Creating the Constitution

Articles of Confederation

• In 1777, the Continental Congress drafted the original constitution, known as the Articles of Confederation.

• The fledgling government under the Articles of Confederation found itself facing a host of difficulties and many believed a stronger national government was the solution.

Why were the Articles of Confederation so weak?

What we didn’t like about the British. . .

• Taxation without representation

• Large central government (monarchy) had all the power

• States always had to listen to the king

• All power was in the King’s hands.

• King could change the rules/laws any time

So the Articles of Confederation…

• Federal government could not tax

• States didn’t have to follow laws and treaties.

• States had their own laws and didn’t have to follow any other states’ laws

• No executive branch or national court system.

• Any amendment required all 13 states

What’s the Problem?• Federal government could not tax; very difficult to

raise money.

• States didn’t have to follow laws and treaties.

• Each State had its own laws.

• No executive branch or national court system.

• Any amendment required all 13 states, so very difficult to modify.

Northwest TerritoryUnder the Articles of Confederation

Congress Creates a Plan for Western Lands

Main Idea: The national congress created plans for settling and governing the Northwest Territory. By selling this land to speculators and farmers, the Congress hoped to raise revenues and extend America’s republican society westward.

Northwest Ordinance of 1787 - Established a process by which new territories in the West could become states1) Congress appoints a Territorial governor and judges2) When a territory had 5,000 registered voters, settlers could write a temporary constitution and elect their own government.3) When total population reaches 60,000, settlers can write a state constitution, approved by Congress before granted statehood

Shays’ Rebellion

Daniel Shays a former Revolutionary Army captain, led a rebellion by farmers against unsettled economic conditions which were unfair to farmers and working people.

Taxes were to be paid in gold or silver coin – rather than paper money.

The rebellion demonstrated to many prominent Americans that action had to be taken to strengthen the national government

A Confederation of States (continued…)

The Constitutional Convention

• Articles of Confederation needed revisions. Philadelphia, May 1787The delegates of 12 states met to design a new and improved plan of government.

• Before a constitution could be written and approved, the delegates needed to come to an agreement about what it should contain.

James Madison William

Patterson

John Dickenson

Compromise Was Necessary

• The delegates were far from a unanimous decision concerning a structure of a new government.

• The Great Compromise, which drew points from both the Virginia and New Jersey plans, outlined a potential solution.

Anglo representation5/5

Slave representation 3/5

Settling Differences

• Three – Fifths Compromise – An agreement to count three-fifths of a state's

slaves in apportioning Representatives.

Federalist vs. Anti-Federalists• Two groups quickly emerged in

the debate over the Constitution: the Federalists who favored ratification of the Constitution (Washington, Madison, Hamilton)

• Anti-federalists (Sam Adams, Hancock, Patrick Henry) who opposed it.

• 9 of the 13 states needed to vote for the new constitution

• Compromise – The Bill of Rights

• Bill of Rights- a formal summary of citizens’ rights and freedoms

• Was a strong Anti-Federalist argument

• Why People Demanded a Bill of Rights?

• Feared a strong central government

• Federalists yielded to people’s overwhelming desire and promised to add Bill of Rights

• On September 25, 1789, the Bill of Rights passed both houses of Congress

• December 15, 1791 the amendments had been ratified by 3/4th of the states

• Principles of the New Constitution

• Main Idea: The Republic established by the Constitution of the United States became a symbol of freedom to countries around the world.

In Class Activity• Read the Bill of Rights and be prepared to answer the following

questions: Page 179-181

• What rights are protected by each amendment?• What is an example of a way in which each right could be violated?• Is it ever okay to violate any of these rights?• Americans are very aware of the rights they have.

Which of our rights is most important, in your opinion and why?

• Amendments – HW

• Select one of these rights and write a paragraph describing the way that American society would be different if this right was not guaranteed by the Constitution

Amendments #1-10 Bill of Rights

• 1st Speech, Press, Religion, Assembly, Petition

• 2nd Right to Bear Arms

• 3rd Quartering of Troops

• 4th Search and Seizure, Warrant

Amendments #1-10Bill of Rights

5th–8th Amendments Guarantees fair treatment of those accused of crimes

• 5th Self incrimination • 6th Speedy Trial • 7th Jury of Peers• 8th Cruel and Unusual Punishment

• 9th Amendment people’s rights not restricted to just those specifically in Constitution

• 10th people and states have all the powers not given to the federal government