Title: The U.S. Constitution and the Bill of Rights
1Chapter 5
- The U.S. Constitution and the Bill of Rights
2What style of government did Americans favor?
- Democracy- people have the right to govern
themselves. - Republic- a government in which the people elect
representatives to govern - Republicanism- idea that governments should be
based on the consent of the people.
3What were the state constitutions like?
- Written set of laws.
- Limited power of government
- Guaranteed rights of citizens such as freedom of
speech, religion, and the press. - States constitutions differed from one another.
4What issues did the Continental Congress face?
- 3 issues
- 1. How much representation should each state
have in the federal government? - 2. How would the states and federal government
share power? - 3. How should the federal government govern land
west of the Appalachians?
5What was the Articles of Confederation (1781-1787)
- First form of federal government.
- Unicameral legislature with each state getting
equal representation. - No Executive (president)
- No judicial branch
- No power to tax
- Ineffective form of government.
6What was passed to settle the territories beyond
the Appalachians?
- Land Ordinance of 1785- Federal government
surveyed the land and sold it to settlers at
affordable prices.
7Northwest Ordinance of 1787
- organized land into territories and developed a
process for statehood
8What were the weaknesses of the Articles of
Confederation?
- Little to unify the country
- Larger states felt they were not represented on
the federal level fairly. - No power to tax
- Trouble with foreign nations (Britain and Spain)
- Lacked uniform currency
- No executive or judicial power
9What was Shays Rebellion (1787)?
- Showed the Articles of Confederation was weak and
ineffective. - Group of Massachusetts farmers revolted against
the state because of high taxes. - Protesters led by Daniel Shays fought the state
militia.
10Who was James Madison?
- Father of the Constitution
- Author of the Virginia Plan
- Author of the U.S. Bill of Rights
11What was the Virginia Declaration of Rights?
- Written by George Mason in 1776.
- Many statements used in the Declaration of
Independence and Madison used many ideas later in
the U.S. Bill of Rights.
12What was the Virginia Statute of Religious
Freedom?
- Written by Thomas Jefferson (1779)
- Government cannot interfere with practice of
religion - Basis for the 1st Amendment.
13What was the Great Compromise?
- Addressed the question of how states were
represented at the federal government. - Virginia Plan states represented by population.
- New Jersey Planstates represented equally.
- Great Compromise by Roger Sherman-bicameral
legislature called Congress (House of
Representatives by population and Senate- 2 per
state.
14What was the 3/5 Compromise?
- Addressed the issue of representation and
taxation of slaves as property. - Every 5 slaves was equal to 3 free persons for
representation in Congress.
15What is federalism?
- Division of powers between state and federal
government. - Delegated federal powers
- Reserved state powers
- Concurrent shared powers
16Under the Constitution, what were the 3 branches
of government?
- Legislative- makes the laws (U.S. Congress made
up of 2 houses- House of Representatives and
Senate) - Executive- enforces the laws (President and the
Cabinet) - Judicial- interprets the laws (Supreme Court)
17What are checks and balances?
- Ensures that one branch of government is not too
powerful. - All 3 branches check one another.
18What is the electoral college?
- Each state has a number of electors equal to the
number of members in Congress for Presidential
elections. - This was put in place so average people would not
have too much power. - Many think today we have moved passed the
electoral college.
19What is ratification?
- Official approval of the state to accept the
Constitution. - In order for an amendment to pass 9 out of 13
states had to agree. - George Washington- Chairman of the Constitutional
Convention.
20Who were the Federalists?
- George Washington, John Jay, James Madison, and
Alexander Hamilton. - Thought that people could not be trusted.
- Did not need a U.S. Bill of Rights because states
have own constitutions. - Federalist Papers- written to support
Constitution (Hamilton, Jay, and Madison.
21Who were Anti-Federalists?
- Mostly rural America, farmers.
- Led by Patrick Henry, Thomas Jefferson, and Sam
Adams. - Wanted a U.S. Bill of Rights
- States rights
- Richard Henry Lee- Letters from a Federal Farmer,
basic rights should be protected.
22What was the Bill of Rights?
- First ten amendments added to the Constitution.
(Anti-Federalists wanted this!) - Written by James Madison
231st Amendment
- Protects freedom of religion, press, speech,
right to assembly, and right to petition the
government. - Many court cases are about this amendment and its
protections.
242nd Amendment
- Right to bear arms (weapons)
- Controversial amendment
- Debated often be NRA and gun rights activists.
253rd Amendment
- No quartering of soldiers in peacetime.
264th Amendment
- Protection and against unreasonable searches and
seizures. - Need warrant or probable cause
275th Amendment
- Criminal rights
- No double jeopardy
- Indicted by grand jury
- Dont have to testify against yourself (plead the
5th) - Eminent domain
286th Amendment
- Criminal rights
- Trial by Jury
- Speedy and public trial
- Able to confront witnesses
- Right to an attorney
297th Amendment
- Trial by jury in civil court cases (money
decisions, not criminal)
308th Amendment
- No cruel or unusual punishment and no excessive
fines or bail. - The death penalty is debated under this amendment.
319th Amendment
- Any rights not in specifically denied in the
Constitution are given to the people. - Example Right to privacy (Example legalization
of abortion both 9th and 14th)
3210th Amendment
- The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.