Constitutional Era

1. Constitutional Era Pages 5… We have our own country! Now what?

2. 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

3. 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.

4. State Constitutions Each state had its own constitution Believed 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

6. Northwest Territory Had to decide what to do with the new land given to them Needed to raise money to pay for war debts Land Ordinance of 1785 – system for surveying and dividing up public territory. Split into townships of 36 square miles They sold this land to the public

7. Northwest Territory cont’ Northwest Ordinance of 1787 (Freedom Ordinance) Created the Northwest Territory When population reached 60,000 settlers could draft their own constitution Also required that public education be provided for the citizens in the region.

8. Problems with the new nation. Trade with Britain High taxes on exports, but their goods are coming in freely Unequal trade=bad economy Spanish officials closed the lower Mississippi

9. Problems with the Articles of Confederation Strengths States’ rights (results of strong fear of a tyrannical leader) Confederation of states with equal voice in Congress Congress had power to make war and peace, sign treaties, raise an army and navy, print money and set up a postal service

10. Problems with the Articles of Confederation cont’ Weaknesses No 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)

11. 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

12. 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.( 8.15B)

13. 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

14. Changing the Articles of Confederation Also influenced by the Enlightenment period – writers like John Locke Legislative assemblies – House of Burgesses Christian traditions from Great Awakening Fundamental Orders of Connecticut – first written constitution

15. 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

16. Issues of the Constitutional Convention (8.4D) Issue– Representation in the legislature Virginia Plan (8.21C) – Large state plan that proposed representation based on population size. This included a plan for separation of powers – Executive, Judicial, Legislature New Jersey Plan(8.21C) – Small state plan that proposed equal representation among all states

17. Issues of the Constitutional Convention (8.4D) Compromise – Great Compromise(8.21C) – Constitution resulted in a two-house legislatures (bicameral) with House of Representatives based on population and the Senate maintaining equal representation from all states.

18. Issues of the Constitutional Convention (8.4D) Issue – How slaves should be counted regarding population and taxation. North – didn’t want them counted South – wanted all counted Compromise Three Fifths Compromise(8.1A Readiness)- 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.

19. Principles of the Constitution Republicanism– A philosophy of limited government Elected representatives serve at the will of the people Government is based on the consent of the governed.

20. 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.

21. 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 states To the federal government Shared

23. 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. Constitution Makes the laws

24. 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

25. Principles of the Constitution Separation of Powers Judicial 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

27. 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.

29. 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.

30. 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.

31. The Constitution We have all the principles, now what? Approval?

32. 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.

33. Ratification of Constitution Arguments for and against Ratification Anti-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)

34. 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

35. Amending the Constitution 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

36. 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

37. Bill of Rights 1st– Freedom of speech, press, religion and assembly 2nd – Bear arms 3rd – No quartering troops during times of peace 4th – 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 trial 7th – Right to trial by jury in civil trials 8th – Right not to have excessive bail and/or punishment 9th – Rights of the people 10th – Rights left to the states to decide

38. 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

39. 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

40. 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

41. 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

42. Development of Religious Freedom (8.25A) 1620-1691 – Plymouth Colony – self-governing church each congregation independent and electing its own pastor and offices 17th Century – Massachusetts Bay Colony – churches fairly democratic in that they elected ministers and other officials, church closely tied with state government February 1631 – Rhode Island Roger Williams founded Rhode Island and separated church and state

43. Development of Religious Freedom (8.25A) 1681-1776- Pennsylvania Penn’s Frames of Government guaranteed religious freedom to all settlers 1689 – Maryland founded as haven for Catholics Toleration Acts – protected religious practice for Catholics. 1789 – Bill of Rights guaranteed freedom of religion freedom from government interference