Unit 4: Writing the Constitution TEK Info
Creating a More Perfect Union
Main Ideas:
*Weaknesses of the Articles of Confederation led to a new
Constitution being written (using a series of compromises to do so)
*Debate over ratification of the U.S. Constitution arose between
Federalists and Anti-Federalists
*The U.S. Constitution limits government power and protects
the rights of Americans
Words to know:
Compromise
grievance
bicameral
limited government
popular sovereignty
individual rights
checks and balances
separation of powers
republicanism
Strengths and Weaknesses of the Articles of Confederation
Weaknesses:
Strengths:
*Federal government could not tax—had
to ask states for money
*Northwest Ordinance (established the
process for territories to become states)
*No federal court system (could not settle
disputes between states)
*Land Ordinance of 1785 (split land in
Ohio River Valley into sellable pieces)
*No executive (president)
*States rights (result of strong fear of
tyrannical leader—like a king)
*Not able to raise an army
*9 of 13 states required to pass any law
*13 of 13 states required to amend a law
*states with larger populations wanted
more representation
*States all had equal voice in Congress
*Congress could: make war & peace,
sign treaties, print money, and set up
postal system
*Shays’ Rebellion: Rebellion in Massachusetts over taxation of farmers—
many Revolutionary War veterans. The inability of the federal government to
put down the rebellion shows that the government under the Articles of
Confederation is not able to keep order and a stronger central government is
needed.
Many of the grievances listed in the Declaration of Independence were
addressed in the Constitution.
Grievance in Declaration of Independence
Addressed in U.S. Constitution
Taxation without representation
All states have representation in Congress, which sets taxes
King has absolute power
Congress has the power to override Presidential veto
Colonists not allowed to speak out against the King
1st amendment – Freedom of speech
Quartering Act forced colonists to house troops
3rd amendment – No quartering of troops
Allowed homes to be search without warrants
4th amendment – No unwarranted search and seizure
No trial by jury of peers
6th amendment—Speedy and public trial, by an impartial jury
7th Amendment – Right of trial by jury in civil cases
Compromises of the Constitution:
Virginia Plan—representation based on population, favors large states
New Jersey Plan—Representation equal among all states, favors small states
Great Compromise—Bicameral (two house) legislature
House of Representatives: Based on population
Senate: Equal representation
3/5 Compromise—Three-fifths of the enslaved people population would be used
for determining representation in the legislature (which benefits the slave states)
AND
three-fifths of the slave population would count towards determining how much
taxes each state must pay to the federal government (which benefits the states
with fewer slaves).
Arguments for and against ratification of the Constitution arose between the Federalists and
Anti-Federalists.
Federalists: Argued for a stronger national government because the weak central
government of the Articles of Confederation had set the U.S. up for failure.
Alexander Hamilton, James Madison (aka Father of the Constitution), and
John Jay write the “Federalist Papers” to promote ratification of the
Constitution, arguing that the United States need a strong central
government with restricted powers (separation of powers and checks and
balances).
Anti-Federalists: Argued that states’ rights should remain powerful over key
issues. Wanted the Constitution to protect individual rights.
Patrick Henry refused to attend the Philadelphia Convention at all because
he “smelled a rat.”
George Mason and Thomas Jefferson were also leading anti-federalists who
worried that a strong central government was dangerous and wanted
individual rights explicitly protected in the Constitution.
Anti-Federalist writings: Written by several authors. Some argued for state
rights, others for the protection of individual rights.
Governmental Philosophers—The writings of these men influenced the
authors of the Constitution in the following ways.
John Locke
 Believed government should only operate with approval of the people (democracy).
 Believed the government should be broken into three branches.
 Believed government was formed to protect life, liberty, and property. “Natural Rights”
Baron de Montesquieu
 Montesquieu believed that the best government was one that had three branches and called it
“separation of powers.”
Jean-Jacques Rousseau
 Politically he believed a state is legitimate only if it’s guided by the “general will” of its members.
 He felt that to hand over one's general right of ruling oneself to another is a form a slavery.
*The Bill of Rights was added to the Constitution as the first 10
amendments in order to satisfy anti-federalists’ concerns that it did not
protect individual rights.
Bill of Rights
1st Amendment: Rights to freedom of religion, speech,
press, assembly, petition
2nd Amendment: Right to bear arms
3rd Amendment: No quartering of troops in times of
peace
4th Amendment: Protection from unreasonable search
and seizure (warrant)
5th Amendment: Right to due process of law, no
double jeopardy, and not to testify against yourself
6th Amendment: Right to speedy public trial, trial by
jury, and to attorney
7th Amendment: Right to trial jury in civil trials
8th Amendment: No excessive bail or cruel and
unusual punishment
9th Amendment: Rights of the people (just because a
right is not specifically mentioned does not mean it
does not exist)
10th Amendment: Rights to the states—any rights not
specifically given to the federal government by the
Constitution belong to the states
The Impact of Religious Freedom on the American Way of Life:
In 1791, the Bill of Rights guarantees the right to practice religion without
government interference as well as freedom from an established state church
(the government cannot back a specific religion).
Americans have the freedom to worship however they choose which leads to a
growth in religion as a variety of religions are practiced within communities.
*Separation of church and state
Seven Major Principles of the U.S. Constitution
1. Limited government—The Constitution limits the government’s
power by clearly defining what it can and cannot do.
2. Federalism—A system of government in which the power is divided
between the federal government and the state governments.
Example: The Constitution gives certain powers to the federal
government, others to the state governments, and some powers are
shared between the two. The 10th Amendment clearly states that any
powers not given to the federal government belong to the states.
Government
Power
State
Federal
Governments
Government
3. Republicanism—Government is based on the will of the governed—
the people elect their representatives (R&R)
4. Checks and balances—System which makes sure no branch of the
government becomes too powerful. Each branch has some ability to
keep the others “in check.”
a. Examples include the president’s ability to veto bills passed by Congress,
Congress’ ability to override the veto, Senate confirmation of Presidential
appointments (judges, etc.), and the Supreme Court’s ability to declare
legislation unconstitutional
5. Separation of powers—The power of the federal government being
divided between three branches.
a. Executive Branch—
i. Who: President, Vice President, Cabinet
ii. What: Enforces laws
b. Legislative Branch—
i. Who: Congress (House of Reps and
Senate)
ii. What: Creates laws
c. Judicial—
i. Who: Supreme Court and federal courts
ii. What: Interprets laws (makes sure they are Constitutional)
6. Popular sovereignty—The idea that the people have the power over
the government. People express this power through voting and free
participation in government.
7. Individual rights—Many of the rights listed in the Bill of Rights
guarantee personal freedoms such as the freedom of religion,
speech, press, etc.