1. STANDARD VUS.5
Daniel Shay

2. 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.

3. 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.

4. 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

5. Lee Anderson 2010

6. 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!

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

8. 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

9. 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

10. 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

11. 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

12. 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.

14. 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.

15. 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.

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

17. 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.

18. 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.

19. 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

20. Lee Anderson 2010

22. 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.

23. 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.

24. 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

25. Marbury v. Madison- 1803- Judicial review
Judiciary Act of required the SC to deliver paper (appointments)
Unconstitutional
McCulloch v. Maryland “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 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……

26. 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

27. 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.

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

29. 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?

30. 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.

31. 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

32. 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

33. 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

34. 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