Writing the Constitution Unit 4

Significant Dates: The Declaration of Independence Constitution Written Constitution Ratified Bill of Rights added to the Constitution

Writing of the Articles of Confederation ★ Second Continental Congress ★ 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

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)

★ Patrick Henry ★ George Mason Anti-Federalists

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: ★ ★ 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 : ★ 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