The U.S. Constitution and the Bill of Rights

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Chapter 5

• The U.S. Constitution and the Bill of Rights

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What style of government did Americans favor?

• Democracy- people have the right to govern
  themselves.
• Republic- a government in which the people elect
  representatives to govern
• Republicanism- idea that governments should be
  based on the consent of the people.

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What were the state constitutions like?

• Written set of laws.
• Limited power of government
• Guaranteed rights of citizens such as freedom of
  speech, religion, and the press.
• States constitutions differed from one another.

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What issues did the Continental Congress face?

• 3 issues
• 1. How much representation should each state
  have in the federal government?
• 2. How would the states and federal government
  share power?
• 3. How should the federal government govern land
  west of the Appalachians?

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What was the Articles of Confederation (1781-1787)

• First form of federal government.
• Unicameral legislature with each state getting
  equal representation.
• No Executive (president)
• No judicial branch
• No power to tax
• Ineffective form of government.

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What was passed to settle the territories beyond
the Appalachians?

• Land Ordinance of 1785- Federal government
  surveyed the land and sold it to settlers at
  affordable prices.

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Northwest Ordinance of 1787

• organized land into territories and developed a
  process for statehood

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What were the weaknesses of the Articles of
Confederation?

• Little to unify the country
• Larger states felt they were not represented on
  the federal level fairly.
• No power to tax
• Trouble with foreign nations (Britain and Spain)
• Lacked uniform currency
• No executive or judicial power

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What was Shays Rebellion (1787)?

• Showed the Articles of Confederation was weak and
  ineffective.
• Group of Massachusetts farmers revolted against
  the state because of high taxes.
• Protesters led by Daniel Shays fought the state
  militia.

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Who was James Madison?

• Father of the Constitution
• Author of the Virginia Plan
• Author of the U.S. Bill of Rights

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What was the Virginia Declaration of Rights?

• Written by George Mason in 1776.
• Many statements used in the Declaration of
  Independence and Madison used many ideas later in
  the U.S. Bill of Rights.

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What was the Virginia Statute of Religious
Freedom?

• Written by Thomas Jefferson (1779)
• Government cannot interfere with practice of
  religion
• Basis for the 1st Amendment.

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What was the Great Compromise?

• Addressed the question of how states were
  represented at the federal government.
• Virginia Plan states represented by population.
• New Jersey Planstates represented equally.
• Great Compromise by Roger Sherman-bicameral
  legislature called Congress (House of
  Representatives by population and Senate- 2 per
  state.

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What was the 3/5 Compromise?

• Addressed the issue of representation and
  taxation of slaves as property.
• Every 5 slaves was equal to 3 free persons for
  representation in Congress.

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What is federalism?

• Division of powers between state and federal
  government.
• Delegated federal powers
• Reserved state powers
• Concurrent shared powers

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Under the Constitution, what were the 3 branches
of government?

• Legislative- makes the laws (U.S. Congress made
  up of 2 houses- House of Representatives and
  Senate)
• Executive- enforces the laws (President and the
  Cabinet)
• Judicial- interprets the laws (Supreme Court)

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What are checks and balances?

• Ensures that one branch of government is not too
  powerful.
• All 3 branches check one another.

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What is the electoral college?

• Each state has a number of electors equal to the
  number of members in Congress for Presidential
  elections.
• This was put in place so average people would not
  have too much power.
• Many think today we have moved passed the
  electoral college.

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What is ratification?

• Official approval of the state to accept the
  Constitution.
• In order for an amendment to pass 9 out of 13
  states had to agree.
• George Washington- Chairman of the Constitutional
  Convention.

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Who were the Federalists?

• George Washington, John Jay, James Madison, and
  Alexander Hamilton.
• Thought that people could not be trusted.
• Did not need a U.S. Bill of Rights because states
  have own constitutions.
• Federalist Papers- written to support
  Constitution (Hamilton, Jay, and Madison.

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Who were Anti-Federalists?

• Mostly rural America, farmers.
• Led by Patrick Henry, Thomas Jefferson, and Sam
  Adams.
• Wanted a U.S. Bill of Rights
• States rights
• Richard Henry Lee- Letters from a Federal Farmer,
  basic rights should be protected.

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What was the Bill of Rights?

• First ten amendments added to the Constitution.
  (Anti-Federalists wanted this!)
• Written by James Madison

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1st Amendment

• Protects freedom of religion, press, speech,
  right to assembly, and right to petition the
  government.
• Many court cases are about this amendment and its
  protections.

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2nd Amendment

• Right to bear arms (weapons)
• Controversial amendment
• Debated often be NRA and gun rights activists.

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3rd Amendment

• No quartering of soldiers in peacetime.

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4th Amendment

• Protection and against unreasonable searches and
  seizures.
• Need warrant or probable cause

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5th Amendment

• Criminal rights
• No double jeopardy
• Indicted by grand jury
• Dont have to testify against yourself (plead the
  5th)
• Eminent domain

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6th Amendment

• Criminal rights
• Trial by Jury
• Speedy and public trial
• Able to confront witnesses
• Right to an attorney

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7th Amendment

• Trial by jury in civil court cases (money
  decisions, not criminal)

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8th Amendment

• No cruel or unusual punishment and no excessive
  fines or bail.
• The death penalty is debated under this amendment.

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9th Amendment

• Any rights not in specifically denied in the
  Constitution are given to the people.
• Example Right to privacy (Example legalization
  of abortion both 9th and 14th)

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10th Amendment

• 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.