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Attempts to Form A New Nation. The Articles of Confederation & the U.S. Constitution. AOC Pair & Share. What kind of government did the Articles of Confederation create? What did it include?.

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Attempts to form a new nation

Attempts to Form A New Nation

The Articles of Confederation & the U.S. Constitution

Aoc pair share
AOC Pair & Share

What kind of government did the Articles of Confederation create? What did it include?

The Articles created a weak central government with a Congress that had the power to declare war, raise armies, & sign treaties. It did not have the power to impose taxes & regulate trade.

Aoc pair share1
AOC Pair & Share

Led the nation during the Revolutionary war

Land Ordinance of 1785

Negotiated trade treaties with other nations

Northwest Ordinance of 1787

Aoc pair share2
AOC Pair & Share

The Congress did not have the power to impose taxes.

The Congress did not have the power to regulate trade.

The Congress could not force the states to abide by the Treaty of Paris.

The Congress did not have the power to regulate currency.

Aoc pair share3
AOC Pair & Share

What do you think was the most serious flaw of the Articles of Confederation? Explain.

Attempts to form a new nation

Our founding fathers had a fundamental question to answer:

Did the Second Continental Congress represent a union, or did its decisions reflect the opinion of thirteen separate states?

Articles of confederation
Articles of Confederation

  • Our first U.S. Constitution, which called for a “League of Friendship” between the states

  • Was written by a committee led by John Dickinson (PA), presented to Congress on July 12, 1776, & was ratified by all states by 1781

Articles of confederation1
Articles of Confederation

Structure of the New National Government

  • Each state could send between two to seven delegates to a Congress

  • Each state got only one vote

  • A President would serve a one-year term

  • Congress would meet once a year

  • A Committee of States ran the country when Congress was not in session with one delegate from each state

    Problems with the Articles

  • Congress could not tax the states

  • Poor attendance at meetings of Congress

  • No President or Courts

Shays rebellion
Shays’ Rebellion

  • Erupted in 1786.

  • Poor farmers in Western Massachusetts found it impossible to pay their taxes, mortgages, & other debts.

  • Many lost their farms.

  • They rebelled to close down courts that were declaring them bankrupt.

  • Daniel Shays emerged as a leader of the rebellion.

  • Shays organized an attempt to seize a state arsenal, that was put down by a state militia sent by the governor.

  • This event led many to believe that a stronger central government was needed.

Attempts to revise the articles
Attempts to revise the Articles

  • In May 1787, 55 delegates assembled in Philadelphia to revise the AOC

  • George Washington was elected President of the Constitutional Convention

  • Delegates from Virginia, led by James Madison, proposed that a new constitution be written, which was agreed upon by the delegates.

James Madison

Plans proposed
Plans Proposed

  • Virginia Plan – large, southern state plan proposed by James Madison (accepted plan; Madison took notes on the proceedings; known as “The Father of the U.S. Constitution)

  • New Jersey Plan – small state plan proposed by William Paterson

  • New York Plan – large, northern state plan proposed by Alexander Hamilton

Areas of agreement at the convention
Areas of Agreement at the Convention

  • Separation of Powers – there should be separate executive, legislative, & judicial branches of government

  • System of Checks & Balances – to ensure that no one branch gets more power than another

Areas of disagreement at the convention
Areas of Disagreement at the Convention

  • How will representation in Congress be counted?

    • Great or Connecticut Compromise

    • There will be a two-house congress (bicameral legislature)

    • One will be called the House of Representatives, which will be determined by population

    • Another will be called the Senate with two delegates per state

Pair share1
Pair & Share

What was the Three-Fifths Compromise, & why was it necessary?

Areas of disagreement at the convention1
Areas of Disagreement at the Convention

  • How shall slaves be counted for representation?

    • Each slave would count as 3/5ths of a person for determining representation

Areas of disagreement at the convention2
Areas of Disagreement at the Convention

  • What kind of executive should there be?

    • A single executive called a president chosen by electors

Pair share2
Pair & Share

Great Compromise

Creates a two-house Congress the House of Reps (population) & the Senate (equal)

Executive Compromise

There would be a single president that would serve a term of 4 years.

3/5ths Compromise

Every 5 slaves would count as 3 people in the population

Pair share3
Pair & Share

How is power divided under the federal system?

Primary source analysis
Primary Source Analysis

Annotate, Complete Questions & Document Analysis Worksheet

Pair share4
Pair & Share

Western farmers; those that wanted a bill of rights

Large landowners, merchants, & artisans; coastal farmers

A limited national government that included a bill of rights.

A strong national government with some power to the states.

Opposing groups form over ratification
Opposing Groups form over Ratification

  • Federalists led by Washington, Hamilton, & Madison favored ratification because they felt it was the best compromise possible.

  • Anti-federalists led by Patrick Henry were against ratification for the following reasons:

    • States were surrendering too much power to the national government

    • Voters did not have enough control over government officials

    • No Bill of Rights

The birth of political parties

Federalists (North)

Led by Alexander Hamilton

Beliefs in Government

Rule by rich and well educated

New government should favor merchants, manufacturers, and lawyers

Strong central government with a strong president

Favored industry

Wanted strong alliance with Britain

Centralized banking and create debt spending


Loose interpretation of the Constitution

Anti-Federalists (South)

Led by Thomas Jefferson

Beliefs in Government

Rule by everybody

New government should favor farmers, artisans, and poor classes

Weak central government, power given to the states to reflect individual interests

Favored agriculture and farming

Wanted strong alliance with France

Low taxes, small tariffs


Strict interpretation of the Constitution

The Birth of Political Parties

Who are you
Who are you?

Consider the times and these beliefs: What political party would you support? The Federalists or the Anti-Federalists? Explain your answer.

Political vocabulary
Political Vocabulary

  • Ratify: To agree to, To sign

  • Amend: To add to

  • Veto: To refuse to sign

  • Bill: Proposed law

  • Suffrage: Right to vote

  • Bicameral: Two house congress

  • Impeachment: Bring charges against a President

  • Cabinet: Advisors to the President

Ratification by the convention
Ratification by the Convention

  • Of the 55 delegates present, 13 left, 39 voted yes & 3 voted no.

  • In late September 1787 the U.S. Constitution went to the states for ratification

The federalist
The Federalist

  • The Federalists’ arguments for ratification were summarized in a collection of 85 essays written by James Madison, Alexander Hamilton, & John Jay under the joint name of Publius.

  • The essays explained how the new Constitution worked & why it was needed.

Ratification by the states
Ratification by the States

  • Delaware, Pennsylvania, & New Jersey were the first to ratify

  • Georgia & Connecticut followed by January 1788 & then Massachusetts, Maryland & South Carolina

  • New Hampshire became the ninth state to ratify making the Constitution the law of the land

  • Virginia, New York, & Rhode Island were last to ratify only after Madison & Hamilton promised to add a Bill of Rights

The u s constitution
The U.S. Constitution

  • Ratification of the U.S. Constitution created a Federal Republic, which is the description of our form of government with three levels (National, State, & Local) & ruled by the people through our vote

The american constitution
The American Constitution

  • Constitution divided into two parts

    • Articles--rights of government (7 Articles)

    • Amendments--rights of individual (27 Amendments)

Government structure

Articles I-III

Separates power into three branches of government

Art. I-Leg.; Art. II-Exec.; Art. III-Judic.

Articles IV-VII

Power of Law

Power of Constitution

Amendments I-X

Bill of Rights

Amendment XI-XII

Organization of Government

Amendment XIII-XV

Civil Rights Amendments

Slave Amendments

Amendments XVI-XIX

Progressive Amendments

Amendments XX-XXI

New Deal Amendments

Amendments XXII-XXVII

Great Society Amendments

Government Structure


Loose Interpretation”

A.K.A. “Loose Construction of Constitution”

Interpretation of Constitution must be flexible

People change, society changes, technology changes-->Constitution must adapt

What the Constitution doesn’t say EXPLICITY, the branches of government can do


“Strict Interpretation”

A.K.A. “Strict Construction of Constitution”

Constitution should remain the constant

The Constitution must be the measure of social, ethical, and moral change

Government can ONLY do what the Constitution EXPLICITLY says



Powers of the government
Powers of the Government

  • Delegated (Enumerated) Powers – listed in the constitution as powers of Congress such as taxes, borrowing money, & regulating trade

  • Reserved Powers – powers not granted to the national government are reserved automatically to the states such as education

  • Concurrent Powers – powers shared by national & state governments such as taxes, police forces, & court systems

Checks balances
Checks & Balances

  • Checks on Presidents

    • Power of impeachment by House of Reps

    • Trial of Impeachment by the Senate

    • Supreme Court Chief Justice serves as judge

    • 2/3rds vote of the Senate is needed to remove a President from office

Checks balances1
Checks & Balances

  • Checks on Congress

    • President can veto bills & call special sessions of Congress

Checks balances2
Checks & Balances

  • Checks on the Courts

    • Congress can impeach federal judges

    • President can appoint judges with consent of the Senate

Other important guarantees
Other Important Guarantees

  • Ex Post Facto – Congress cannot pass a law setting a penalty for an act that was not illegal at the time it was committed

  • Bills of Attainder – Congress cannot pass a law inflicting punishment on a person without a trial

  • Writ of Habeas Corpus – A person cannot be held in jail without being formally charged

  • Due Process of Law – steps in the arrest, trial, & conviction of a person

Flexibility of the constitution
Flexibility of the Constitution

  • Bills are introduced & can become Laws

  • Amendments – Requires a 2/3rds vote of Congress & a 3/4ths vote of the states – 27 changes

  • Elastic Clause – Article One, Section 8, Clause 18 states that Congress can make any other laws needed for the country

  • Judicial Review – Courts can interpret the law

  • “Unwritten Constitution”– allows practices of custom to continue

  • Admission of New States – Requires a 2/3rds vote by Congress & 3/4ths by the states

Bill of rights
Bill of Rights

  • Amendment I

    • Freedom of Speech & Press

      • Includes spoken & written word.

      • Can be limited by the Government due to libel, obscenity, fighting words, & speech inciting violence.

    • Freedom of Assembly

      • Right to picket & protest.

      • Cannot be forced to join a group.

    • Freedom of Religion

      • Can choose & practice any religion.

      • Separation of Church & State

      • Government cannot establish its own religion (Establishment Clause).

Bill of rights1
Bill of Rights

  • Amendment II

    • Right to Bear Arms

      • An individuals right or militia?

      • Government has permitted limitation of some rights.

  • Amendment III

    • Quartering of Troops

      • Provides an individuals right to own & protect property.

      • Does it include family lives & personal affairs?

Bill of rights2
Bill of Rights

  • Amendment IV

    • Unreasonable Search & Seizure

      • Limits police when investigating crimes & using illegally obtained evidence at trial.

      • Government has allowed for school searches.

  • Amendment V

    • Grand Jury Protection

      • Double Jeopardy – cannot be punished for the same crime twice.

      • Right against self-incrimination –“I plead the fifth”.

      • Due Process – Right to confront accusers.

      • Takings Clause – Governments right to take private property, but must provide just compensation.

Bill of rights3
Bill of Rights

  • Amendment VI

    • Right to a Jury Trial

      • Right for a case to be heard by an impartial jury.

    • Right to a Speedy Trial

    • Right to a Public Trial

    • Right to be informed of Criminal Charges

    • Right to Confront Witnesses

      • Allows for cross-examination & the jury to determine if the witness is truthful.

    • Right to Assistance of Counsel

      • Is not based upon ability to pay.

Bill of rights4
Bill of Rights

  • Amendment VII

    • Right to Jury Trial in Civil Cases

      • In Civil Cases the plaintiff is seeking money damages or stopping the defendant from engaging in certain conduct.

  • Amendment VIII

    • No Excessive Bail

      • The money paid by a defendant to be released from jail prior to trial cannot be excessive.

      • Does not eliminate a court’s right to not provide bail in certain cases.

    • Protection against Cruel & Unusual Punishment

      • Protects against disproportionate punishments.

      • Does not include the death penalty, only who is eligible.

Bill of rights5
Bill of Rights

  • Amendment IX

    • Unenumerated Rights

      • Individual rights cannot be denied even if they are not specifically listed in the constitution.

  • Amendment X

    • States’ Rights

      • Re-emphasized the balance of power between the National government & the states.

1791 the bill of rights then now
1791:The Bill of Rights, Then & Now

Read the article. Complete 5 Comprehension Questions & choose one of the three In-Depth Questions. In addition, complete the writing prompt to the right.