Events Leading to The Constitution By Mr. Eichmann

Political Problems After the War The Articles of Confederation, a democratic form of government created during the Revolutionary War, was not working. Each state had 1 vote, rather than citizens of the state voting One state could veto, or reject, any bill The Chairman was the Chief Executive, but he had little power. Any amendments, or changes, had to be approved by the representatives of all 13 states.

Other Political Problems After the War Each state looked at themselves as an individual republic, or representative government. This led to.. Each state having different systems of government. Conflicts over land and water rights Bigger states having too much power Rivalries between the states State governments more powerful than the national government

Economic Problems After the War Economic downturn, or depression, after the war. Inflation (high prices for goods) Each state and banks had a different currency or “bank notes” National currency was worthless No tariffs (taxes on foreign goods) States were unwilling to share their taxes with the national government. Economy had to support America, not Great Britain

Social Problems After The War Americans suspicious of government (strong, but not interfering in their daily lives) Fear of taxes Americans used to the way things were done before American unclear about what democracy really was Some Americans willing to take of arms to get what they want (ex: Shay’s Rebellion) No standing army in case of an attack from a foreign country

A Meeting is Called A Constitutional Convention is called in 1787 in Philadelphia to deal with these issues and to form a new government. Notable individuals: Alexander Hamilton (New York) – Wants a strong central government James Madison (Virginia) – Wants a government broken into three branches. George Washington – (Virginia) – Chairman of the Convention and calls for compromise Benjamin Franklin – (Pennsylvania) – Helps to legitimize the meeting.

Results of the Convention The Virginia Plan is adopted over the New Jersey Plan, proposed by William Paterson. This plan creates the three branches of government: Article I: The Legislative Branch – Makes the laws (Great Compromise – Two houses created for Congress) Article II: The Executive Branch – Enforces the laws (Stronger chief executive) Article III: Judicial Branch – Interprets the laws (Creation of court system)

Results of the Constitution 3/5 Compromise – Slaves counted as 3/5 person towards population with slave trade ended in 1808. Women still not given the right to vote. Article IV: Relations Among States States must respect another’s laws, records, and court rulings There must be cooperation, equality, and fair treatment of all citizens from all of the states

Other Articles of the Constitution Article V – Provides for the method of amendments (changing or adding to) the Constitution and the way to get them ratified. Article VI – The Constitution is the “Supreme Law of the Land.” Laws of Congress prevail over any conflicting laws in the states. Article VII – Declares that the Constitution will go into effect when 9 of the 13 states ratified the document. Approved by the state legislatures Federalists supported approval of the Constitution Anti- Federalists did not support the approval

Final Concepts Created Federalism – A system of government where power is divided between a central government and smaller political units, such as states. Separation of Powers – A system where power is shared among the national government and the states. Checks and Balances – The ability of each branch to make sure that the other branches do not become too powerful.

The Bill of Rights By Mr. Eichmann

The First Amendment Freedom of speech Freedom of the press Freedom of assembly Freedom to petition Freedom of religion

Separation of Church and State Belief that the church and state government should be separate and not infringe on each other’s rights

The Second Amendment Right to bear arms and organize state militia Interpreted today as the right to own a firearm

The Third Amendment Prohibits the quartering of troops in homes without consent

The Fourth Amendment Prohibits searches and seizures of property without warrants

Fifth Amendment No one deprived of life, liberty, and property without due process of law Prohibits the forcing of the accused to testify against themselves Requires a jury for serious criminal charges Bans “double jeopardy” – prosecuting someone again for the same crime

Sixth Amendment Right to a “speedy” trial in criminal cases Right to know all charges (72 hour rule) Right to obtain and question witnesses Right to have counsel

Seventh Amendment Guarantees a trial in most civil cases Right to publicly see accusers

Eighth Amendment Prohibits excessive fines and bail Prohibits cruel and unusual punishment

Ninth Amendment Gives rights not specifically mentioned in the Constitution to the people (can’t be taken away just because they are not mentioned)

Tenth Amendment Reserves the powers not delegated to the national government for the states

Key Areas of Clarification Most of the rights mentioned did not protect people from laws of state governments (ex. Slavery, voting rights) These rights were seen as natural rights. Legal rights are those given by new laws. Under The Constitution, these rights cannot be taken away. Supposed to be for both citizens and non-citizens in America, but this continues to be debated.

Example Where Rights Appear to Have Been Violated

Guantanamo Bay Prison, Cuba Where prisons part of Al-Queda have been detained since 9/11.

Illegal Immigrants