What is a constitution?(not the U.S. Constitution)

A set of principles and laws that states the powers and duties of a

government

Articles of Confederation• New (first) national constitution• Drafted by one member from each of the original

thirteen colonies• Established the guidelines of a formal national

government that would work with state government• Based on principles from these past governing

documents: – Magna Carta– English Bill of Rights– Mayflower Compact– Declaration of Independence– state constitutions– Virginia Statute for Religious Freedom

Read Founding a Nation: p158-170Answer Questions 1-3

Poster: A)Basics – who, where, whenB) What did the Articles of

Confederation say?Chart - Strengths? Weaknesses?

Articles of Confederation

• Single branch of national government (Congress)– no president– no national court system

• Each state had one vote in Congress• Ratified (approved) in 1781

Articles of ConfederationWhat could Congress do?

• Settle conflicts among the states• Issue coins• Borrow money (foreign countries)• Make treaties (countries/Native Americans)• Ask states for money and soldiers

Articles of Confederation

Strengths (+)• To declare war and make

peace• To coin and borrow money• To engage with foreign

countries and sign treaties

Weaknesses (-)• Most power held by the states

– National government could not force states to obey laws

• Single branch of government• No system of checks and

balances• No executive branch (enforce

laws)• No judicial branch (interpret

laws)• No power to tax• No power to regulate

commerce between states

What Constitutional Convention?

Why was it needed?

Constitutional Convention

• May 1787• Philadelphia, PA• President of convention: George Washington• Goal: improve the Articles of Confederation– Result – an entirely new constitution (U.S.

Constitution)• Ratification: December 7, 1787 (DE); May

1790 (RI)

Virginia Plan(missteps along the way…)

• VA – big or little state?• Edmund Randolph• Proposed an all-powerful central government

Bi-cameral legislature (two houses) w/ representatives based on state population

• Who would appear to have more power in a system like this?

• Who is likely to disapprove this plan?

New Jersey Plan(missteps along the way…)

• William Patterson• Unicameral legislature – one-house w/ an equal

number of representatives from each state

Federal government could tax citizens in all states

Federal government could regulate interstate commerce

• What size state do you think proposed this plan? Why?

Great Compromise worksheet

Great Compromise

• Roger Sherman• Bicameral legislature– Senate (upper house); two representatives per

state regardless of size (appealing to the smaller

states)– House of Representatives (lower house); the

number of representatives would be determined

by state population (appealing to the LARGER states)

What does the rest of the U.S. Constitution say?

Seven Articles of the U.S. Constitution

1. Creates the Legislative branch and gives Congress the power to make laws

Bicameral Legislature Senate House of Representatives

2. Creates the Executive branch Explains how the President carries out the laws passed by

Congress

3. Creates the Judicial branch Federal Court System

Supreme Court, District Court, Circuit Court, Court of Appeals Right to hear cases that involve the Constitution, federal laws,

treaties, disagreements between states, states and foreign nations

Seven Articles of the U.S. Constitution

4. Relations Among the States Each state must recognize the official acts of

other states

5. Amending the Constitution Constitution can be changed if necessary

6. National Supremacy National government trumps (outweighs) state

power/law

Seven Articles of the U.S. Constitution

7. Ratification Must require nine states to ratify the

Constitution (applied at the time of only thirteen states)

U.S. ConstitutionWhat concerns (from the A of C) did it address?

What are its strengths?

• Most power held by national government• Three branches of government• Legislative branch (make laws)• Executive branch (enforce laws)• Judicial branch (interpret laws)• System of checks and balances

To whom does the

U.S. Constitutio

n apply?

Slavery nor slave are written anywhere in the Constitution

“free Persons” and “all other Persons”

Three-Fifths Compromise• How should enslaved African Americans be counted

in terms of state population?• Southern delegates wanted the enslaved to be

counted as that would mean a larger state population, more representatives in the lower house and therefore greater voting power in the House

• Northern delegates disagreed (didn’t want to lose voting power in Congress)

• After debate:– Three-Fifths Compromise is accepted

• 3/5 of a state’s slave population would be counted when determining state population

Players

George Mason

James Madison

Patrick Henry

Benjamin Franklin

George Washington

Roger Sherman

Alexander Hamilton

Players

Federalists• Supporters of the US

Constitution• Believed in a stronger

central government• Provided a good balance of

power

Antifederalists• People who opposed the US

Constitution• Too much power to the

central government• Concerned with the limited

guarantee of individual rights

Federal Government = National Government = Central Government

“The proposed…government, is well calculated (planned) to secure the liberties, protect the property and guard the rights of the citizens of America.”

“It appears that the government will fall into the hands of the few and the great.”

1. Trace Founding Fathers

2. Write facts about your founding father in their body-shape

3. Visit each founding father and write down interesting and important facts

4. Specifically note which facts reflect their opinion of the U.S. government/Constitution

PlayersFederalists

Antifederalists

George Mason

James MadisonPatrick Henry

Benjamin Franklin George Washington

Roger ShermanAlexander Hamilton

Write a paper.

How many of you are comfortable with that assignment as it was stated?

Write down any questions you may have about the assignment.

How many of you need to know MORE?

Same applies to the U.S. Constitution

Not everyone was satisfied with the ratified version. Many wanted specific

individual rights written out in plain language (not assumed).

Bill of Rights

Amendments

• Changes to the Constitution• Article V (of the U.S. Constitution)– Provided a way to change the document when

necessary to reflect the will of the people– Amendments must be approved by 2/3 majority of

both houses and ratified by 3/4 of the states

Bill of Rights

• Delegates took ideas from past grievances (abuses by the King)

• Created to protect citizens’ individual rights

Bill of Rights• Amendment I• Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Freedom of speech; right to protest/petition; disagree with the government; freedom to exercise religion

Bill of Rights• Amendment II• A well regulated Militia being necessary to the

security of a free State, the right of the people to keep and bear Arms shall not be infringed.

Right to bear arms (weapons) in a household

Bill of Rights• Amendment III• No Soldier shall, in time of peace be quartered

in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Citizens can not be forced to house soldiers

Bill of Rights• Amendment IV• The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

You nor your property can be searched or seized without a warrant issued by a court

Bill of Rights• Amendment V• No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Protects the rights of the accusedPlead the fifth – do not have to be a witness against yourselfDouble jeopardy - can not be tried for the same crime twice

Bill of Rights• Amendment VI• In all criminal prosecutions, the accused shall enjoy the

right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

The accused has the right to a fair and speedy trial by a jury of his peers (impartial)

Bill of Rights• Amendment VII• In suits at common law, where the value in

controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Common law – rules established by judges in past cases (precedent)If a lawsuit is being sought after for more than $20, there is the right to a jury trial

Bill of Rights• Amendment VIII• Excessive bail shall not be required, nor

excessive fines imposed, nor cruel and unusual punishments inflicted.

Bail – money the accused leaves with the court as a pledge to appear for trial.

Excessive – too highForbids courts to set bail unreasonably high

Bill of Rights• Amendment IX• The enumeration in the Constitution, of

certain rights, shall not be construed to deny or disparage others retained by the people.

People have rights not listed in the Constitution. This Bill of Rights does not limit the rights of people to just those listed.

Bill of Rights• Amendment X• The powers not delegated to the United States

by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Limits the power of the federal governmentPowers not specifically given to the federal government belong to the states (powers given to the state governments are not listed in the Constitution)