CHAPTER 7: THE CONSTITUTION

DO IT NOW

• With the people sitting around you answer the question: What is the purpose of a government?

DAY 2: ARTICLES OF CONFEDERATION

AFTER THE REVOLUTION

• After the Revolution, many colonists did not trust the government very much and wanted to be left alone.• Typically, they were loyal to their state rather

than the nation. Each state had its own constitution.

COUNTRIES VERSUS STATES

CONSTITUTION

• Constitution: a document that sets out laws and principles of a government.

ARTICLES OF CONFEDERATION

• The newly independent states decided to set up a government that was more or less a very loose connection of 13 independent states. They called it the Articles of Confederation.• Each state had one vote in Congress.• Congress was given 4 powers:• 1. To declare war• 2. To appoint military officers• 3. To coin money• 4. To deal with foreign affairs (aka issues with other

countries)

ARTICLES CONTINUED

• States had final authority—for Congress to act, 9 out of 13 states had to approve the action.• Congress COULD NOT regulate, or control, trade

between the states or pass laws regarding money. (Each state could make its own money and refuse to accept money from other states.)

MAJOR WEAKNESSES

• Three Major Weaknesses:• 1. No president• 2. No court system (when states didn’t get along

Congress was powerless to do anything)• 3. No way to raise money

ACTIVITY: TRADE BETWEEN STATES

• Each group will take on the role of an original state.• Each state will HAVE one resource and NEED one

resource.• Each group will have one travelling salesman who

carries one of your resource cards and tries to trade for what you need.• Since states do not accept each others money…

there is no money. You will have to try to barter (trade) for what you need.• YOU ONLY HAVE 90 SECONDS…SO GET GOING!

ARTICLES OF CONFEDERATION

• In 1781, the Articles went into effect. There were immediate problems:• Britain refused to remove troops from the Ohio River

Valley• Spain closed the port of New Orleans to American

farmers• Continental dollars worthless-states printed their own

money• Trade between states dropped

THE ARTICLES OF CONFEDERATION: 2 SUCCESSES

• 1. Land Ordinance of 1785- Divided up new lands and put them up for sale

• 2. Northwest Ordinance of 1787- set up a government in the Northwest Territory, established a process for the area to gain statehood (become states. Needed 60,000 free citizens.

FAILURE OF THE ARTICLES OF CONFEDERATION

• Farmers experienced an economic depression after the Revolutionary War. They became upset with the state taxes that were created to pay off the war debt. (Ironic!)

• This led to Shay’s Rebellion:• A group of Massachusetts farmers led by Daniel Shays tried

to capture an armory full of guns.• They were stopped by a local militia because the national

government was too powerless to stop them.• This showed many that there was a need for change with

the new national government.• Several months later, in May of 1787, delegates met in

Philadelphia to try and fix the Articles of Confederation.

DAY 5: CONSTITUTIONAL COMPROMISE

• Big Issue 1: The First Debate was over representation in the Legislative Branch. • This is the Branch that makes the laws.

BIG STATES: VIRGINIA PLAN

• Proposed by: James Madison• Government would include:• Executive Branch• Judicial Branch• A two-house (bicameral) Legislative branch• A. Upper House-the more people a state has in its population,

the more votes it gets.• B. Lower house-the more people a state has in its population,

the more votes it gets.

SMALL STATES: NEW JERSEY PLAN

• Proposed by: William Paterson • Government would include:• Executive Branch• Judicial Branch• A one house (unicameral) legislative branch. Each state

gets one vote no matter what its population is.

THE GREAT COMPROMISE

GREAT COMPROMISE

• Proposed by: Roger Sherman• Executive Branch• Judicial Branch• A Two House (bicameral) Legislative Branch

TWO HOUSE CONGRESS

• Senate: Equal Representation, each state gets 2 representatives• House of Representatives: representation

based on population, more people= more representatives

BIG ISSUE 2

• The second debate was over deciding how to count the number of people in each state to determine the population for representation in the House of Representatives.

• The Southern states wanted to be able to count their slaves. The Northern states did not agree because slaves did not have any political power and could not vote.

• The Compromise that solves this issue was the Three-Fifths Compromise. In this compromise each slave would count as three fifth's of one person. In other words three out of every five slaves would count in the population. (500 would count as 300, 5000 as 3000, etc.)

3 BRANCHES OF GOV’T

THE BILL OF RIGHTS

AMENDMENT 1: FREEDOM OF SPEECH

• Five Freedoms: Freedom of religion, freedom of speech, freedom of the press, freedom to petition, and freedom of assembly

FREEDOM OF SPEECH DISCUSSION

AMENDMENT 2: RIGHT TO BARE ARMS

• Right for people to bare arms AKA have weapons

AMENDMENT THREE: QUARTERING OF SOLDIERS

• Soldiers are not allowed to stay in people’s homes or businesses without their permission

AMENDMENT 4: SEARCH AND SEIZURES

• Prohibits unreasonable searches of property and seizures of goods or property and requires a warrant supported by probable cause.

AMENDMENT 5: RIGHTS OF ACCUSED PEOPLE

• These are the rights that person accused of a crime has: • 1. Right to remain silent—aka self-incrimination• 2. Right to not be accused of the same crime twice—aka

Double Jeopardy

AMENDMENT 6: RIGHTS BY A PERSON ON TRIAL

• Right to a fair and speedy trial and the right to have a lawyer represent them in court.

AMENDMENT 7: TRIAL BY JURY

• The right of the accused to be judged by a jury of his or her peers in court.

AMENDMENT 8: CRUEL AND UNUSUAL PUNISHMENT

• When convicted of a crime, the punishment should not be cruel or unusual for the crime committed.

AMENDMENT 9: RIGHTS OF THE PEOPLE

• People shall have all rights not specifically listed to them by the government.• Examples:• Right to get married• Right to choose your job

AMENDMENT 10: POWERS KEPT BY THE STATE OR PEOPLE

• Any power not given to the national government by the constitution is given to the state or to the people.

LIVING CONSTITUTION

A Living Constitution • Language makes it flexible to meet changing needsAmendments: Changing the Constitution to go along with the time • Elastic Clause: Article 1, Section 8, Clause 18Congress is given the power it needs to make all laws “necessary and proper" to carry out the powers of government • President's powers not clearly outlinedprecedent - what prior Presidents have doneex. Washington’s Cabinet • Judicial review: Supreme Court can decide Constitutionality of other's actions - this was established by the case Marbury vs. Madison which said that this right was implied in the wording of the Constitution.