The Constitution

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The Constitution

• Chapter 5
• What led to the creation of the United States
  Constitution, and what are its key principles?

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Why do we need a federal government?

• 1. On what occasions, or for what reasons, do
  people turn to the federal government?
• 2. What do people expect the federal government
  to do to help after natural disasters?

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A Confederation of StatesSection 1

• What form of national government did the Patriots
  create initially, and what events revealed that a
  new government was necessary
• Terms and People
• republic Northwest Territory
• unicameral legislature bicameral
  legislature
• Articles of Confederation John Dickinson
• federal Shays Rebellion
• Land Ordinance of 1785
• Northwest Ordinance of 1787

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After the American Revolution
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George Washington

• After the Revolutionary War ended, Washington
  gave up command of the army and went home
• The years after the American Revolution were
  difficult due to disorganization and economic and
  political problems.
• Strong state governments versus strong central
  government?
• Nationalists wanted a stronger national
  government, while other people wanted to block
  any attempt to form a strong central government.

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Problems

• Wealthy, educated gentlemen felt ordinary
  citizens had too much power
• Economic problems debt of 50 million, owed by
  states and national governments
• Excessive debt resulted in inflation, heavy taxes
  on goods going to other states, powerful state
  legislatures

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The 1st attempt at a national government
Articles of Confederation Government 1781-1789
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Early Government

• 13 separate states
• Confederation an alliance of separate
  governments that work together
• Democracy a government by the people
• People wanted a republic a government run by the
  people through their elected representatives

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State Constitutions

• Most had strong governors with veto power.
• Most had bicameral legislatures.
• Property required for voting.
• Some had universal white male suffrage.
• Most had bills of rights.
• Many had a continuation of state-established
  religions while others disestablished religion.

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Federalist vs. Anti-FederalistStrongholds at the
End of the War
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Occupational Composition of Several State
Assembliesin the 1780s
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• No Chief Executive
• Each state had one vote in Congress
• Laws needed approval by 9 of 13 states
• Congress did not have the power to tax
• Congress could not draft an army
• No national court system
• Any changes (amendments) to the Articles required
  a unanimous 13 vote
• Congress did not have the power to collect states
  debt owed to national government
• Congress did not have the power to settle
  disputes among states

FEATURES OF THE ARTICLES OF CONFEDERATION
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Analyzing the Articles of Confederation

• Why was this included?
• Did not want to have another powerful executive
  like King George
• Wanted to protect Individual States power, feared
  a strong central government
• Fear of being unfairly taxed as they had been by
  the British
• Fear of a central government with a strong army
  that might take away rights
• Fear of a central Government with a court system
  that might be unfair to states
• Wanted to make sure states had a strong say in
  the shaping of our government
• Fear of a strong central government that could
  force states to pay for things they did not want
• Wanted states to have ultimate authority in
  resolving disputes

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Weaknesses of theArticles of Confederation

• Created a loose confederation of strong state
  governments
• A unicameral Congress 9 of 13 votes to pass a
  law.
• 13 out of 13 to amend.
• Representatives were frequently absent.
• Could not tax or raise armies.
• No executive or judicial branches.

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Land Ordinance of 1785

• Law passed by Congress that developed a system of
  dividing the lands northwest of the Ohio River,
  known as the Northwest Territory
• It divided the land into 36 square mile townships
• Each section of a township was 1 square mile or
  640 acres and sold for a minimum of 1.00 an acre
• A typical farm was 160 acres

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Land Ordinance of 1785
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Northwest Ordinance of 1787 Plan for governing
western lands

• One of the major accomplishments of the
  Confederation Congress!
• Statehood achieved in three stages
• Congress appointed 3 judges a governor to
  govern the territory.
• When population reached 5,000 adult male
  landowners ? elect territorial legislature.
• When population reached 60,000 ? elect delegates
  to a state constitutional convention.

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Northwest Ordinance of 1787

• Law that stated how new states would be created
  out of the territory
• Ohio 1803
• Indiana 1816
• Illinois 1818
• Michigan 1837
• Wisconsin 1848
• Congress would appoint a territorial governor and
  judges
• When a territory had 5000 voting residents, they
  could write a temporary constitution and elect a
  government
• When a territory had 60,000 in population, they
  could write a state constitution, which had to be
  approved by Congress

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Note Taking Reading Skill Identify Main Ideas
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Annapolis Convention (1786)

• 12 representatives from 5 statesNY, NJ, PA, DE,
  VA
• GOAL ? address barriers that limited trade and
  commerce between the states.
• Not enough states were represented to make any
  real progress.
• Sent a report to the Congress to call a meeting
  of all the states to meet in Philadelphia to
  examine areas broader than just trade and
  commerce.

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Shays Rebellion 1786-1787

• Daniel Shays
• Western MA
• Small farmers angered by crushing debts and taxes.

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Shays Rebellion

• To repay war debt, Massachusetts passed highest
  tax ever to be paid in specie
• Specie gold or silver coin worth more than
  paper money
• Farmers in western part hit hardest because
  courts seized their possessions
• Daniel Shays, war vet, led a rebellion that drove
  off tax collectors and forced courts to close

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Shays Rebellion 1786-1787
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Shays Rebellion

• Fighting broke out, but Congress had no money for
  an army
• The state government finally gathered an army and
  quieted the rebellion in January 1787
• Demonstrated that rebels would defy any
  government if it acted against peoples wishes
• Many farmers left for Vermont or New York
• Shays, sentenced to death, eventually gets freedom

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There could be no stronger evidence of the want
of energy in our governments than these disorders.
-- George Washington
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Results of Rebellion

• Need to strengthen the national government to
  avoid civil unrest
• May 1787 convention in Philadelphia 12 states
  (Rhode Island did not come)

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Nationalists

• Nationalists were men who wanted to strengthen
  the national government
• Washington, Franklin, James Madison, and
  Alexander Hamilton were famous nationalists
• Believed that America was a model for the world

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The Case For A New Constitution
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Constitutional Convention

• Philadelphia 1787 - Independence Hall
• opened on May 25, 1787
• convention of the well bred, well fed, the well
  read, and the well-wed.
• lawyers, landowners, planters
• educated
• MIA - Thomas Jefferson and John Adams
• James Madison - Father of the Constitution

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Foundations of the Constitution

• League of Iroquois - state governs own affairs
  but unites for defense
• Magna Carta - limit power of governor
• Parliament - 1st representative legislature
• John Locke - basic human rights protected
• Montesquieu - separation of powers

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Drafting the ConstitutionSection 2

• What new system of national government did the
  delegates agree upon at the Constitutional
  Convention of 1787?
• Terms and People
• Alexander Hamilton Great Compromise
• James Madison federalism
• Virginia Plan New Jersey Plan
• Three-Fifths Compromise

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Constitutional Convention

• First met in Annapolis in 1786
• 55 men met in May 1787 in Philadelphia to revise
  the Articles of Confederation
• Every state sent delegates except Rhode Island
• George Washington elected president of the
  Convention
• Wrote the U.S. Constitution

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James Madison

• Educated man who studied for a year about how to
  craft a new government
• College of New Jersey (Princeton) shy man
• He believed that people are naturally selfish and
  that man could control himself through a proper
  government.
• He believed that a proper government required a
  Constitution.

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Divisions Among Men

• Disputes among states and violence such as Shays
  Rebellion raised fears that the fragile nation
  might collapse
• Choice
• to amend or revise the Articles of
  Confederation or to form a new government
• James Madison brought a plan with him

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Constitutional Convention

• Madison had spent a year studying books on
  history, government, and law
• James Madison kept a record of the proceedings.
  He will become president in 1809. He is known as
  the Father of the Constitution.

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The Virginia Plan

• Edmund Randolph of Virginia called for a
  bicameral legislature
• The number of representatives would be based on
  population
• Critics of the plan were concerned that a strong
  President would gain king-like power

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Provisions of Virginia Plan

• 1. Added powers, including the right to tax to
  raise revenue and the right to regulate foreign
  and interstate commerce
• 2. Veto power over any state legislature
• 3. The proposed government would have three
  branches executive, legislative, and judicial
• The states with large populations supported the
  Virginia Plan

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New Jersey Plan

• Proposed by William Paterson of New Jersey and
  favored by small states
• 1. Would give Congress the power to tax and
  regulate foreign and interstate commerce
• 2. Would create executive and judicial branches
• 3. Would give every state an equal vote in a
  unicameral Congress

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The Great Compromise

• Created a legislative branch of 2 houses Senate
  with two representatives per state, and a House
  of Representatives, with seats based on each
  states population

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Diagram Compromise Leads to a Plan of Government
Compromise Leads to a Plan of Government
DIAGRAM
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Three-Fifths Compromise

• Question of how to count slaves to determine a
  states population?
• If all slaves were counted, the Southern states
  would be very powerful if none counted the
  Southern states would be very weak
• Compromised to count three-fifths of a states
  slave population to determine representation
  resulted in more representation for southern
  states

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Transparency Dissenters to the Constitution
Dissenters to the Constitution
TRANSPARENCY
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Lasting Document

• September 17, 1787, final draft approved
• Specific enough to not be misinterpreted
• Flexible enough to adapt to social, economic,
  political, and technological changes
• Amended just 27 times
• Many nations have modeled their governments after
  our Constitution

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Inspiration

• We the People of the United States, in Order to
  form a more perfect Union, establish Justice,
  insure domestic Tranquility, provide for the
  common defence, promote the general welfare, and
  secure the Blessings of Liberty to ourselves and
  our Posterity, do ordain and establish this
  Constitution for the United States of America

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PREAMBLE a preliminary statement of purpose

• Preamble (Goals)
• Form a more perfect union
• Establish justice
• Ensure domestic tranquility
• Provide a common defense
• Promote general welfare
• Secure liberty

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3 Branches Today

• Legislative Congress, makes laws
• Executive President, enforces laws
• Judicial courts and judges who interpret laws
• Constitution Plan of government that describes
  the different parts of the government and their
  duties and powers

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Federal Government

• Power is shared among state and national
  authorities
• Reserved Powers reserved for the states
  exampleeducation
• Delegated Powers powers delegated to the federal
  governmentdeclaring war
• Concurrent powers federal and state governments
  hold powerstaxation

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Federal System
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Separation of Powers

• Legislative, executive, and judicial branches
  would all have their own areas of authority
• Checks and balances each branch checks or stop
  others
• The Senate is more removed from people
• Senate give advice and consent to President
• House bills regarding taxes introduced there

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Separation of Powers (Defines responsibilities
for each branch) Checks and Balances
P.136 in Text
Can remove president from office Can Override
Presidential Veto
Executive Branch President Carries out the Laws
Legislative Branch Congress Makes the Laws
Can veto acts of congress
Can declare acts unconst
Can refuse to approve judges
Can appoint judges to Supreme Court
Can declare acts unconstitutional
Vocabulary Federalism Reserved Powers Delegated
Powers Concurrent Powers
Vocabulary Veto Override Impeach Electoral College
Judicial Branch Supreme Court Interprets Laws
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Congress

• House determined by population representatives
  serve two-year terms makes them more responsible
  to the people
• Senate elected by state legislatures, not
  voters serve six-year terms every two years,
  only 1/3 are up for elections give advice and
  consent to the president

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Congress

• Only Congress can
• Coin money
• Declare war
• Raise an army, provide a navy
• Regulate commerce

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Elastic Clause

• Make all Laws which shall be necessary and
  proper for carrying into Execution the foregoing
  Powers, and all other Powers vested by this
  Constitution of the U. S
• U.S. Constitution, Article 1, Section 8, Clause
  18
• Congress would have the authority to pass any
  laws necessary to carry out its duty

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President

• Executive officer
• Commander of the armed forces
• Power to veto acts of Congress
• Term of four years could be reelected
• The President is limited to two terms today
• (22nd Amendment, 1951)

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President

• Chosen by a vote of electors from each state
  indirect election
• Electors equal same number as in Congress
• Electoral College
• The House of Representatives would make the
  decision if there was no clear winner with each
  state getting one vote.
• This situation occurred in 1800 and 1824.

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Federal Courts

• National court system members chosen by the
  President with advice and consent of the Senate
• President chooses the judges
• Judges hold office for life
• Supreme Court details are left vague in the
  Constitution Congress developed the federal
  court system

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Constitution

• Writing of the Constitution finished in 1787
• Required the approval of nine of the thirteen
  states

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Ratifying the ConstitutionSection 3

• How did Americans ratify the Constitution, and
  what are its basic principles?
• Terms and People
• ratification popular sovereignty
• Federalist limited government
• Antifederalist separation of powers
• The Federalist checks and balances
• John Jay electoral college
• Bill of Rights

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Note Taking Reading Skill Identify Main Ideas
Reading Skill Identify Main Ideas
NOTE TAKING
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Vocabulary

• Ratify to approve 9 of 13 states had to approve
  it
• Federalists supporters of the Constitution
  during the debate over its ratification favored
  a strong central government
• Antifederalists An opponent of the Constitution
  during the debate over ratification opposed the
  concept of a strong central government
• Faction a group that is concerned only with its
  own interests
• Bill of Rights the first ten amendments to the
  Constitution
• Federalism state and national governments share
  power

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Federalists

• Wanted the Constitution to provide a strong
  central government
• George Washington, James Madison, and Alexander
  Hamilton

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The Federalist

• Articles that appeared in New York newspapers in
  1787 1788
• Written by Hamilton, Madison, and John Jay
• The Federalist, No. 10, written by Madison,
  stated that no one group or faction could control
  the government due to the size of the United
  States.
• The purpose of the essays was to persuade the New
  York State convention to ratify the Constitution

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Antifederalists

• Opposed the Constitution believed that the
  Federalists plan threatened state governments
  and the rights of individuals by concentrating
  too much power in the hands of a few
• Patrick Henry no real plan
• People in more isolated regions had less need for
  a strong national government
• Feared that a President would be like a king

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Antifederalist vs. Federalist Factions

• Antifederalist concern
• Constitution will give national govt too much
  power
• President will be just like a king
• Individual liberties will be threatened by a
  powerful govt
• Federal govt could come under control of one
  powerful faction

• Federalist response
• enough power to solve the countrys problems
• system of checks and balances will limit
  presidents power
• Bill of Rights will protect citizens freedom
• Country is too big to be dominated by on faction

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Why The Federalists Won

• 1. The Federalist Papers
• written to persuade the NY state assembly to
  ratify the Constitution
• 2. Focused on the serious flaws of the Articles
  of Confederation
• 3. The Federalists were united around a plan -
  The Constitution
• 4. Well organized national group
• 5. George Washington

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Ratification

• Delaware, New Jersey, and Connecticut ratified
  quickly (small states who would benefit from a
  strong central government)
• Georgia (feared a war with Native Americans) and
  Pennsylvania (whose leaders were Federalists)
  all signed right away
• Massachusetts, Maryland, South Carolina, and New
  Hampshire ratified by June, 1788.
• Had the necessary nine states, but wanted
  Virginia and New York, two large states

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Transparency Ratification of the Constitution
Ratification of the Constitution
TRANSPARENCY
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Ratification

• December 15, 1791, the states ratified the ten
  amendments
• Virginia and New York ratify the Constitution
  during the summer of 1788.
• North Carolina and Rhode Island both initially
  reject the Constitution, but then ratify it to
  make it unanimous 13 states sign.

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Bill of Rights

• Federalists agreed to a bill of rights
• 1st ten amendments to the constitution
• 1st - freedom of speech, press, assembly,
  petition, religion
• 2nd-4th - right to bear arms, no lodging troops,
  no illegal search and seizure (these amendments
  came from British abuses)
• 5th-8th - protects citizens accused of crimes
• 9th and 10th - limits powers of government
  (protects people and state governments)

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Bill of Rights

• First ten amendments to the Constitution
  convinced reluctant states to ratify the
  Constitution. The ten amendments were ratified
  and took effect on December 15, 1791
• Thomas Jefferson wanted the Bill of Rights. He
  had been in Paris as ambassador and sent letters
  regarding his support.
• Jefferson wanted unalienable rights expressed
  in the Declaration written into the Constitution
• Page 142 lists the 10 amendments.

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The New Government
THE BIG IDEA George Washington had to establish
the Executive Branch of the new government.
Thomas Jefferson Secretary of State Past
Experience Main writer of the Declaration of
Independence, Ambassador to France
John Adams Vice-President Past Experience
Revolutionary Leader, Lawyer, influential
Federalist
George Washington President Past Experience
Commander of the Continental Army, President of
the Constitutional Convention
Alexander Hamilton Secretary of Treasury Past
Experience Personal Aide to Washington, author
of many Federalist Essays
Henry Knox Secretary of War Past Experience
General in Continental Army, Sec. Of War under
Articles