Chapter 5 The Constitution of the United States

SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. A. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government. B. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. C. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery. D. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

Read p & answer the following questions as you read: 1. Why was Daniel Shays angry after the Revolutionary War? 2. When did Shays Rebellion begin? 3. Why was the new nation’s reputation at risk because of Shays Rebellion? 4. Why were severe limits placed on the new U.S. government? 5. What happened to the U.S. government as a result of Shays Rebellion?

Chp. 5 Essential Questions Explain how weaknesses in the Articles of Confederation and the rebellion led by Daniel Shays led to a call for a stronger central government. Explain how weaknesses in the Articles of Confederation and the rebellion led by Daniel Shays led to a call for a stronger central government. How has the interpretation of the Constitution and the Bill of Rights changed in order to protect liberty and order in American society? How has the interpretation of the Constitution and the Bill of Rights changed in order to protect liberty and order in American society? What are the major ideas (rights of the individual, popular sovereignty, majority rule, and minority rights) in the Constitution and Bill of Rights? What are the major ideas (rights of the individual, popular sovereignty, majority rule, and minority rights) in the Constitution and Bill of Rights?

Section 1

The war is over, what next? What war have the Americans just won? What war have the Americans just won? Revolutionary War Revolutionary War How will the new nation be run? How will the new nation be run? What kind of government will it have? What kind of government will it have? A republic or a democracy? A republic or a democracy?

Creating a new Government Why was the task of creating a new gov’t a great challenge? Why was the task of creating a new gov’t a great challenge? The relationship between new states and the national gov’t was hard to define. The relationship between new states and the national gov’t was hard to define.

Colonies into states Each individual colony had its own governor, counsel, & assembly. Each individual colony had its own governor, counsel, & assembly. People thought of each colony as a distinct, self-governing political unit. People thought of each colony as a distinct, self-governing political unit. Prior to the Revolutionary War, none of the colonies closely identified with the others. Prior to the Revolutionary War, none of the colonies closely identified with the others.

Democracy vs. Republic What is a Democracy? What is a Democracy? - Government directly by the people. What is a Republic? What is a Republic? - Government in which citizens rule through elected officials. Does the United States, have a republic or a democracy today? Does the United States, have a republic or a democracy today?

Why did many 18 th century Americans prefer a republic and not support a direct democracy? Why did many 18 th century Americans prefer a republic and not support a direct democracy? They believed it would put too much power in the hands of the uneducated, lower class. They believed it would put too much power in the hands of the uneducated, lower class.

Continental Congress The goal of the Continental Congress was to draft a national constitution that each state would have to follow. The goal of the Continental Congress was to draft a national constitution that each state would have to follow. There were lots of disagreements over the role of the new national government. There were lots of disagreements over the role of the new national government.

Three concerns of the Continental Congress Representation by population or by state? Representation by population or by state? - Each state had a different size, wealth & population. Can supreme power be divided? Can supreme power be divided? - New nation must balance concerns of state and national governments to be successful. Who has rightful claim to western lands? Who has rightful claim to western lands? - What would happen to land west of Appalachian Mountains?

Articles of Confederation Proposed by Congress at Constitutional Convention Proposed by Congress at Constitutional Convention Set the rules for the first government of the United States. Set the rules for the first government of the United States. Two levels of government with shared powers. Two levels of government with shared powers. States had certain powers not given to federal government & vice versa. States had certain powers not given to federal government & vice versa.

Articles of Confederation Powers granted to national government: Powers granted to national government: - Declare war - Make peace/sign treaties - Coin money - Est. a postal service - Deal with Native Americans Major problem with Articles of Confederation? Major problem with Articles of Confederation? No way to carry out & enforce laws of congress. No way to carry out & enforce laws of congress.

Western Lands Where are they located? Where are they located? What states occupy these lands today? What states occupy these lands today? Land Ordinance of 1785: Land Ordinance of 1785: - Est. a plan for surveying the western lands Northwest Ordinance of 1787: Northwest Ordinance of 1787: - Provides procedure to divide land into territories

More Problems With Confederation The United States lacked national unity under the Articles of Confederation. The United States lacked national unity under the Articles of Confederation. There was no way to enforce every law passed by the new congress. There was no way to enforce every law passed by the new congress. Each state was looking out for its own interests rather than cooperating a whole nation. Each state was looking out for its own interests rather than cooperating a whole nation. What power did Congress not have? What power did Congress not have? Congress was not able to collect taxes to pay off debts. Congress was not able to collect taxes to pay off debts.

Why did the United States want to avoid creating a strong national government after the Revolutionary War? Why did the United States want to avoid creating a strong national government after the Revolutionary War? What problems could arise in a nation where the states, not the national government hold supreme power? What problems could arise in a nation where the states, not the national government hold supreme power?

Interstate Trade Convention The Annapolis Convention What two leaders called this meeting? What two leaders called this meeting? - James Madison & Alexander Hamilton This meeting led to the convention that was supposed to modify the Articles of Confederation. This meeting led to the convention that was supposed to modify the Articles of Confederation. - What happened to the Articles of Confederation at this convention? - The Articles of Confederation is abandoned.

Shays’ Rebellion Led by Daniel Shays Led by Daniel Shays Veteran of Revolutionary War who had acquired a large debt Veteran of Revolutionary War who had acquired a large debt Led an angry mob in protest against the Massachusetts state government. Led an angry mob in protest against the Massachusetts state government. Government could not quickly put down rebellion. Government could not quickly put down rebellion. It was apparent that a strong national government was needed. It was apparent that a strong national government was needed.

Section 2

Conflict Leads to Compromise Constitutional Convention The Articles of Confederation is abandoned. The Articles of Confederation is abandoned. The United states will have a new government based on the Constitution that is produced from this convention. The United states will have a new government based on the Constitution that is produced from this convention. Main conflicts at the Constitutional Convention: Main conflicts at the Constitutional Convention: 1. Big States vs. Small States 2. Slavery

The Great Compromise How to give fair representation to big and small states? How to give fair representation to big and small states? - VA plan - NJ plan Great Compromise proposed a two house congress that would give equal powers to large and small states. Great Compromise proposed a two house congress that would give equal powers to large and small states. One house with representation by population, one house with equal representation based on statehood One house with representation by population, one house with equal representation based on statehood

Three Fifths Compromise Use p. 153 to answer the following questions Should slaves be counted as full people in the population? Should slaves be counted as full people in the population? What region said yes? - Why? What region said yes? - Why? What region said no? - Why? What region said no? - Why? More people the more representatives in the lower house of the government. More people the more representatives in the lower house of the government. Count slaves as 3/5 of a person. Count slaves as 3/5 of a person. How did this temporarily settle the political issue of slavery? How did this temporarily settle the political issue of slavery?

Creating a New Government Federalism Divides power between federal and state governments. Divides power between federal and state governments. Powers granted to federal government: Powers granted to federal government: - National defense, foreign affairs, coin money, relegate trade, collect taxes Powers granted to state government: Powers granted to state government: - Supervise education, est. marriage laws, trade between states

Section 3

Ratifying the Constitution It would take 9 of the 13 states to ratify (approve) the new Constitution. It would take 9 of the 13 states to ratify (approve) the new Constitution. How long did it take the convention to develop the new document? How long did it take the convention to develop the new document? What was the reaction of the American people? What was the reaction of the American people?

Federalists and Antifederalists Controversy over the Constitution Supporters of the Constitution were called? Supporters of the Constitution were called? - Federalists - James Madison, Alexander Hamilton, George Washington, John Adams Opponents of the Constitution were called? Opponents of the Constitution were called? - Anti-Federalists - Patrick Henry & Samuel Adams

Federalists vs. Anti-Federalists Federalists Federalists - Favored new Constitutions balance b/w states & national gov’t - What would protect Americans from tyranny? - Checks & Balances Anti-Federalists Anti-Federalists - Opposed to having a strong central gov’t - Constitution did not include specific protections for individual rights - What would be included to protect individual rights?

Ratification of the Constitution How many states were needed to ratify the Constitution? How many states were needed to ratify the Constitution? - 9 of 13 states (three fourths) - Did all thirteen original states ratify the constitution? How many are needed to amend the Constitution today? How many are needed to amend the Constitution today? - 3/4 of the 50 states

The Bill of Rights Which group thought the Bill of Rights was necessary? Which group thought the Bill of Rights was necessary? - Anti-Federalists Why? Why? - Because Constitution weakened states and did not explicitly protect individual rights.

Bill of Rights 1. Freedom of religion, speech, press, assembly, and petition. 2. Right to keep and bear arms 3. No quartering of soldiers. 4. Freedom from unreasonable searches and seizures. 5. Right to due process of law, freedom from self- incrimination, double jeopardy. 6. Rights of accused persons, e.g., right to a speedy and public trial. 7. Rights of accused persons, e.g., right to a speedy and public trial. 8. Freedom from excessive bail, cruel and unusual punishments 9. Other rights of the people. 10. Powers reserved to the states.