Transcript Writing the Constitution

Writing the
Constitution
Unit 4
Significant Dates:
1776 - The Declaration of Independence
1787- Constitution Written
1788 - Constitution Ratified
1791 - Bill of Rights added to the Constitution
Writing of the Articles of Confederation
★ Second Continental Congress - 1776
★ Created a new government for the
independent colonies
★ 1st constitution in the United States
Writing the Articles of Confederation
★ Included one branch
1 representative from each of the former
colonies
★ financing war
★ treaty negotiations
★ avoided a powerful executive
Writing the Articles of Confederation
The Articles of Confederation was also
known as a “firm league of
friendship.”
“Firm League of Friendship”
each state keeps its sovereignty,
freedom and independence
Strengths of the AOC
The result of a great fear regarding a
tyrannical leader (KG3) was that the states
kept most of their power, while limiting the
power of the federal government
This is known as states rights.
Strengths of the AOC
★ each state had equal representation in
congress
★ congress could make war
★ congress could make peace; sign treaties
★ congress could raise an army & navy
★ congress could print money
★ congress could set up a postal service
Weaknesses of the AOC
★ congress had no power to tax
★ no federal court system
★ weak federal government
★ couldn’t regulate commerce
★ No federal leaders
★ limited military
Weaknesses of AOC
No power to tax.
This meant:
★ government couldn’t get revenue to pay for
army and other national interests
★ had to ask the states for money; states
would ignore the plea
Weaknesses of AOC
No federal court system.
This meant:
★ couldn’t settle disputes between states
Weaknesses of AOC
Lacked a strong federal government.
This meant:
★ reduced the ability of the government to
settle disputes over state boundaries
Weaknesses of AOC
No power to regulate commerce.
This means:
★ couldn’t do anything about the quarrels
over taxes on goods that crossed state
borders
Weaknesses of AOC
No federal leader.
This means:
★ no executive to lead the country
★ scared of having another KG3
Weaknesses of AOC
Limited military.
This means:
★ no protection
Shay’s Rebellion - 6 minutes
http://youtu.be/3ImIEcsTEVo
Shay’s Rebellion
★ proved the federal government was weak
& the federal government couldn’t keep
order
This meant:
A stronger federal government was needed.
“Back to the drawing board”
Writing the Constitution
★ How do they strengthen the federal
government?
★ How do they address representation?
★ How do they tackle slavery and
representation?
Writing the Constitution
Strengthening the federal government:
★ created an executive, legislative and
judicial branch
Writing the Constitution
Representation in congress problem:
★ The Virginia Plan- large states wanted
representation to be based on population
★ The New Jersey Plan - small states wanted
equal representation between all states
Writing the Constitution
How should slaves in the south be counted
regarding population and taxation?
★ People in the south wanted their slave
population to be counted.
★ People in the north didn’t want the slave
population to be counted.
The Great Compromise
★ It is written in the Constitution that there
would be a two house legislature.
The Great Compromise
Two House (bicameral) Legislature:
This means:
★ House of Representatives - based on
population (Virginia Plan)
★ Senate - based on equal representation
(New Jersey Plan)
⅗ Compromise
★ three-fifths of the slave population in the
south would be counted towards:
*direct taxes on the states
*representation in congress
Colonial Grievances
★ Colonial grievances that were listed in The
Declaration of Independence were
addressed in The Constitution.
Grievances: In The Declaration
Solutions: In The Constitution
Colonial Grievances
Grievance: Taxation without representation
Solution: All states are represented in
congress
Colonial Grievances
Grievance: KG3 had absolute power
Solution: Congress had the power to override
the President with the power of veto
Colonial Grievances
Grievance: Colonists were not allowed to
speak out against KG3
Solution: 1st amendment - Freedom of speech
Colonial Grievances
Grievance: Quartering Act forced colonists to
house troops
Solution: 4th amendment - No quartering of
troops
Colonial Grievances
Grievance: KG3 allowed homes to be searched
without a warrant
Solution: 4th amendment - No unwarranted
search and seizure
Colonial Grievances
Grievance: No trial by jury of peers
Solution: 6th amendment - Speedy & public trial
7th amendment - Right to a
trial by jury
Influence of ideas from historical documents
on The Constitution
Magna Carta: 1215
limited the power of the king
Influence on The Constitution:
constitutional limits of power of the central
government
Influence of ideas from historical documents
on The Constitution
English Bill of Rights:
listed individual rights
Influence on The Constitution:
model for the Bill of Rights
Influence of ideas from historical documents
on The Constitution
Mayflower Compact:1620
★ written by the Pilgrims
★ established self-government & majority rule
Influence on The Constitution:
self-government & majority rule
Influence of ideas from historical documents
on The Constitution
Federalist Papers:
★ supported ratification of The Constitution
★ desired a strong central government with restricted
powers
Influence on The Constitution:
★ strong central government
★ with separation of powers and check and balances
Influence of ideas from historical documents
on The Constitution
Anti- Federalist Papers:
★ opposed ratification of The Constitution because it
didn’t include a Bill of Rights that protected individual
rights
Influence on The Constitution:
★ Bill of Rights was added after The Constitution was
ratified in 1791.
Federalists
★ argued for a stronger federal government
★ approved ratification of the Constitution
Federalists
★ Wanted a stronger government because
under the Articles of Confederation, the
federal government was weak.
★ A weak national government set the United
States up for failure. (Shay’s Rebellion)
Federalists
★ James Madison
★ John Jay
★ Alexander Hamilton
Federalists
James Madison:
★ “Father of the Constitution”
★ helped write the Federalist Papers
★ wrote the “Bill of Rights”
Federalists
James Madison:
★ wrote the first ten amendments to
compromise with the Anti-federalists
Federalists
John Jay:
★ helped James Madison write the
Federalist Papers
Federalists
Alexander Hamilton:
★ Used the “necessary and proper clause” to
justify forming a national bank
★ He said it was necessary and proper for the
United States economy to form a national
bank
Federalists
Necessary and proper clause of the U.S.
Constitution:
Anti-federalists
★ states should retain their power
★ believed that the Constitution should
protect individual rights
★ opposed ratifying Constitution without a Bill
of Rights
Anti-federalists
★ Wanted the states to keep their power and
avoid a powerful executive.
★ Believed the American Revolution was
fought to get away from a strong central
government. (KGIII)
Anti-Federalists
★ Patrick Henry
★ George Mason
Anti-federalists
Patrick Henry:
★ opposed the idea of a strong central
government so much that he refused to
attend the Philadelphia Convention
★ He said he “smelled a rat”
Anti-Federalists
“Give me liberty or give me death”
Patrick Henry
Anti-Federalists
George Mason:
★ anti-federalist leader
★ believed in restricting government power
★ supported individual rights
Anti-Federalists
George Mason:
★ The reason he supported protection of
individual rights was to prevent the
government from abusing their power.
Development of Religious Freedom in the
United States
Plymouth Colony:
★ 1620-1691
★ self-governing churches
Development of Religious Freedom in the
United States
Plymouth Colony:
★ Self-governing churches were significant because each
church congregation was independent.
★ Each congregation elected their own pastor and
officers.
★ Evidence of representative government developing.
Development of Religious Freedom in the
United States
17th Century Massachusetts Bay Colony:
★ founded by Roger Williams to escape
religious persecution
★ close ties to Puritan Church
★ fairly democratic - held some elections
Development of Religious Freedom in the
United States
Massachusetts Bay Colony:
★ Roger Williams was banished
★ Church was tied too closely to the state
government.
★ He wanted separation of church and state.
Development of Religious Freedom in the
United States
Rhode Island 1636:
★ founded by Roger Williams after he was
banished from Massachusetts Bay Colony
★ there would be separation of church and
state in Rhode Island
Development of Religious Freedom in the
United States
Pennsylvania 1681-1776:
★ founded by William Penn
★ established a colonial government that
provided political freedom & guaranteed
religious freedom
Development of Religious Freedom in the
United States
Maryland:
★ a safe haven for persecuted Catholics
★ became Protestants vs. Catholics
★ led to 1649 Maryland Toleration Act
Development of Religious Freedom in the
United States
Maryland:
1649 Maryland Toleration Act - allowed
religious freedom to all Christians
Development of Religious Freedom in the
United States
Virginia 1786:
The Virginia Act for Establishing Religious Freedom
★ Written by Thomas Jefferson
★ first state to recognize church and state
★ guaranteed the right to practice religion free
from government interference
Development of Religious Freedom in the
United States
Bill of Rights 1791:
★ guaranteed the right to practice religion
without government interference.
★ guarantees freedom from a government
church (separation of church and state)
Why is religious freedom important?
Americans can worship however they
choose.
★ This leads to a variety of peaceful worship within a
community
★ No government interference with religious
beliefs
★ No state/government churches
Individual Rights protected by the Bill of
Rights
1st amendment:
freedom of religion, assembly, petition, press,
and speech
Why is free speech and press important in a
constitutional republic?
★ allow for protection of individual rights
★ free to express ideas, information and
opinions that are free of government
restrictions
Individual Rights protected by the Bill of
Rights
2nd amendment:
the right to bear arms
Individual Rights protected by the Bill of
Rights
3rd amendment:
No quartering of troops
Individual Rights protected by the Bill of
Rights
4th amendment:
No illegal search and seizure
Individual Rights protected by the Bill of
Rights
5th amendment:
★ right to due process
★ not to be tried for the same crime twice
★ you dont; have to testify against yourself
Individual Rights protected by the Bill of
Rights
6th amendment:
★ right to a speedy trial
★ right to a trial by jury
★ right to an attorney
Individual Rights protected by the Bil of
Rights
7th amendments:
right to trials by jury in civil cases
Individual Rights protected by the Bill of
Rights
8th amendment:
no excessive bail or punishment
Individual Rights protected by the Bill of
Rights
9th amendment:
rights of the people that are not specified in
the Bill of Rights
Individual Rights protected by the Bill of
Rights
10th amendments:
rights to the states