America's Founding Documents

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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
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“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?
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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
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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?
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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
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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
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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
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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?
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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
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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
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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
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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”
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Federal System
Bicameral Congress: (Connecticut Compromise)
 Senate – States are equally represented – 2 per state
 House of Representatives – Based on population size
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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
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50%+1 to pass laws
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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)
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“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
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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.
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