1. The Constitution The Nation’s First Governments
The Road to the Constitution
The Structure of our Constitution
The Bill of Rights

2. The Nation’s First Government
Early Constitutions
States begin creating their own constitutions- detailed written plan for gov’t
Most state law making bodies (legislature) were bicameral- two houses
Most state constitutions followed the British form of gov’t

3. The Nation’s First Government
Articles of Confederation
State constitutions were weak when unified
1777- A. of C. created
A. of C. wanted to establish a “league of friendship” between states
Created the Northwest Ordinance plan for admitting states west of App. Mountains

5. The Nation’s First Government
Weaknesses of the Articles
1 house legislature
13 colonies refused to allow congress to enforce laws or to tax
Congress could as states for money, but could not demand it
9 of 13 states had to agree before a law could be ratified (approved)
All 13 states had to agree before the constitution could be amended (changed)

7. The Nation’s First Government
The Articles of Confederation Fail
After the American Revolution, US is in debt and A. of C. could not collect taxes
Riots begin to break out and the gov’t is too weak to stop them no unified army
Daniel Shays- Led armed uprising in Massachusetts when gov’t tried to take his farm away
1787- Congress meets to change the Articles

8. Road to the Constitution
The Road to the Constitution
Congress decides to get rid of the Articles of Confederation
Each state had to send a rep to the Constitutional Convention (All but Rhode Island agreed)
All delegates agree to appoint George Washington as president
Washington immediately starts making rules
At least 7 states must be present to make a decision
All decisions were decided by a majority of the vote
All meetings were to be kept a secret
Creating the Constitution
Two rival plans
The Virginia Plan (James Madison)- 3 branches of government legislative, executive, judicial
Legislature would be divided into 2 houses (bicameral) and representation would be based on population
Larger states like the VA plan
The New Jersey Plan- 3 branches of gov’t
Legislature would have only 1 house and each state would get 1 vote
Smaller states like the NJ plan

10. Road to the Constitution
Making Compromises
The Great Compromise proposed Congress have 2 houses
Senate: equal representation
House of Representatives: rep. based on population
Conflict over counting population between enslaved and free
3/5 Compromise: Every 5 slaves in the south would be counted as 3 free citizens
South wants to count slaves equally to have more power in congress
Congress decides to create an Electoral College to elect Pres. and VP a group of people from each state selects P and VP
Approving the Constitution
9 of 13 states had to approve or ratify the constitution
Two groups
Federalists: Agree with constitution
Anti-Federalists: says const. gives too much power to gov’t, does not protect individual citizens
Feds promised that if the const. passed, a Bill of Rights would be added
1788- Constitution ratified

11. Structure of the Constitution
The Structure
Provide a framework, or map, for US Gov’t to follow
Three main parts
The Preamble: Introduction
Tells why constitution was written- power comes from ppl
The Articles: Explains how the gov’t works (7 in all)
1. Article I: The Legislative Branch (lawmakers)
2. Article II: The Executive Branch (law enforcers)
3. Article III: The Judicial Branch (interpret & apply laws)
4. Articles IV-VII: states rights, Const. is supreme law of land, and ratified after 9 states approved

12. Structure of the Constitution
Amending the Constitution
Const. has been amended (changed) 27 times
The Amendment process is difficult framers wanted it that way
Framers also knew changing the const. would be necessary
Two steps to amend
Proposal- 2/3 of both houses of congress
Ratification- ¾ of the states must ratify it in state legislature
Many politicians interpret the Const. differently
Necessary and Proper Clause- Article I gives Congress power to do things not specifically mentioned in the Const.  Implied Powers
Loose vs. strict interpretation Supreme Court has final authority

14. Structure of the Constitution
Underlying Principles
Five fundamental principles
Popular Sovereignty: Power lies with the people
Rule of Law: Limit power of gov’t by applying the law to everyone
Separation of Powers: Clearly separate duties of legislative, judicial and executive branch
Checks and Balances: Each branch of gov’t is able to restrain the power of the other two
Federalism: Balance of power between State and Federal gov’t citizens must obey laws of each
Powers granted specifically to Fed Gov’t- Expressed Powers
Powers not directly given to Fed gov’t are kept by the state- Reserved Powers
When state and federal powers overlap- Concurrent Powers
Supremacy Clause: Const. trumps all Supreme Law of the Land

17. The Bill of Rights The First 10 Amendments to Constitution
First Amendment- Basic Civil Liberties
1. Freedom of Religion
2. Freedom of Speech
3. Freedom of the Press- gov’t can’t censor (ban) public opinion
4. Freedom of Assembly- gather in groups
5. Freedom to Petition- Make requests of the gov’t
** 1st Amendment Limitations: No slander (lies) or libel (printed lies) against persons, no actions that lead to crimes**
Second Amendment- Right to bear arms (carry weapons)
Third Amendment- Soldiers may not move into citizens homes without consent of homeowner
Fourth Amendment- Protects citizens against unreasonable search and seizures. Gov’t must have a search warrant

18. The Bill of Rights Fifth Amendment- Protects those accused of a crime
1. Must be indicted- formal charge
2. Entitled to grand jury- review evidence
3. No double jeopardy- can’t be charged twice for same crime
4. Everyone is entitled to due process- follow legal tradition
5. Gov’t must pay you for eminent domain- taking personal property
Sixth Amendment- Protects rights of the accused
1. Speedy and public trial
2. Entitled to a lawyer
Seventh Amendment- Right to a trial in civil cases when more than $20 involved
Eighth Amendment- Guarantees right to a speedy trial and allows accused to post reasonable bail while waiting for trial
Ninth Amendment- Guarantees there are other natural rights not in the Bill of Rights
Tenth Amendment- Any power not mentioned in the Constitution lies with the Statel Government