Attempts to Form A New Nation

1. Attempts to Form A New Nation The Articles of Confederation & the U.S. Constitution

2. 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.

3. AOC Pair & Share Led the nation during the Revolutionary war Land Ordinance of 1785 Negotiated trade treaties with other nations Northwest Ordinance of 1787

4. 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.

5. AOC Pair & Share What do you think was the most serious flaw of the Articles of Confederation? Explain.

6. 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?

7. 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

8. 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

9. 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.

10. Pair & Share

11. 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

12. 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

13. 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

14. 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

15. Pair & Share What was the Three-Fifths Compromise, & why was it necessary?

16. 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

17. Areas of Disagreement at the Convention • What kind of executive should there be? • A single executive called a president chosen by electors

18. 538 Electoral Votes 270 Needed to Win

19. 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

20. Assignment

21. Pair & Share How is power divided under the federal system?

22. Primary Source Analysis Annotate, Complete Questions & Document Analysis Worksheet

23. 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.

24. 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

25. 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 Cynical 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 Idealistic Strict interpretation of the Constitution The Birth of Political Parties

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

27. 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

28. 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

29. 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.

30. 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

31. 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

32. The American Constitution • Constitution divided into two parts • Articles--rights of government (7 Articles) • Amendments--rights of individual (27 Amendments)

33. 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

34. Refer to Branches of Government Powerpoint

35. “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 “Federalists”“Liberals” “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 “Anti-Federalists”“Conservatives” Interpretation

36. 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

37. Powers of the Federal Government

38. System of Checks & Balances

39. 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

40. Checks & Balances • Checks on Congress • President can veto bills & call special sessions of Congress

41. Checks & Balances • Checks on the Courts • Congress can impeach federal judges • President can appoint judges with consent of the Senate

42. 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

43. 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

44. How a Bill becomes a Law

45. Federal Court System

46. Amending the Constitution

47. 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).

48. 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?

49. 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.

50. 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.