STANDARDS 11 1 Students analyze the significant events

STANDARD(S): 11. 1 Students analyze the significant events in the founding of the nation. LEARNING OBJECTIVES/ GOALS/ SWBAT 1. Describe the political and economic problems faced by the Constitution. 2. Describe the form of government established by the Constitution. 3. Explain how and why the Bill of Rights was added to the Constitution. 4. Recognize that the structure of the Constitution helps to make it a document capable of meeting changing needs.

Section 3 Confederation and the Constitution American leaders create the Constitution as a blueprint of government for the United States. NEXT

SECTION 3 Confederation and the Constitution Experimenting with Confederation Plans for a New Government • Many people want a republic—rule through elected representatives • Some fear democracy—government directly by the people Continued. . . NEXT

TREATY OF PARIS • Peace talks began in Paris in 1782 • American negotiating team included John Jay, John Adams, and Ben Franklin • The war ends with the Treaty of Paris signed in September of 1783. • Officially recognized the independence of the United States and set the western boundaries at the Mississippi River.

SECTION 3 continued Experimenting with Confederation The Articles of Confederation • Congress creates laws to unite 13 states—Articles of Confederation • All states ratify (1781); Articles create weak central government • Confederation solves problem of Northwest Territory: - Land Ordinance of 1785—plan for surveying the Northwest Territory - Northwest Ordinance of 1787—plan to divide land into 3– 5 new states Continued. . . NEXT

2 -3 Confederation And The Constitution • After the Revolution, many favored a Republic • Federalists supported a strong federal government • Anti-Federalists favored states rights

2 -3 Articles Of Confederation • The Second Continental Congress issued a set of laws called the Articles of Confederation in 1781: – One vote per state in Congress regardless of population of state – Split power between National Government and State

2 -3 A • What was the difference between the Land Ordinance of 1785 and Northwest Ordinance of 1787? – Land Ordinance of 1785 – made land parcels small & affordable – Northwest Ordinance of 1787 – set requirement for states Ordinances

SECTION 3 continued Experimenting with Confederation Shays’s Rebellion • Shays’s Rebellion—Daniel Shays leads protest of Massachusetts taxes • He and 1, 200 farmers attempt to raid arsenal (1787) • State militia kills four; nation calls for a stronger national government • 12 states participate in convention to create stronger government NEXT

2 -3 B SHAY’S REBELLION • Why do you think the news of shay’s Rebellion made states eager to participate in the Philadelphia Convention? – The rebellion highlighted the weakness of the Central (National) government under the Articles of Confederation • Farmers Massachusetts rose up in protest over increased taxes lack of paper money • Daniel Shay led 1, 200 farmers toward the arsenal in Springfield 1787

2 -3 WEAKNESSES OF THE ARTICLE OF CONFEDERATION • Congress could not collect taxes • Each state had one vote regardless of population • Ineffective Central Govt. • No executive branch • Nine of thirteen states needed to agree to pass any law • No national court system • Lacked national unity • Only the national govt could declare war.

2 -3 C • In what ways did the Great Compromise resolve certain problems even as it created new ones? – It resolved the problem of the potentially unequal representation of states in Congress – But it created the problem of how to count slaves as part of a state’s population.

2 -3 D • Why did the delegates fear that one branch of the govt would gain too much power? – By granting too much power to Congress, the country would return to the problems under Parliament. – Others believed a strong president would turn into a king.

2 -3 E • Why did the Anti-federalists insist that the constitution must have a bill of rights? – They argued that because the Constitution granted significant powers to the national govt, – There must be specific safeguards to protect the govt from abusing the rights of the people.

2 -3 F • How did the adoption of the Bill of Rights show the flexibility of the Constitution? – The Constitution could be changed to meet the fundamental rights and protection of the people.

SECTION 3 Creating a New Government Conflict and Compromise • James Madison proposes Virginia Plan— representation based on population • Small states favor New Jersey Plan—each state has an equal vote • Great Compromise establishes Senate and House of Representatives • Three-Fifths Compromise counts three-fifths of slaves as population Continued. . . NEXT

THE U. S. CONSTITUTION

constitutional convention • The Call for the Constitutional Convention is made: May – September of 1787.

• After the Revolution, many favored a Republic • Federalists -supported a • Anti-Federalists – strong federal government supported individual states rights

The New Jersey Plan • FAVORED SMALL STATES: • having equal representation based for each state.

The Virginia Plan • FAVORED LARGE STATES: – having representation based on population.

1. The Virginia Plan 2. The New Jersey proposed a Congress Plan called for a composed of: Congress consisting of: two houses, a single house a lower and an upper house

3. The Virginia Plan proposed that representation in Congress be based on: 4. The New Jersey Plan proposed that congressional representation be based on: Each state's population One vote per state Other large states agreed. Other small states agreed.

The Great Compromise • The Great Compromise: – Called for the creation of a bicameral legislature • House of Representativ es – having representation based on population. • House of the Senate – having equal representation based for each state.

5. How did the Great Compromise resolve this conflict? It proposed a bicameral Congress; giving each state equal representation in the Senate and representation based on population in the House of Representatives.

Slavery ?

6. Northern states felt that representation in Congress should be based on the number of: 7. Southern states felt that representation should be based on the number of: People, other than slaves People, including slaves

8. How did the Three-Fifths Compromise resolve this conflict? It proposed that three-fifths of a state's slaves be counted for representation.

THE U. S. CONSTITUTION • Ratification • In order for the US CONSTITUTION to be go into effect 9 of the 13 states had to ratify/approve the Constitution.

THE U. S. CONSTITUTION • THE CONSTITUTION BECOMES THE SUPREME LAW OF THE LAND

• The Preamble describes the constitution as an agreement among the people.

SECTION 3 Creating a New Government Division of Powers • Delegates create Federalist government with three branches • Federalism—power divided between national and state governments Continued. . . NEXT

• The Constitution establishes the – 3 BRANCHES OF GOVT

SECTION 3 continued Creating a New Government Separation of Powers • • Legislative branch makes laws Executive branch enforces laws Judicial branch interprets laws Checks and balances—system preventing any branch from dominating NEXT

Checks and Balances

Checks and balances • Each branch of government has some control over the other two branches, so that no single branch of government becomes too powerful • Checks and Balances: Example: – overriding a presidents veto

SECTION 3 continued Creating a New Government Changing the Constitution • Delegates create process to amend, or change, the Constitution NEXT

SECTION 3 Ratifying the Constitution Getting the States’ Approval • Ratification—approval of Constitution by states; nine votes needed NEXT

SECTION 3 Ratifying the Constitution Federalists and Antifederalists • Federalists—favor the Constitution’s balance of power • Antifederalists—against Constitution, want Bill of Rights • Federalists promise Bill of Rights, Constitution ratified June 1788 NEXT

SECTION 3 Ratifying the Constitution Adoption of a Bill of Rights • Bill of Rights—first ten amendments, guarantee citizens’ rights NEXT

• The Elastic Clause: – allows the legislature to expand its powers as needed to execute the powers specifically listed in the constitution.

SECTION 3 Continuing Relevance of the Constitution A “Living” Document • Constitution is oldest written national constitution still in use • Constitution’s elastic clause allows expansion of government power • Amendment process is difficult to prevent arbitrary changes • Only 27 amendments passed in the last 200 years NEXT

• The Constitution does provide for rights of citizens. – They just too vague for Anti-Federalists.

The Bill of Rights • Anti-Federalists – • Feared of a strong central govt • To appease Anti-Federalists the Bill of Rights was added to guarantee their rights. • The first ten amendments are called the Bill of Rights.

• • AMENDMENT 1 (Freedom of Religion & Expression) THE GOVERNMENT CANNOT: 1) SET UP A RELIGION. 2) TAKE AWAY FREEDOM OF RELIGION. 3) TAKE AWAY FREEDOM OF SPEECH. 4) TAKE AWAY FREEDOM OF THE PRESS. 5) KEEP PEOPLE FROM PEACEFULLY MEETING IN GROUPS (ASSEMBLY). 6) KEEP PEOPLE FROM COMPLAINING TO THE GOVERNMENT TO CORRECT UNFAIR ACTIONS (PETITION).

• • AMENDMENT 2 (Right to Bear Arms) THE PEOPLE HAVE THE RIGHT TO KEEP AND USE GUNS TO HELP PROTECT THE COUNTRY. AMENDMENT 3 (Quartering Soldiers) THE GOVERNMENT CANNOT MAKE PEOPLE LET SOLDIERS STAY IN THEIR HOMES.

• • • AMENDMENT 4 (Security from Unreasonable Searches & Seizures) THE POLICE CANNOT: 1) SEARCH A PERSON WITHOUT A GOOD REASON TO BELIEVE THE PERSON HAS DONE SOMETHING WRONG. 2) SEARCH A PERSON’S HOUSE OR A PERSON’S THINGS WITHOUT A GOOD REASON TO BELIEVE THE PERSON HAS DONE SOMETHING WRONG. 3) ARREST A PERSON WITHOUT A GOOD REASON TO BELIEVE THE PERSON HAS DONE SOMETHING WRONG. 4) TAKE A PERSON’S THINGS WITHOUT A GOOD REASON TO BELIEVE THE PERSON HAS DONE SOMETHING WRONG. THE POLICE MUST HAVE A SEARCH WARRANT THAT NAMES: 1) THE PLACE TO BE SEARCHED. 2) THE PERSON TO BE ARRESTED. 3) THE THINGS TO BE TAKEN.

• • • AMENDMENT 5 (Rights to Due Process of Law) THE GOVERNMENT CANNOT: 1) TRY A PERSON MORE THAN ONCE FOR THE SAME CRIME. 2) MAKE A PERSON TESTIFY AGAINST HIMSELF/HERSELF. 3) TAKE AWAY A PERSON’S LIFE, LIBERTY, OR PROPERTY WITHOUT GOOD REASONS AND FAIR PROCEDURES. 4) TAKE AWAY A PERSON’S PROPERTY UNLESS THE PERSON IS FAIRLY PAID FOR HIS/HER PROPERTY.

• • AMENDMENT 6 (Right to a Free Trial) A PERSON CHARGED WITH A CRIME HAS THE RIGHT TO: 1) A SPEEDY AND PUBLIC TRIAL. 2) A JURY TRIAL IN A CRIMINAL CASE. 3) BE TOLD WHAT HE/SHE IS ACCUSED OF DOING WRONG. 4) FACE THE PEOPLE WHO SAY HE/SHE DID SOMETHING WRONG. 5) CALL WITNESSES TO SPEAK ON HIS/HER BEHALF. 6) HAVE AN ATTORNEY.

• • • AMENDMENT 7 (Trial by Jury) PEOPLE HAVE THE RIGHT TO A JURY TRIAL IN CIVIL MATTERS. (DISAGREEMENTS BETWEEN INDIVIDUALS) AMENDMENT 8 (Fair Bail & Punishments) A PERSON CHARGED WITH A CRIME HAS A RIGHT TO A FAIR FINE. THERE CANNOT BE ANY CRUEL AND UNUSUAL PUNISHMENT.

• • AMENDMENT 9 (Rights Retained by the People) SOME RIGHTS ARE LISTED IN THE CONSTITUTION, BUT UNITED STATES CITIZENS HAVE MORE RIGHTS THAN ARE LISTED HERE.

• • • AMENDMENT 10 (Powers Reserved to States & People) THE CONSTITUTION: 1) GIVES SOME POWERS TO THE UNITED STATES GOVERNMENT IN WASHINGTON D. C. 2) SAYS THERE ARE SOME POWERS THE STATE GOVERNMENTS DO NOT HAVE. 3) GIVES ALL OTHER POWERS TO THE STATE GOVERNMENTS OR TO THE PEOPLE.

OTHER AMENDMENTS – NOT PART OF THE BILL OF RIGHTS • • • AMENDMENT 24 (Outlaws Poll Tax) THE CONSTITUTION: MADE ILLEGAL POLL TAXES – JANUARY 23, 1964 TO MAKE POLL TAXES ILLEGAL FOR FEDERAL ELECTIONS. POLL TAXES ARE TAXES THAT SOME STATES BEGAN CHARGING DURING RECONSTRUCTION AS A WAY TO AFRICAN AMERICANS FROM VOTING.

OTHER AMENDMENTS – NOT PART OF THE BILL OF RIGHTS • • • AMENDMENT 26 (Right To Vote) THE CONSTITUTION: GIVES 18 YEAR OLDS THE – IN 1971, 18 -20 YEAR OLDS GAINED THE RIGHT TO VOTE WITH THE PASSAGE OF THE 26 TH AMENDMENT TO THE UNITED STATES CONSTITUTION 18 -20 YEAR OLDS BECOME THE LARGEST GROUP GRANTED THE RIGHT TO VOTE.

AMENDMENTS CAN BE REPEALLED • ONLY ONE AMENDMENT HAS EVER BEEN REPEALLED • AMENDMENT 18 (Established Prohibition ) THE CONSTITUTION: Established national prohibition • • AMENDMENT 21 (Repealed Prohibition ) THE CONSTITUTION: • Voided national prohibition

The Electoral College • The Electoral College is used to select a president. – It is an attempt to limit the power of the masses. – The Constitutional Fathers believed the masses (people) were too ignorant to make an educated selection/vote

U. S. CONSTITUTION • U. S. Senator qualifications – Be a U. S. citizen for past 9 years – Be at least 30 years old – Live in the state he/she represents – Elected to 6 year term

U. S. CONSTITUTION • U. S. House of Representatives qualifications – Be a U. S. citizen for past 7 years – Be at least 25 years old – Live in the state he/she represents – Elected to 2 year term

U. S. CONSTITUTION • U. S. President – Be a natural-born U. S. citizen – Be at least 35 years old – Live in the USA for past 14 years continually – Elected to 4 year term

U. S. CONSTITUTION • U. S. Vice-President – Same qualifications as President. – Duty is to preside over the Senate and break any tie. – On stand-by to be President

Or if President doesn’t sign