A Constitution for the United States Topic 4 (Unit 3) Did we create a “more perfect union” for all? A Weak Confederation 4.1 Get out your timeline & let’s check it… 1776 Declaration of Independence signed 1783 – Treaty of Paris (officially ends R. War) & arguments continue over land, debt, currency, & foreign interests 1777 – Articles of Confederation created 1785 – Land Ordinance of 1785 1776 – 1780 – States created Constitutions 1786 – Shay’s Rebellion 1781 - War unofficially ends & Articles are ratified 1787 – Northwest Ordinance passed & calls to revise Articles of Confederation 4.1 Quiz 1. Therefore, in order to form a government, most states created a Constitution. 2. The 2 reasons for creating a Constitution were to a. spell out rights of the citizens & b. limit power of the government. 3. The Continental Congress was working on a national government. (federal, national, central) 4. The States reacted by not wanting to give up power (in part due to tyranny). Bell ringer 11.18/19 There are three handouts on the countertop, please grab both. O If you were going to make a government of your own what 6 things would you include. O Characteristics? O Rights? O Responsibilities? O Positions/Jobs? I can At your table, answer the questions/statements below… O Why did the states put into existence a constitution? O Name the first constitution. O Explain the weaknesses of the Confederation. O Explain how the Articles of Confederation worked in new territories. As we go through… O Check your notes to make sure that you have the information needed to describe the inspirations behind our government… O Add to your homework if you need to! O Highlight the items I discuss! O IF YOU DON’T have notes…now is the perfect moment to get out paper and begin! NOW WHAT? O Independence - 7.4.1776 O Revolutionary War continues O No government in U.S., now what? O Why do we need a government? O From where will we get our inspiration? Inspiration (4.3) O Roman Republics (and Greek) – independence & public servants O Magna Carta (English) - king must follow law & rights for people O English Bill of Rights - parliament is more powerful than monarch O Parliament chosen by people = who has the power? O Enlightenment- emphasized reason and logic O John Locke - philosopher- social contract between government and society (agree to rule and be ruled) O Montesquieu – liberty = separate government powers so no one is too powerful O Rousseau – when a state fails to act in a moral fashion, it ceases to function Inspiration O Colonial Self Government O Town meetings O VA House of Burgesses - law makers elected by voters O Mayflower Compact - self government by citizens O Declaration of Independence O government based on rights So, we didn’t always rely on others…we had good ideas ALL ON OUR OWN! State Constitutions O Divide into 3 groups… O Pennsylvania O South Carolina O Massachusetts O http://www.ushistory.org/us/14a.asp (on my HW page)...use your device to go here 1. How does each organize themselves? 2. What stands out – good or bad? 3. Potential flaws? State Constitutions O Each state had their own, varying constitutions Examples: O Banned slavery O Citizens had rights O Religious freedom O T. Jeff: VA Statue of Religious Freedom - can’t force religion or pay for church w/ tax money O Suffrage - right to vote O Hold public office - only land owners O Imagine if we all have difficulty deciding the most important pieces of a government, how 13 representatives must have felt to agree in order to pass a law! Constitutions O States wanted to do 2 things: 1. Spell out the rights of the citizens 2. Limit the power of the central/federal/national government O Central/National/Federal government wanted to do 1 thing for all states: 1. Unite them with one central government Articles of Confederation O 1777 O Continental Congress – plan for nation (a central/national/federal government) O 13 representatives - 1 from each state O Discussed and drafted national (1st American) constitution HW - Article of Confederation Chart Determine the strengths and weaknesses of the Articles of Confederation. Fill in the chart. Bullet points are fine. Based on your HW… (handout) Write down at least 5 problems that you predict the new “nation” will face in the years following the American Revolution War. O Bullet points are fine O 1st column ONLY! O 95 seconds Articles of Confederation… Strengths • Left states alone to make decisions • Prevented federal govt. from gaining too much power • Each state = 1 vote • Congress could declare war • Appoint military officers • Coin $$$ • Operate post offices • Addressed Northwest Territories Weaknesses • Compared to states, had very little power • 9 states had to approve a law • States had to enforce laws • No President to execute laws • Congress couldn’t regulate trade • Congress had to borrow $$ (from states) • No system of courts What you NEED to know about A of C… • Attempt at compromise (considering we were still at war) – somewhat effective • States were weak from war, debt, disagreements, foreign attempts at sabotage Expanding West… A of C (national govt) got 1 thing right O Congress decided to pass laws governing how NEW territories would be established… (remember we are in debt) What do you get for moving West? O Guaranteed basic rights O Slavery outlawed O Settlements of 60,000 could ask to be a state O Trial by jury O Freedom of religion O Free use of waterways O Schools (from sales of land) Shay’s Rebellion O Due to great debt and economic problems (after end of Revolution), depression occurred. O Farmers hit hardest O Courts tried to seize farm land O Daniel Shays – Veteran of Bunker Hill – organized Shays’ Rebellion O Rebellion was a sign the Articles of Confederation did not work…so, states called for a REVISION OF Articles of Confederation I can… (handout) 4.1 O understand why the states put into existence their constitutions. O name the first constitution. O explain the weaknesses of the Articles of Confederation. O explain how the Articles of Confederation worked in new territories. I can… 4.2 O Explain why the Virginia Plan & New Jersey Plan O O O O were proposed at the Constitutional Convention. Explain how they both agreed upon 3 branches of government & a legislature elected by the people. Describe how the Great Compromise allowed both Plans to become law. Explain how the 3/5s Compromise dealt with the issues of slaves counting in the vote. Understand why it was necessary for states to ratify a document. Constitutional Convention Philadelphia: May 1787 (4.2) Goal: Revise A.o.C. O Delegates @ C.C. O Ben Franklin O George Washington O James Madison (father of the Constitution) O Alex Hamilton Goal to REVISE the Art. of Co. O Proposals for a new government O Virginia Plan vs. New Jersey Plan O Turn in your text to pg. 187 (Venn diagram) O What did they have in common? O Great Compromise was created (Roger Sherman) O 3 branches O O O Legislative (pass laws) O House of Representatives – elected by popular vote O Senate – chosen by state legislature Executive (carry out laws) Judicial (system of courts) O 3/5s Compromise – dealt with slavery/representation O Each slave counts as 3/5 of a vote when determining representation O Which states do you think voted for this change? Drama within discussions (creating of Constitution) Opposing ideas (within convention) O Popular sovereignty (political power belongs to people) VS. O Strong national government O In order to replace A of C & protect people O Balance state power with federal power????? O They liked the sharing of power between a central govt. and the states = a country Solution: O Federalism: sharing power between state and federal government Federal Powers O Power to enforce its laws in the states O Each state mush obey the authority of the federal govt (why FBI rules over city police) O All state officials must obey Constitution O Power to use military to enforce laws – troops are under the command of President State Powers O Have control over governmental functions not specifically assigned to the federal govt. O Example – O States control local government and education. O They also oversee civil & criminal laws. O States must also protect the welfare of their citizens. Delicate Balance O Legislative O Executive O Judicial O Checks & Balances Outcome Brand new U.S. Constitution O September 1787 delegates sign final draft of Constitution O 39 of 42 delegates sign O Constitution: set of laws O 9 of 13 states must ENDORSE the Constitution for it to become law Exit Ticket 11.30.15 O Review of 4.2 1. 2. 3. 4. 5. What were the two plans proposed at the Constitutional Convention? Name plans. What 2 items did both plans have in common (agree upon)? How did both plans become law? What agreement was reached that solved the issue of the slavery population count? What did states have to do before the Constitution could be approved? In two groups… O After you have received your argument, work together to create a RAP that supports why the Constitution SHOULD/SHOULD NOT be supported. O The Constitution has been created, but is not yet law. Supporters • States have too much power • Constitution protects the rights & powers of states Opposees • National government is too strong • More protection or rights for citizens are needed Constitution not yet law… O Ratify or not ratify? O Voters from each state elected delegates Federalists (supporters of Constitution) Anti-Federalists (opposers of Constitution) • Too much power w/states • Constitution protected rights & powers of states • Federalist papers (J. Madison, A. Hamilton, J. Jay) – political theory & lasting influence • Natl. govt. too strong (President too much power) • Needs more protection or rights for citizens – no list of rights (no bill of rights) Need to Knows… O (after much debate and changes…) Constitution approved with amendments (additions) – Bill of Rights (1st 10) O First election under Constitution – 1789 O George Washington – President O John Adams – Vice-President O New York City – nation’s first capital O Amending Constitution was a process and 10 amendments became known as Bill of Rights O Delaware was first state to ratify O Rhode Island was last Bill of Rights O Pg. 538-539 in textbook Amendments 1-10 1st - Freedom of religion, speech, press, assembly, & petition My definition: I can practice any religion, say anything, gather to protest, create a petition, write my beliefs in a newspaper Real world: RFRA being passed by Indiana Gov. Pence to allow citizens to have religious freedom O As a group work to complete 2 -10 U.S. Constitution Use the following terms and create a “map” (that makes sense to you) of how these parts not only fit together, but also how they flow and create a WHOLE document. You may work together, by sharing ideas within your “states” (table group): O 7 basic principles O Preamble (state 6 goals) O Articles (state each’s purpose) O Amendments (identify first 10) Overview of the structure https://www.youtube.com/watch?v=0EfnNUt_nwY 7 basic principles O Popular sovereignty – people have the right to alter/abolish their government O Limited government – government has powers that Constitution gives it O Separation of Powers – government divided into 3 branches O Checks & Balances – each branch has the power to check or limit actions of other two O Federalism – division of power between federal & state O Republicanism – Constitution provides basis for citizens who elect representatives to carry out their wishes O Individual Rights - protection of freedoms/rights Checks and Balances O Power of the government divided 3 ways to ensure no one becomes too powerful O Legislature- write the laws O Executive –execute (carry out) the laws O Judicial-interpret the laws O Checks: O Veto power-cancel O Override- overrule O Review laws Pg. 184 Pg. 183 Preamble Introduction that sets up the purpose of the document. O 6 goals: O To Form a More Perfect Union O To Establish Justice O To Insure Domestic Tranquility O To Provide for the Common Defense O To Promote the General Welfare O To Secure the Blessings of Liberty Articles O Framework of our government: O Article 1 – Legislative (makes the laws) O Establishes powers & limits on Congress O Article 2 – Executive (carries out the laws) O Establishes powers & limits on President O Article 3 – Judicial (judges actions that violate laws) O Establishes powers & limits on Courts O Article 4 – relations among states O Article 5 – process to amend Constitution O Article 6 – “supreme law of land” – federal over state O Article 7 – procedure to ratify Constitution Amendments O To amend = to make a change O Only 27 have been made since birth O First 10 known as = Bill of Rights Understanding Amendments 4.6 O I can identify the rights that the Bill of Rights protects. O I can summarize how later amendments expanded democratic rights. Amend = to make change O The Bill of Rights doesn’t GIVE Americans rights because… O It was created to prevent the government from taking these rights away (natural rights). Basic Freedoms 1st Amendment O Keeps basic individual liberties safe… O Freedom of religion O Freedom of speech O Freedom of press O Right to peacefully assemble O Right to petition the government to change policies Protection Against Abuse of Power O Amendment 2 – maintained military & right to have guns – Which is it? Which is more important? O Red – State military is important O Blue – Individuals rights to have guns O Amendment 3 – do not have to house military O Amendment 4 – search of home/property must abide by rules of law Protecting Rights of Accused O Amendment 5 – cannot incriminate yourself O Amendment 6 – right to a quick, fair, public trial (also states right to know charge of crime & ability to confront accuser) O Amendment 7 – juries in civil trials (non-criminal) O Amendment 8 – keeps judges from giving “cruel or unusual punishments” Individual Rights O Amendment 9 – covers all rights NOT stated in Constitution (by stating the Constitution is not limited to what is written) O Amendment 10 – balances federal power Civil War Amendments O Some might say the 13, 14, and 15th Amendments are only important to a specific group of people. O What group might be referred to? O Why? O Why are these Amendments important to ALL people? Expansion of Rights O What is significant about the 19th Amendment? O Why do you suppose the age restriction within the 26th Amendment was lowered? Is it important? Exit Ticket 1. How can the Constitution can be amended? 2. What rights does the Bill of Rights protects (go deeper than “humans”)? 3. Summarize how later Amendments expanded democratic rights. Give at least 2 specific Amendments as examples.