From the Declaration To the Amendments IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen united States of America When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…………. Dec Reading Influenced by John Locke Natural rights granted by God Life, liberty, & the pursuit of happiness (property) Equality of all men Principle of limited government Government by consent Right to rebel against tyranny Thomas Jefferson Primary Author This declaration created the USA! Declared our independence from Great Britain “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of What does Life, Liberty, and the Pursuit of Happiness mean to you as a teenager? BIG IDEA: Created Northwest Territory (1789) Expanded US landholding westward Ohio River was the “slave boundary” – Civil War Also allowed religious freedoms Ohio became the first state created from this ordinance (1803) It established Ohio! – where you live!! It also showed that America was sovereign (in charge) of their new land Slavery was also NOT allowed in this territory which set up the issues in the Civil War Ohio has a rich history of fighting against slavery. How does it make you feel to know that the place you now live was against the acts of slavery? BIG Idea: 1st government of USA Purposefully weak- placed most power with states Framers were afraid a government that was too powerful would abuse power like George III. Government could not coin money, raise taxes, or give the president law enforcement power. Pros Cons Provides for a common No power to tax defense force Allows each state to retain its independence and sovereignty No power to regulate ▪ State constitutions Powers ▪ Declare war ▪ Negotiate w/other countries ▪ Postal system interstate commerce No strong central voice for negotiation No way to deal with Revolutionary debt No common currency Inconsistent representation in Congress 1 state : 1 vote Confederate system w/one branch at the national level Unicameral Congress - one vote per state National Congress powerless to tax National Congress powerless to regulate foreign & interstate trade No executive branch to enforce acts of Congress No national court to settle disputes between states Amendment: ALL 13 states had to agree - unanimous 9/13 majority to pass laws It really set the stage for something better – the US Constitution (which rules all US citizens) The weak areas of the Articles of the Confederation were addressed in the drafting of the US Constitution It was like a US Constitution “rough draft” that had some problems that needed fixing. Do you believe that the government should have large or small role in leading the United States and it’s people? Confederate system Unicameral Congress - one vote per state Powerless to tax Powerless to regulate foreign & interstate trade No executive branch to enforce acts of Congress No national court to settle disputes between states Amendment: ALL 13 states had to agree - unanimous 9/13 majority to pass laws Federal System Bicameral Congress: Senate & House of Representatives Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: 2/3 Congress + ¾ State Legislatures 50%+1 to pass laws BIG Idea: Is the supreme law of the USA Highlights separation of powers (judicial, legislative, executive) Role of states and federal govt. Has been amended 27 times Bill of Rights would later be added to the Constitution 55 men experienced in politics men of wealth and prestige (elite) most were formally educated all were white owned property relatively young James Madison = Primary Author “Father of the Constitution” Federal System Bicameral Congress: (Connecticut Compromise) Senate – States are equally represented – 2 per state House of Representatives – Based on population size Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: Proposed by 2/3 Congress Ratified by ¾ of the state legislatures 50%+1 to pass laws Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism The people are the source of political authority - (power) Government by consent Representative democracy (republic) “We the People of the United States…” Rule of law No one is above the law - including members of the government The government must operate within the boundaries of the Constitution Division of the national government into three co-equal branches Each branch given specific responsibilities Legislative Branch = Executive Branch = Judicial Branch = System designed to prevent any branch of the national government from becoming more powerful than another branch The power of the courts to decide the constitutionality of laws and acts of government Marbury v. Madison 1. 2. 3. 4. After the Constitution was signed on September 17, 1787, the fight for Ratification began. 9 out of 13 states had to ratify the Constitution before it would go into effect. Two factions (opposing groups) emerged: A. Federalists who supported the Constitution B. Anti-Federalists who opposed to the Constitution These two groups argued for their position in newspapers, magazines, and pamphlets until the Constitution was ratified by the 9th and decisive state on June 21, 1788 1. Led by Thomas Jefferson and included farmers and small landowners who believed nation’s future rested on agriculture. 1. Arguments made by AntiFederalists A. The Constitutional Convention went beyond what they were charged to do. (illegalTreason) B. A strong national government would destroy states’ rights. C. Resembled a monarchy with its concentration of power D. Did not have a Bill of Rights 1. Effective national government to handle the nation’s economy, establish its monetary system, promote justice, and protect individual liberty. 2. Took name “Federalists” show link to “Federalism” A. Federalism: government power is distributed among the states, but the power of the central authority outweighs the authority of the states. Included Alexander Hamilton, George Washington, Benjamin Franklin, and James Madison. 2. Wrote a series of letters/essays called the Federalist papers in support of the new constitution. 1. Federalists Anti-Federalists Supported removing some powers from the states and giving more power to the national government. Wanted important political powers to remain with the states. Favored dividing powers among different branches of government. Wanted the legislative branch to have more power than an executive. Proposed a single person to lead the executive branch. Feared that a strong executive might become a king or tyrant. Believed Constitution did not need a Bill of Rights Wanted a Bill of Rights added to the Constitution 1. 2. 3. 4. Written by Alexander Hamilton, James Madison and John way under pen name Publius (Latin word for public). A series of letters published in newspapers Written for three reasons: A. To influence the vote in favor of ratification B. To explain the Constitution for future interpretation C. Outlined how the Constitution should be set up Included 85 letters published from October 1787 to April 1788 and later bound in book form. Arguments made by The Federalist Papers A. Federalists 1-14 stressed importance of the Union B. Federalists’ 15-22 stressed inadequacy of the Articles of confederation C. Federalists 23-36 Explained arguments for the Type of Government Contained in the Constitution D. Federalists 37-51 Explained the Republican Form of Government E. Federalists 52-83 explained the 3 branches of government. F. Federalists 84-85 answers questions of objections to the Constitution In the spirit of Compromise, the Federalists agreed to add a Bill of Rights which helped the document to be ratified. 2. Delaware was the first state to ratify the document on December 7, 1787. 3. New Hampshire was the 9th and decisive state. 1. 1. North Carolina became the 12th state to ratify the Constitution whey they approved the document on November 21, 1789. 2. Rhode Island was the last to ratify in 1790. 3. Once the document was ratified questions arose on how to put the Constitution into practice leading to the growth of political parties A. Led by George Washington (although he ran as an independent) and Alexander Hamilton 2. Believed in a strong central government 3. Supported loose interpretation of the constitution. 4. Believed future of country rested on manufacturing and industry. 1. 1. 2. 3. 4. Led by Thomas Jefferson and James Madison Believed in states’ rights Wanted strict interpretation of the Constitution Believed that the future of the nation rested with agriculture. The Bill of Rights was the first test of the amendment process outlined in Article 5 of the Constitution. 2. The Articles lays out two ways to amend a document. A. 2/3rd of both houses, or Conventions in 2/3rd of the states propose an amendment B. 3/4th of state legislatures or special conventions in each state ratifies the amendment 3. 10 of 12 proposed amendments were ratified on December 15, 1791. 1. 1st 2nd 3rd 4th 5th 6th Freedom of Religion, Speech, Press, Assembly, Petition Right to Keep and Bear Arms Quartering of Soldiers Security from Unwarrantable Search & Seizure Rights of Accused Persons in Criminal Proceedings Right to Speedy Trial, Witnesses, Trial by Jury in Criminal Cases 7th Trial by Jury in Civil Cases 8th Ban Excessive Bail, Fines, and Cruel & Unusual Punishment 9th Unenumerated Rights of the People 10th Reserved State Powers The Bill of Rights Memory Game 1. 1st Amendment: 5 Freedoms – religion, assembly, petition, press, and speech. A. Establishment Clause: government can not establish a state religion. B. Free exercise Clause: citizens can worship (or not) any way they choose. 2. 2nd Amendment: right to bear arms. 3. 3rd Amendment: government can’t ask you to quarter soldiers. 4. 5. 4th Amendment: protection against search and seizure A. Police need search warrant or probable cause 5th Amendment: due process of law, right to remain silent, indictment by a grand jury, double jeopardy, and eminent domain (rights of person’s accused of a crime) 6. 6th Amendment: right to a speedy, fair, and public trial of your peers, right to a lawyer/attorney/ counsel, right to confront witnesses, right to bring witnesses to testify on your behalf. (more rights of the accused) 7th Amendment: right to a jury trial in civil cases more than $20.00. 8. 8th Amendment: right to apply for bail, no cruel or unusual punishment 7. 9th Amendment: All powers not listed in the constitution belong to the people. 10. 10th Amendment: All powers not listed in Constitution belong to states or the people. 9.