STANDARD VUS.5 Daniel Shay

The student will demonstrate knowledge of the issues involved in the creation and ratification of the Constitution of the United States and how the principles of limited government, consent of the governed, and the social contract are embodied in it by a) explaining the origins of the Constitution, including the Articles of Confederation. b) identifying the major compromises necessary to produce the Constitution, and the roles of James Madison and George Washington. c) examining the significance of the Virginia Declaration of Rights and the Virginia Statute for Religious Freedom in the framing of the Bill of Rights. d) assessing the arguments of Federalists and Anti-Federalists during the ratification debates and their relevance to political debate today. e) appraising how John Marshall’s precedent-setting decisions established the Supreme Court as an independent and equal branch of the national government.

STANDARD VUS.5a American political leaders, fearful of a powerful central government like Britain’s, created the Articles of Confederation, adopted at the end of the war.

STANDARD VUS.5a The Articles of Confederation • Provided for a weak national government • Gave Congress no power to tax or regulate commerce among the states • Provided for no common currency • Gave each state one vote regardless of size • Provided for no executive or judicial branch

Lee Anderson 2010

Shays' Rebellion 1786 to 1787 Veterans of The American Continental Army Daniel Shays - veteran of Bunker Hill and Saratoga Because they were off to war there farm had great debt Debtor’s prison Shay demands courts be closed- no farms would be lost 1787 Shay leads a are to Mass. Courts… to Springfield were the state arsenal was State Militia called Small battle was fought – 4 killed Small battle huge affect- PANIC!

Essential Understandings During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles.

STANDARD VUS.5b Key issues and their resolutions Made federal law the supreme law of the land when constitutional, but otherwise gave the states considerable leeway to govern themselves • Balanced power between large and small states by creating a Senate, where each state has two senators, and a House of Representatives, where membership is based on Population • Placated the Southern states by counting slaves as three-fifths of the population when determining representation in the United States House of Representatives

STANDARD VUS.5b Key issues and their resolutions Avoided a too-powerful central government by establishing three co-equal branches—legislative, executive, and judicial—with numerous checks and balances among them • Limited the powers of the federal government to those identified in the Constitution

STANDARD VUS.5b Key leaders George Washington, president of the Convention – Washington presided at the Convention and, although seldom participating in the debates, lent his enormous prestige to the proceedings. • James Madison, “Father of the Constitution” – Madison, a Virginian and a brilliant political philosopher, often led the debate and kept copious notes of the proceedings—the best record historians have of what transpired at the Constitutional Convention. At the Convention, he authored the “Virginia Plan,” which proposed a federal government of three separate branches (legislative, executive, judicial) and became the foundation for the structure of the new government. He later authored much of the Bill of Rights

The Great Compromise Roger Sherman – Connecticut Virginia Plan- three branches Congress 2 houses: New Jersey Plan (Small States)- Senate (equal number) Virginia Plan (Large States)- House of Representatives (pop) The two house make up congress and balance of power Roger Sherman

Three-Fifths compromise It was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives.

Essential Understandings The Constitution of the United States established a government that shared power between the national government and state governments, protected the rights of states, and provided a system for orderly change through amendments to the Constitution itself.

STANDARD VUS.5c Virginia Declaration of Rights (George Mason) • Reiterated the notion that basic human rights should not be violated by governments Virginia Statute for Religious Freedom (Thomas Jefferson) • Outlawed the established church— that is, the practice of government support for one favored church Bill of Rights • James Madison consulted the Virginia Declaration of Rights and the Virginia Statute for Religious Freedom when drafting the amendments that eventually became the United States Bill of Rights.

Essential Understandings The major principles of the Bill of Rights of the Constitution were based on earlier Virginia statutes.

STANDARD VUS.5d Federalists advocated the importance of a strong central government, especially to promote economic development and public improvements. Today, those who see a primary role for the federal government in solving national problems are heirs to this tradition.

STANDARD VUS.5d Anti-Federalists feared an overly powerful central government destructive of the rights of individuals and the prerogatives of the states. Today, the more conservative thinkers echo these concerns and champion liberty, individual initiative, and free markets.

STANDARD VUS.5d The leading Virginia opponents of ratification were Patrick Henry and George Mason; the leading Virginia proponents of ratification were George Washington and James Madison. Patrick Henry

Lee Anderson 2010

Essential Understandings Elements of Federalist and Anti- Federalist thought are reflected in contemporary political debate on issues such as the size and role of government, federalism, and the protection of individual rights.

STANDARD VUS.5e The doctrine of judicial review set forth in Marbury v. Madison, the doctrine of implied powers set forth in McCulloch v. Maryland, and a broadly national view of economic affairs set forth in Gibbons v. Ogden are the foundation blocks of the Supreme Court’s authority to mediate disagreements between branches of governments, levels of government, and competing business interests.

John Marshall served as Chief Justice of the Supreme Court during the first 30 years of the 19th century. Marshall made the federal courts a co-equal branch of the United States government Marbury v. Madison judicial review- A court’s power to declare a law unconstitutional the Supreme Court’s main check on the power of Congress is judicial review McCulloch v. Maryland Forbid the states from taxing agencies of the federal government Declared a Maryland state law unconstitutional Marshall said “the power to tax is the power to destroy” Gibbons v. Ogden The state of NY regulations for steamboats, which did business between NY and NJ That the federal government had complete control over interstate commerce Provided the foundation block for the Supreme Court to settle disagreements between competing business interests

Marbury v. Madison- 1803- Judicial review Judiciary Act of 1801- required the SC to deliver paper (appointments) Unconstitutional McCulloch v. Maryland- 1819- “the power to tax is the power to destroy’ The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. James McCulloch -head of the Baltimore Branch of the Second Bank of the United States, refused to pay the tax Chief Justice Marshall also determined that Maryland may not tax the bank without violating the Constitution. The Court voided the tax on the grounds that it was unconstitutional. Gibbons v. Ogden- 1824- Commerce Clause (control of trade) Power to regulate interstate commerce held that the power to regulate interstate commerce was granted to congress by the Commerce Clause of the U.S. Constitution. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster argued for Gibbons. The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is not uncommon to see the individual components of the Commerce Clause referred to under specific terms……

Chief Justice John Marshall September 24, 1755 – July 6, 1835 Chief Justice of the United States (1801–35) Born: Germantown, VA Died: Philadelphia, PA (age 79) Midnight Judges Act Gave the Branch Power!! Marbury v. Madison Burr conspiracy trial Fletcher v. Peck McCulloch v. Maryland Gibbons v. Ogden

Essential Understandings Important legal precedents established by the Marshall Court strengthened the role of the United States Supreme Court as an equal branch of the national government.

SOL Standard #5 Timeline 1780 Bill of Rights 1789- 1791 Conational Convention 1787 Virginia Declaration of Rights 1776 1790 Marbury v. Madison- 1803 Articles of Confederation 1781- 1789 1800 Gibbons v. Ogden- 1824 1810 Ratification of a constitution 1788 1820 SOL Standard #5 Timeline McCulloch v. Maryland- 1819

How did America’s pre-Revolutionary relationship with Britain influence the structure of the first national government? What weaknesses in the Articles of Confederation led to the effort to draft a new constitution? How did the delegates to the Constitutional Convention balance competing interests? What compromises were reached at the Constitutional Convention? STANDARD VUS.5 The creation and ratification of the Constitution How was the Bill of Rights influenced by the Virginia Declaration of Rights and the Virginia Statute for Religious Freedom? Who were the leading Federalists and Anti-Federalists in the pivotal ratification debate in Virginia? What were the major arguments for and against the Constitution of 1787 in the leading Federalist and Anti-Federalist writings and in the ratification debates? How did Chief Justice John Marshall, a Virginian, contribute to the growth of the United States Supreme Court’s importance in relation to the other branches of the national government?

STANDARD VUS.5a The student will demonstrate knowledge of the issues involved in the creation and ratification of the Constitution of the United States of America and how the principles of limited government, consent of the governed, and the social contract are embodied in it by a) explaining the origins of the Constitution, including the Articles of Confederation.

slaves as three-fifths STANDARD VUS.5b The student will demonstrate knowledge of the issues involved in the creation and ratification of the Constitution of the United States of America and how the principles of limited government, consent of the governed, and the social contract are embodied in it by b) identifying the major compromises necessary to produce the Constitution, and the roles of James Madison and George Washington. slaves as three-fifths of the population Virginia Plan

STANDARD VUS.5b The student will demonstrate knowledge of the issues involved in the creation and ratification of the Constitution of the United States of America and how the principles of limited government, consent of the governed, and the social contract are embodied in it by b) identifying the major compromises necessary to produce the Constitution, and the roles of James Madison and George Washington. George Washington James Madison “Father of the Constitution” Chairman of the Convention

Anti-Federalist position STANDARD VUS.5c The student will demonstrate knowledge of the issues involved in the creation and ratification of the Constitution of the United States of America and how the principles of limited government, consent of the governed, and the social contract are embodied in it by c)describing the conflict over ratification, including the Bill of Rights and the arguments of the Federalists and Anti-Federalists. Alexander Hamilton Federalist position Thomas Jefferson Anti-Federalist position

STANDARD VUS.5d The student will demonstrate knowledge of the issues involved in the creation and ratification of the Constitution of the United States of America and how the principles of limited government, consent of the governed, and the social contract are embodied in it by d) examining the significance of the Virginia Declaration of Rights and the Virginia Statute for Religious Freedom in the framing of the Bill of Rights. Virginia Statute for Religious Freedom George Mason James Madison