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Origins of the Constitutio n

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Origins of the Constitution. Introduction Articles of Confederation Treaty of Paris Accomplishments Problems Constitutional Convention Who? Representation/Congress Slavery Separations of Powers and Checks/Balances Ratification Bill of Rights Conclusion. Key Terms Northwest Ordinance - PowerPoint PPT Presentation

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Page 1: Origins of the Constitution

Origins of the Constitution

Page 2: Origins of the Constitution

Introduction Articles of Confederation

Treaty of Paris Accomplishments Problems

Constitutional Convention Who? Representation/Congress Slavery

Separations of Powers and Checks/Balances

Ratification Bill of Rights Conclusion

Key Terms Northwest Ordinance Ordinance of 1787 Shay’s Rebellion George Washington James Madison Ben Franklin Virginia Plan Great Compromise 3/5 Compromise

Page 3: Origins of the Constitution

Themes The first

Constitution’s achievements and problems

The Constitutional Convention (1787)

Separation of Powers/Checks and Balances

Page 4: Origins of the Constitution

Bellwork If you were to create a government from

scratch: What laws would you create? How would you organize the government? What protections would you guarantee

the people?

Page 5: Origins of the Constitution

Original 13 States and Territories

Page 6: Origins of the Constitution

Treaty of Paris (1783) Chief American

negotiator: Ben Franklin John Adams John Jay

Page 7: Origins of the Constitution

Treaty of Paris (1783)1. British recognized independence of

U.S.2. U.S. territory extended from Florida to

the Great Lakes and Mississippi River3. Guaranteed payment of debt between

citizens of each nation4. Restored rights and property of

Loyalists (ignored)

Page 8: Origins of the Constitution

Treaty of Paris (1783) The losers of the

treaty Loyalists Native Americans

Page 9: Origins of the Constitution

Introduction Articles of Confederation

Treaty of Paris Accomplishments Problems

Constitutional Convention Who? Representation/Congress Slavery

Separations of Powers and Checks/Balances

Ratification Bill of Rights Conclusion

Key Terms Northwest Ordinance Ordinance of 1787 Shay’s Rebellion George Washington James Madison Ben Franklin Virginia Plan Great Compromise 3/5 Compromise

Page 10: Origins of the Constitution

Articles of Confederation Created a national

legislature Unanimous support was

required to pass major pieces of legislation

National government had no power to levy taxes

Key Philosophy = State’s rights

Page 11: Origins of the Constitution

Articles of Confederation – Legislation Northwest Ordinance (1787)

Process by which new states could join the Union

When population reached 5,000 (White Males)one rep in Congress

Territories need 60,000 pop. To apply for statehood

Rights in territories Freedom of religion Trial by jury were protected slavery was prohibited

Page 12: Origins of the Constitution

Articles of Confederation (Problems) Each state had one vote (regardless of

population); Equal Representation: Each state has an

equal number of votes in the national legislature (Congress)

Unanimous support was needed to pass major pieces of legislation

Page 13: Origins of the Constitution

One State/ One Vote Virginia = 750,000 Delaware =

60,000

Page 14: Origins of the Constitution

Articles of Confederation (Problems) Each state had one vote (regardless of

population); Unanimous support was needed to pass major

pieces of legislation’ Each state had the power to negotiate treaties Each state had the ability to print its own

money

Result: U.S. =13 semi sovereign nations

Page 15: Origins of the Constitution

Articles of Confederation (Problems) Shay’s Rebellion

Farmers in Massachusetts faced economic hardships

Daniel Shays led an “army” of 2,000 angry men

The rebellion was crushed Impact: Demonstrated the weakness of

the national government to act during an emergency

Page 16: Origins of the Constitution

Check Up!Symptoms of a Failed Government Match the crisis to the quote.

1. Shay’s Rebellion: Rebellion in Massachusetts. Mob destroyed property.

2. States ignored laws

3. Great Britain kept troops in the U.S.

4. National Gov. was too weak

A. “(I) insist that the United States be put… into possession of all the posts and territories within their limits, which are now held by British garrisons.” -John Jay to the British Government

B. “Let us have a government by which our lives, liberties, and properties will be secured, or let us (abolish it).” -George Washington concerning Shay’s Rebellion

C. “The powers of Congress are (unable) to preserve the balance between the respective States, and (make)them to do those things which are essential for their own welfare or for the general good.” -Henry Knox

D. “…In obedience to the direction… of this State, I enclose their unanimous resolution [to reject] the recommendation of Congress, respecting (a tax) on imported goods…” -Letter from Rhode Island to Congress

Page 17: Origins of the Constitution

Symptoms of a Failed Government1. Shay’s Rebellion

Gov. couldn’t protect Life, Lib., Property

“Let us have a government by which our lives, liberties, and properties will be secured, or let us (abolish it).”

-George Washington concerning Shay’s Rebellion

Page 18: Origins of the Constitution

Symptoms of a Failed Government2. States ignored laws

“…In obedience to the direction… of this State, I enclose their unanimous resolution [to reject] the recommendation of Congress, respecting (a tax) on imported goods…”

-Letter from Rhode Island to Congress

Page 19: Origins of the Constitution

Symptoms of a Failed Government3. Great Britain kept troops in the U.S.

“(I) insist that the United States be put… into possession of all the posts and territories within their limits, which are now held by British garrisons.”-John Jay to the British Government

Page 20: Origins of the Constitution

Symptoms of a Failed Government4. National Gov. was too weak

“The powers of Congress are (unable) to preserve the balance between the respective States, and (make)them to do those things which are essential for their own welfare or for the general good.”-Henry Knox

Page 21: Origins of the Constitution

Source – Shay’s Rebellion "You talk, my good sir, of employing influence

to appease the present tumults in Massachusetts. I know not where that influence is to be found, or, if attainable, that it would be a proper remedy for the disorders. Influence is not government. Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.“ George Washington to Henry Lee concerning

Shay’s Rebellion

Page 22: Origins of the Constitution

Source – Articles of Confederation

Articles of Confederation

“ARTICLE II. EACH State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.

ARTICLE III. THE said States hereby severally enter into a firm league of friendship with each other, for their common defense... against all force offered to, or attacks made upon them... whatever.

ARTICLE IX. THE United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war..., of sending and receiving ambassadors — entering into treaties and alliances....

THE United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever....

THE United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States — fixing the standard of weights and measures throughout the United States — regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated — establishing and regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing throw the same as may be requisite to defray the expenses of the said office — appointing all officers of the land forces, in the service of the United States, excepting regimental officers—appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States — making rules for the government and regulation of the said land and naval forces, and directing their operations.

ARTICLE X. THE committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with....

...Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union... And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. Articles Of Confederation, 15 November 1777.

Page 23: Origins of the Constitution

Source - State Sovereignty Source: Letter from the Rhode Island Assembly to Congress (November

30,1782)-"Sir: In obedience to the direction of the lower, house of assembly of this State, I enclose their unanimous resolution [to reject] the recommendation of Congress, respecting an impost on imported goods, &c. and to state some of [their] principal reasons. . . ."1st. Because it would be unequal in its operation, bearing hardest on the most commercial states, and so would press peculiarly hard upon this State, which draws its chief support from commerce:"2dly. Because it proposes to introduce into this and the other states, officers unknown and unaccount' able to them, and so is against the constitution of this State: and"3dly. Because, by granting to Congress a power to collect moneys from the commerce of these states, indefinitely as to time and quantity, and for the expenditure of which they are not to be accountable to the states, they would become independent of their constituents; and so the proposed impost is repugnantto the liberty of the United States."

Page 24: Origins of the Constitution

Source - Debt Source: Letter from Delegate Joseph Jones of Virginia to

George Washington (February 27,1783) "One ground of discontent in the army, and on which they

found the opinion that justice is not intended to be done to them, is the delay in complying with their requests [for bonus and back pay]. But with those acquainted with the deliberations of public bodies, and especially of so mixed a body as that of Congress, allowances will be made for slow determination. Every class of public creditors must know the inability of Congress to pay their demands, unless furnished with the means by the several States, and the exertions of that body have not been [lacking] heretofore to obtain the means. . . ."

Page 25: Origins of the Constitution

Source – National Sovereignty"You will in a respectful but firm manner insist that the United States be put, without further delay, into possession of all the posts and territories within their limits, which are now held by British garrisons. And you will take the earliest opportunity of transmitting the answer you may receive to this requisition. . . .

"You will represent to the British Ministry the strong and necessary tendency of their restrictions on our trade to incapacitate our merchants in a certain degree to make remittances to their's. . . . John Jay’s Instructions to the U.S. minister to Great Britain

Page 26: Origins of the Constitution

Source – Future of the Nation“I have lately been far eastward of Boston on private business, and was no sooner returned here than the commotions in Massachusetts [Shay’s Rebellion] hurried me back to Boston on a public account.

Our political machine, composed of thirteen independent sovereignties, have been perpetually operating against each other and against the federal head since the peace (end of the Revolution). The powers of Congress are totally inadequate to preserve the balance between the respective States, and oblige them to do those things which are essential for their own welfare or for the general good. The frame of mind of the local legislatures seems to be exerted to prevent the federal constitution from having any good effect. The machine works inversely to the public good in all its parts: not only is State against State, and all against the federal head, but the States within themselves (do not possess). . . . the power of preserving the peace, (or) the protection of the liberty and property of the citizens. . . .

This dreadful situation, for which our government have made no adequate provision, has alarmed every man of principle and property in New England. They start as from a dream, and ask what can have been the cause of our delusion? What is to give us security against the violence of lawless men? Our government must be braced, changed, or altered to secure our lives and property. . . .

. . . . Something is wanting, and something must be done, or we shall be involved in all the horror of failure, and civil war without a prospect of its termination. Every friend to the liberty of his country is bound to reflect, and step forward to prevent the dreadful consequences which shall result from a government of events. Unless this is done, we shall be liable to be ruled by an arbitrary and capricious armed tyranny, whose word and will must be law.”

Henry Knox to George Washington, 1786.

Page 27: Origins of the Constitution
Page 28: Origins of the Constitution

Reasoning Evidence/O.I. Inference          

   

          

   

          

   

Assertion: :

Conclusion:

Page 29: Origins of the Constitution

What do these documents reveal about the failures of the Articles of Confederation.

Page 30: Origins of the Constitution

Reasoning Evidence/O.I. Inference          

   

          

   

          

   

Assertion:

Conclusion:

Page 31: Origins of the Constitution

Check Up! On a 3x5 card

answer the following questions:

1. What document created a national government during the revolution?

2. List three criticisms of the Articles of Confederation.

Page 32: Origins of the Constitution

Check Up! On a 3x5 card

answer the following questions:

1. What document created a national government during the revolution?

2. List three criticisms of the Articles of Confederation.

3. Respond the following prompt in ARE format:

A: The Articles of Confederation were a failure because…

R: E:

Page 33: Origins of the Constitution

Bellwork Create a list of the powers possessed by

the three branches of the government: Legislative Executive Judicial

Page 34: Origins of the Constitution

Constitutional Convention (Philadelphia, 1787) Included 55 delegates

from all states except Rhode Island George Washington: Led

the proceedings Ben Franklin: Key diplomat

from Philadelphia James Madison: Main

architect of the Constitution

Who was not there Thomas Jefferson John Addams

Page 35: Origins of the Constitution

Purpose of convention Meeting was originally called to address

the failures of the Articles of Confederation

They instead decided to write an all new constitution

Page 36: Origins of the Constitution

Check Up! Set up a T-Chart in your notes as follows. Complete each

section as we move through the lecture

Virginia Plan New Jersey Plan Great Compromise/ Connecticut Compromise

Page 37: Origins of the Constitution

Virginia Plan Eliminate the Articles of

Confederation Separate the gov. into three

branches Legislative Executive Judicial

Representation in Leg. would be based on Proportional Representation Each state would be

represented based on their population (larger states would have more votes)

Page 38: Origins of the Constitution

New Jersey Plan Keep the Articles of

Confederation Single house in Congress

Equal representation: Each state would be represented with an equal number of members/votes

Powers of Congress Collect Taxes Regulate Trade

Page 39: Origins of the Constitution

Check Up! Think, Pair, Share Which states do you

think would support proportional representation?

Which states do you think would support equal representation?

Which do you support?

Page 40: Origins of the Constitution

Great Compromise – Connecticut Compromise Separate the Leg

Branch into two branches Senate: Each state

would have 2 senators

House of Representatives: Based on population

Page 41: Origins of the Constitution

Compromise - Slavery Background

Should slaves be counted when determining a state’s population?

The 3/5 Compromise One slave was equal to 3/5 of a person

when determining a state’s population

Page 42: Origins of the Constitution

Compromise - Slavery Fugitive Slave Law: allowed for return of

runaway slaves Slave Trade Ban: Congress could not

outlaw African Slave Trade until 1808

Page 43: Origins of the Constitution

Introduction Articles of Confederation

Treaty of Paris Accomplishments Problems

Constitutional Convention Who? Representation/Congress Slavery

Separations of Powers and Checks/Balances

Ratification Bill of Rights Conclusion

Key Terms Northwest Ordinance Ordinance of 1787 Shay’s Rebellion George Washington James Madison Ben Franklin Virginia Plan Great Compromise 3/5 Compromise

Page 44: Origins of the Constitution

Constitutional System Federalism Checks and Balances Separation of Powers

Page 45: Origins of the Constitution

Federalism: Division of Power Between National and State Governments

Source

Page 46: Origins of the Constitution

Checks and Balances

Page 47: Origins of the Constitution

Checks and Balances and Separation of Powers

Page 48: Origins of the Constitution

Articles of Confederation U.S. Constitution

Page 49: Origins of the Constitution

Separations of Powers and Checks and Balances

Page 50: Origins of the Constitution

Separations of Powers and Checks and Balances

Page 51: Origins of the Constitution

Separations of Powers and Checks and Balances

Page 52: Origins of the Constitution

Separations of Powers and Checks and Balances

Page 53: Origins of the Constitution

Separations of Powers and Checks and Balances

Page 54: Origins of the Constitution

Impeachment Impeachment: To bring official charges

against the president (majority vote in House of Representatives)

Trial/Removal: The individual stands trial (Senate acts as jury; 2/3 majority vote it needed for removal)

Page 55: Origins of the Constitution

Introduction Articles of Confederation

Treaty of Paris Accomplishments Problems

Constitutional Convention Who? Representation/Congress Slavery

Separations of Powers and Checks/Balances

Ratification Bill of Rights Conclusion

Key Terms Northwest Ordinance Ordinance of 1787 Shay’s Rebellion George Washington James Madison Ben Franklin Virginia Plan Great Compromise 3/5 Compromise

Page 56: Origins of the Constitution

Bellwork What problems might people have with

the new constitution? What would people like?

Page 57: Origins of the Constitution

Ratification Ratification required 3/5 of states (9) to

approve the constitution with their state legislatures

Page 58: Origins of the Constitution

Federalists - Support Federalists: Supporters of the new

Constitution Strong government was needed due to

weak Articles of Confederation Federalism Separation of Powers Checks and balances

Page 59: Origins of the Constitution

Anti-Federalists - Opposed Anti-federalists: Opposed to Constitution

No bill of rights Anti-strong central government

Page 60: Origins of the Constitution

Ratification – Federalist Papers Federalist Papers

Series of 85 essays published in New York arguing for the ratification of the Constitutions

Authors Alexander Hamilton James Madison John Jay

Page 62: Origins of the Constitution

Introduction Articles of Confederation

Treaty of Paris Accomplishments Problems

Constitutional Convention Who? Representation/Congress Slavery

Separations of Powers and Checks/Balances

Ratification Bill of Rights Conclusion

Key Terms Northwest Ordinance Ordinance of 1787 Shay’s Rebellion George Washington James Madison Ben Franklin Virginia Plan Great Compromise 3/5 Compromise

Page 63: Origins of the Constitution

Amending the Constitution

Page 64: Origins of the Constitution

Bill of Rights Congress created a series of 12

amendments to the Constitution and submitted them to the states on September 25, 1789

Enough states ratified Amendments 3-12 for ratification on December 15, 1791

Proposed Amendment 1 and 2 never entered the constitutions

Page 65: Origins of the Constitution

Introduction Articles of Confederation

Treaty of Paris Accomplishments Problems

Constitutional Convention Who? Representation/Congress Slavery

Separations of Powers and Checks/Balances

Ratification Bill of Rights Conclusion

Key Terms Northwest Ordinance Ordinance of 1787 Shay’s Rebellion George Washington James Madison Ben Franklin Virginia Plan Great Compromise 3/5 Compromise

Page 66: Origins of the Constitution

Review Accomplishments and

failures of Articles of Confederation

Key provisions of U.S. Constitution

Ideas to consider: Compare/ contrast the

Articles and the U.S. Constitution

Does the system of separation of powers/checks and balances protect your right

Page 68: Origins of the Constitution

Sources http://

college.cengage.com/history/lecturepoints/part01_lecture07/part01_lecture07.html