Writing the Constitution

Writing the ConstitutionUnit 4

America gets a Constitution clip

Articles of ConfederationWritten at the Second Continental Congress-1776New form of government for independent coloniesIncluded one branchCongress included one representative from each colonyCreated a firm league of friendship where each state retains its sovereignty, freedom and independenceStrengths and Weaknesses of the Articles of ConfederationStrengthsWeaknessesStates Rights (due to a fear of a tyrannical leader)No national taxes; (no revenue for army, navy, or other national interests; had to ask states for money they often ignored requestsConfederation of states with equal voice in CongressNo Federal court system (no ability to settle disputes between states)Congress had power to make war and peace, sign treaties, raise army and navy, Lack of strong Federal leadership (reduced ability to settle disputes over state boundaries)Congress could print new moneyNo power to regulate Commerce (quarrels about taxes on goods that crossed state borders)Set up Postal systemNo Federal leader (no Executive to lead country)Limited military (No protection)Shays Rebellion178687, armed insurrection by farmers in W. Massachusetts against the state government. Debt-ridden farmers, struck by the economic depression that followed the American Revolution, petitioned the state senate to issue paper money and to halt foreclosure of mortgages on their property and their own imprisonment for debt as a result of high land taxes.

Constitutional Convention of 1787Called to address problems with Articles of ConfederationMadison introduces a new plan

Virginia PlanLarge state plan that proposed representation based on population sizeTwo-house legislature

James Madison wrote it, And Edmund Randolph presented it.New Jersey PlanSmall state plan that proposed equal representation among all states

William Patterson presented it.Great CompromiseConstitution resulted in a two-house legislature with House of Representatives based on population and Senate maintaining equal representation from all states

Roger Sherman is credited with creating the compromise. 3/5s CompromiseHow will slaves be counted?3/5s of all slave population would be counted when setting direct taxes on the states3/5s ratio would also be used to determine representation in the legislature

FederalistsArgued for a stronger national government because under the Articles of Confederation, the weak national government set the United States up for failureFounding Fathers Unite

Alexander HamiltonAlexander HamiltonFederalistWanted to go beyond the stated powers of the ConstitutionUsed the necessary and proper clause to justify forming a National Bank that was necessary and proper for the U.S. economy to developDelegate from New York at the Constitutional ConventionJames MadisonKnown as the Father of the ConstitutionHelped write the Federalist papers with John Jay and Alexander HamiltonWrote the first 10 amendments (Bill of Rights) to compromise with the Anti-FederalistsClip

James and DollyMadisonAnti-FederalistsArgued that states rights should remain powerful over key issues. Remained of the opinion that we fought the Revolution to get away from strong central government.Great desire for individual liberties

Patrick HenryAnti-FederalistSo opposed to idea of a stronger national government that he refused to attend the Philadelphia Convention because he smelled a ratInfluential with colonists protest against England with his Give me Liberty or Give me Death speech

George MasonLeader of the Anti-FederalistsBelieved in the need to restrict governmental power and supported protection of individual rightsServed as a delegate from Virginia at the Constitutional Convention

Influences of ideas from historic documents on the U.S. system of governmentMagna Carta-1215Limited power of King (Constitution limits power of central government)

English Bill of Rights-1689Listed individual rights (model for the Bill of Rights-first 10 amendments in the Constitution )

King William and Queen MaryMayflower Compact-1620By pilgrims in 1620, agreement that established the idea of self-government and majority rule

Federalist PapersSupport ratification of the Constitution with a focus on the need for a strong central government with restricted powers (The Constitution sets up for a strong central government with separated powers and a system of checks and balances.)

Anti-Federalist WritingsOpposed the Constitution because it lacked protection of individual rights. (When the Constitution was ratified, the 1st 10 amendments-Bill of Rights-were immediately added to protect those rights.)

United States ConstitutionRatified-1789Bill of Rights is added

Rights Guaranteed in the Bill of Rights1st Amendment-Freedom of speech, press, religion & Assembly2nd Amendment-Bear Arms3rd Amendment-no quartering of troops during times of peace4th Amendment-search and seizure5th Amendment-right to due process, not to be tried for the same crime twice (double jeopardy), and not testify against yourselfMore Bill of Rights6th Amendment-right to a speedy public trial7th Amendment-right to trial by jury in civil trials8th Amendment-right not to have excessive bail and/or punishment9th Amendment-rights of the people10th Amendment-rights left to states to decideImportance of free speech and press in a Constitutional republicFreedom of Speech and press allow for the protection of individual rights. Freedom to express information, ideas and opinions free of government restrictions based on content.Development of Religious Freedom 1620-1691-Plymouth Colony-self-governing church with each congregation independent and electing its own pastor and officers17th century-Massachusetts Bay Colony-churches also fairly democratic in they elected ministers and other church officials, but church closely tied with state governmentFebruary 1631-Roger Williams founded Rhode Island, in 1636-separated church and state1681-1776-Penns Frames of Government guaranteed religious freedom to all settlers in Pennsylvania (PA)1689-Toleration ActMaryland founded as haven for Catholics1791-Bill of Rights guaranteed freedom of religion and freedom from government interference

Impact of 1st AmendmentGuarantees religious freedomAmericans have right to worship however they choose.Government does not have right to interfere with religious beliefs.Sets up official separation of church and state

American Art & LiteratureScene at the signing of the Constitution of the United States

by Howard Chandler ChristyThe ConstitutionWashingtons papersPamplets-Thomas Paines Common Sense