Instructional Focus Document Notes Grade 8/Social Studies UNIT: 04 TITLE: Writing the Constitution Part 1: From Revolution to Constitution.

Early Years Though the Americans gained their independence, the war produced devastating results. Around 26,000 American casualties, 10,000 British casualties, and 8,000 Hessian casualties. The Revolution crippled the American economy. The new nation was in debt of about 27 million dollars.

Early Years Many soldiers who fought in the Revolution could not even be paid, so in some cases they were given certificates to newly acquired land in the west.

Early Years Loyalists were forced to flee to Canada or Britain During the war, Congress installed a document for governing the states called The Articles of Confederation.

Early Years Most all of the states had already formed their own governments. Most had chosen a republican form of government where they elected representatives to govern.

New Land Congress needed to come up with a system for organizing all the new land that the United States had acquired from the Treaty of Paris 1783. The Land Ordinance of 1785- divided the land into six mile square plots. These were called townships and the area became known as the Northwest Territory.

Northwest Territory

Northwest Ordinance This determined how the Northwest Territory would be governed. 1. When the population reached 60,000, the territory could apply to become a state. 2. Slavery in the Northwest Territory would be outlawed 3. Rivers for navigation would be open for all. 4. Freedom of religion an trial by jury.

Northwest Ordinance The Northwest Ordinance set a pattern for orderly growth that the United States continued to use throughout the years. As the nation grew, it used the same principles.

Shays Rebellion The country was in bad economic times. States began to levy high taxes and many farmers did not make enough money to pay these taxes, so states began to seize land as payment. Daniel Shays, a revolutionary war veteran led an armed revolt to keep the courts from taking the land of the people.

Shays Rebellion The Massachusetts militia put down the revolt, and Daniel Shays fled to Vermont.

A New Constitution The Articles of Confederation, written at the Second Continental Congress, proved to be too weak to support the nation as incidences like Shays Rebellion had shown. There were SOME good points with the Articles of Confederation such as States Rights, states having an equal voice in Congress and Congress having the ability to make war or peace, establish a post office, sign treaties and raise an army when needed, but…

A New Constitution Under the Articles of Confederation, the government did not have the power to collect taxes There was no federal court system and no ability to settle disputes between the states The federal government hardly had any strength and could not settle disputes across state boundaries, nor could the federal government regulate commerce and settle disputes over taxes as items crossed state borders

A New Constitution There was no Executive, or federal leader There was a limited military, which offered little to no protection Many believed that a stronger national government was needed.

A New Constitution A Constitutional Convention was called in order to come up with a new frame of government. Incidences such as Shay’s Rebellion showed that the new republic would need to be able to maintain national security. Though many Americans were fearful of a standing army, the founding fathers realized they would need to build a stable military.

A New Constitution Americans during this time were also very concerned as to their property rights. Many people disagreed with this attempt to change the government. Patrick Henry the notable patriot refused to attend saying he “smelt a rat tending toward monarchy!”

A New Constitution George Mason believed in the necessity to restrict a national government and he was a firm supporter of Individual Rights.

Constitutional Convention The Constitution was written in 1787. The delegates decided to toss out the Articles of Confederation and begin a whole new Constitution. George Washington was chosen to serve as president of the convention and preside over matters. The delegates took into account many historic documents that improved freedom and individual rights through the years including:

Constitutional Convention Magna Carta – (1215) limited the power of the king (Just as the Constitution limits the power of the President)

Constitutional Convention English Bill of Rights – Listed individual rights for citizens of England (the model for our own Bill of Rights as listed in the Constitution Mayflower Compact – (1620) established the idea of self government.

Constitutional Convention There were a number of new ideas and plans for a new and better national government.

Virginia Plan The Virginia Plan said that the national government (federal government) should be divided into three branches: Executive, 2. Legislative, and 3. Judicial It also proposed that the Legislative branch be divided into two houses (like Parliament) both of which would have representatives determined by state populations. Larger states liked this plan.

New Jersey Plan The New Jersey Plan called for only one house in the Legislative branch and that each state would get one representative to the Legislative branch no matter how big or small the state was. Each state would be equal with one vote each. Smaller states liked this plan.

The Great Compromise The Great Compromise combined ideas from both plans. To satisfy the larger states, there would be a House of Representatives whose members would be determined by state population. To satisfy the smaller states, there would be a Senate which would have an equal number of representatives from each state. (two) This was the creation of our Bicameral legislature

Three Fifths Compromise The Three Fifths Compromise came about when delegates were trying to come up with a system for counting slaves for representation. They decided to count only three fifths of the slave population.

Federalists vs. Anti-federalists As the Constitution was awaiting its approval from the states, two groups emerged with different ideas on the Constitution and how the new national government (federal government) should be run. The Federalists and the Anti-federalists became the first two political parties in the United States.

Federalists They were in favor of the constitution, because it supported the idea of Federalism. Federalism is a system of government in which power is shared between a strong Federal (national) government, and smaller supporting State governments.

Federalists Alexander Hamilton and James Madison were leading Federalists They published a series of essays supporting the constitution known as The Federalist Papers.

Anti-federalists They opposed the Constitution saying that it did not guarantee the rights of the people. They distrusted a strong national (federal) government. Thomas Jefferson and Patrick Henry were leading Anti-Federalists Many Anti-federalists began to express their views in pamphlets and newspapers.

Federalists vs. Anti-federalists 1. supported a strong National (federal) government 2. favored dividing power into three branches 3. wanted an executive (President) Anti-federalists 1. wanted important powers to remain with the states 2. feared one person having too much power. 3. wanted a Bill of Rights added to the Constitution

Ratification When the Constitution went to the states for ratification, there were many arguments. Anti-federalists wanted a Bill of Rights added to the Constitution that defined people’s rights. When the Federalists agreed to add a Bill of Rights to the Constitution, the states all agreed to ratify the Constitution.

Ratification The lasts states ratified the U.S. Constitution in 1789. Congress added the first 10 amendments to the Constitution in 1791. These first 10 amendments became known as the Bill of Rights. The Bill of Rights explains what the government can NOT do.

Bill of Rights 1st Amendment- Freedom of Speech, Press, Religion & Assembly 2nd Amendment- Right to Bear Arms 3rd Amendment- No quartering of troops in citizens homes 4th Amendment- No Search & Seizure without a warrant 5th Amendment- Right to Due Process, not to be tried twice for same offense and you can’t testify against yourself

Bill of Rights 6th Amendment- Right to a Speedy and Public Trial 7th Amendment- Right to a Trial by Jury 8th Amendment- Right not to have excessive bail or punishment 9th Amendment- Rights of the people 10th Amendment- Rights left to the States to decide

The Constitution along with its Bill of Rights answered all of the grievances (complaints) that had been listed in the Declaration of Independence, such as:…

Grievances Answered in the Bill of Rights Grievances in the Declaration Of Independence: Taxation without representation king has absolute power Colonists not allowed to speak out against the king Quartering Act forced colonists to house British soldiers Colonists homes could be searched without any kind of warrant Colonists were not allowed a trial with a jury of their peers Answered in the Constitution All states are represented in Congress Congress has the power to override a presidential veto 1st amendment-Freedom of speech 3rd amendment-No quartering of troops 4th amendment-No unwarranted search or seizure 6th amendment-Speedy and public trial, by an impartial jury. 7th amendment –Right to a trial by jury of peers.