UNIT 6

WE HAVE OUR OWN COUNTRY!

NOW WHAT?

Constitutional Era

Articles of Confederation

The writing of the Articles of Confederation took place at the Second Continental Congress.

Created a new form of government for the independent colonies

Included one branch(Confederation Congress), a congress including one representative (one vote) from each of the former colonies

Articles of Confederation cont’

Created a “firm league of friendship” where each state retains sovereignty, freedom and independence.

Many believed a central government was necessary to hold the country together, others didn’t want it to be too powerful.

State Constitutions

Each state had its own constitutionBelieved in a republic – where citizens elect

representatives who are responsible to the people

Limited government – leaders have to obey the laws and no one has total power

Problems with the new nation.

Trade with Britain High taxes on exports, but their goods are

coming in freely Unequal trade=bad economySpanish officials closed the lower Mississippi

Problems with the Articles of Confederation

StrengthsStates’ rights (results of strong fear of a

tyrannical leader)Confederation of states with equal voice in

CongressCongress had power to make war and peace,

sign treaties, raise an army and navy, print money and set up a postal service

Problems with the Articles of Confederation cont’

WeaknessesNo national taxes(no ability to gain national

revenue to pay for army, navy, or other national interests, had to ask states for money, which they often ignored)

No federal court system (no ability to settle disputes among states)

Lack of strong federal government(reduced ability to settle disputes over state boundaries)

Problems with the Articles of Confederation cont’

Weaknesses cont’No power to regulate commerce (quarrels

about taxes on goods that crossed state borders)

No federal leader(no “Executive” to lead the country)

Limited military = No protection

Shays’s Rebellion

The depression and low economy caused Mass. to tax land instead of printing paper money

Daniel Shays-poor farmer and war veteran couldn’t afford the tax, he led a rebellion

They closed down the courts in the western part of the state – no courts=no one’s property could be taken

* Shays’s Rebellion helped show that the government could not keep order and a stronger form of national government was needed.

Changing the Articles of Confederation

Several Documents influenced the making of the U.S. system of government

Magna Carta (1215) – Limited power of the King

English Bill of Rights (1689) – Listed individual rights(model for Bill of Rights-1st 10 Amendments)

Mayflower Compact (1620) – agreement that established the idea of self-government and majority rule

Changing the Articles of Confederation

Also influenced by the Enlightenment period – writers like John Locke

Legislative assemblies – House of BurgessesChristian traditions from Great AwakeningFundamental Orders of Connecticut – first

written constitution

Time for Change.

Constitutional Convention in

Philadelphia in 1787 Writing the Constitution James Madison was very

instrumental in writing the constitution

George Washington was elected president of the convention

Convention called to address the problems with the Articles of the Confederation – James Madison introduces a new plan

Issues of the Constitutional Convention

Issue – Representation in the legislatureVirginia Plan– Large state plan that

proposed representation based on population size. This included a plan for separation of powers – Executive, Judicial, Legislature

New Jersey Plan– Small state plan that proposed equal representation among all states

Issues of the Constitutional Convention

Compromise– Great Compromise – Constitution resulted

in a two-house legislatures (bicameral) with House of Representatives based on population and the Senate maintaining equal representation from all states.

Issues of the Constitutional Convention

Issue – How slaves should be counted regarding population and taxation.

North – didn’t want them counted

South – wanted all countedCompromiseThree Fifths Compromise

Three-Fifths of the slave population would be counted when setting direct taxes on the states and three-fifths ratio would also be used to determine representation in the legislature.

Republicanism – Elected people represent the peoplePeople hold popular sovereignty over

electedGovernment is based on the consent of the

governed.

Principles of the Constitution

Limited Government –The Constitution and laws define the limits

of those in power so they cannot take advantage of their elected, appointed, or inherited position.

Everyone, including all authority figures, must obey the laws(rule of law).

Government is restricted in what it may do.

Principles of the Constitution

Federalism – The distribution of power between a

federal government and the states within a union.

In the Constitution, certain powers are delegated to one of three ways:

To the statesTo the federal governmentShared

Principles of the Constitution

Separation of Powers Legislative branch Known as “Congress” made up of a “House of

Representatives” and a “Senate.” Powers are outlined in Article 1 of the U.S.

ConstitutionMakes the laws

Principles of the Constitution

Separation of PowersJudicial branch Known as the “Supreme Court”Consists of all courts: Supreme Court,

Federal Appeals Court, Federal District Court They interpret and apply the laws,

ensuring that they are just. Powers outlined in Article 3 of the U.S.

Constitution

Principles of the Constitution

Separation of Powers Executive branch Known as the “President”The President leads this branch which

carries out laws and ensures their just application

The Cabinet is included in this branch.Powers outlined in Article 2 of the U.S.

Constitution

Principles of the Constitution

Checks and balances – System that does not allow any one branch of

the government to have too much power. The President can veto legislation passed by

Congress, but Congress can override the veto.

The Senate confirms major appointments made by the President.

The courts may declare acts passed by Congress as unconstitutional.

Principles of the Constitution

Popular Sovereignty - Concept that political power rests

with the people who can create, alter, and abolish government.

People express themselves through voting and free participation in government.

Principles of the Constitution

Individual Rights – Many opposed the Constitution in 1787

because they believed it did not offer adequate protection of individual’s rights.

The Bill of Rights, ratified in 1791, was created to correct this.

Principles of the Constitution

The Constitution

We have all the principles, now what?

Approval?

To Ratify or not… that is the question…

Arguments for and against Ratification – Federalist – Argued for a stronger national

government because under the Articles of Confederation, the weak national government set the United States up for failure. (they wanted the Constitution and a new government)

Federalist Papers – Published anonymously. (Alexander Hamilton, James Madison, John Jay) Support ratification of the Constitution with a focus on the need for strong central government with restricted powers. (The constitution sets up for a strong central government with separated powers and a system of checks and balances) Basically said the new federal government will not overpower the states.

Ratification of Constitution

Arguments for and against RatificationAnti-Federalist – Argued that states’ rights

should remain powerful over key issues. Remained of the opinion that we fought the Revolution to get away from strong central government. Had great desire for individual liberties. (George Mason, Patrick Henry)

Anti-Federalist writings – Anti-Federalists opposed the Constitution because it lacked protection of individual rights. (When the Constitution was ratified, the first ten amendments-Bill of Rights-were immediately added to protect those rights)

Ratification of Constitution

Compromise – The U.S. Constitution is ratified and the Bill of Rights is added

Addressed many grievances listed in the Declaration of Independence

Addressed weaknesses in the Articles of Confederation

Had a desire to protect the individual rights of the people of the United States

Bill of Rights

1st – Freedom of speech, press, religion and assembly2nd – Bear arms3rd – No quartering troops during times of peace4th – Search and seizure (have to have a warrant)5th – Right to due process, not to be tried for the same

crime twice(Double Jeopardy), and not to testify against yourself

6th – Right to speedy public trial7th – Right to trial by jury in civil trials8th – Right not to have excessive bail and/or

punishment9th – Rights of the people10th – Rights left to the states to decide

Colonial Grievances

Declaration of Independence -Taxation without representation -King has absolute power -Colonists not allowed to speak out against

the King -Quartering Act forced colonist to house

troops -Allowed homes to be searched without

warrants -No trial by jury of peers

Colonial Grievances – FIXED!

Constitution -All states have representation in Congress,

which sets taxes -Separation of Powers (Congress has the

power to override the Presidential veto)Bill of Rights -1st Amendment – Freedom of speech -3rd Amendment – No quartering of troops -4th Amendment – No unwarranted search

and seizure -6th Amendment – right to speedy public trial -7th Amendment – trial by jury

Freedom of Speech

This allows for the protection of individual rights.

Freedom to express information, ideas and opinions

Free from government restrictions based on content

Freedom of Religion

Americans have the right to worship however they choose

The government does not have the right to interfere with religious beliefs

Sets up for official separation of church and state

There have been 27 Amendments since the Constitution was written in 1787

Purpose – The Constitution can be changed or

amended when it is deemed necessary by the people to adjust to changing times and to maintain a “living” document

Amending the Constitution

Process – *Proposal by Congress by 2/3 vote of both

houses, and ¾ of states ratify an amendment in state convention or state legislature

Proposal from a convention called by 2/3 of the States. It then goes to the state legislatures to be ratified, must have ¾ votes to pass

2/3 of states propose an amendment from a convention and ¾ states ratify an amendment in special state convention or state legislatures

Amending the Constitution