POST-REVOLUTIONARY GOVERNMENT
• The Articles of
Confederation
– Backlash against
revolutionary
grievances
– Established weakest
possible government
no Chief Executive
• one-house legislature (one state, one vote)
• no national courts
• no national military
• could not tax or even control trade
• needed unanimous approval to amend
• COULD APPORTION LAND!
•
SHAYS’S REBELLION (1786)
• Daniel Shays
(Mass. Farmer)
– revolt over
taxation to
pay states’
revolutionary
war debts
– put down by
military force
– led to calls to
strengthen the
Articles of
Confederation
CONSTITUTIONAL CONVENTION,
1787
• James Madison
“Father of the Constitution”
– Separation of Powers
– Checks and Balances
• Compromises:
– The Great Compromise
• bi-cameral legislature
– 3/5 Compromise
• counted 3/5 of all “other persons” for
representation & taxation (NOT
VOTES!)
• Congress couldn’t interfere w/
THE CONSTITUTION:
• Preamble
– justice, order,
defense, welfare,
and liberty
for generations
• Article I – Legislative Branch (Congress)
– Elastic Clause (“necessary and proper”)
• Article II – Executive Branch (President)
• Article III – Judicial Branch (Courts)
• Article IV – States
– “full faith and credit” clause
• V – How to amend; VI – “Supreme Law
of the Land;” VII - Ratification
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S.
government cannot infringe upon
1. Freedom of religion, speech, press &
assembly
•“It is poignant but fundamental that the flag
protects those who hold it in contempt.”
(U.S. Supreme Court, Texas v. Johnson)
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S.
government cannot infringe upon
2. keep and bear arms
• “A well regulated
Militia (Nat’l Guard or
Minutemen?), being
necessary to the
security of a free State,
the right of (“we”?)
the people to keep and
bear arms shall not be
infringed.
• individual’s right not
supreme
• doesn’t apply to states
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S.
government cannot infringe upon
3. no quartering of
troops
• distrust of standing
army
• right to privacy
(along with 1st, 4th, 5th
& 9th) “a man’s house
shall be his own
castle, privileged
against all civil and
military intrusion.”
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S.
government cannot infringe upon
4. illegal search &
seizure
• “The right of the
people to be secure in
their persons, houses,
and effects”
• warrants must be
based on “probable
cause”
• right to bodily
privacy
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S.
government cannot infringe upon
5. Cannot be
“deprived of
life, liberty, or
property without
due process of
law.”
• grand juries
• no double
jeopardy
• no selfincrimination
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S.
government cannot infringe upon
6 & 7. Speedy trial by
jury
8. No cruel and
unusual
punishments
The Bill of Rights
(First 10 Amendments to the Constitution)
specific liberties of the people that the U.S. government cannot
infringe upon
9 & 10. Any rights or
powers not mentioned
in the Bill of Rights still
belong to the people
unless the Constitution
specifically gives them
to the U.S. Govt. or
denies them to the states
/ people.