Attempts to Form A New Nation The Articles of Confederation & the U.S. Constitution.
Attempts to Form A New Nation
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Attempts to Form A New Nation
The Articles of Confederation & the U.S. Constitution
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AOC Pair & Share
What kind of government did the Articles of Confederation create? What did it
include?
The Articles created a weak central government with a Congress that had the power to declare war, raise armies, & sign treaties. It did not have the power to impose taxes & regulate trade.
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AOC Pair & Share
Land Ordinance of
1785
Led the nation during the
Revolutionary war
Negotiated trade treaties
with other nations
Northwest Ordinance of
1787
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AOC Pair & Share
The Congress did not have the power
to regulate currency.
The Congress did not have the power to regulate trade.
The Congress could not force the states to abide by
the Treaty of Paris.
The Congress did not have the power
to impose taxes.
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AOC Pair & Share
What do you think was the most serious flaw of the Articles of Confederation?
Explain.
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Our founding fathers had a fundamental question to answer:
Did the Second Continental Congress represent a union, or did its decisions reflect the opinion of thirteen separate
states?
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Articles of Confederation
Our first U.S. Constitution, which called for a “League of Friendship” between the states
Was written by a committee led by John Dickinson (PA), presented to Congress on July 12, 1776, & was ratified by all states by 1781
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Articles of Confederation
Structure of the New National Government Each state could send between two to seven delegates to a Congress Each state got only one vote A President would serve a one-year term Congress would meet once a year A Committee of States ran the country when Congress was not in
session with one delegate from each state
Problems with the Articles Congress could not tax the states Poor attendance at meetings of Congress No President or Courts
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Shays’ Rebellion
Erupted in 1786. Poor farmers in Western Massachusetts found it impossible
to pay their taxes, mortgages, & other debts. Many lost their farms. They rebelled to close down courts that were declaring
them bankrupt. Daniel Shays emerged as a leader of the rebellion. Shays organized an attempt to seize a state arsenal, that
was put down by a state militia sent by the governor. This event led many to believe that a stronger central
government was needed.
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Pair & Share
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Attempts to revise the Articles
In May 1787, 55 delegates assembled in Philadelphia to revise the AOC
George Washington was elected President of the Constitutional Convention
Delegates from Virginia, led by James Madison, proposed that a new constitution be written, which was agreed upon by the delegates. James Madison
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Plans Proposed
Virginia Plan – large, southern state plan proposed by James Madison (accepted plan; Madison took notes on the proceedings; known as “The Father of the U.S. Constitution)
New Jersey Plan – small state plan proposed by William Paterson
New York Plan – large, northern state plan proposed by Alexander Hamilton
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Areas of Agreement at the Convention
Separation of Powers – there should be separate executive, legislative, & judicial branches of government
System of Checks & Balances – to ensure that no one branch gets more power than another
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Areas of Disagreement at the Convention
How will representation in Congress be counted?– Great or Connecticut Compromise– There will be a two-house congress (bicameral legislature)– One will be called the House of Representatives, which will be
determined by population– Another will be called the Senate with two delegates per state
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Pair & Share
What was the Three-Fifths Compromise, & why was it necessary?
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Areas of Disagreement at the Convention
How shall slaves be counted for representation?– Each slave would count as 3/5ths of a person for determining
representation
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Areas of Disagreement at the Convention
What kind of executive should there be?– A single executive called a president chosen by electors
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538 Electoral Votes 270 Needed to Win
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Pair & Share
3/5ths Compromise
Every 5 slaves would count as 3 people in the
population
Executive Compromise
There would be a single president that would serve a term of 4 years.
Great Compromise
Creates a two-house Congress
the House of Reps
(population) & the Senate
(equal)
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Assignment
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Pair & ShareHow is power divided under the federal
system?
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Primary Source AnalysisAnnotate, Complete Questions & Document Analysis Worksheet
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Pair & Share
A strong national government with some power to the states.
Western farmers; those that wanted a bill of rights
A limited national government that included a bill of rights.
Large landowners, merchants, & artisans; coastal farmers
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Opposing Groups form over Ratification
Federalists led by Washington, Hamilton, & Madison favored ratification because they felt it was the best compromise possible.
Anti-federalists led by Patrick Henry were against ratification for the following reasons:– States were surrendering too much power to the national
government– Voters did not have enough control over government officials– No Bill of Rights
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The Birth of Political Parties
Federalists (North)Led by Alexander Hamilton Beliefs in Government
– Rule by rich and well educated– New government should favor
merchants, manufacturers, and lawyers
– Strong central government with a strong president
– Favored industry– Wanted strong alliance with
Britain– Centralized banking and
create debt spending– Cynical– Loose interpretation of the
Constitution
Anti-Federalists (South)Led by Thomas Jefferson
Beliefs in Government– Rule by everybody– New government should favor
farmers, artisans, and poor classes
– Weak central government, power given to the states to reflect individual interests
– Favored agriculture and farming– Wanted strong alliance with
France– Low taxes, small tariffs– Idealistic– Strict interpretation of the
Constitution
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Who are you?
Consider the times and these beliefs: What political party would you support? The Federalists or the Anti-Federalists? Explain your answer.
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Political Vocabulary
Ratify: To agree to, To sign Amend: To add to Veto: To refuse to sign Bill: Proposed law Suffrage: Right to vote Bicameral: Two house congress Impeachment: Bring charges against a
President Cabinet: Advisors to the President
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Ratification by the Convention
Of the 55 delegates present, 13 left, 39 voted yes & 3 voted no.
In late September 1787 the U.S. Constitution went to the states for ratification
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The Federalist
The Federalists’ arguments for ratification were summarized in a collection of 85 essays written by James Madison, Alexander Hamilton, & John Jay under the joint name of Publius.
The essays explained how the new Constitution worked & why it was needed.
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Ratification by the States
Delaware, Pennsylvania, & New Jersey were the first to ratify Georgia & Connecticut followed by January 1788 & then
Massachusetts, Maryland & South Carolina New Hampshire became the ninth state to ratify making the
Constitution the law of the land Virginia, New York, & Rhode Island were last to ratify only after
Madison & Hamilton promised to add a Bill of Rights
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The U.S. Constitution
Ratification of the U.S. Constitution created a Federal Republic, which is the description of our form of government with three levels (National, State, & Local) & ruled by the people through our vote
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The American Constitution
Constitution divided into two parts– Articles--rights of
government (7 Articles)
– Amendments--rights of individual (27 Amendments)
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Government Structure
Articles I-III– Separates power into
three branches of government
– Art. I-Leg.; Art. II-Exec.; Art. III-Judic.
Articles IV-VII– Power of Law– Power of
Constitution
Amendments I-X– Bill of Rights
Amendment XI-XII– Organization of Government
Amendment XIII-XV– Civil Rights Amendments– Slave Amendments
Amendments XVI-XIX– Progressive Amendments
Amendments XX-XXI– New Deal Amendments
Amendments XXII-XXVII– Great Society Amendments
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Refer to Branches of Government Powerpoint
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Interpretation“Loose
Interpretation” A.K.A. “Loose Construction of
Constitution”– Interpretation of Constitution
must be flexible– People change, society
changes, technology changes-->Constitution must adapt
– What the Constitution doesn’t say EXPLICITY, the branches of government can do
“Federalists” “Liberals”
“Strict Interpretation”
A.K.A. “Strict Construction of Constitution”– Constitution should remain
the constant– The Constitution must be
the measure of social, ethical, and moral change
– Government can ONLY do what the Constitution EXPLICITLY says
“Anti-Federalists” “Conservatives”
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Powers of the Government
Delegated (Enumerated) Powers – listed in the constitution as powers of Congress such as taxes, borrowing money, & regulating trade
Reserved Powers – powers not granted to the national government are reserved automatically to the states such as education
Concurrent Powers – powers shared by national & state governments such as taxes, police forces, & court systems
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Powers of the Federal Government
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System of Checks & Balances
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Checks & Balances
Checks on Presidents– Power of impeachment by House of Reps – Trial of Impeachment by the Senate– Supreme Court Chief Justice serves as judge– 2/3rds vote of the Senate is needed to remove a President from
office
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Checks & Balances
Checks on Congress– President can veto bills & call special sessions of Congress
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Checks & Balances
Checks on the Courts– Congress can impeach federal judges– President can appoint judges with consent of the Senate
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Other Important Guarantees
Ex Post Facto – Congress cannot pass a law setting a penalty for an act that was not illegal at the time it was committed
Bills of Attainder – Congress cannot pass a law inflicting punishment on a person without a trial
Writ of Habeas Corpus – A person cannot be held in jail without being formally charged
Due Process of Law – steps in the arrest, trial, & conviction of a person
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Flexibility of the Constitution Bills are introduced & can become Laws
Amendments – Requires a 2/3rds vote of Congress & a 3/4ths vote of the states – 27 changes
Elastic Clause – Article One, Section 8, Clause 18 states that Congress can make any other laws needed for the country
Judicial Review – Courts can interpret the law
“Unwritten Constitution” – allows practices of custom to continue
Admission of New States – Requires a 2/3rds vote by Congress & 3/4ths by the states
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How a Bill becomes a Law
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Federal Court System
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Amending the Constitution
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Bill of Rights
Amendment I– Freedom of Speech & Press
• Includes spoken & written word.• Can be limited by the Government due to libel, obscenity,
fighting words, & speech inciting violence.– Freedom of Assembly
• Right to picket & protest.• Cannot be forced to join a group.
– Freedom of Religion• Can choose & practice any religion.• Separation of Church & State• Government cannot establish its own religion (Establishment
Clause).
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Bill of Rights
Amendment II– Right to Bear Arms
• An individuals right or militia?• Government has permitted limitation of some rights.
Amendment III– Quartering of Troops
• Provides an individuals right to own & protect property.• Does it include family lives & personal affairs?
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Bill of Rights Amendment IV
– Unreasonable Search & Seizure• Limits police when investigating crimes & using illegally
obtained evidence at trial.• Government has allowed for school searches.
Amendment V– Grand Jury Protection
• Double Jeopardy – cannot be punished for the same crime twice.
• Right against self-incrimination – “I plead the fifth”.• Due Process – Right to confront accusers.• Takings Clause – Governments right to take private property,
but must provide just compensation.
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Bill of Rights
Amendment VI– Right to a Jury Trial
• Right for a case to be heard by an impartial jury.– Right to a Speedy Trial– Right to a Public Trial– Right to be informed of Criminal Charges– Right to Confront Witnesses
• Allows for cross-examination & the jury to determine if the witness is truthful.
– Right to Assistance of Counsel• Is not based upon ability to pay.
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Bill of Rights Amendment VII
– Right to Jury Trial in Civil Cases• In Civil Cases the plaintiff is seeking money damages or
stopping the defendant from engaging in certain conduct. Amendment VIII
– No Excessive Bail• The money paid by a defendant to be released from jail prior to
trial cannot be excessive.• Does not eliminate a court’s right to not provide bail in certain
cases.– Protection against Cruel & Unusual Punishment
• Protects against disproportionate punishments.• Does not include the death penalty, only who is eligible.
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Bill of Rights
Amendment IX– Unenumerated Rights
• Individual rights cannot be denied even if they are not specifically listed in the constitution.
Amendment X– States’ Rights
• Re-emphasized the balance of power between the National government & the states.
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1791:The Bill of Rights, Then & Now
Read the article. Complete 5 Comprehension Questions & choose one
of the three In-Depth Questions. In addition, complete the writing prompt to
the right.
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