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Government of the United States

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1 Government of the United States

2 Government by the States
The USA started as 13 separate, independent states. Articles of Confederation established the first government of the USA

3 Articles of Confederation
Established a “Firm League of Friendship” among the 13 states Confederation - Association of independent states (nations)

4 Articles of Confederation
Written by the 2nd Continental Congress in 1776 but not ratified by the states until 1781 Americans avoided building a strong central government

5 Articles of Confederation
Each state had its own constitution Several states had “Bills of Rights” in their constitutions to protect citizens from tyranny PA’s constitution allowed all male taxpayers over 21 to vote PA’s assembly had to be elected each year

6 Articles of Confederation
1 Branch – Congress Each state received 1 vote States could send as many delegates as they chose Congress only met during the year as needed

7 Articles of Confederation
Congress had a list of areas that they had control over The national government could only do the things specifically listed In order to change the Articles, all 13 states had to agree In order to pass new laws, 9 states had to agree

8 Articles of Confederation
Contents Make peace and war Send and receive ambassadors Make treaties Borrow money

9 Articles of Confederation
Contents Set up a monetary system Build an army and navy Fix standard weights and measures Settle disputes among the states

10 Articles of Confederation
What was it missing? Why wasn’t it changed? The Articles had many weaknesses, particularly after we won the war and no longer had a reason to cooperate

11 Articles of Confederation
Weaknesses Need unanimous vote to amend Articles Need 9/13 states to pass any law 1 vote for each state, regardless of size or contributions to the treasury

12 Articles of Confederation
Weaknesses No power to collect taxes No way to enforce laws No way to regulate trade No national courts

13 Shay’s Rebellion (1786) Wealthy v. States v. Farmers
Government promised money to soldiers when they signed up for the war. After the war they didn’t have the money to pay them The state governments had no federal oversight. Wealthy that lent money to the states demanded repayment

14 Shay’s Rebellion States raised taxes to try to get out of debt.
Farmers were borrowing money to pay their taxes and were unable to pay their loans. Loans were owed to some of these same wealthy businessmen.

15 Shay’s Rebellion Banks were foreclosing on the farmers properties, with the help of government officials Daniel Shay and 1200 followers blocked the courthouse to prevent foreclosures from being processed in Massachusetts

16 January 25, 1787 Shots are fired as farmers riot in Massachusetts

17 Shay’s Rebellion State troops ended the uprising.
Shay and the leaders were eventually captured and arrested. They were released with “time served” and a fine.

18 Shay’s Rebellion ‘Nationalists’ were convinced that the Articles needed to be strengthened. George Washington asked representatives to meet at Mt. Vernon, and then at Annapolis, but hardly anyone showed up. After Shay’s Rebellion, 12 of the 13 states sent representatives to Philadelphia

19 Achievements of the Articles of Confederation
Successfully ran the war and negotiated the peace Held a brand new country together for over 10 years without a hostile takeover Wrote the Northwest Ordinances of 1785 and 1787

20 Northwest Ordinance Policy for incorporating new territories into the union The federal government had the land surveyed and divided into territories and townships Each township was 6 square miles and was required to set aside land for public schools

21 Minnesota Wisconsin Michigan Ohio Illinois Indiana

22 Northwest Ordinance A territory would be administered by the federal government until they had 5,000 free male inhabitants of voting age The inhabitants would then elect a territorial legislature. They could then send representatives to Congress but they couldn’t vote

23 Northwest Ordinance When they reached 60,000 inhabitants, they could write their own state constitution If Congress approved the constitution, they became a state

24 Northwest Ordinance Established organized, uniform requirements for entering the union Established the principle that the new states would be equal to all other states System is still used today, with slight modifications

25 USA’s Current Territories
Unincorporated Puerto Rico Virgin Islands Guam Administered by the Department of the Interior Wake island Midway Island American Somoa

26 The Constitutional Convention
Section 2

27 Constitutional Convention (1787)
55 delegates met in Philadelphia All states except Rhode Island sent delegates

28 Constitutional Convention (1787)
They concluded that the Articles could not be changed so a new document was written James Madison is ‘father of the Constitution’

29 Constitutional Convention
Virginia Plan Bi-Cameral Legislature Representation by population and wealth in lower house; lower house would choose upper house 3 separate branches of government

30 Constitutional Convention
Virginia Plan Power to veto state legislation Power to enforce laws in the states Power to tax

31 Constitutional Convention
New Jersey Plan Unicameral Legislature Equal representation for states Power to tax

32 Constitutional Convention
New Jersey Plan Power to regulate interstate trade Executive & Judicial Branches appointed by the legislature

33 Constitutional Convention
Connecticut (Great) Compromise Bicameral legislature Lower house based on population and elected by popular vote Upper house would have equal representation, appointed by state legislatures

34 Constitutional Convention
Three/Fifths Compromise Southern states wanted to include the number of slaves in their population Northern states said you could not have it both ways - people or property Compromise counted every 5 slaves as 3 people, or every slave as 3/5’s of a person Not repealed until 1865

35 Constitutional Convention
Final Agreement Federalism – Authority is shared between the national and state governments The national government would have the power to tax and enforce laws 3 separate, distinct branches of government

36 U.S. Constitution Final Notes
A system of checks and balances would be included to keep any one branch from becoming too powerful National powers are enumerated, to keep them limited

37 U.S. Constitution Final Notes
The president would be elected indirectly by the people (electoral College) A federal court system was created, with a Supreme Court and lesser courts Ratification would take 9 of the 13 states

38 Essay Question: Compare and Contrast the Articles of Confederation with the U.S. Constitution

39 Ratifying the Constitution
Section 3 Ratifying the Constitution

40 Ratifying the Constitution
Federalists Anti-Federalists In favor of the Constitution Against the Constitution Favored a strong national government Favored strong state governments Alexander Hamilton, James Madison, John Jay Thomas Jefferson, Patrick Henry, Sam Adams The Federalist Papers The Anti-Federalist Papers

41 Ratifying the Constitution
Delaware, New Jersey, Connecticut 1st to ratify Georgia and Pennsylvania followed Massachusetts, Maryland, South Carolina, New Hampshire (9th) Without New York and Virginia, slim chance of being successful

42 Ratifying the Constitution
Pennsylvania Assembly approved the new Constitution after James Wilson eloquently spoke of its benefits

43 Ratifying the Constitution
Federalist papers and promise of Bill of Rights resulted in approval by VA & NY (1788) North Carolina delayed but gave in, November 1789 Rhode Island was ‘convinced’ to approve it in May, 1790

44 The Constitution Was ratified on June 21, 1788
It has 7 articles that describe the basic framework of our government Article 5 contains provisions for amending the Constitution, should it prove necessary

45 The Bill of Rights

46 1st Amendment Freedom of religion Freedom of speech
Freedom to petition the government Freedom of assembly Freedom of the press

47 Critical Thinking Why are the first amendment rights necessary in a democracy?

48 2nd Amendment A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Note: A militia is a local, volunteer army. Jews for the Preservation of Firearms Ownership, Inc.

49 3rd Amendment Except in time of war, troops will not be quartered in civilian homes without the owners consent

50 4th Amendment Protects people from unreasonable search and seizure
Search warrant needed – specific Exceptions

51 5th Amendment Prohibits double jeopardy
Indictment necessary before trial Innocent until proven guilty Protection against self-incrimination Due process clause - People cannot be denied life, liberty, or property without the due process of law Limits the government’s right to take your property (due process clause)

52 6th Amendment Entitled to confront your accusers
Entitled to a lawyer Entitled to a speedy, public trial Accused criminals are: Entitled to a trial by jury Entitled to call witnesses in your defense

53 7th Amendment People have the right to a jury trial in civil cases when the amount of damages exceeds $20.

54 8th Amendment Forbids excessive bail to accused criminals
Forbids cruel and unusual punishments for convicted criminals

55 Critical Thinking One of the reasons the Federalists opposed a bill of rights was because it was impossible to make the list all-inclusive. If a right wasn’t included in the list, did that mean you didn’t have it?

56 9th Amendment Makes clear that rights not specifically included in the Constitution were not sacrificed

57 10th Amendment The powers of the national government are enumerated
Those powers not specifically given to the national government are reserved for the states

58 Enumerated or Reserved?
Marriage and divorce Regulate foreign trade Pardon criminals Create a fire department Coin money Build schools Raise an army Criminal laws

59 Proposal / Ratification
These amendments were proposed by the new Congress in 1789 There were originally 12 but were condensed to 10 They were ratified in 1791 and became known as the Bill of Rights

60 Supreme Court Each year the Supreme Court is asked to interpret the Bill of Rights and its relevance to contemporary legal cases

61 American Civil Liberties Union
Commonly referred to as the ACLU Founded in 1920 to assist people in protecting their civil rights

62 Section 4 Inauguration Precedent Planning D.C. NYC - 1789 Tradition
Many started by George Washington Planning D.C. Location – between 2 states (now 3) Streets lettered and numbered

63 The End

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