1. Political & Economic Conflict
Lesson 3.3: The Constitution and the Bill of Rights

2. Essential Question
How did the Constitutional Convention and the Bill of Rights display a shift in the ideals and willingness of Americans to compromise in order to create a better governmental system?

3. Activation
With a partner, list as many problems with the Articles of Confederation that you can.

4. Key Vocabulary
Electoral College

5. Road to the Constitution
By 1787, the colonists knew that the national government needed to be strengthened.

6. Constitutional Convention
What was the Constitutional Convention?
A convention held in Philadelphia’s Independence Hall in 1787.
Only Rhode Island chose not to take part.
The delegates originally planned to revise the Articles of Confederation, but realized it was best to just start over.
What they ended up doing was creating the Constitution that we have today.

7. Who was at the convention?
Fifty-five men.
They were well-educated lawyers, merchants, college presidents, physicians, generals, and governors.
Benjamin Franklin was the oldest delegate.
They formed an elite group that would organize our new Constitution.

8. What were the operational procedures during the Constitutional Convention?
Seven out of thirteen states were required to be present
A majority of votes would win.
Everything was to remain a secret.
This secrecy policy meant that no formal records were kept.

9. Creating & Ratifying the Constitution
The delegates at the Constitutional Convention were determined to create a framework of government that all states could accept.

10. Assessment Prompt 1

11. Separation of Powers
ALL agreed on having a legislative, executive, and judicial branch.
The delegates argued over the legislative branch for six weeks.

12. The Legislative Branch
Virginia Plan
Favored the large states
Wanted the legislative branch to based on population
New Jersey Plan
Favored the small states
Legislative branch would have one house
Each state would get one vote
There were two plans to be considered.

13. Constitutional Compromises
The Great Compromis e: proposed that the legislative branch have two houses.
House of Representatives
435 representatives
Based on population
Made the big states happy
Senate
100 people
Equal representation – each state had 2 representatives
Made the small states happy

14. Assessment Prompt 2
In your own words, summarize the Great Compromise and its significance.

15. What about Slavery?
How were the delegates going to calculate the state population for the House of Representatives?
Problem: The South had many slaves which gave them a larger population than the North. The North argued that since slaves could not vote they should not be counted in the Congress.
Solution: the Three-Fifths Compromise
Five slaves would count as three free people.

16. The Executive Branch How was the President going to be elected?
Problem: Some people believed that Congress should get to choose the President. Others believed that the people should vote on the President.
Solution: the Electoral College.
A group of people who would be elected by the state legislature to vote on the President.
Still used today but voters get to choose where the electoral votes go to.

17. The Electoral College
The total number of electoral votes a President can get is 538.
The person wanting to be President must win at least 270 votes.
Where does the number 538 come from?
100 senators representatives + 3 votes for DC = 538
The number of representatives a state has determines the number of electoral votes each state has.

18. Ex. North Carolina has 15 electoral votes.
NC people go to vote for President.
John Smith gets 60% of NC votes, therefore he will get NC’s 15 electoral votes.
The Electoral College Committee for NC will decide to give NC votes to John Smith.

19. Approving the Constitution
September 17, 1787: the Constitutional Convention was finished writing the United States Constitution.
It was time to get it approved by the states. However, the Constitution needed 9 of 13 votes in order to be ratified.
Yet, the public was divided….

20. Federalists Anti-Federalists Opposed the Constitution.
Supported the Constitution
Believed the Constitution would create a system of federalism.
Federalism is a form of government in which power is divided between the federal government and the states.
Wrote the federalist papers: series of essays that promoted constitution declaring we need a strong central government
Federalists
Opposed the Constitution.
Believed the Constitution gave too much power to the national government and took power away from the states. Wanted a Bill of Rights added to protect individual freedoms.
Anti-Federalists

21. Compromise:
Federalists agreed to add a Bill of Rights so the Anti- Federalists would sign the Constitution.
June 21, 1788: New Hampshire became the 9th state to ratify the Constitution.
The Constitution became the LAW OF THE LAND!

22. Assessment Prompt 3: Quick Write
Determine the accuracy of the following statement “The Constitution is, indeed, a bundle of compromises!”
Defend your answer!

23. The Bill of Rights: 1 - 5
Congress can't make any law about your religion, or stop you from practicing your religion, or keep you from saying whatever you want, or publishing whatever you want (like in a newspaper or a book). And Congress can't stop you from meeting peacefully for a demonstration to ask the government to change something.
Congress can't stop people from having and carrying weapons, because we need to be able to defend ourselves.
You don't have to let soldiers live in your house, except if there is a war, and even then only if Congress has passed a law about it.
Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason to think you have committed a crime.
You can't be tried for any serious crime without a Grand Jury meeting first to decide whether there's enough evidence for a trial. And if the jury decides you are innocent, the government can't try again with another jury. You don't have to say anything at your trial. You can't be killed, or put in jail, or fined, unless you were convicted of a crime by a jury. And the government can't take your house or your farm or anything that is yours, unless the government pays for it.

24. The Bill of Rights:
If you're arrested, you have a right to have your trial pretty soon, and the government can't keep you in jail without trying you. The trial has to be public, so everyone knows what is happening. The case has to be decided by a jury of ordinary people from your area. You have the right to know what you are accused of, to see and hear the people who are witnesses against you, to have the government help you get witnesses on your side, and you have the right to a lawyer to help you.
You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government).
The government can't make you pay more than is reasonable in bail or in fines, and the government can't order you to have cruel or unusual punishments (like torture) even if you are convicted of a crime.
Just because these rights are listed in the Constitution doesn't mean that you don't have other rights too.
Anything that the Constitution doesn't say that Congress can do should be left up to the states, or to the people.

25. Why is the Bill of Rights important??
The Bill of Rights guarantees that our “natural rights” can never be taken away, despite the fact that the Constitution calls for a strong centralized government.

26. Activity Five most important in the Bill of Rights Activity
media/finalact.htm

27. Journal
What were some of the problems of the Articles of Confederation?
What is the historical significance of Shay’s Rebellion?
Summarize the differences and similarities between the Virginia Plan and the New Jersey Plan.
What is the historical significance of “the Great Compromise”?
Why might the Constitution be considered “a bundle of compromises”?
Summarize the differences between the Federalists and the Anti- Federalists
What compromise led the ratification of the Constitution?
What is the historical significance of the Whiskey Rebellion?