Introduction: The Constitution of the United States

1. Introduction: The Constitution of the United States • A group of powerful men succeeded in writing and winning the approval of the federal Constitution and in establishing a strong central government. The conflict generated by their efforts resulted in safeguards in the form of the Bill of Rights to protect Americans’ liberty from government infringement.

2. A Living Document • Flexible enough to adapt to social, economic, political and technological changes. • Strong enough and clear enough to keep law and order for over 200 years. • GOAL: Stop government from becoming too powerful and protect personal liberties.

3. GOAL: Stop government from becoming too powerful and protect personal liberties.

6. Form of Government • Democracy: government by the people • Republic: government run by the people through elected representatives • How much power should ordinary citizens have in running the new government? • Unpredictable behavior leads to problems (i.e. printing money, taxes, debt collections)

7. Early Form of Government States have the most political power. There is not a strong central government. • Citizens consider themselves as belonging to a particular state, not a nation. State constitutions are written. • The new nation: a friendship of separate governments.

8. Articles of Confederation (1777): a set of laws to govern the nationUnited States first Constitution • Approved in 1781 and established a limitednational government, instead giving most of the political power to the states. • National Government had only one branch, a legislative branch. • No executive branch (no king, no president) • Each state responsible for its own court system.

9. Weaknesses of The Articles of the Articles of Confederation Weakness Outcome

10. Questions: Articles of Confederation.Use a copy of the Articles of Confederation to answer the following questions. • What will the new nation be called? • Which article determines the name? • Explain Article II (2). • Which article gives the national government (Congress) the exclusive right to handle foreign policy? • Which article gives Congress the exclusive right to declare war? • Explain Article X (10)

11. Powers given to National Government in The Articles of Confederation • Declare war • Conclude peace treaties • Borrow $ • Enact Foreign Policy

12. Weaknesses of the Articles of Confederation

13. Weaknesses of The Articles of the Articles of Confederation Weakness Outcome

14. Issues facing Americans after the warnew country in crisis • 1. disorganization: Each state looking out for themselves -- States each create own constitutions. -- all states enacting different trade laws, -- states taxed each other, created hostility -- some printing their own money • 2. Economic problems: The new country owes money to the French, British merchants and to US private citizens. Raise taxes (Shay’s Rebellion) • 3. Political divisions: for and against strong national government. • Why would Americans be happy with a weak national government?

15. ISSUES FACING AMERICANS AFTER THE WARNEW COUNTRY IN CRISIS • DISORGANIZATION:Each state looking out for themselves -- States each create __________________ -- all states enacting __________________ laws -- states taxed each other, created _________________ -- some printing their own _______________ • ECONOMIC PROBLEMS: The new country owes money to the__________________, ________________, _______________, Raise taxes (______________________) • POLITICAL DIVISIONS:Key figures collide. Some support a strong national government, some do not. Why would Americans be happy with a weak national government?

16. Shays’ rebellion • Cause • Taxes were disproportionately heavy on farmers of the west. • Could not pay in paper money, needed to pay in specie: gold and silver coin • Courts taking land as payment. • Effect

17. Shays’ rebellion • Cause • Taxes were disproportionately heavy on farmers of the west. • Could not pay in paper money, needed to pay in specie: gold and silver coin • Courts taking land as payment. • Effect • Citizens will rebel against a government they feel is unjust • Convinces delegates that a stronger national government is needed to rule.

18. Nationalists: Want a strong national government to restrain states. Members: George Washington, James Madison, Alexander Hamilton, • People against a strong national government were afraid of reverting back to a government with too much power. “It is Better to make mistakes and be disorderly than to be ruled by a tyrant”

19. Constitutional Convention 1787 • Delegates agreed to meet again after failed meeting in Annapolis Maryland in 1786 Goal: to discuss problems associated with Articles of Confederation Many wanted to amend Articles and some wanted to abandon Articles and start fresh • RI did not attend • James Madison: the father of the Constitution, favored a strong national Government

20. Constitutional Convention • Rules established at beginning of meeting: One was a secrecy rule: “That nothing spoken in the house be printed, or otherwise published or communicated without leave."

21. Document of Compromises How will each state be represented? equally or by population? Two plans issued by the delegates of the convention. (See next slide)

22. 1st plan • Virginia Plan: • Bicameral Congress determined by population. • National Legislature have the power to veto any state law • Legislature have the right to tax and regulate interstate and foreign trade. • Create an Executive branch and a judicial branch

23. 2nd Plan The New Jersey Plan: feared losing too much power in the new government. • Gave every state an equal vote (wanted to keep states more powerful than the National Government) • Unicameral • Gave Congress the power to tax and to regulate foreign and interstate trade • Create an Executive branch and Judicial branch

24. Compare: Virginia Plan: • Bicameral Congress determined by population. • National Legislature has the power to veto • Legislature has the right to tax and regulate interstate and foreign trade. • Create an Executive branch and a judicial branch The New Jersey Plan: • Gave every state an equal vote (wanted to keep states more powerful than the National Government) • Unicameral • Gave Congress the power to tax and to regulate foreign and interstate trade • Create an Executive branch and Judicial branches

26. Government’s Structure To eliminate the potential for an abuse of power by either the states or the national government the founders created adopted the federal system of government and divided power. • Federal system of Government: power is shared among state and national authorities (see next slide) • Separation of powers: each has own area of authority.

29. The founders also established three branches of government Checks and balances: each branch has the power to check (limit) the power of the others.

30. List the powers of each branch

32. Ratifying the Constitution: approval of the Constitution Federalists: George Washington, James Madison, Alexander Hamilton, John Jay • Favored strong national government • To win support for the Constitution The Federalists wrote a series of essays called The Federalist Papers • Federalist #10 • Anti- Federalist

34. Federalist #10 • The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire State.

35. Ratifying the Constitution: need 9/13 approval to adopt Constitution Federalists: George Washington, James Madison, Alexander Hamilton, John Jay • Favored strong national government • To win support for the Constitution The Federalists wrote a series of essays called The Federalist Papers • Federalist #10 Anti- federalist: Patrick Henry, Sam Adams, George Mason • Betrayal of Revolution: President = King • Constitution posed a threat to state government and • threatened rights of individuals. • Opposed new court system • Local government could be crushed by new larger national government

36. Federalists WIN! • Articles flawed (Shay’s Rebellion) • Had one plan…Constitution • Solid organized group • George Washington, Something must be done ..or the fabric (The Union) must fall, for it is certainly tottering

37. George Washington • Expected to be the first President • Could lead through defeat and victory • Voluntarily gave up power instead of using the military to seize power. • Respected, admired man who would act within the law.

38. Create a timeline • Use the insert on page 160 to create a timeline of the United States “activities from 1765 to 1790. When you get to 1787 list the dates and the order in which each state ratified the Constitution…You will need to use an additional source.

39. The States to Ratify the Constitution • Delaware, • Pennsylvania • New Jersey, • Georgia • Connecticut • Massachusetts • Maryland, • South Carolina, • New Hampshire

41. Printable weapons

42. Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

43. Fifth Amendment • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

44. Sixth Amendment • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

45. 8th amendment Is Capital Punishment cruel and unusual punishment? Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.