Creating a New Government The Birth of the U.S. Constitution

Shay’s Rebellion was an uprising of debt-ridden Massachusetts farmers protesting increased taxes in Daniel Shays led an army of 1,200 farmers toward the arsenal at Springfield, Massachusetts. State militia was called in to head off the army of farmers, killing four and scattering the rest.

States feared the possibility of other uprisings. Shay’s rebellion showed the weaknesses of the new Articles of Confederation in dealing with economic problems.

Challenges The great challenge faced by the delegates sent to Philadelphia in 1787, whose meeting became known as the Constitutional Convention, was how to create a strong national government but not make it so strong that future leaders might be tempted to undermine individual liberties.

Federalists Federalists favored the new Constitution’s balance of power between the states and the national government. Federalists favored a strong national government. Alexander Hamilton

Federalist Papers The Federalist Papers consisted of 85 essays written to persuade New York and other states to ratify the new Constitution.

Anti-federalists Anti-federalists opposed having such a strong national government and thus against the Constitution (favoring strong state powers & weak federal government.) Patrick Henry

Republicanism A republic is a nation governed by elected representatives rather than a king. The members of the Constitutional Convention followed the states and the Articles in adopting a republican system rather than the monarchical form of government of Great Britain. United States Congress

Popular Sovereignty Popular sovereignty refers to a system of government in which the people hold supreme power. Government therefore derives its power from the consent of the governed. This principle was reflected in the first words of the Preamble to the U.S. Constitution: “We the People…”

Federalism The writers of the U.S. Constitution did not eliminate the states as separate sources of power. Instead, they created a system in which power was shared between the national government and the state governments called Federalism.

In this division of powers, the national or “federal” government deals with matters that affect the whole country, such as defense. State governments handle local affairs, such as education, safety, and issuing licenses.

Separation of Powers The authors of the U.S. Constitution feared leaving too much power in the hands of any one branch of government. They therefore divided the main powers of the central government into 3 separate branches: the Legislature, the Judicial, and the Executive branches.

Delegated Powers are granted to the national government by the Constitution. Examples: control of foreign affairs, regulation of trade between the states. Pictured: President Jimmy Carter concluding a peace treaty with the Presidents of Egypt and Israel.

Reserved Powers Powers not specifically granted to the national government but kept by the states are called “reserved powers.” These powers include providing and supervising education. These powers include providing and supervising education.

Shared powers, such as the right to tax and establish courts, were shared by both the national and state governments. Taxes Courts

The Great Compromise offered a two-house Congress. Each state would have equal representation in the Senate in the upper house. The size of the population of each state would determine its representation in the House of Representatives, or lower house.

The Three-Fifths Compromise called for three-fifths of a state’s slaves to be counted as part of the population.

In June 1788, Federalists yield to people’s overwhelming desire and promised to add a bill of rights. New Hampshire becomes the 9 th deciding vote to approve the Constitution, making it the Law of the Land.

Checks and Balances The Constitution created another way of making sure that no one branch of the federal government became too powerful. It provided each branch of government with ways to “check” or limit the other branches. For example, the President has the power to appoint officials, such as the Secretary of States. However, the Senate must approve such appointments.

Bill of Rights When the states debated ratification (approval), critics argued that the Constitution contained no bill of rights. One of the first things the new Congress did was to propose a bill of rights in the form of amendments to the Constitution.

Bill of Rights The Anti-federalists’ demand for a bill of rights (a formal summary of citizens’ rights and freedoms) stemmed from their fear of a strong central government. States believed they would serve as protectors of the people. Bill of Rights on view at the National Archives. Washington, D.C.

Changing the Constitution The delegates provided a means of changing the Constitution through the amendment process. The delegates created a flexible Constitution.

By December 1791, the states ratified 10 amendments to the Constitution, which became known as the Bill of Rights. In the end, both Federalists and Anti-federalists added greatly to the Constitution.

The first ten amendments, known as the Bill of Rights, were added in When first adopted, the Bill of Rights protected individuals only from the actions of the federal government. Since the passage of the Fourteenth Amendment, these protections have been applied to state governments as well.

The 1 st Amendment guarantees freedom of religion and free expression including free speech, freedom of the press, the right to assemble, and the right to petition the government to make or change laws or policies.

Free speech and freedom of the press are especially important to the workings of a democracy. People cannot freely exchange ideas if they fear imprisonment or punishment for criticizing government actions.

People will not be well-informed for voting or making other choices if the press is not allowed to perform its role of reporting the news and helping people exchange their ideas and beliefs. The press also acts as a watchdog, making sure that our government leaders tell us the truth.

The 2 nd Amendment guarantees individuals the right to bear arms.

The 3 rd Amendment prohibits the quartering of soldiers in people’s homes without consent in peacetime and only allows quartering in wartime according to law.

Rights of the Accused The 4 th, 5 th, 6 th, and 8 th Amendments prohibit government officials from taking away a person’s life, liberty or property without following fair and reasonable legal procedures, referred to as the “due process of law.”

The Fourth Amendment protects citizens from unreasonable searches and seizures. If a judge believes the search is reasonable, a search warrant will be granted.

The Fifth Amendment, no citizen may be deprived of life, liberty, or property without due process of law – certain legal procedures that must be carried out before a person can be punished.

The Sixth Amendment guarantees a fair and impartial trial to those accused of a crime. They must be told of the charges against them, have the right to a trial by jury, and the right to be represented by a lawyer.

The 7 th Amendment guarantees individuals the right to a jury trial in many non-criminal matters, such as contract disputes. Contracts

The Eighth Amendment states that federal courts cannot require an unusually high bail and that no one can be punished in a cruel or unusual way.

The 9 th & 10 th Amendments state that all powers not given to the federal government in the Constitution are reserved to the states and the people, and that people have additional rights beyond those listed in the Constitution.

Influence of Historic Documents English and colonial political traditions played an important role in the outbreak of the American Revolution and in the development of the American government.

Several ideas of the Magna Carta (1215) are echoed in the provisions of the U.S. Constitution and the Bill of Rights. Under the Magna Carta, the king was forbidden from introducing new taxes without the permission of a council of nobles. The Constitution similarly provides that the government cannot introduce new taxes unless approved by the U.S. Congress.

The king also could not execute, imprison, or take the property of any free man except after a trial by jury or according to the law of the land. The Bill of Rights similarly provides that the government cannot punish a person without due process of law. King John

Many provisions of the English Bill of Rights (1689) are also echoed in either the U.S. Constitution or the Bill of Rights. For example, the English king could not suspend any laws without the consent of Parliament. The Constitution provides that all laws must be passed by the people’s representatives – Congress.

The king was prohibited from collecting taxes without Parliamentary approval. Likewise, the U.S. Constitution states that Congress must approve all taxes.

English Protestants were permitted to possess arms for their defense. This provision is echoed in the 2 nd Amendment, which guarantees citizens the right to bear arms.