The Bill of Rights The promise of a Bill of Rights allowed many Americans to accept the new...

The Bill of Rights

• The promise of a Bill of Rights allowed many Americans to accept the new Constitution as their formal system of government

• Therefore, James Madison had to follow through on his promise

The Bill of Rights

• Madison largely based his ideas on two documents:– Virginia Declaration of Rights:

• Written by George Mason

– Virginia Statue for Religious Freedom:• Written by Thomas Jefferson

Declaration of Rights

• Written by George Mason

• Outlined his ideas of natural liberties that could not be violated by state government.

• Wrote his document 1 month prior to Jefferson writing the Declaration of Independence.

Statute for Religious Freedom• Written by Thomas Jefferson

• Believed in the separation of Church and State

– Jefferson wrote, “that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical.”

“To institute new government…”• Jefferson’s Statute

firmly declared the total freedom of religion and denied government the right to make it compulsory. Jefferson later wrote in Notes on the State of Virginia, “it does me no injury for my neighbor to say there are twenty gods or no God. It neither picks my pocket nor breaks my leg.”

“To institute new government…”

Madison’s Bill of Rights was written as a series of ten amendments that were added to the national Constitution by a 2/3rds vote in both houses of Congress. The First Amendment reflected the influence of both Mason and Jefferson

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6) The Bill of Rights – the first 10 amendments to the U.S. Constitution


• 1st Amendment – The rights of religious freedom, speech, press, assembly, and petition. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”


•2nd Amendment –The right to maintain a state militia, the right to bear arms. “A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.”


• 3rd Amendment – Protection from the quartering of troops in private homes. “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”


• 4th Amendment – Protection from unreasonable search and seizure. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”


• 5th Amendment – The right of due process of law, and protection against double jeopardy, self-incrimination, and eminent domain. “No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury;… nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”


• 6th Amendment – Rights of the accused, rights to counsel, and guarantee of a speedy trial by jury (criminal law). “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”


• 7th Amendment – Guarantee of civil trial by jury (civil law). “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”

W. Marbury

J. Madison


• 8th Amendment – Protection from excessive bail and cruel and unusual punishment. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

“To institute new government…”• 9th Amendment – Protection

of rights not specifically enumerated in the Bill of Rights. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Madison included the Ninth Amendment to prevent any unanticipated governmental abuses by stating that the mere listing of rights was not intended to imply that there were not other liberties that were also held by the people.

9th


•10th Amendment – “Reserved Powers” for the states and the people. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Madison agreed with Hamilton that the national government required greater strength, but he also shared Jefferson’s fears of centralized authority. To further strengthen the role of states, the 10th Amendment stated that all powers not explicitly delegated to the federal government would be reserved for the states or the people.

10th


Aside from passing the Bill of Rights, the first Congress also passed the necessary legislation to establish the Supreme Court and the federal court system. Federalist New Yorker, John Jay was appointed to be the first Chief Justice of the Supreme Court.

John Jay


8) The respected George Washington was the logical choice for the first President in 1789. As a reflection of his immense prestige and popularity, he was honored with a unanimous vote in the Electoral College.


Washington soon established the first cabinet by nominating essential officers to serve along side him in the executive branch: fellow General Henry Knox was appointed as the Secretary of War, fellow Federalist Alexander Hamilton was named Secretary of the Treasury, and fellow Virginian Thomas Jefferson was named Secretary of State. Washington was elected President in 1789


The only question left to answer was the location for the new Capitol of the United States.

Cities such as Philadelphia and New York had been used before but was not deemed suitable for this new nation.

Like all other decisions made in our early nation, the decision on where to have our capitol would have to be a compromise

Exit Ticket

1.What two document influenced the writing of the Bill of Rights? And who were they written by?

2. Who wrote the Bill of Rights?

3. List or Describe 3 of the 10 amendments that you can remember.

Alexander Hamilton• Born an illegitimate

child in the British West Indies

• Father abandoned him when he was young and was left impoverished. Mother also died at age 13 but young Alexander showed an extremely bright intellect.

Alexander Hamilton

• Fled to America in order to receive an education and studied grammar at Elizabethtown College and also studied at King’s College (now Columbia University)

• During the Revolutionary war, Hamilton joined the volunteer New York militia and worked his way up to Lieutenant Colonel and the inner circle of Washington.

Alexander Hamilton

As the first Secretary of the Treasury, Hamilton wanted economic policies that empowered both the federal government and the wealthy classes of society.

Hamilton’s first goal was to re-establish the credit of the United States.

Alexander Hamilton

Hamilton planned to pursue this economic policy through a program known as “assumption.” This would enable the federal government to assume the extensive Revolutionary War debts. More importantly, “assumption” shifted wealthy creditors away from the states and into an economic relationship with the federal government, naturally giving them a personal stake in the success of the young republic.

Alexander Hamilton

Hamilton believed the national debt could be paid with a tariff tax.

Tariffs help protect domestic industry and Hamilton believed in the young American industries of the Northeast.

PROTECTIVE TARIFF

Alexander Hamilton

Hamilton strongly believed that America’s future depended more on the success of industry and manufacturing. This was in stark contrast to Jefferson’s vision of an agrarian society (an agricultural economy).

Also in his way was former ally, James Madison who saw “assumption” as unconstitutional.

VS.

Alexander Hamilton

12) Congress was split between the Industrial Northeast and the Agricultural South. In a letter to future President James Monroe, Secretary of State Thomas Jefferson warned, "in the present instance I see the necessity of yielding for this time….for the sake of the union, and to save us from the greatest of all Calamities.”

http://upload.wikimedia.org/wikipedia/commons/9/9a/Joinordie.jpg

Alexander Hamilton

14)Hamilton became distressed that his “assumption” idea was failing. In what became known as the “Dinner Table Bargain” (some call it the Compromise of 1790), Madison and Jefferson agreed to silence their criticism of Hamilton’s assumption plan if the new national capital was established in the South, preferably near George Washington’s Mount Vernon plantation on the banks of the Potomac River in Northern Virginia.

Alexander Hamilton

The National Bank and the Excise Tax

Once Hamilton got “assumption” passed into law, he pursued the last step in his economic plan, creating a National Bank.

Hamilton’s idea created the “Bank of the United States” where the federal government would be the largest shareholder. The Bank could loan out surplus revenue in order to stimulate the national economy.

B.U.S.


3) Not only did Jefferson believe that Hamilton’s economic program was undemocratic and unfairly favored to the wealthy classes, but he also believed that many components of it were unconstitutional as well. Jefferson strongly opposed the creation of the Bank of the United States because it was not specifically listed in the Constitution as a power granted to the national government.


4) Jefferson believed in a strict interpretation of the Constitution and thought that the chartering of banks should be among the powers reserved to the states. Hamilton and the Federalists believed in a loose interpretation of the Constitution and thought that the creation of a national bank was an implied power granted to the national government through the Necessary and Proper Clause of the Constitution (Article I – Section 8 – paragraph 18).

The Whiskey Rebellion

To raise additional revenue Hamilton started to tax various domestic goods with a special emphasis on whiskey. In 1794, western farmers in Pennsylvania openly rebelled against the excessive tax by over-running tax collections offices and tarring and feathering several tax officials. A legend known as “Tom the Tinker” took command of the rebellion.

Tom the Tinker


3) One Pennsylvanian described Tom’s rebels in the following terms: “You might find a note posted on a tree outside your house, requiring you to publish in the Gazette your hatred of the whiskey tax and your commitment to the cause; otherwise, the note promised, your stil would be mended. Tom had a wicked sense of humor and a literary bent: "mended" meant shot full of holes or burned. Tom published on his own too, rousing his followers to action, telling the Gazette's editor in cover notes to run the messages or suffer the consequences.”


4) With strong encouragement from Hamilton, President Washington, Hamilton and Harry Lee disbanded the rebellion with 13,000 federal troops. Unlike the Articles of Confederation, the new centralized government was able to use its strength to suppress acts of internal rebellion. However, Thomas Jefferson and his growing camp of supporters opposed this drastic use of force and believed the excise tax to be somewhat oppressive.

VS.

Jacob Laew Barack Obama


7) Jefferson realized that Hamilton’s Federalist influence over Washington trumped his own commitment to pure republican ideals. Jefferson considered the “Dinner Table Bargain” to be the worst mistake of his political career because it allowed Hamilton to devise an aristocratic government modeled on the British system.

The Jeffersonians

1) Hamilton’s vision of a supreme national government supported by industry and wealth sharply conflicted with Jefferson’s dream of a social democracy based on agriculture. Washington’s support for Hamilton’s economic polices led Jefferson to resign from the administration. His collaboration with James Madison against the forces of Federalism evolved into the opposition party known as the “Democratic-Republicans.”

The Jeffersonians

2) Jefferson saw Hamilton and the extreme Federalists as an aristocratic threat to American democracy and the spirit of egalitarianism that had developed during the Revolutionary War. Many of the ardent revolutionaries and former Anti-Federalists joined Jefferson in the struggle against the excesses of the Hamiltonian Federalists.

1787 1776

The Jeffersonians

3) Similar to the political divide that had erupted in Washington’s first term over domestic economic policy, a fierce debate over foreign policy erupted as a result of the French Revolution during the second term.

The Jeffersonians

4) Democratic-Republicans delighted in the democratic spirit of the French Revolution when it overthrew the monarchy. However, more conservative Federalists feared the radical elements of the French Revolution that also sought to overturn the aristocracy of French wealth. King Louis XVI and Queen Marie Antoinette were captured and beheaded by the Guillotine during the “Reign of Terror” that was carried out against enemies of the Revolution.

The Jeffersonians

5) The French Revolution eventually grew into a global conflict among the Empires of Europe. Great Britain once again found itself at war with its archrival across the English Channel. This was the third world war since the two empires fought over North America during the French and Indian War and the American Revolution. This conflict would enjoy a brief peace in 1799, but would be revived in 1803 after the rise of Napoleon, ending in 1815 with his devastating defeat at Waterloo, Belgium.

• Identify each quote as either Hamilton or Jefferson (put them into separate piles)

• Then go through on your chart and explain what each quotes means in your own words (go by number)

• Answer follow up question found on the bottom of the worksheet. (Answer on the back o the worksheet.

Exit Ticket

• Carl Sandburg once said, “Money is power, freedom, a cushion, the root of all evil, the sum of all blessings.” Discuss how money (and banking) could be explained in each of these different ways.

Exit Ticket

1. Who wrote the Virginia Declaration of Rights?

2. Who wrote the Virginia Statute of Religious Freedom?

3. Who wrote the Bill of Right?

4. What is federalism?

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