Attempts to Form A New Nation

The Articles of Confederation & the U.S. Constitution

AOC Pair & Share

What kind of government did the Articles of Confederation create? What did it

include?

The Articles of Confederation created a weak central government with more power given to the states. They could declare war, conduct foreign relationships, & they could borrow & issue money. They could not draft troops, direct trade, or impose taxes.

AOC Pair & Share

Land Ordinance of

1785

Northwest Ordinance of

1787

Trade Agreements

establish with countries other

than Britain

Led the country

during the Rev. War

AOC Pair & Share

Could not enforce the Treaty of Paris

No major leader

No power to regulate trade or

currency

No Power to Tax

AOC Pair & Share

What do you think was the most serious flaw of the Articles of Confederation?

Explain.

Our founding fathers had a fundamental question to answer:

Did the Second Continental Congress represent a union, or did its decisions reflect the opinion of thirteen separate

states?

Articles of Confederation

Our first U.S. Constitution, which called for a “League of Friendship” between the states

Was written by a committee led by John Dickinson (PA), presented to Congress on July 12, 1776, & was ratified by all states by 1781

Articles of Confederation

Structure of the New National Government Each state could send between two to seven delegates to a Congress Each state got only one vote A President would serve a one-year term Congress would meet once a year A Committee of States ran the country when Congress was not in

session with one delegate from each state

Problems with the Articles Congress could not tax the states Poor attendance at meetings of Congress No President or Courts Commanded little respect worldwide

Accomplishments

The AOC’s record was mixed during its existence from 1781 to 1789, but it did experience some success.

The Land Ordinance of 1785 created a system of surveying and selling lands in rectangular sections.

In 1787 the Northwest Ordinance provided for settlement and government of the Northwest Territory, guaranteeing freedom of religion and prohibiting slavery there.

Shays’ Rebellion A postwar depression from 1784 to 1787 exposed the

economic weakness of the new nation. Without the ability to tax, the Confederation could not pay

its debts and states increased taxes to pay their debts. Massachusetts’ farmers pressed by higher taxes joined

Daniel Shays, a western Massachusetts farmer and veteran who closed courts to prevent farmers from losing their property.

With national government unable to act the revolt was extinguished by a local militia financed by wealthy merchants.

Shays’ Rebellion exposed fundamental weaknesses in government and strengthened the movement to revise the Articles.

Pair & Share

Collaborative Assignment

Attempts to revise the Articles

In May 1787, 55 delegates assembled in Philadelphia to revise the AOC

George Washington was elected President of the Constitutional Convention

Delegates from Virginia, led by James Madison, proposed that a new constitution be written, which was agreed upon by the delegates. James Madison

Plans Proposed

Virginia Plan – large, southern state plan proposed by James Madison (accepted plan; Madison took notes on the proceedings; known as “The Father of the U.S. Constitution)

New Jersey Plan – small state plan proposed by William Paterson

New York Plan – large, northern state plan proposed by Alexander Hamilton

Areas of Agreement at the Convention

Separation of Powers – there should be separate executive, legislative, & judicial branches of government

System of Checks & Balances – to ensure that no one branch gets more power than another

Areas of Disagreement at the Convention

How will representation in Congress be counted?– Great or Connecticut Compromise

– There will be a two-house congress (bicameral legislature)

– One will be called the House of Representatives, which will be determined by population

– Another will be called the Senate with two delegates per state

Pair & Share

What was the Three-Fifths Compromise, & why was it necessary?

Areas of Disagreement at the Convention

How shall slaves be counted for representation?– Each slave would count as 3/5ths of a person for determining

representation

Areas of Disagreement at the Convention

What kind of executive should there be?– A single executive called a president chosen by electors

538 Electoral Votes 270 Needed to Win

Pair & Share

3/5ths Compromise

Every 5 slaves would count as 3 people in the

population

Executive Compromise

There would be a single president that would serve a term of 4 years

chosen by the electoral college.

Great Compromise

Creates a two-house Congress

the House of Reps (population) & the

Senate (equal)

Assignment

Pair & Share

How is power divided under the federal system?

Primary Source AnalysisAnnotate, Complete Questions & Document Analysis Worksheet

Pair & Share

A strong national government with some power to the states.

Western farmers; those that wanted a bill of rights

A limited national government that included a bill of rights.

Large landowners, merchants, & artisans; coastal farmers

Opposing Groups form over Ratification

Federalists led by Washington, Hamilton, & Madison favored ratification because they felt it was the best compromise possible.

Anti-federalists led by Patrick Henry were against ratification for the following reasons:– States were surrendering too much power to the national

government

– Voters did not have enough control over government officials

– No Bill of Rights

The Birth of Political Parties

Federalists (North)Led by Alexander Hamilton Beliefs in Government

– Rule by rich and well educated

– New government should favor merchants, manufacturers, and lawyers

– Strong central government with a strong president

– Favored industry– Wanted strong alliance with

Britain– Centralized banking and

create debt spending– Cynical– Loose interpretation of the

Constitution

Anti-Federalists (South)Led by Thomas Jefferson

Beliefs in Government– Rule by everybody– New government should favor

farmers, artisans, and poor classes

– Weak central government, power given to the states to reflect individual interests

– Favored agriculture and farming– Wanted strong alliance with

France– Low taxes, small tariffs– Idealistic– Strict interpretation of the

Constitution

Political Vocabulary

Ratify: To agree to, To sign Amend: To add to Veto: To refuse to sign Bill: Proposed law Suffrage: Right to vote Bicameral: Two house congress Impeachment: Bring charges against a

President Cabinet: Advisors to the President

Ratification by the Convention

Of the 55 delegates present, 13 left, 39 voted yes & 3 voted no.

In late September 1787 the U.S. Constitution went to the states for ratification

The Federalist

The Federalists’ arguments for ratification were summarized in a collection of 85 essays written by James Madison, Alexander Hamilton, & John Jay under the joint name of Publius.

The essays explained how the new Constitution worked & why it was needed.

Ratification by the States

Delaware, Pennsylvania, & New Jersey were the first to ratify Georgia & Connecticut followed by January 1788 & then

Massachusetts, Maryland & South Carolina New Hampshire became the ninth state to ratify making the

Constitution the law of the land Virginia, New York, & Rhode Island were last to ratify only after

Madison & Hamilton promised to add a Bill of Rights

The U.S. Constitution

Ratification of the U.S. Constitution created a Federal Republic, which is the description of our form of government with three levels (National, State, & Local) & ruled by the people through our vote

The American Constitution

Constitution divided into two parts– Articles--rights of

government (7 Articles)

– Amendments--rights of individual (27 Amendments)

Government Structure

Articles I-III– Separates power into

three branches of government

– Art. I-Leg.; Art. II-Exec.; Art. III-Judic.

Articles IV-VII– Power of Law– Power of

Constitution

Amendments I-X– Bill of Rights

Amendment XI-XII– Organization of Government

Amendment XIII-XV– Civil Rights Amendments– Slave Amendments

Amendments XVI-XIX– Progressive Amendments

Amendments XX-XXI– New Deal Amendments

Amendments XXII-XXVII– Great Society Amendments

Refer to Branches of Government Powerpoint

Interpretation“Loose

Interpretation” A.K.A. “Loose Construction of

Constitution”– Interpretation of Constitution

must be flexible– People change, society

changes, technology changes-->Constitution must adapt

– What the Constitution doesn’t say EXPLICITY, the branches of government can do

“Federalists” “Liberals”

“Strict Interpretation”

A.K.A. “Strict Construction of Constitution”– Constitution should remain

the constant– The Constitution must be

the measure of social, ethical, and moral change

– Government can ONLY do what the Constitution EXPLICITLY says

“Anti-Federalists” “Conservatives”

Powers of the Government

Delegated Powers – listed in the constitution as powers of Congress such as taxes, borrowing money, & regulating trade

Reserved Powers – powers not granted to the national government are reserved automatically to the states such as education

Concurrent Powers – powers shared by national & state governments such as taxes, police forces, & court systems

Powers of the Federal Government

System of Checks & Balances

Checks & Balances

Checks on Presidents– Power of impeachment by House of Reps

– Trial of Impeachment by the Senate

– Supreme Court Chief Justice serves as judge

– 2/3rds vote of the Senate is needed to remove a President from office

Checks & Balances

Checks on Congress– President can veto bills & call special sessions of Congress

Checks & Balances

Checks on the Courts– Congress can impeach federal judges

– President can appoint judges with consent of the Senate

Other Important Guarantees

Ex Post Facto – Congress cannot pass a law setting a penalty for an act that was not illegal at the time it was committed

Bills of Attainder – Congress cannot pass a law inflicting punishment on a person without a trial

Writ of Habeas Corpus – A person cannot be held in jail without being formally charged

Due Process of Law – steps in the arrest, trial, & conviction of a person

Flexibility of the Constitution Amendments – Requires a 2/3rds vote of Congress & a 3/4ths

vote of the states – 27 changes

Elastic Clause – Article One, Section 8, Clause 18 states that Congress can make any other laws needed for the country

Judicial Review – Courts can interpret the law

“Unwritten Constitution” – allows practices of custom to continue

Admission of New States – Requires a 2/3rds vote by Congress & 3/4ths by the states

Powers of the Federal Government

System of Checks & Balances

How a Bill becomes a Law

Federal Court System

Amending the Constitution

1791:The Bill of Rights, Then & Now

Read the article. Complete 5 Comprehension Questions & choose one

of the three In-Depth Questions. In addition, complete the writing prompt to

the right.

Bill of Rights

Amendment I– Freedom of Speech & Press

• Includes spoken & written word.• Can be limited by the Government due to libel, obscenity,

fighting words, & speech inciting violence.

– Freedom of Assembly• Right to picket & protest.• Cannot be forced to join a group.

– Freedom of Religion• Can choose & practice any religion.• Separation of Church & State• Government cannot establish its own religion (Establishment

Clause).

Bill of Rights

Amendment II– Right to Bear Arms

• An individuals right or militia?

• Government has permitted limitation of some rights.

Amendment III– Quartering of Troops

• Provides an individuals right to own & protect property.

• Does it include family lives & personal affairs?

Bill of Rights Amendment IV

– Unreasonable Search & Seizure• Limits police when investigating crimes & using illegally

obtained evidence at trial.• Government has allowed for school searches.

Amendment V– Grand Jury Protection

• Double Jeopardy – cannot be punished for the same crime twice.

• Right against self-incrimination – “I plead the fifth”.• Due Process – Right to confront accusers.• Takings Clause – Governments right to take private property,

but must provide just compensation.

Bill of Rights

Amendment VI– Right to a Jury Trial

• Right for a case to be heard by an impartial jury.

– Right to a Speedy Trial– Right to a Public Trial– Right to be informed of Criminal Charges– Right to Confront Witnesses

• Allows for cross-examination & the jury to determine if the witness is truthful.

– Right to Assistance of Counsel• Is not based upon ability to pay.

Bill of Rights Amendment VII

– Right to Jury Trial in Civil Cases• In Civil Cases the plaintiff is seeking money damages or

stopping the defendant from engaging in certain conduct.

Amendment VIII– No Excessive Bail

• The money paid by a defendant to be released from jail prior to trial cannot be excessive.

• Does not eliminate a court’s right to not provide bail in certain cases.

– Protection against Cruel & Unusual Punishment• Protects against disproportionate punishments.

• Does not include the death penalty, only who is eligible.

Bill of Rights

Amendment IX– Unenumerated Rights

• Individual rights cannot be denied even if they are not specifically listed in the constitution.

Amendment X– States’ Rights

• Re-emphasized the balance of power between the National government & the states.