Georgia Constitution and The Articles of Confederations

What are the next steps? Now that the colonies have gained independence, what’s next? Brainstorm/discuss what would need to happen next as a country and for each individual colony. What do you think the biggest challenges are going to be?

Standards The student will describe the impact of events that led to the ratification of the United States Constitution and Bill of Rights Analyze the strengths and weaknesses of both the Georgia Constitution of 1777 and the Articles of Confederation and explain how weaknesses in the Articles of Confederation led to a need to revise the Articles Describe the role of Georgia at the Constitutional Convention of 1787; include the role of Abraham Baldwin and William Few, and reasons why Georgia ratified the new constitution.

Word Review Ratify- To approve or make valid Unicameral - Consisting of a single branch, chamber or house, as a legislative assembly. Bicameral - having two branches, chambers, or houses, as a legislative body. Confederation - local/state governments make their own laws. A weak overlying central government.

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Reading Guide AOC 1. What problem did the colonists face after gaining independence from Great Britain? They did not know what kind of government that should have? 2. How did their experience with heavy-handed British rule effect the establishment of the new form of government? They wanted a government that couldn’t do much 3. How many governments did they have under the Articles of Confederation? 13 Each state had their own government. 4. What was the Congress of the Confederation? A group of representatives that make laws. 5. How many branches of government did they have? 1 Congress was the only branch of government.

Reading Guide AOC – Part II 6. How was voting determined among the states? each state got one vote. 7. What were the PROS of the government established by the AOC? 1) for a not too strong (weak) government; 2) states could keep their power and independence; 3) the power to create a military to protect all the states. 8. What were the CONS of the government established by the AOC? Did not give congress the power to enforce laws No power to collect taxes for the military Every single state had to agree to the changes 9. What made this very difficult to resolve? Each state had different needs based on economy, population, and size of the state. People had different opinions – some wanted more government others wanted less.

Why didn’t the Articles of Confederation work? Five Contributing Factors to Failure: Weak Central government No money for a military or anything else Government did not have the power to enforce laws All 13 had to agree in order to change the Articles. 9 out of 13 had to agree to pass laws No Judicial Branch No Executive Branch One VOTE regardless of population size Positives of the Articles: States got to keep their power Citizens didn’t have a powerful government telling them what to do It gave the power to create a military to provide protection No over taxation

Reading Guide: Georgia’s Constitution 1. Citizens of Georgia had two opinions regarding who should have power in the New Government. Explain the two sides. The power was in the hands of a few wealthy landowners To give all the people of Georgia a chance to govern themselves In the Georgia constitution of 1777, the Parish system was eliminated. What was it replaced with? County system What type of legislature did the Georgia Constitution of 1777 create? Unicameral (one house) What powers did the legislature have? They had the power to make appointments for the judicial branch (the courts) and the executive branch (the governor). 5. According to the Georgia Constitution of 1777, what group had the most power? The 12 lawmakers from the legislature who served as an executive council. They could accept or reject any proposals initiated by the governor. 6. Is Georgia’s constitution more similar or different than the Articles of Confederation?

The Georgia Constitution of 1777 1777 – 1789 (12 years) Based on the principles of the Declaration of Independence Not capable of meeting the needs of governing the state. Three Branches of Government

Legislative Unicameral, or one branch Powers Appoint members of the judicial and executive branch

Executive Branch John Treutlen Governor Appointed by legislative branch Limited to a ONE year term Very little power Who became Georgia’s first governor after Independence? John Treutlen

Judicial Branch All Courts Legislature appointed the positions for this branch

Freedoms of the People Freedom of : Press Religion Trial by jury The people were not given the opportunity to ratify the constitution

Articles of Confederation 1777 – 1789 (12 years) America’s first constitution, but not the same as we have today Provided a very WEAK central government Due to their experience with Britain’s monarchy, their goal was to give as most of the power to the people through “autonomy” of the states. Too many limitations caused the government not to function smoothly

National Government’s Powers Did not have Power Declare War Coin Money Establish post offices Send and recall Ambassadors Could not impose tax Could not regulate the trade of goods between the states (states could put taxes on each other)

Overall Weakness of the AOC Strong legislative branch No Executive branch No Judicial branch Each state had its own currency All 9 OUT OF 13 states had to approve a law for it to pass ONE vote per state no matter the size of the population

The Articles of Confederation QUICK QUIZ! The Articles of Confederation

Under the Articles of Confederation, a President would lead the country. Think About It  True  False 

Under the Articles of Confederation, states would be independent. Think About It   True  False

The Articles of Confederation were easy to change. Think About It  True  False 

Under the Articles, states with more people got more votes in Congress. Think About It  True  False 

Under the Articles, Congress did not have the power to collect taxes. Think About It   True  False

Under the Articles, Congress could pass laws and force states to follow them. Think About It  True  False 

The Articles of Confederation created the first American government. Think About It   True  False

AOC Video https://www.youtube.com/watch?v=uihNc_tdGbk

Complaints of the Articles of Confederation Working class poor were attacking the wealthy upper class citizens, but without a court system there were few consequences. Roadways and bridges were in poor condition and transportation could not be improved with a lack of funding. This effects trade throughout. British Navy was kidnapping American sailors into forced labor. With no court system, individuals had not system in place to make complaints against the national government. Blocking a bill only took FIVE states. By 1780 the states of Delaware, Rhode Island, New Hampshire, Georgia and New Jersey had less than 400,000 people combined….while Virginia ALONE had over 500,000. This allowed for a small percentage of the population to affect decisions that would benefit/impact the majority of the county. Britain reoccupied forts in the Northwest territory breaking the agreements of The Treaty of Paris

Complaints of the Articles of Confederation The States were threatening war with each other, and there were armed uprisings and riots across the land.  The British navy had destroyed many American ships during the war which disrupted trade. States negotiated their own trade deals with Europe, and they protected their own interests at the expense of the other States. Each State was printing their own money, which depreciated soon after the war. Many returning soldiers were paid in currency they considered to be worthless. Many farmers were unable to pay for their land mortgages. To be able to vote during this time, you had to own land; losing land meant loss of voting status. Unpaid soldiers threatened to march on Congress. The British banned certain goods as well as ships from Caribbean trade which hurt northern states hard.

Dear Fellow Delegates, Welcome to Independence Hall in the city of Philadelphia! As you know, you have been selected as a delegate to represent your home state during these proceedings. Our purpose is to discuss the defects found in our current government under the Articles of Confederation. Your input is not only desired, but necessary so that we can guarantee "life, liberty, and the pursuit of happiness" to all Americans. I ask you to remember that whatever is said in these meetings is to be held in the strictest of confidence. Again, welcome to Philadelphia and thank you for helping to secure the best possible government for our country. Sincerely, James Madison

Constitutional Convention Simulation You and your partner must prepare to represent your state at the upcoming Constitutional Convention in order to secure the specific needs for your state as well as provide for the unity of our nation. Read the information on your colony. Be sure to take in consideration the following: Population Economy Trade Other specific interests. Prepare for the Constitutional Convention by either amending the current Articles of Confederation, or creating new articles that will benefit your colony in a new national government.

Creating a New U.S. Constitution Government

Problems with the Articles of Confederation The Articles of Confederation were purposefully designed to provide the people with as much power as possible. After their recent history, they wanted to limit taxes. (1)This created a very weak central government and lead to many problems including: Fighting over land and sea rights (2)Lack of funds meant they could not maintain an Army or Navy and they could not build roads or canals (3) Difficulty passing laws because all 13 states had to agree

Constitutional Convention (4) The convention was held at Independence Hall in Philadelphia in 1787. There were 55 delegates in attendance, representing every state except Rhode Island. (5) The initial intention of the meeting was to simply revise the Articles of Confederation, but it resulted in an entirely new government and constitution.

Georgia in the Constitutional Convention (6) Georgia, and other Southern delegates, were unified in their relentless support of slavery. This lead to: (7) Three-Fifths Compromise- a compromise agreed upon by the North and the South which allowed for slaves to count toward a state’s overall population by counting slaves as “3/5 of a person.”

Georgia in the Constitutional Convention Georgian, Abraham Baldwin, is given credit for changing his vote to side with the “small states” in the Congressional representation debate. This decision evened the numbers for and against the Virginia Plan and allowed for the Great Compromise. (8) The Great Compromise- created a bicameral legislature where each state had two members in the Senate but representation in the House of Representatives was based on the state’s population.

(9) Abraham Baldwin One of four Georgians at Constitutional Convention Served FIVE terms as U.S. Congressman Served TWO terms as U.S. Senator (10) Most famous for his role in the creation of the University of Georgia and served UGA’s first president.

William Few (11) He did not make a major impression at the Constitutional Congress (12) But- he later served as a senator, a representative, and a judge in the state of Georgia In New York he became a member of the legislature and a bank president.

articles vs. constitution QUICK QUIZ! articles vs. constitution

Articles, Constitution or Both? A) Created a president Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A

Articles, Constitution or Both? B) Created a government Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A B

Articles, Constitution or Both? C) Had one branch of government Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A C B

Articles, Constitution or Both? D) Had enough power to do its job Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A C D B

Articles, Constitution or Both? E) Created a court system Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A C D B E

Articles, Constitution or Both? F) Gave large and small states the same power Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A C D B F E

Articles, Constitution or Both? G) Created a Legislature (Congress) Articles, Constitution or Both? Both Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A C G D B F E

Articles, Constitution or Both? H) Compromised between large and small states Articles, Constitution or Both? Both H Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A C G D B F E

Articles, Constitution or Both? I) Created a military Articles, Constitution or Both? Both H Articles Constitution Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A I C G D B F E

Articles, Constitution or Both? J) Didn’t let Congress enforce its laws Articles, Constitution or Both? Both H Articles Constitution J Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A I C G D B F E

Articles, Constitution or Both? K) Incorporated a system to change with time and circumstance Articles, Constitution or Both? Both H Articles Constitution J Decide whether each statement applies to the Articles of Confederation, the Constitution, or both. A I C G D K B F E

Do you know your rights? Anticipation Guide

Anticipation Guide -What are the Bill of Rights? -Why were the Bill of Rights created? -What freedoms/rights does it protect for U.S. citizens? How many can you list?

Amending the Constitution There have been 11,372 attempts to amend the Constitution since 1789 Only 27 have been approved Congress and ratified by the states.

Bill of Rights Anticipation Guide A brief introduction to the Bill of Rights http://www.youtube.com/watch?v=yYEfLm5dLMQ

Amendment 1 Freedom of religion Speech Press Right to assemble Petition the government

Amendment 2 Right to bear arms Relates to the maintenance of a militia ~Restrictions on this right include requiring gun license, and restricting concealed weapons

Amendment 3 Prohibits stations of troops in homes without consent

Amendment 4 Protects against unreasonable searches and seizures and requires probable cause for search warrants Illegally obtained evidence is not allowed in court

Amendment 5 Grand jury indicted before you can be tried for a capital crime protects against double jeopardy Free from self-incrimination (do not have to testify against yourself) Guarantees due process Eminent domain- governed cannot take private property for public use without compensation.

Amendment 6 Ensures right to speedy trial Must be informed of charges Right to counsel (attorney) Accused must be present to hear witness testifying against him/her Accused has the right to call witnesses in his/her favor

Amendment 7 Provides trial by jury Preserved for cases involving more than $20

Amendment 8 Prohibits excessive bail or extreme fines Prohibits cruel and unusual punishment.

9th Amendment DISCLAIMER: People have MANY other rights other than those listed specifically in the constitution

10th Amendment Gives the states and the people all powers not specifically mentioned in the constitution. States create their own laws https://www.youtube.com/watch?v=HWPTjFbBj10

Changes to the New Constitution

Reading pages 174 -174 With the new constitution, the government was formed by THREE branches instead of ONE: legislative, executive, and judicial. The legislative branch was now BICAMERAL instead of UNICAMERAL. They created the SENATE and the HOUSE OF REPRESENTATIVES. With changing times and circumstances, the delegates provided for a method of amending, or making changes or additions, to the U.S. Constitution. The first ten amendments made to the Constitution are known as the Bill of Rights. Video – School House Rock

Executive Branch Enforces the Laws Legislative Branch Makes the Laws Judicial Branch Interprets the Laws President, Vice President, The Cabinet, Departments (Defense ,Education) Supreme Court U.S. District Courts Special Courts (tax) Bi Cameral -House of Reps (2) Senate (6) -Elected by the people

Checks and Balances Checks and balances- the system that provides to each branch of government some power that controls or prevents some actions of the other two branches Separation of Power- a division of responsibilities for government among the three branches (legislative, judicial, and executive) Without checks and balances and separation of power, one person or portion of the government would have unlimited power. This is the creation of an oligarchy, autocratic, or dictatorship.

Checks and Balances Can appoint Supreme Court justices and judges Can veto bills and call emergency sessions of Congress Can decide if presidential acts are constitutional Can impeach the President, override a veto and confirm executive appointments. Can interpret constitutionality of laws. Can confirm or impeach judicial appointments, such as Supreme Court justices.

Which Branch Has the Power? Which branch is being checked? 1. Create and pass legislation 2. Veto Bills 3.Ratify treaties 4.Appoint federal judges 5. Impeachment of federal officials 6. Confirm appointments of presidential appointments 7. Declare laws unconstitutional 8. Override Presidential Vetoes 9. Judges are appointed for life 10. Controls appropriations of money. Executive Legislature Executive Legislature Legislature executive Executive Judicial Legislature Executive Legislature Executive/judicial Judicial Legislature/executive Executive Legislature Judicial Legislature/executive Legislature Executive

We know our rights, but what are our responsibilities???? Freedom of Speech Freedom of Religion Freedom of Press Freedom to Peaceably Assemble Freedom to Petition the Government Right to keep and bear arms Freedom from quartering soldiers Right to a speedy trial Right to an attorney Freedom from self incrimination Freedom from excessive fines or bails Freedom from cruel and unusual punishment People have other rights not listed The state gets to determine other rights for their people RESPONSIBILITIES Vote Register for selective service Serve jury duty Obey the laws of state and nation Pay taxes Report illegal activity Sing the national anthem Pledge to the flag

Three Branches Executive Judicial Legislative Action Enforces Laws Includes President Vice President Cabinet Departments (Education/Defense) Checks and Balances Can appoint Supreme Court and federal judges Can veto bills and call emergency sessions of congress Interprets Laws Supreme Court Lower Courts Special Courts Can decide if presidential acts are constitutional Can interpret constitutionality of laws Makes laws Senate House of Representatives Can confirm or impeach judicial appointments, such as Supreme Court Justices Can impeach the president, override a veto and confirm executive appointment.

When your table is called, go over to the GREEN paper. Post-it When your table is called, go over to the GREEN paper. Put the YELLOW sticky on the number of the amendment that you feel is the MOST USELESS Put a PINK sticky on the number of the amendment that you think is the most IMPORTANT.

Scenarios #1 – Yes – 6: Right to Counsel #2 – Yes – 7: Right to a jury #3- Yes – 2, 4, 5: Bear arms, illegal search, due process #4 – Yes – 5 and 6: Self-incrimination, right to counsel #5 – Yes- 3: No Quartering #6- No – 4: Search and Seizure #7 – Yes – 1: Right Assemble

Scenarios #8 – No – 8: Unreasonable Punishment #9 – Yes- 2: Right to Bear Arms #10- N0 – 1: Freedom of Pres

Scenarios #8 – No – 8: Unreasonable Punishment #9 – Yes- 2: Right to Bear Arms #10- N0 – 1: Freedom of Pres