A Look at the ConstitutionLeading up to

CreatingOutlining

Enlightenment

The Revolution was taking place during a time called the Enlightenment. › Challenge traditional ideals› Took root in US colonies and became

dominant political and philosophical thought Reason Natural Law Progress Liberty Toleration

Articles of Confederation

“Firm league of friendship” with each state retaining “its sovereignty, freedom, and independence.”

Main problems:› No power to levy taxes› No executive or judicial branch› Could not regulate trade or promote

commerce; no central currency (no central economy)

› Amendments had to be unanimous

Pushing over the Edge

Shays’s Rebellion› Massachusetts farmers were losing land

because they could not pay their debts with hard currency

› Demanded relief and wider circulation of paper money but were denied

› Farmers forced judges to close their courts› Scared leaders into calling for a meeting to

correct some fundamental problems

National Assembly

12 states sent delegation to Philadelphia› Rhode Island refused

55 delegates “sole and express purpose” of revising the

Articles of Confederation› One week in they started a whole new Constitution

Shared Ideas› Human Nature› Political Conflict› Purpose of Government› Nature of Government

Great Compromise(Connecticut Plan)

Biggest debate was over representation (surprise!)› Gave us bicameral legislature› House = population representation› Senate = equal represenatation

Virginia Plan› Bicameral legislature based on representation› The House selected the Senate. Both houses

selected the President and Judges New Jersey Plan

› Unicameral – each state had equal representatives

3/5th Compromise

“free persons” and “3/5th of all other persons” should be counted for representation AND taxation

13th amendment eliminated the compromise Southern Position

› Owned 90% of slaves, making up 30% of population

Northern Position› Some had moral opposition to slavery› Most saw slaves as property – why not count

cattle and horses?

The Preamble

1. Fix problems with Articles while maintaining purpose of Declaration

2. Includes six goals of government:“form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.”

Article I – Legislative Branch

-Congress is given leaders, organization, and 17 duties

Contains the Elastic ClauseCongress is given instructions to “make all Laws which shall be necessary and proper”

Article I is lengthy, and Congress has adopted many practices that are not contained in the Article.Ex. Committee systems

Section 9: Writ of Habeas Corpus- People cannot be held without being able to answer to charges, unless public safety requires it.

Article II – Executive Branch

Article describes the process known as the Electoral College** Most of this section was amended by the 12th AmendmentDiscusses the Powers of the President (3)A. Command the militaryB. Deal with Foreign NationsC. Pick Heads of Departments

Article III – Judicial Branch

Federal Court system is established with lower courts if needed. Judges’ salaries are guaranteed.Carefully defines treason.

Article IV – State Powers

States must give various laws of other states “Full Faith and Credit.”

Ex. Gay Marriage; Extradition for the Death Penalty

States are guaranteed protection by Congress, but President can step in if Legislature cannot be convened.

Ex. Lincoln suspended Habeas Corpus in Maryland

Article V – Amending the Constitution

States that amendments may be proposed in two ways

A. 2/3 votes by each house of CongressB. 2/3 of states legislatures can request that

Congress can call for a national convention

*** No amendments have been passed by the second method.

Article VI – Supremacy

“The Supremacy Clause”Meaning: Establishes the Constitution as the supreme law of the land

Government must also: Honor prior debts of the nation Government leaders don’t have to

make religious oaths

Article VII - Ratification

9 of the 13 states ratified the Constitution in 1788

Waited for Virginia and New York to hold state elections. Once ratified it went into effect.

North Carolina reversed its decision and ratified in 1789.

Rhode Island, the one state that did not ratify, finally did in 1791.

The Bill of Rights

Anti-Federalists fought the ratification of the Constitution – the major sticking point was the lack of clear limits to federal power.

Federalist agreed to the Bill of Rights once the new Congress was formed in 1789.

Amendment #1: Freedom of Speech, Press, Assembly, Petition, and Religion

Amendment #2: Right to Bare Arms

Amendment #3: Protection from Quartering Troops

Amendment #4: Protection from Unreasonable Search and Seizure

Amendment #5: Due Process, Self-Incrimination, and Double Jeopardy

Amendment #6: Right to a Speedy and Public Trial

Amendment #7: Right to a Trial by Jury

Amendment #8: Protection against Cruel and Unusual Punishment/Excessive Bail

Amendment #9: Rights Protected by the Constitution

Amendment #10: States Rights over Federal Rights (Reserved Powers)