Creating the Constitution

Articles of Confederation In 1777, the Continental Congress drafted the original constitution, known as the Articles of Confederation. The fledgling government under the Articles of Confederation found itself facing a host of difficulties and many believed a stronger national government was the solution.

Why were the Articles of Confederation so weak? What we didn’t like about the British... Taxation without representation Large central government (monarchy) had all the power States always had to listen to the king All power was in the King’s hands. King could change the rules/laws any time So the Articles of Confederation… Federal government could not tax States didn’t have to follow laws and treaties. States had their own laws and didn’t have to follow any other states’ laws No executive branch or national court system. Any amendment required all 13 states

What’s the Problem? Federal government could not tax; very difficult to raise money. States didn’t have to follow laws and treaties. Each State had its own laws. No executive branch or national court system. Any amendment required all 13 states, so very difficult to modify.

Northwest Territory Under the Articles of Confederation Congress Creates a Plan for Western Lands Main Idea: The national congress created plans for settling and governing the Northwest Territory. By selling this land to speculators and farmers, the Congress hoped to raise revenues and extend America’s republican society westward. Northwest Ordinance of Established a process by which new territories in the West could become states 1) Congress appoints a Territorial governor and judges 2) When a territory had 5,000 registered voters, settlers could write a temporary constitution and elect their own government. 3) When total population reaches 60,000, settlers can write a state constitution, approved by Congress before granted statehood

Sec 1: A Confederation of States (con’t) Shays’ Rebellion Daniel Shays a former Revolutionary Army captain, led a rebellion by farmers against unsettled economic conditions which were unfair to farmers and working people. Taxes were to be paid in gold or silver coin – rather than paper money. The rebellion demonstrated to many prominent Americans that action had to be taken to strengthen the national government A Confederation of States (continued…)

The Constitutional Convention Articles of Confederation needed revisions. Philadelphia, May 1787 The delegates of 12 states met to design a new and improved plan of government. Before a constitution could be written and approved, the delegates needed to come to an agreement about what it should contain.

James Madison William Patterson John Dickenson

Compromise Was Necessary The delegates were far from a unanimous decision concerning a structure of a new government. The Great Compromise, which drew points from both the Virginia and New Jersey plans, outlined a potential solution.

Anglo representation 5/5 Slave representation 3/5 Settling Differences Three – Fifths Compromise – An agreement to count three-fifths of a state's slaves in apportioning Representatives.

Federalist vs. Anti-Federalists Two groups quickly emerged in the debate over the Constitution: the Federalists who favored ratification of the Constitution (Washington, Madison, Hamilton) Anti-federalists (Sam Adams, Hancock, Patrick Henry) who opposed it. 9 of the 13 states needed to vote for the new constitution

Compromise – The Bill of Rights Bill of Rights- a formal summary of citizens’ rights and freedoms Was a strong Anti-Federalist argument Why People Demanded a Bill of Rights? Feared a strong central government Federalists yielded to people’s overwhelming desire and promised to add Bill of Rights On September 25, 1789, the Bill of Rights passed both houses of Congress December 15, 1791 the amendments had been ratified by 3/4th of the states

Principles of the New Constitution Main Idea: The Republic established by the Constitution of the United States became a symbol of freedom to countries around the world.

In Class Activity Read the Bill of Rights and be prepared to answer the following questions: Page What rights are protected by each amendment? What is an example of a way in which each right could be violated? Is it ever okay to violate any of these rights? Americans are very aware of the rights they have. Which of our rights is most important, in your opinion and why? Amendments – HW Select one of these rights and write a paragraph describing the way that American society would be different if this right was not guaranteed by the Constitution

Amendments #1-10 Bill of Rights 1 st Speech, Press, Religion, Assembly, Petition 2 nd Right to Bear Arms 3 rd Quartering of Troops 4 th Search and Seizure, Warrant

Amendments #1-10 Bill of Rights 5 th –8 th Amendments Guarantees fair treatment of those accused of crimes 5 th Self incrimination 6 th Speedy Trial 7 th Jury of Peers 8 th Cruel and Unusual Punishment 9 th Amendment people’s rights not restricted to just those specifically in Constitution 10 th people and states have all the powers not given to the federal government