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Writing the Constitution
Unit 4
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Significant Dates: 1776 - The Declaration of Independence
1787- Constitution Written Constitution Ratified Bill of Rights added to the Constitution
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Writing of the Articles of Confederation
Second Continental Congress Created a new government for the independent colonies 1st constitution in the United States
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Writing the Articles of Confederation
Included one branch 1 representative from each of the former colonies financing war treaty negotiations avoided a powerful executive
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Writing the Articles of Confederation
The Articles of Confederation was also known as a “firm league of friendship.”
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“Firm League of Friendship”
each state keeps its sovereignty, freedom and independence
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Strengths of the AOC The result of a great fear regarding a tyrannical leader (KG3) was that the states kept most of their power, while limiting the power of the federal government This is known as states rights.
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Strengths of the AOC each state had equal representation in congress
congress could make war congress could make peace; sign treaties congress could raise an army & navy congress could print money congress could set up a postal service
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Weaknesses of the AOC congress had no power to tax
no federal court system weak federal government couldn’t regulate commerce No federal leaders limited military
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Weaknesses of AOC No power to tax. This meant:
government couldn’t get revenue to pay for army and other national interests had to ask the states for money; states would ignore the plea
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Weaknesses of AOC No federal court system. This meant:
couldn’t settle disputes between states
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Weaknesses of AOC Lacked a strong federal government. This meant:
reduced the ability of the government to settle disputes over state boundaries
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Weaknesses of AOC No power to regulate commerce. This means:
couldn’t do anything about the quarrels over taxes on goods that crossed state borders
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Weaknesses of AOC No federal leader. This means:
no executive to lead the country scared of having another KG3
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Weaknesses of AOC Limited military. This means: no protection
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Shay’s Rebellion - 6 minutes
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Shay’s Rebellion proved the federal government was weak
& the federal government couldn’t keep order This meant: A stronger federal government was needed.
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Writing the Constitution
How do they strengthen the federal government? How do they address representation? How do they tackle slavery and representation?
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Writing the Constitution
Strengthening the federal government: created an executive, legislative and judicial branch
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Writing the Constitution
Representation in congress problem: The Virginia Plan- large states wanted representation to be based on population The New Jersey Plan - small states wanted equal representation between all states
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Writing the Constitution
How should slaves in the south be counted regarding population and taxation? People in the south wanted their slave population to be counted. People in the north didn’t want the slave population to be counted.
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The Great Compromise It is written in the Constitution that there would be a two house legislature.
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The Great Compromise Two House (bicameral) Legislature: This means:
House of Representatives - based on population (Virginia Plan) Senate - based on equal representation (New Jersey Plan)
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⅗ Compromise three-fifths of the slave population in the south would be counted towards: *direct taxes on the states *representation in congress
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Colonial Grievances Colonial grievances that were listed in The Declaration of Independence were addressed in The Constitution. Grievances: In The Declaration Solutions: In The Constitution
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Colonial Grievances Grievance: Taxation without representation
Solution: All states are represented in congress
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Colonial Grievances Grievance: KG3 had absolute power
Solution: Congress had the power to override the President with the power of veto
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Colonial Grievances Grievance: Colonists were not allowed to speak out against KG3 Solution: 1st amendment - Freedom of speech
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Colonial Grievances Grievance: Quartering Act forced colonists to house troops Solution: 4th amendment - No quartering of troops
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Colonial Grievances Grievance: KG3 allowed homes to be searched without a warrant Solution: 4th amendment - No unwarranted search and seizure
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Colonial Grievances Grievance: No trial by jury of peers
Solution: 6th amendment - Speedy & public trial 7th amendment - Right to a trial by jury
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Influence of ideas from historical documents on The Constitution
Magna Carta: 1215 limited the power of the king Influence on The Constitution: constitutional limits of power of the central government
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Influence of ideas from historical documents on The Constitution
English Bill of Rights: listed individual rights Influence on The Constitution: model for the Bill of Rights
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Influence of ideas from historical documents on The Constitution
Mayflower Compact:1620 written by the Pilgrims established self-government & majority rule Influence on The Constitution: self-government & majority rule
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Study!! Vocabulary test in 5 minutes!!
Set a goal and get there!! Study!! Vocabulary test in 5 minutes!!
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Get folder out. Locate Federalist/Antifederalist foldable.
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Influence of ideas from historical documents on The Constitution
Federalist Papers: supported ratification of The Constitution desired a strong central government with restricted powers Influence on The Constitution: strong central government with separation of powers and check and balances
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Influence of ideas from historical documents on The Constitution
Anti- Federalist Papers: opposed ratification of The Constitution because it didn’t include a Bill of Rights that protected individual rights Influence on The Constitution: Bill of Rights was added after The Constitution was ratified in 1791.
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Federalists argued for a stronger federal government
approved ratification of the Constitution
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Federalists Wanted a stronger government because under the Articles of Confederation, the federal government was weak. A weak national government set the United States up for failure. (Shay’s Rebellion)
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Federalists James Madison John Jay Alexander Hamilton
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Federalists James Madison: “Father of the Constitution”
helped write the Federalist Papers wrote the “Bill of Rights”
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Federalists James Madison:
wrote the first ten amendments to compromise with the Anti-federalists
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Federalists John Jay: helped James Madison write the Federalist Papers
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Federalists Alexander Hamilton:
Used the “necessary and proper clause” to justify forming a national bank He said it was necessary and proper for the United States economy to form a national bank
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Federalists Necessary and proper clause of the U.S. Constitution:
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Anti-federalists states should retain their power
believed that the Constitution should protect individual rights opposed ratifying Constitution without a Bill of Rights
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Anti-federalists Wanted the states to keep their power and avoid a powerful executive. Believed the American Revolution was fought to get away from a strong central government. (KGIII)
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Anti-Federalists Patrick Henry George Mason
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Anti-federalists Patrick Henry:
opposed the idea of a strong central government so much that he refused to attend the Philadelphia Convention He said he “smelled a rat”
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“Give me liberty or give me death”
Anti-Federalists “Give me liberty or give me death” Patrick Henry
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Anti-Federalists George Mason: anti-federalist leader
believed in restricting government power supported individual rights
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Anti-Federalists George Mason:
The reason he supported protection of individual rights was to prevent the government from abusing their power.
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Development of Religious Freedom in the United States
Plymouth Colony: self-governing churches
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Development of Religious Freedom in the United States
Plymouth Colony: Self-governing churches were significant because each church congregation was independent. Each congregation elected their own pastor and officers. Evidence of representative government developing.
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Development of Religious Freedom in the United States
17th Century Massachusetts Bay Colony: founded by Roger Williams to escape religious persecution close ties to Puritan Church fairly democratic - held some elections
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Development of Religious Freedom in the United States
Massachusetts Bay Colony: Roger Williams was banished Church was tied too closely to the state government. He wanted separation of church and state.
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Development of Religious Freedom in the United States
Rhode Island 1636: founded by Roger Williams after he was banished from Massachusetts Bay Colony there would be separation of church and state in Rhode Island
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Development of Religious Freedom in the United States
Pennsylvania : founded by William Penn established a colonial government that provided political freedom & guaranteed religious freedom
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Development of Religious Freedom in the United States
Maryland: a safe haven for persecuted Catholics became Protestants vs. Catholics led to 1649 Maryland Toleration Act
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Development of Religious Freedom in the United States
Maryland: 1649 Maryland Toleration Act - allowed religious freedom to all Christians
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Development of Religious Freedom in the United States
Virginia 1786: The Virginia Act for Establishing Religious Freedom Written by Thomas Jefferson first state to recognize church and state guaranteed the right to practice religion free from government interference
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Development of Religious Freedom in the United States
Bill of Rights 1791: guaranteed the right to practice religion without government interference. guarantees freedom from a government church (separation of church and state)
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Why is religious freedom important?
Americans can worship however they choose. This leads to a variety of peaceful worship within a community No government interference with religious beliefs No state/government churches
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Eras Constitutional Exploration Revolutionary Colonization
Warm-up: Write these in the correct chronological order in your journal. Eras Constitutional Exploration Revolutionary Colonization Important Events Bill of Rights Writing of the Constitution Declaration of Independence Ratification of Constitution
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Individual Rights protected by the Bill of Rights
1st amendment: freedom of religion, assembly, petition, press, and speech
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Why is free speech and press important in a constitutional republic?
allow for protection of individual rights free to express ideas, information and opinions that are free of government restrictions
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Individual Rights protected by the Bill of Rights
2nd amendment: the right to bear arms
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Individual Rights protected by the Bill of Rights
3rd amendment: No quartering of troops
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Individual Rights protected by the Bill of Rights
4th amendment: No illegal search and seizure
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Individual Rights protected by the Bill of Rights
5th amendment: right to due process not to be tried for the same crime twice you dont; have to testify against yourself
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Individual Rights protected by the Bill of Rights
6th amendment: right to a speedy trial right to a trial by jury right to an attorney
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Individual Rights protected by the Bil of Rights
7th amendments: right to trials by jury in civil cases
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Individual Rights protected by the Bill of Rights
8th amendment: no excessive bail or punishment
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Individual Rights protected by the Bill of Rights
9th amendment: rights of the people that are not specified in the Bill of Rights
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Individual Rights protected by the Bill of Rights
10th amendments: rights to the states
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