations of rights –

Virginia declaration of rights –first state declaration of rights, which served as a model for other declarations of rights and bill of rights; was adopted June 12, 1776

Question and answer:

1. What basic ideas about governments were contained in the new state constitution?

· The state constitutions provided valuable experience for the framers before coming to Philadelphia. A few of the ideas included in the state constitutions are: higher law and natural rights, social contract, popular sovereignty, representation and the right to vote, legislative supremacy, and checks and balances.

2. How would you explain the following terms:

· Higher law- Every state constitution was considered a higher law and was based on the idea that the purpose government was to preserve and protect citizens’ natural rights to life, liberty, and property.

· Popular sovereignty-In all the new state constitutions sovereign authority existed in the people. The authority to govern was delegated to the government by the sovereign people.

· Legislative supremacy-A government in which most of the power is given to the legislature. Legislative supremacy was based on the idea that because representatives are elected by voters, this branch is the most democratic and will most likely protect the rights of citizens and promote their welfare.

· Checks and balances-Checks and balances in the new state constitutions was different. The checks were that because most important decisions had to be made by both houses of a legislature, the two could check each other. Also, the voters could check the legislatures by electing new representatives into both houses if they did not like the government worked.

3. What were the important differences between the Massachusetts state constitution and the other state constitutions?

· For one, under the Massachusetts state constitution, the governor was elected y the people, and thus, he could be trusted with more power. Other provisions provided for the governor were: that his salary was fixed and could not be changed by the legislature, the governor had the power to veto law made by legislature (but could be overturned by 2/3 vote of the legislatures), and governor could appoint officials to the executive branch and judges to the judicial branch.

· The Massachusetts state constitution also provided for a mixed classical republican style of government in which only people with a large amount of money could vote for governor, people with slightly les property could vote for officials in the upper house of state legislature, and people with the least amount of money could vote for members of the lower house. They felt this separation of power amongst classes would limit the abuse of power in government.

4. What important ideas did the Virginia Declaration of Rights contain? How was this document influential throughout the colonies?

· The Virginia Declaration of Rights was important in influencing other colonies to vote for independence. This document also provided that all power is derived for and kept by the people, that all men are by nature equally free and independent, and have certain inherent rights, which cannot be deprived (namely life, liberty, property, and pursuing and obtaining happiness and safety), and that the government is, or ought to be, instituted for the common benefit. Other rights protected by the VDOR are trial by jury, protection against forced self-incrimination and cruel and unusual punishment, freedom of the press, and free exercise of religious beliefs.