The First Attempt at Democracy

1. VUS5a The First Attempt at Democracy “Is it better to exchange rule by one tyrant living 3,000 miles away for rule by 3,000 tyrants living one mile away?”

2. As you view this slide show, keep these questions in mind. • How did America’s pre-Revolutionary relationship with England influence the structure of the first national government? • What weaknesses in the Articles of Confederation led to the effort to draft a new constitution?

3. During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles. • The first one FAILED!

4. American political leaders, fearful of a powerful central government like England’s, created the Articles of Confederation, adopted at the end of the Revolutionary war.

5. The leaders were fearful of a powerful government- they had seen their liberties crushed by the King. The first government was designed to be weak to prevent “tyranny”. Most power would be shared with states. Our First Attempt: The Articles of Confederation The signing of the Declaration of Independence proved that Americans were opposed to a powerful government.

6. No power to tax or regulate commerce No ability to create common currency Each state had one vote- regardless of size No executive branch or judicial branch Difficult to pass laws and impossible to amend Shared too much power with states The Articles Were WEAK!

7. “What a victory for our enemy to find we can not govern ourselves!” • The territory was too vast to govern with a weak government. • The economy was in terrible shape. • Small border fights were occurring between some states. • There was no standard currency. U.S. in 1790

8. OOPS! Time to try again: • A convention was called in 1787 to make necessary changes. • All states except Rhode Island sent delegates. What they created in the room above still works today!

9. VUS5b GIVE AND TAKE: Our Government Through Compromise

10. How did the delegates to the Constitutional Convention balance competing interests? What compromises needed to be made?

11. Key Leaders: George Washington • Washington presided at the Convention and, although seldom participating in the debates, lent his enormous prestige to the proceedings.

12. “Father of the Constitution” Key Leaders: James Madison • Virginian and a brilliant political philosopher, often led the debate and kept copious notes of the proceedings—the best record historians have of what transpired at the Constitutional Convention.

13. At the Convention, Madison authored the “Virginia Plan”, which proposed a federal government of three separate branches (legislative, executive, judicial) and became the foundation for the structure of the new government. He later authored much of the Bill of Rights. “Father of the Constitution” James Madison:

14. The first words of the Preamble to the Constitution prove our belief that the power to govern comes from the people! The Constitution of the United States of America established a government that shared power between the national government and state governments, protected the rights of states, and provided a system for orderly change through amendments to the Constitution itself.

15. Key Issues and Resolutions: • Made federal law the supreme law of the land (Supremacy Clause), but otherwise gave the states considerable leeway to govern themselves • Balanced power between large and small states by creating a Senate - where each state gets two senators, and a House of Representatives - with membership based on population (the “Great Compromise”)

16. Key Issues and Resolutions: • Placated the Southern states by counting the slaves as three-fifths of the population when determining representation in the U.S. House of Representatives (Three-fifths Compromise)

17. Key Issues and Resolutions: Avoided a too-powerful central government by establishing three co-equal branches (separation of powers) This table shows the division of governmental responsibilities. *Numerous Checks and Balances are the rules that prevent any one branch from becoming too powerful!

18. Key Issues and Resolutions: • The Constitution limited the powers of the federal government to those identified in the Constitution. • So that the government could adjust to changing times, an orderly method of changing the Constitution by adding amendments has been included.

19. VUS5c The Bill of Rights Our Protections - Our Liberties

20. The major principles of the Bill of Rights of the Constitution were based on earlier Virginia statutes!

21. Virginia’s Influence: • The major principles of the Constitution and the Bill of Rights Came from the Virginia Declaration of Rights • This outlined basic human rights which the government should not violate. Written by George Mason in 1776

22. Virginia’s Influence: • The Virginia Statute for Religious Freedom ended the practice of a government supported church • Separation of Church and State in Virginia • Written by Thomas Jefferson Separation of Church and State was very important to Jefferson

23. The Bill of Rights: • James Madison, a Virginian, consulted the Virginia Declaration of Rights and the Virginia Statute for Religious Freedom when drafting the amendments that eventually became the United States Bill of Rights. The first 10 amendments to the Constitution define rights that can not be taken away!

24. 1st- Freedom of religion, speech, press, assembly and petition 2nd- state militia - bare arms 3rd- quartering soldiers 4th- protections from unlawful searches and seizures 5th- grand jury indictment, double-jeopardy, self-incrimination and due process 6th- speedy and public trial, jury trial, legal counsel and confront witnesses 7th- jury trial in civil cases 8th- cruel and unusual punishment 9th- enumeration of rights 10th- Federalism (powers not delegated to U.S. or denied to states belong to states or the people) Our Essential Liberties:

25. The Constitution and the Bill of Rights are the rules that the government must follow.This framework limits the power of the government- and effectively protects the liberties of the people!

26. VUS5e John Marshall How did Chief Justice John Marshall, a Virginian, contribute to the growth of the U.S. Supreme Court’s importance in relation to the other branches of government?

27. Important legal precedents established by the Marshall Court strengthened the role of the U.S. Supreme Court as an equal branch of the national government.

28. Marbury v Madison (1803): • Established the doctrine of Judicial Review • The first time the court declared a law or act of government unconstitutional • This secured judicial review as a powerful tool for checks and balances. In this case, Marbury sued Madison for an appointment as a federal judge. It was the first time the court declared a law “unconstitutional”.

29. McCulloch v. Maryland (1819) • This established the doctrine of implied powers for the federal government – the formation of the National Bank. • Powers that seem “necessary and proper” as related to specific powers granted in the Constitution are supported. • Specifically in this case, the different levels of government are not permitted to tax the other levels of government.

30. Gibbons v. Ogden (1824) • The court ruled on interstate commerce. • Established the court’s authority to mediate disagreements between branches of government, levels of government, and competing business interests. This case involved competing claims of rival steam ship companies on the Hudson River.

31. The decisions of the John Marshall Court helped to strengthen the power of the national government, while defining the judiciary as an equal branch!