Confederation to Constitution

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Confederation to Constitution

• 1776-1791

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What Do You Think?

• What will be your main goal in creating a new
  government?
• How will you get people at the convention to
  agree on important issues?
• How do you, your friends, and families make
  decisions?

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What Do You Think?

• Think about meetings you have attended
• How were those meetings conducted?
• Did everyone agree on decisions made at the
  meeting?
• How did those people who presided over the
  meeting make sure everyone had a chance to
  express his or her own views on a topic?

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Timeline p. 203

• During the 1780s, large areas of the world were
  still dominated by colonial powers such as Great
  Britain, Spain, and France
• The young United States faced threats from
  outside powers and tensions at home over
  difficult issues like slavery and the role of
  government

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Do Now

• Take out Shays Rebellion homework
• In your notebook, answer
• What was significant about Shays Rebellion?
• What recent event does it remind you of?

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Do Now

• Turn in test corrections (just the corrections
  not the test, hold onto the test for final exam)
  Take out Articles handout from yesterday
• Answer in your notes
• Given what happened with Shayss Rebellion, why
  did leaders of the states want a strong national
  government?
• What are the pros and cons of a strong national
  government for a new United States?
• No homework if classwork done

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Do Now Democratic Ideals

• Write down homework
• Why do you think the states wanted to form any
  national government at all?
• Why didnt the states simply remain 13
  independent nations?
• Given their experience struggling against the
  British, what concerns did many Americans have
  about forming a new national government?

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13 or 1?

• Much of the world in the late 1700s dominated by
  powerful empires
• Many Americans feared that each state would be
  too weak on its own to defend itself against
  foreign domination
• Together, states could more successfully from
  foreign military or economic threats
• Struggled to determine what form their national
  government should take and how powerful it should
  be

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Moving West

• Wilderness Road trail into Kentucky that Daniel
  Boone helped build
• Tensions between Native Americans and settlers,
  100,000 Americans live west by 1790s
• Pioneers Conquering the Wilderness
  (unitedstreaming) (312)

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New State Governments

• Wanted to take colonial governments and make them
  more democratic
• Some states experimented with different branches,
  others will bill of rights (modeled on English
  Bill of Rights (1689)
• All had republican form of government people
  choose representatives to govern

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Articles of Confederation

• Final plan of Continental Congress was called the
  Articles of Confederation
• National government under Articles had limited
  powers, Americans afraid of strong government
• National government run by Confederation
  Congress, each state with one vote

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Articles of Confederation

• National government with power to wage war, make
  peace, sign treaties, issue money
• States with more power, set taxes, enforce
  national law
• Proposed to leave land west of Appalachian
  Mountains in control of states

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Articles of Confederation

• Continental Congress passed Articles in November
  1777
• All states ratified by 1781 after decided to
  place western lands under control of national
  government
• United States now with official government

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Articles of Confederation

• Successes
• Governed nation during Revolutionary War
• Negotiated the Treaty of Paris
• Passed the Law Ordinance of 1785
• Passes the Northwest Ordinance (1787)

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Articles of Confederation

• Failures
• Lacked power to enforce laws
• Lacked power to levy taxes
• Lacked power to regulate trade among the states
• Required all thirteen states to approve changes
  to the Articles

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Articles of Confederation
States National Govt
Set Taxes Wage war
Enforce laws Make peace
Control western lands Sign treaties
Have one vote in Congress Issue Money
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Articles of Confederation

• United Streaming videos

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Northwest Ordinance

• Critical question of how to deal with western
  lands
• Land Ordinance of 1785 called for surveyors to
  stake out six mile square plots called townships
  in Western lands
• These lands became known as the Northwest
  Territory
• Northwest Territory became states of Ohio,
  Indiana, Michigan, Illinois, Wisconsin, and part
  of Minnesota

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Northwest Ordinance (1787)

• When a territory had 5,000 free males in an area,
  men who owned at least 50 acres could elect an
  assembly
• When there were 60,000 people, they could apply
  to become a new state
• Stated that in Northwest Territory slavery
  outlawed, rivers open to navigation by all,
  freedom of religion and trial by jury guaranteed
• set the pattern for orderly growth of the U.S.

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Northwest Ordinance

• United Streaming Confed to Constitution To The
  Mississippi Westward Expansion and the Northwest
  Ordinance of 1787 (0239)
• Northwest Ordinance game http//athena.esu16.org/
  visual/projects07/pdf/Northwest20Ordiance20of20
  1787.isf.pdf

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Weaknesses of the Articles of Confederation

• Debt a critical problem for the government,
  Congress had borrowed a lot to fight the war
• Much of it owed to soldiers, threaten Congress in
  1783 and force them to flee
• Did not have the power to tax, depended on states
  to send money, they sent little
• Economy poor throughout the nation

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Shays Rebellion

• In mid-1780s, Massachusetts and other states
  faced economic problems, continued to levy high
  taxes
• Average family owed 200 in taxes a year, more
  than most farmers made
• If could not repay debt, property auctioned off,
  debtor jailed if money still owed
• Farmers asked Massachusetts legislature for debt
  relief, they refused

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Shayss Rebellion

• One leader of the rebellious farmers was a
  Revolutionary War veteran Daniel Shays, led a
  group of 1,500 men
• In January 1787, Shays and his men marched on a
  federal arsenal (a place to store weapons)
• 900 state militia defeated Shayss Rebellion

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Shayss Rebellion

• Farmers earned sympathy of many people, showed
  problems of working class
• Many are Revolutionary War veterans, now
  oppressed by their new government
• Americas leaders, typically wealthy merchant
  class, fear armed rebellion by common man
• Some leaders realized that a stronger national
  government was needed, both to raise more money
  and defend its interests

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Thomas Jefferson

• Author of the Declaration of Independence, unlike
  other leaders, not alarmed by Shayss Rebellion
• I hold it that a little rebellion now and then
  is a good thing the of liberty must be refreshed
  from time to time with the blood of patriots and
  tyrants. It is its natural manure.

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Shays Rebellion

• Howard Zinn, Peoples History

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Punishing the Rebels

• Sentences of Shays and his followers
  controversial
• After about a dozen rebels sentenced to death,
  sheriff of Pittsfield found a note on his door
• he that condemns and he that executes shall
  share alike
• Two of the rebels hanged for looting, all others
  including Shays pardoned

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Articles of Confederation

• United Streaming Confed to Constitution
• America After the Revolution The Roots of
  Democracy (0052) The Articles of
  Confederation 1781-1788 (0126)

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Do Now

• Take out 8.2 hw for me to check
• Write down tonights hw
• Class go over hw, Shays, notes, activity
• In your notes, answer
• How were checks and balances designed to limit
  the power of government? How does this relate to
  branches of government (executive, legislative,
  and judicial)?

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1. Which state would have the greatest interest in
   having slaves counted as part of their population
   for purposes of representation?
2. Why did the North and the South have differing
   opinions on whether or not slaves should be
   counted as part of a slaves population?

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Comparing Plans for Govt
Virginia Plan New Jersey Plan
Legislative Branch Two (branches) representation determined by state population or wealth Lower House elected by the people Upper House elected by lower house One house one vote for each state, regardless of size Elected by state legislatures
Executive Branch Appointed by Legislature Appointed by Legislature
Judicial Branch Appointed by Legislature Appointed by Executive
Which plan appealed more to smaller states?
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8.2 HW

• Constitutional Convention meeting in
  Philadelphia of 55 delegates with the goal of
  creating a new national government
• Founders along with other leaders, delegates
  called Founders or Founding Fathers (Thomas
  Jefferson, John Adams not present)
• James Madison took detailed notes, contributed
  greatly to the Constitution, promoted the
  Virginia Plan, strong government, Father of the
  Constitution

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8.2 HW

• Legislative branch branch of government that
  would create laws (House of Representatives,
  Senate)
• Virginia Plan proposal for government with three
  branches (executive to enforce laws, judicial to
  interpret laws and legislative to make laws)

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8.2 HW

• Checks and balances way of controlling the power
  of government, in certain circumstances, each
  branch could check the power of the other
  branches
• New Jersey Plan single house congress in which
  each state had an equal vote, supported by
  smaller states

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8.2 HW

• Great Compromise to satisfy the smaller states,
  each state with equal number of votes in the
  Senate for larger state votes in House of
  Representatives based on population three
  branches of government
• Executive branch enforces the law
• Judicial branch interprets the law

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8.2 HW

• Three-Fifths Compromise three-fifths of the
  slave population of a state would count towards
  representation in the legislative branch and for
  taxation
• 3. What was the relationship between the
  Annapolis Convention and the Constitutional
  Convention? Delegates to the Annapolis Convention
  wanted to create national trade laws, which led
  to the call for a national convention.

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8.2 HW

• 4.Why did the Virginia delegates insist that the
  new government have three branches? They wanted a
  government strong enough to protect peoples
  rights, but not so strong that it would oppress
  the people. Each of the three branches would
  limit, or check, the power of the others.
• 5. Under the Three-Fifths Compromise, how would
  each states population be decided? By counting
  the total free population plus three-fifths of
  the slave population.

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Constitutional Convention

• In 1786, states wanted to improve trade with one
  another, but states placed high taxes on goods
  from other states
• Would require changing Articles of Confederation
• Urge for change also brought about by Shayss
  Rebellion

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Constitutional Convention

• 55 delegates sent to Constitutional Convention in
  Philadelphia
• Later called Founding Fathers of U.S.
• Impressive group including Washington, Franklin,
  James Madison
• an assembly of demigods, Jefferson
• Did not include women, Native Americans, African
  Americans, or poor whites

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Do Now

• Turn in your letter or pictures on the Virginia
  Plan/NJ Plan/Great Compromise/ Three-Fifths
  Compromise (homework)
• Write down tonights hw
• What was the purpose of the Constitutional
  Convention?
• What was the most important decision made by this
  group?

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Independence Hall, Philadelphia
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Constitutional Convention

• Challenge how to set up a strong, but limited
  federal government
• Washington elected president of the convention,
  most respected American
• To be able to freely debate, change minds, avoid
  pressured politics, sessions in secret

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Do Now

• Take out 8.3 homework
• In your notes, write/design a bumper sticker for
  either Federalists or Antifederalists while I
  check hw

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8.3 Homework

• Antifederalists, federalism, Federalists, The
  Federalist papers, Bill of Rights
• 3. What arguments did the Federalists use to
  convince people to support the Constitution? What
  arguments did the Antifederalists use against
  them?
• In your own words, compare the views of the
  Federalists and Antifederalists.

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Virginia Plan

• Legislative, executive, and judiciary parts of
  government
• Legislature with two houses number per state to
  depend upon population or wealth
• Legislature with power to tax, regulate commerce,
  and make laws
• Supported by larger states, would give them
  greater representation
• Opposed by small states, fear domination

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New Jersey Plan

• Legislature with one house, each state with one
  vote
• Legislature with power to regulate trade and
  raise money by taxing foreign goods, did not
  offer broad powers of Virginia Plan
• Virginia Plan won debate

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Do Now

• Take out James Madison homework
• What was the Great Compromise?
• Why did the founders want to divide government
  into three branches rather than just one?
• Debate tomorrow (Federalists vs.
  Antifederalists), Review Friday for Chapter 8
  test on Monday

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Senate 2 per state regardless of size House
number of reps. Depends on population
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Great Compromise

• To satisfy small states, each state with equal
  votes in Senate
• To satisfy larger states, representation in House
  of Representatives according to population

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Slavery The Constitution

• Southern states wanted to count slaves, Northern
  states argued slaves not citizens, not counted
  for population but for taxes
• Three-Fifths Compromise 3/5 of slave population
  counted towards taxes on states and determining
  representation
• Fierce debate on slave trade
• Compromise Congress could not ban slave trade
  until 1808
• Slavery issue fatal weakness of founding

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Regulating Trade

• Native Americans not part of states or considered
  foreign countries
• To satisfy South, exports not taxed
• Few restrictions on regulating trade

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Activity

• With your group
• Look over the article and answer the questions
• Come up with an image and way to describe your
  topic to the class
• If you finish ahead of other groups, work
  together on the homework

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Skit

• Write a scene in which the founding fathers are
  debating the Virginia Plan, New Jersey Plan,
  Great Compromise, and the Three-Fifths Compromise
• William Patterson suggests NJ Plan Madison the
  Virginia Plan Roger Sherman of CT, the Great
  Compromise

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Ratifying the Constitution

• January 1788, in a church in Hartford, CT, 168
  delegates meeting to decide whether or not to
  ratify the U.S. Constitution
• Controversial, issue of states rights
• Federalism system of government in which power
  is shared between the central or federal
  government and the states
• Federalists supported the Constitution

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Antifederalists

• Opposed to the Constitution, thought it took away
  too much power from states, not enough guarantees
  for individual rights
• Would president be like a king?
• Would senate be a powerful aristocracy?
• Liberties won during hard fought Revolution might
  be lost

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Federalist Papers

• Essays supporting federalists (Constitution) that
  appeared in newspapers
• Published together in Federalist book
• Written by James Madison, Alexander Hamilton, and
  John Jay

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Antifederalists
Federalists
More power to national govt, take some from states Wanted important political powers to remain with states
Favored dividing powers among different branches Wanted legislative branch to have more power than executive
Proposed a single person to lead executive branch Feared that a strong executive might become king or tyrant
Believed a bill of rights needed to be added to Constitution to protect peoples rights
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AntiFederalist Arguments

• Too much power given to the national govt at
  expense of state govts
• There was no bill of rights
• National govt could maintain an army during
  peacetime
• Congress, because of the necessary and proper
  clause had too much power
• Executive branch had too much power

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Federalist Arguments

• Separation of govt into three branches protected
  the rights of the people
• Each branch represented a different aspect of the
  people, with all three equal, no one branch could
  dominate
• A listing of rights could be dangerous, national
  govt could violate rights not included

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Battle for Ratification

• Federalists with an advantage most of the
  newspapers supported the Constitution
• Strong opposition to ratification in
  Massachusetts, North Carolina, Rhode Island, New
  York, and Virginia
• If some of these states failed to ratify the
  Constitution, the United States might not survive

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Battle for Ratification

• By late June 1787, nine states had ratified the
  Constitution
• New York and Virginia had not yet voted
• Patrick Henry in Va. Fought ratification, George
  Mason opposed it
• Wanted a bill of rights, with this likely,
  Virginia ratified it, then NY
• Rhode Island the last to ratify

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Debate

• Compare your hw packet with a parnter, while I
  check hw
• Class packet, debate prep, debate
• Take the next ten minutes to prepare your
  position with your partners
• Fill out the chart, prepare talking points and
  questions
• Everyone has to talk, take turns
• Everyone on your side will receive the same grade
  ? counts as a small quiz

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Bill of Rights

• Make a list of the rights you think the new
  Constitution should include (quietly on your own)
• Think about property, speech, religion, police,
  press, weapons, etc.

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Bill of Rights

• James Madison proposed a set of changes to the
  Constitution, edited by Congress
• Sent to states to ratify
• Ten of the amendments ratified in 1791
• Ten amendments to the U.S. Constitution became
  known as the Bill of Rights
• P. 250-2

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Amendment 1

• Religious and Political Freedom
• Congress shall make no law respecting an
  establishment or religion or prohibiting the free
  exercise thereof, or abridging the freedom of
  speech, or of the press, or the right of the
  people to peaceably assemble, and to petition the
  Government for a redress of grievances

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Freedom of Religion Example

• Public schools
• School prayer Religious holidays Student
  religious practices Released time Teaching about
  religion Pledge of Allegiance religious liberty
  in public schools Religious clubs Public schools
  religious communities Teachers' religious
  liberties Bible in school Distributing religious
  literature Graduation ceremonies Evolution
  creation

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Amendment 2

• Right to Bear Arms
• 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 abridged

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Amendment 3

• Quartering Troops
• 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

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Amendment 4

• Search and Seizure
• 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

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Amendment 5

• Rights of Accused Persons
• No person shall be held to answer for a capital,
  or otherwise infamous crime unless on a
  presentment or indictment of a Grand Jury nor
  shall any person be subject for the same offense
  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

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Amendment 6 Right to a Speedy Public Trial

• 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

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Amendment 8 Limits of Fines and Punishments

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted

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Examples 8th

• http//law2.umkc.edu/faculty/projects/ftrials/conl
  aw/cruelunusual.html

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Amendment 10 Power of States and People

• 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.
• Most court, police, education, and other powers
  at state level
• Marriage

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10th Amendment
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Bill of Rights

• United Streaming Bill of Rights

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Seven Principles of Government

• Seven main ideas or building blocks of our system
  of government
• Foundation of United States Constitution
• Popular Sovereignty 2. Republicanism
• 3. Federalism 4. Separation of Powers
• 5. Checks and Balances 6. Limited Government
• 7. Individual Rights

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Popular Sovereignty

• We the people of the United States establish
  this Constitution for the United States
• Source of governments power is the people, broad
  range of people shared in power to govern
  themselves

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Republicanism

• Not the political party!
• People exercise political power by voting for
  representatives who in turn make decisions

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Federalism How is Power Shared?

• System of government in which power is divided
  between a central government and smaller
  political units, such as states
• Delegated powers given by Constitution to
  national government
• Reserved powers powers kept by states
• Concurrent powers shared by both national and
  state governments

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Powers delegated To National Govt
Powers reserved For state Govts
Shared Concurrent Powers
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Separation of Powers How is Power Divided?

• Founding fathers concerned that too much power
  might fall into hands of one group
• Division of government into branches
• No one power is given all the power
• Legislative Branch makes laws
• Executive Branch President enforces the law
• Judicial Branch Supreme Court interprets the law

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Checks and Balances How is Power Evenly
Distributed?

• Each branch of government can exercise checks or
  controls over other branches
• Branches are separate but depend on each other to
  perform work of government
• Congress makes laws President can veto law
  Supreme Court can declare law passed by Congress
  and signed by president as against the
  Constitution

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Limited Government How is Abuse of Power
Prevented?

• Power of government restricted
• Everyone must obey the law, rich, powerful, those
  in government
• Article 1 Section 9 of the Constitution lists
  powers denied to Congress
• Article 1 Section 10 forbids states to take
  certain actions

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Individual Rights How are personal freedoms
protected?

• Bill of Rights guarantees certain individual
  rights
• Later amendments also advanced cause of
  individual rights