1. The Constitution: Formation of a New Government
Standard 1.5

2. Events leading up to the Constitution
Weakness of the Articles of confederation
Economic problems
Refusal from states to financially support the national government
Shays’ Rebellion
Trade between the states

3. Framers of the Constitution
1787, 55 delegates from all states (except RI) gathered in Philadelphia to write a new form of government
They are called the framers of the Constitution or our founding fathers.
They were mostly wealthy well-educated white males
The most famous are Benjamin Franklin, Alexander Hamilton, George Washington and James Madison (he is considered the Father of the Constitution)
The writing of the Constitution was a result of a series of compromises.

4. Great compromise (Connecticut Compromise)
New Jersey Plan
Wanted representation to be equal
Unicameral (1-house) legislature
Virginia Plan
Wanted representation based on population
Bicameral (2-house) legislature
Great compromise (Connecticut Compromise)
A 2-house legislature
Each state has equal representation in the Senate (upper house)
Population of each state will determine representation in the House of representatives (lower house)

5. Who should be counted for purposes of representation?
Southern states want to:
Wanted slaves to be counted
Feared that if Congress controlled trade then would do away with foreign trade
Northern states want to:
Did not want slaves to be counted
Slaves should be counted in taxes
3/5 Compromise
Slaves would be counted as 3/5 of a person in population counted
Slaves would be taxed
Congress could not rule on (interfere with) slave trade for 20 years

6. How should power be divided?
Division of Power
Federalism- system of government in which the power is divided between the national and state governments
Delegated (enumerated) powers- powers given to the national gov’t by the Constitution
Reserved powers- powers kept by the states
Separation of Power
Created 3 branches of government
Legislative
Executive
Judicial

7. How should power be divided?
Checks and Balances
The separation of powers allowed for a system of checks and balances
Electoral college
Did not trust the population to vote
Elected delegates who voted for the President
How the Electoral College works:
Electors are picked from each state; their number is determined by the amount of representatives and senators each state has
People in each state cast their ballots for who they want for President
Once the peoples’ votes are counted, the electors will then vote in accordance with how their state voted. (meaning if SC voters vote for Obama and he wins the majority of SC votes, then the electors will cats their ballots for Obama)

9. Ratifying the Constitution
Ratification- official approval
The states needed to ratify the Constitution for it to become the new form of government.
Arguments arose over the ratification
Federalists
Supporters of the Constitution
Made up of mostly elites from coastal areas
Favored the balance of power
Said the system of checks and balances would protect Americans
Anti-Federalists
Opposed the Constitution
Represented the backcountry farmers
They did not want a strong national government
The argument boiled over when it came to protecting individual liberties.
Anti-Federalists demanded a Bill of Rights.

10. Federalist Papers
To try and get support for the ratification of the Constitution, a series of 85 essays were published.
The Federalists papers, as they are now called, refer to the 85 essays written by Alexander Hamilton, John Jay and James Madison
They explained the intentions of the framers and gave a further explanation of the provisions of the Constitution

11. Ratifying the Constitution
The Federalists bent to the will of the Anti-Federalists.
They promised to add a Bill of Rights if they ratified the Constitution.
The new government became a reality in 1789.

12. Bill of Rights
The bill of rights were added after the ratification of the Constitution.
The Bill of Rights are the first 10 amendments to the Constitution.
1-8 protect personal liberties
9-10 limit the powers of the federal gov’t
1 religious and political freedom
2 right to bear arms
3 Freedom from quartering troops
4 freedom from unreasonable search and seizure
5 rights of accused persons
6 right to a speedy public trial
7 right to a trial by jury
8 limits on fines and punishments
9 rights of the people
10 rights of the states

13. Bill of Rights Assignment
Directions: You need to read and then put the first ten amendments (the Bill of Rights) in to your own words. You will need to put each individual amendment into your own words!!!
Example:
10th amendment:
Original: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In my own words: The powers not given to the national government are then considered the states power. Or
The states and national government have powers that are divided between them.
You will also need to make up a symbol to represent each bill of rights.

14. Works that influenced the Constitution
Magna Carta: English charter (1215)
Est. That people (through representatives) must be consulted for taxes
Under the Constitution both state and federal legislatures tax
Est. a right to a trial by jury and from abuses of power
Covered under Bill of Rights
English Bill of Rights (1689)
People must be consulted for taxes
Power of King is limited
In Constitution, president is not above the law
People have right to religious freedom
In 1st amendment
Colonial charters
Granted colonists rights of Englishmen
In first 10 amendments

15. Purpose and principles of the Constitution
Purpose of the Constitution:
Provide a more effective national government, yet limit the power of the national government
Underlying Principles:
Sovereignty– the authority to govern comes from the people
Federalism
Separation of powers
Checks and balances
Purpose of the Bill of Rights:
Limit the national government
Recognize the rights of the people