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Day 1 Review

The Articles of The Articles of Confederation Confederation

Why did the Founding Fathers Choose a Confederation plan of

government?

Why Did the Founding Fathers believe the Articles needed to be replaced by the US Constitution?

The Articles of The Articles of Confederation Confederation America’s 1st Constitution 1781-1789

The first system of government designed by the Founding Fathers was a Confederation. Under a Confederate

system, the National or Central Government is given only a few powers, while most of the power is reserved for

the States.

The Articles of The Articles of Confederation Confederation America’s 1st Constitution 1781-1789

The Articles had 2 major achievements:

1)Bringing the Revolutionary War to a successful conclusion

2) North West Ordinance (plan for governing the western lands)

The Articles of The Articles of Confederation Confederation

Congress was given Congress was given the power to:the power to:

America’s 1st Constitution 1781-1789

Declare War &

Establish an Army/Navy

No Power to Draft Soldiers

The Articles of The Articles of Confederation Confederation

Congress was given Congress was given the power to:the power to:

America’s 1st Constitution 1781-1789

Make Peace & Sign Treaties

No Power to Enforce Treaties

The Articles of The Articles of Confederation Confederation

Congress was given Congress was given the power to:the power to:

America’s 1st Constitution 1781-1789

Borrow Money No Power to Collect Taxes

from the States

The Articles of The Articles of Confederation Confederation

Congress was given Congress was given the power to:the power to:

America’s 1st Constitution 1781-1789

Organize a

Post Office

The Articles of The Articles of Confederation Confederation

Congress was given Congress was given the power to:the power to:

America’s 1st Constitution 1781-1789

No Chief Executive

No national court system

No Power to Regulate Interstate Commerce

No National Currency

Difficult to Pass laws (2/3 vote)

The Articles of The Articles of Confederation Confederation

Congress was given Congress was given the power to:the power to:

America’s 1st Constitution 1781-1789

Difficult to Amend

(unanimous vote needed to change the

articles)

The Articles of The Articles of ConfederationConfederation

• Congress given the power to:

• Declare War• Make Peace• Sign Treaties• Borrow Money • Establish an Army &

Navy• Organize a Post

Office

• No Chief Executive• No National Court System• No Power to Draft Soldiers• No Power to Control Interstate

Commerce• No Power to Enforce Treaties• No Power to Collect Taxes from

the States• Difficult to Pass Laws (2/3 vote)• No National Currency• Difficult to Amend • (Unanimous Vote Needed to

Change Articles)

ConclusionConclusion

They feared that a strong central government would create tyranny, and stamp out the peoples natural

God given rights.

Why did the Founding Fathers Choose a Confederation plan

of government?

ConclusionConclusion

Why Did the Founding Fathers believe the Articles needed to be replaced by the US Constitution?

The nation needed to function as ONE united country & not 13 small

unorganized nations.

Shay’s rebellion proved the need to strengthen the government.

The United States Constitution

For Kids

Constitution DaySeptember 17

http://www.usconstitution.net/constkidsK.html

The law is the set of rules that we live by. The

Constitution is the highest law. It belongs to the United States and all Americans.

The Constitution says how the government works. It creates the President. It creates the

Congress. It creates the Supreme Court.

The Constitution was written in 1787. Yes, it is over 200 years old.

This is a picture of

the Constitution

In 1787, a group of men met to write the Constitution. They did not like the way the country was

going. They fixed it by creating the Constitution. We call these men

The Framers.

The Constitution gives us rights. Rights are things that all people have just because they are alive. The Bill of Rights is a part of the

Constitution.

It gives us rights like freedom of speech and freedom of the press.

The Bill of Rights is very important. It protects

important ideas. It protects your right to say what you want. It gives rules for the police. It lets you gather

with your friends to talk and protects your home. The Bill

of Rights keep Americans safe.

22

Who determines what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning.

• The Supreme Court balances the rights of the individual with the needs of society.

The Bill of RightsThe First 10 Amendments to the Constitution

• Take notes on the slides as they appear.

• Draw pictures to represent at least five of the amendments.

1st Amendment• The 1st Amendment guarantees

five rights = freedom of religion, speech, the press, assembly, and petition to the government.

• This means that we all have the right to:

• practice any religion we want to• to speak freely• to assemble (meet)• to address the government

(petition)• to publish newspapers, TV, radio,

Internet (press)

25

Which right is this?Individuals can…

• Say any political belief• Protest (without getting out of control)• Say things about someone that are true• Burn the flag• Say racist and hate

slogans• “this means

someone might say something you disagree with.

26

That’s right it’s Freedom of Speech

• “Congress shall make no laws . . . abridging the freedom of speech.”

• Limits:– Threaten to blow up airplanes, schools, or the

president– Sexual harassment– Create too much social chaos– Extremely crude language in a public forum– Disrespectful, vulgar language in schools– Hate crimes

Which right is this?

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

That’s right it’s Freedom of Religion

• Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of.”

• “Two clauses:

–Establishment clause

–Free Exercise clause

29

Establishment and free exercise clause often conflict with each

other. • In schools, the

religion issue is most prevalent.

• A student may raise her hand and say, “Teacher, can we say an opening prayer before this test?”

• If the teacher says: – “Yes,” it looks like

establishment of religion.

– “No,” it is denying a student free exercise.

30

Establishment Clause:

Government cannot

promote religion.

The separation of church and state is a basic principle of the US Constitution.

31

Free Exercise: People

Can Cannot• Choose any religion• Lead a prayer in

most instances• Ask questions about

religions

• Break the law and claim it is religious belief

• Raise children without education

• Deprive children of basic needs

32

Establishment Clause: Government

Cans Cannot• Teach about

religions in school• Allow voluntary

prayer in many instances

• Transport students to a religious school

• Read Bible for culture or literacy content

• Set a state religion • Cannot order prayer• Teach religious

doctrine in the school

• Pay seminary or religious school teachers

• Teach creationism

33

Freedom of the Press: The Press

Can Cannot• Print any political

position• Make fun of people,

especially politicians• Expose wrongs by

the government• Say things you

might not agree with

• Libel– intentionally injuring a person’s reputation by false facts

• Disclose classified government secrets

• Detail how to make a certain weapons

34

Freedom of the Press

• Congress shall make no law . . . abridging . . . the freedom of the press.”

35

Freedom of Assembly

• Congress shall make no law . . . Abridging . . . The people to peaceably assemble.”

36

Freedom of Assembly: People

Can Cannot• Protest

• Parade (with a permit)

• Parade chanting hate slogans

• Gather in public

• Protest by throwing rocks and breaking windows

• Hang out (loiter) on private land without owner’s permission

37

Petition the Government

• “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances.”

38

Petition the government

• You may sue the government for wrongs.

• You cannot be punished for exposing wrongs by the government.

• The courts decide the wrongs.

2nd Amendment

• The 2nd Amendment protects the right to bear arms, which means the right to own a gun.

40

2nd Amendment: Right To Bear Arms

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

41

What is the debate with the right to bear arms?

• How much can the government do to keep guns from criminals and youth?

• In order to keep guns away from criminals, does that limit the right of law abiding citizens?

42

Gun Debate Continued…

• Thousands of people die every year because of guns.

• Thousands of crimes are prevented because of guns.Shoes representing gun deaths.

Contents

3rd Amendment

• The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”

• This means that we cannot be forced to house or quarter soldiers.

4th Amendment

• The 4th Amendment protects the people from unreasonable searches and seizures.

• This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

45

Amendments 4-8 Preserve the Rights of the

Accused.

46

4th Amendment

• What does the government need in order to search your home? – Probable cause– A warrant given

by a judge

49

5th Amendment

• The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused)

• You cannot be tried for the same crime twice; that is called “double jeopardy.”

• You do not have to testify against your self. – “I plead the Fifth!” . (Self-incrimination)

• You must have due process of law before you are convicted.

• The government cannot take your land unless it pays.

6th Amendment• The 6th Amendment

guarantees a speedy trial (you can’t be kept in jail for over a year without a trial)

• The accused must be told the charges

• an impartial jury (doesn’t already think you are guilty)

• that the accused can confront witnesses against them

• the accused must be allowed to have a lawyer if they cannot afford one.

7th AmendmentCivil Trial by Jury

• The 7th Amendment guarantees the right to a speedy civil trial.

• A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.

8th AmendmentBail and Punishment

• The 8th Amendment guarantees that punishments will be fair and not cruel, and that

• AKA: No cruel and unusual punishment

• extraordinarily large fines will not be set.

AKA: No excessive bail

9th Amendment

• All rights not stated in the Constitution and not forbidden by the Constitution belong to the people.

• This means that the states can do what they want if the Constitution does not forbid it.

54

9th Amendment: Rights Reserved to the States• “The enumeration in the

Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”– Allows states to grant more rights than

given under the Constitution– Issues such as

• Gay marriage• Drinking age• Driving age• Abortion limitations

10th Amendment

• The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.

56

10th Amendment: Rights Reserved to the People

• “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.” – If the federal and state governments do not prohibit

something, than the people are allowed to do it.

The Constitution sets up the government. It is split into three parts: Congress, the President

and the courts. These three parts of government work together to

make our laws good and fair.

Today, the Constitution protects us and keeps us safe. We should

be grateful to the founding fathers and celebrate each year that we have these freedoms and rights.

The PreambleWe the people,

In order to form a more perfect union,Establish justice, insure domestic

tranquility,Provide for the common defense,Promote the general welfare and

Secure the blessings of libertyTo ourselves and our posterityDo ordain and establish this

Constitution for the United States of America.

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