10/24/2014
Constitutional Era
PAGES 5…
WE HAVE OUR
OWN COUNTRY!
NOW WHAT?
Articles of Confederation
 The writing of the Articles of
Confederation took place at the
Second Continental Congress.
 Created a new form of
government for the independent
colonies
 Included one
branch(Confederation Congress),
a congress including one
representative (one vote) from
each of the former colonies
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Articles of Confederation cont’
 Created a “firm league of friendship” where each state
retains sovereignty, freedom and independence.
 Many believed a central government was necessary to
hold the country together, others didn’t want it to be
too powerful.
State Constitutions
 Each state had its own constitution
 Believed in a republic – where citizens elect
representatives who are responsible to the people
 Limited government – leaders have to obey the laws
and no one has total power
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Northwest Territory
 Had to decide what to do with the new land given to
them
 Needed to raise money to pay for war debts
 Land Ordinance of 1785 – system for surveying and
dividing up public territory. Split into townships of
36 square miles
 They sold this land to the public
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Northwest Territory cont’
 Northwest Ordinance of 1787 (Freedom
Ordinance)
 Created the Northwest Territory
 When population reached 60,000 settlers could
draft their own constitution
 Also required that public education be provided for
the citizens in the region.
Problems with the new nation.
 Trade with Britain
 High taxes on exports, but their goods are coming in
freely
 Unequal trade=bad economy
 Spanish officials closed the lower Mississippi
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Problems with the Articles of Confederation
 Strengths
 States’ rights (results of strong fear of a tyrannical
leader)
 Confederation of states with equal voice in Congress
 Congress had power to make war and peace, sign
treaties, raise an army and navy, print money and set
up a postal service
Problems with the Articles of Confederation cont’
 Weaknesses
 No national taxes(no ability to gain national
revenue to pay for army, navy, or other national
interests, had to ask states for money, which they
often ignored)
 No federal court system (no ability to settle
disputes among states)
 Lack of strong federal government(reduced ability
to settle disputes over state boundaries)
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Problems with the Articles of Confederation cont’
 Weaknesses cont’
 No power to regulate commerce (quarrels about
taxes on goods that crossed state borders)
 No federal leader(no “Executive” to lead the country)
 Limited military = No protection
Shays’s Rebellion
 The depression and low economy caused
Mass. to tax land instead of printing
paper money
 Daniel Shays-poor farmer and war
veteran couldn’t afford the tax, he led a
rebellion
 They closed down the courts in the
western part of the state – no courts=no
one’s property could be taken
 * Shays’s Rebellion helped show that the
government could not keep order and a
stronger form of national government
was needed.( 8.15B)
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Changing the Articles of Confederation
 Several Documents influenced the making
of the U.S. system of government
 Magna Carta (1215) – Limited power of the King
 English Bill of Rights (1689) – Listed individual
rights(model for Bill of Rights-1st 10 Amendments)
 Mayflower Compact (1620) – agreement that
established the idea of self-government and
majority rule
Changing the Articles of Confederation
 Also influenced by the Enlightenment period –
writers like John Locke
 Legislative assemblies – House of Burgesses
 Christian traditions from Great Awakening
 Fundamental Orders of Connecticut – first written
constitution
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Time for Change.
 Constitutional Convention in
Philadelphia in 1787
 Writing the Constitution
 James Madison was very instrumental
in writing the constitution
 George Washington was elected
president of the convention
 Convention called to address the
problems with the Articles of the
Confederation – James Madison
introduces a new plan
Issues of the Constitutional Convention
(8.4D)
 Issue – Representation in the legislature
 Virginia Plan (8.21C) – Large state plan that
proposed representation based on population size.
This included a plan for separation of powers –
Executive, Judicial, Legislature
 New Jersey Plan(8.21C) – Small state plan that
proposed equal representation among all states
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Issues of the Constitutional Convention
(8.4D)
 Compromise
 – Great Compromise(8.21C) – Constitution
resulted in a two-house legislatures (bicameral) with
House of Representatives based on population and
the Senate maintaining equal representation from all
states.
Issues of the Constitutional Convention
(8.4D)
 Issue – How slaves should be
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counted regarding population and
taxation.
North – didn’t want them counted
South – wanted all counted
Compromise
Three Fifths Compromise(8.1A
Readiness)- Three-Fifths of the
slave population would be counted
when setting direct taxes on the
states and three-fifths ratio would
also be used to determine
representation in the legislature.
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Principles of the Constitution
 Republicanism –
 A philosophy of limited government
 Elected representatives serve at the will of the
people
 Government is based on the consent of the
governed.
Principles of the Constitution
 Limited Government –
 The Constitution and laws define the limits of
those in power so they cannot take advantage of
their elected, appointed, or inherited position.
 Everyone, including all authority figures, must
obey the laws(rule of law).
 Government is restricted in what it may do.
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Principles of the Constitution
 Federalism –
 The distribution of power between a federal
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government and the states within a union.
In the Constitution, certain powers are
delegated to one of three ways:
To the states
To the federal government
Shared
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Principles of the Constitution
 Separation of Powers
 Legislative branch
 Known as “Congress” made up of a “House of
Representatives” and a “Senate.”
 Powers are outlined in Article 1 of the U.S.
Constitution
 Makes the laws
Principles of the Constitution
 Separation of Powers
 Executive branch
 Known as the “President”
 The President leads this branch which carries out
laws and ensures their just application
 The Cabinet is included in this branch.
 Powers outlined in Article 2 of the U.S. Constitution
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Principles of the Constitution
 Separation of Powers
 Judicial branch
 Known as the “Supreme Court”
 Consists of all courts: Supreme Court, Federal
Appeals Court, Federal District Court
 They interpret and apply the laws, ensuring
that they are just.
 Powers outlined in Article 3 of the U.S. Constitution
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Principles of the Constitution
 Checks and balances –
 System that does not allow any one branch of the
government to have too much power.
 The President can veto legislation passed by
Congress, but Congress can override the veto.
 The Senate confirms major appointments made by
the President.
 The courts may declare acts passed by Congress as
unconstitutional.
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Principles of the Constitution
 Popular Sovereignty  Concept that political power rests with the
people who can create, alter, and abolish
government.
 People express themselves through voting
and free participation in government.
Principles of the Constitution
 Individual Rights –
 Many opposed the Constitution in 1787 because
they believed it did not offer adequate protection
of individual’s rights.
 The Bill of Rights, ratified in 1791, was created to
correct this.
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The Constitution
We have all the principles,
now what?
Approval?
To Ratify or not… that is the question…
 Arguments for and against Ratification –
 Federalist – Argued for a stronger national government
because under the Articles of Confederation, the weak
national government set the United States up for failure.
(they wanted the Constitution and a new government)
 Federalist Papers – Published anonymously.
(Alexander Hamilton, James Madison, John Jay)
Support ratification of the Constitution with a focus on
the need for strong central government with restricted
powers. (The constitution sets up for a strong central
government with separated powers and a system of
checks and balances) Basically said the new federal
government will not overpower the states.
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Ratification of Constitution
 Arguments for and against Ratification
 Anti-Federalist – Argued that states’ rights should
remain powerful over key issues. Remained of the
opinion that we fought the Revolution to get away from
strong central government. Had great desire for
individual liberties. (George Mason, Patrick Henry)
 Anti-Federalist writings – Anti-Federalists opposed
the Constitution because it lacked protection of
individual rights. (When the Constitution was ratified,
the first ten amendments-Bill of Rights-were
immediately added to protect those rights)
Ratification of Constitution
 Compromise – The U.S. Constitution is ratified
and the Bill of Rights is added
 Addressed many grievances listed in the Declaration
of Independence
 Addressed weaknesses in the Articles of
Confederation
 Had a desire to protect the individual rights of the
people of the United States
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Amending the Constitution
 There have been 27 Amendments since the
Constitution was written in 1787
 Purpose –
 The Constitution can be changed or amended
when it is deemed necessary by the people to
adjust to changing times and to maintain a
“living” document
Amending the Constitution
 Process –
 Proposal by Congress by 2/3 vote of both houses,
and ¾ of states ratify an amendment in state
convention or state legislature
 Proposal from a convention called by 2/3 of the
States. It then goes to the state legislatures to be
ratified, must have ¾ votes to pass
 2/3 of states propose an amendment from a
convention and ¾ states ratify an amendment in
special state convention or state legislatures
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Bill of Rights
 1st – Freedom of speech, press, religion and assembly
 2nd – Bear arms
 3rd – No quartering troops during times of peace
 4th – Search and seizure (have to have a warrant)
 5th – Right to due process, not to be tried for the same
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crime twice(Double Jeopardy), and not to testify against
yourself
6th – Right to speedy public trial
7th – Right to trial by jury in civil trials
8th – Right not to have excessive bail and/or punishment
9th – Rights of the people
10th – Rights left to the states to decide
Colonial Grievances
 Declaration of Independence
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-Taxation without representation
-King has absolute power
-Colonists not allowed to speak out against the King
-Quartering Act forced colonist to house troops
-Allowed homes to be searched without warrants
-No trial by jury of peers
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Colonial Grievances – FIXED!
 Constitution
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-All states have representation in Congress, which
sets taxes
-Separation of Powers (Congress has the power to
override the Presidential veto)
Bill of Rights
-1st Amendment – Freedom of speech
-3rd Amendment – No quartering of troops
-4th Amendment – No unwarranted search and
seizure
-6th Amendment – right to speedy public trial
-7th Amendment – trial by jury
Freedom of Speech
 This allows for the
protection of
individual rights.
 Freedom to
express
information, ideas
and opinions
 Free from
government
restrictions based
on content
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Freedom of Religion
 Americans have the right to
worship however they choose
 The government does not have
the right to interfere with
religious beliefs
 Sets up for official separation of
church and state
Development of Religious Freedom (8.25A)
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1620-1691 –
Plymouth Colony –
self-governing church
each congregation independent and electing its own pastor
and offices
17th Century –
Massachusetts Bay Colony –
churches fairly democratic in that they elected ministers and
other officials,
church closely tied with state government
February 1631 –
Rhode Island
Roger Williams founded Rhode Island and separated church
and state
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Development of Religious Freedom (8.25A)
 1681-1776 Pennsylvania
 Penn’s Frames of Government guaranteed religious freedom
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to all settlers
1689 –
Maryland
founded as haven for Catholics
Toleration Acts – protected religious practice for Catholics.
1789 –
Bill of Rights
guaranteed freedom of religion
freedom from government interference
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