Units 3 and 4 -- Constitution and Bill of Rights Test Review
Identify the major era and event in U.S.
History
Explain the significance of the date 1787
Creation and Ratification of the
Constitution
Writing of the Constitution
Summarize the strengths of the Articles of
Confederation
1.
2.
United the states
Limited the power of a strong
central government, by giving
power to the states
1st constitution of the United States
Summarize the weaknesses of the
Articles of Confederation
1.
2.
3.
4.
5.
6.
7.
No president
No courts
No army
No power to tax
Difficult to pass laws
Could not settle disputes
between the states
Amending took a unanimous
vote
The need for a stronger central
government after Shay’s Rebellion—
that is what led to the Constitution
being created.
Analyze the arguments for ratification
Analyze the issues of the Constitutional
Convention, including the Great
Compromise
-ISSUE: Representation:
Big States vs. Small States
Big States (Virginia Plan) want
representation based on population
Small States (New Jersey Plan) want equal
representation
-Great Compromise:
1) set up 3 branches of government
2) the legislative branch has 2 houses:
-upper house = Senate (where every state
has an equal number of senators)
-lower house = House of Representatives
(where the number of representatives is
determined by your state’s population)
Analyze the arguments against ratification
FEDERALISTS:
ANTI-FEDERALISTS:
-Wanted a stronger national
government than under the Articles of
Confederation
-Afraid that with a strong central
government states’ rights would be taken
away
-Said Constitution protected the rights
and freedoms of individuals (so no bill of
rights was needed)
-Wanted to include a list of rights and
freedoms (insisted on having a bill of rights)
Finally agreed to add a Bill of Rights if
more states ratified the Constitution
Analyze the issues of the Constitutional
Convention, including the Three-Fifths
Compromise
-ISSUE: How to Count Slaves in the
Population for Representation and Taxation:
Southern States vs. Northern States
-Southern states want slaves to count in
pop. for representation, but not taxation
-Northern states want slaves to count in
pop. for taxation, but not for representation
-3/5 Compromise:
1) For every 5 slaves, count 3 for the
purposes of representation and taxation
2) Slave trade will end in 20 years
Summarize the purposes and the process of
amending the U.S. Constitution
-PURPOSE of the amendment process:
to make it better, to adapt to the times
-PROCESS of amending the Constitution:
1) Proposal requires 2/3 of both houses
(Senate and House of Representatives)
2) Ratification - to make amendment into
law requires 3/4 of the states’ legislatures to
approve
Summarize rights guaranteed in the Bill
of Rights (Amendments 1-4)
1.
Freedom of: Speech, Religion,
Press, Assembly, and Petition
2.
Right to bear arms
3.
No quartering of soldiers
4.
No unreasonable search and
seizure—gov’t must have a
specific search warrant saying
what they will be looking for
and where…unless they have
probable cause
Analyze how the U.S. Constitution
reflects the principles of republicanism
and federalism
Republicanism – We have
representative gov’t—a republic—so we
vote for our representatives
Article 1 – we have representatives in
Congress
Federalism – State and federal
governments each have powers—all the
power is not in just one side—they each
share powers. Ex: the national/federal
government can declare war, the state
government can regulate education,
both can tax (so that’s a concurrent power )
Article 4 states the powers of the state
govts and the powers of the fed. govts
Analyze the arguments of the
Federalists and Anti-Federalists,
including those of A. Hamilton, P.Henry,
J. Madison, and G. Mason
Federalists – want a strong central
government; Alexander Hamilton and
James Madison, John Jay- wrote the
Federalists Papers
Summarize rights guaranteed in the Bill of
Rights (Amendments 5-10)
5.
Right to:
Due process of law;
Protection from self-incrimination
(can’t be forced to testify against yourself –
“I PLEAD THE FIFTH!”);
No double jeopardy (can’t be tried twice
for the same crime)
6.
Right to:
Speedy trial
Have a lawyer
Trial by jury of your peers
Confront witnesses against you
Identify colonial grievances listed in the
Declaration of Independence and explain
how those grievances were addressed in the
U.S. Constitution and the Bill of Rights
Taxation w/out representation => Article 1,
Legislative branch
King is a tyrant! => Article 2, Executive
branch => limited by Articles 1 and 3,
Legislative and Judicial branches
Quartering Act => 3rd amendment
Writs of Assistance => 4th amendment
7.
Trial by jury in CIVIL cases over $20
Intolerable Acts => 1st amendment
8.
No cruel and unusual punishment
No excessive bail or fines
No trial by jury of peers => 6th and 7th
amendments
9.
PEOPLE have MORE rights
10. STATES have MORE rights
Analyze how the U.S. Constitution reflects
the principles of separation of powers and
checks and balances
Separation of powers – 3 branches of gov’t
that all do something to the law
Legislative: MAKES the laws
Executive: ENFORCES or CARRIES OUT laws
Judicial: INTERPRETS the laws (determines
whether laws are constitutional or not)
Articles 1, 2, and 3 define the powers of
each branch and how they limit the others
Checks and balances – Each branch checks
or limits the power of the other branches.
Ex: president appoints the judges, yet the
congress can block those appointments
Define and give examples of unalienable
rights
Analyze how the U.S. Constitution reflects
the principles of limited government,
popular sovereignty, individual rights
Limited government- the rule of law applies
to all of us—you, me, and our highest
leaders, even the president. So the power of
our gov’t is limited by laws…we are a
“government of laws, not of men”
Popular sovereignty – the government’s
power comes from the people, who exercise
that power by voting—the consent of the
governed
Articles 1 and 2 reflect popular sovereignty
in that we can choose/vote for leaders
Individual rights – freedoms, Bill of Rights
The Bill of Rights protects individual rights
Life, liberty, and pursuit of happiness.
Identify the influence of ideas from historical
documents including the Magna Carta, the
English Bill of Rights, the Mayflower
Compact, the Federalist Papers, and selected
Anti-Federalist writings, on the U.S. System
of government
Examples will vary.
Magna Carta- limited power of government
Rights that cannot be taken away
Mayflower Compact provided example of
self-gov’t and majority rule.
Anti-Federalists - fear a strong central
government will abuse individual and
states’ rights; Patrick Henry, Richard
Henry Lee and George Mason- wrote
Anti Federalists writings
The English Bill of Rights provided a model
for our Bill of and Rights and Constitution.
Federalists Papers outlined that structure of
the document that shaped our nation.