The Constitution

Trade and Taxation

• mercantilism = an economic theory designed to increase a nation’s wealth through the development of commercial industry and a favorable balance of trade.

• French and Indian War

• French versus british. British victory

• Proclamation of 1763

• Imaginary line restricting Westward movement by the British

• Sugar Act 1764

• Sugar, wine, coffee, products commonly exported

• Stamp Act 1765

• Paper products have to be paid for, stamp as evidence

• Quartering Act 1765

• Sons of Liberty

• more active in New England

• arranged boycotts of Stamp Act goods

• First Steps Toward Independence

• Stamp Act Congress

• petitioned Parliament

• Stamp Act repealed in 1766- not because of colonists complaining but because British merchants were losing sales

• Townshend Acts

• Boston Massacre

• Committees of Correspondence = Organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British.

• Tea Act 1773

• Coercive Acts 1774

First Continental Congress = meeting held in Philadelphia from September 5 to October 26, 1774, in which 56 delegates (from every colony except Georgia) adopted a resolution in opposition to the Coercive Acts.

• organized a boycott of British goods

Second Continental Congress = Meeting that convened on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief.

• April 1775 - Lexington and Concord

• Olive Branch Petition - July 1775

• Did not work- remember why?

• 1776 - Thomas Paine and Common Sense

• Declaration of Independence

The Declaration of Independence

• John Locke’s Second Treatise on Civil government

Declaration of Independence

Thomas Paines ‘Common sense’ was popular reading

Richard Henry Lee (virginia) proposed the idea that the united states should be “free and independent”

Proposed on 07 June 1776 and after debate, approved on 02 July. Officially adopted on 04 July

Thomas Jefferson was put in charge of writing it

What were the things he wanted the most?

“Life, liberty and the pursuit of happiness” (based on?) and “inalienable rights” (based on?)

Articles Activity

Using the Articles of Confederation, look through the 12 sections (skip number 1) and

Summarize

Create a problem/ conflict that might happen because of what was written

Do not look at it from present but from the time when written

Once your group has created a list of issues, write them on a sheet of paper and trade with another group

Now, pick four identities from this list

States Rights Supporters

Big government supporter

Southern farmer

Woman

Northern upper class intellectual

Minority

Articles activity

base your answers on the society member that you chose):

Why could this potentially be a problem?

Would this potential issue compound into other problems?

What groups of society would this issue potentially impact?

Does this problem have a simple solution or need something more?

Were the Articles of Confederation a success?

• No, they failed for a few different reasons, what were they?

• Created because US political leaders were fearful of a strong central government (like England’s)

• Goal: unite colonies under a single national government

• Problem: A single constitution was tough because Americans saw themselves as state citizens, not national citizens.

• In 1777, a loose alliance of 13 states approved

Problems with the Articles

• Financial problems

• Owed money as a country but could not pay any of it back

• Congress asked for money from the states but only received about 1/6th

• Also could not support the army or the navy

• State problems

• Congress had no power over the states

• States made their own arrangements with foreign nations and Native Americans

• Why might this be a problem?

• They taxed on their own, made arrangements on their own, made their own contracts, issued their own money

• There was no overarching court so decisions werent honored across borders

• Problems with foreign nations

• After the revolutionary war, America received land but could not take advantage of it

• Even though the British were to have given up the land, they stayed and made arrangements with Natives to block American settlers from moving West

• Could not negotiate with foreign nations

• Spain would not allow Americans to travel the Mississippi River

• New Orleans, Florida, Kentucky and Tennessee were cut off

• Economic problems

• War was a disaster for the New England colonies

• Hurt valuable trade

• Were no longer members of the English Empire so they had to pay higher trade duties

• Lost financial support from England

• Rapid inflation

• What was this?

Shay’s Rebellion (1786)

• Massachusetts raised taxes. Farmers couldn’t pay them

• America was in a depression

• Farmers weren’t able to repay loans or taxes

• Seen as warning sign of Articles weakness

• Daniel Shay led 1,000 farmers to a courthouse to stop the seizing of farms

• Massachusetts had to send in Militia and Washington even went into the field as both the President and General

Annapolis Convention

• Meeting of five states

• Led by Washington and James Madison

• Meant to discuss the failing Articles of Confederation

After Annapolis Convention, Congress called a meeting in Philadelphia in May 1787

• Wanted to discuss revision of the Articles

• Many states sent delegates to support a stronger central government

• Alexander Hamilton suggested that a more formal, inclusive meeting take place in Philadelphia

Summer of 1787, delegates from 12 states met in Philadelphia

• Who did not show? Why?

• Rhode Island opposed a stronger central government

• What else put Rhode Island at a disadvantage?

• Decisions were made by a simple majority

The Virginia Plan

• Proposed by...

• Plan for a new central government written by James Madison

• Proposed by Edmund Randolph

• “A national government ought to be established, consisting of a supreme Legislative, Executive and Judiciary”

• Proposed eliminating the Articles of Confederation

• New national government with the power to make laws for states and raise money through taxes

• Legislature be divided into two houses

• Voters in each state elect members of the first house

• Members of second house are nominated by the state government but elected by the first house

• Both houses represent the population of the state

• What is wrong with this?

New Jersey Plan

• Proposed by William Patterson of New Jersey

• Countered the Virginia Plan

• How and why?

• Did not eliminate the Articles of Confederation

• Modified them to make a stronger central government

• Congress has a single house with equal representation for each state

• Has the power to tax and regulate trade

How are the two plans different? What is the main one?

The Connecticut Compromise

• Also known as the Great Compromise

• The Virginia plan won more favor in a vote so small states pushed for equal representation

• Larger states threatened to walk out

• Convention appointed a committee to resolve the differences between large and small states

• Ben Franklin was appointed the chair person

The solution was proposed by Roger Sherman of Connecticut

• In one house of Congress, states have representation based on population (which house?)

• Wanted one rep for every 40000 people in the state

• The other house offers equal representation (which house?)

• Voters in each state elect House of Reps members while state legislatures elect Senators

What was the last major obstacle to bringing the states together?

• Slavery

Three Fifths Compromise

• With 40000 people equal to one representative, should slaves count in that number?

• Why was this a problem? Who did this favor?

• If slaves counted for representation, they should also count in taxation - according to small states

• Compromise was for every five enslaved, they count three

• For representation and taxation

Constitution rewrite Project

• The number that you drew from the hat corresponds with the article (and the group) that you will rewrite

• Article 1 is long so there will be two of you working on it

• Article 7 also includes the first 5 bill of rights

• You will combine your rewrites with the 8 (including you) in your group and hand in your ‘Constitution’

• I will make copies for you and you will be allowed to use them on any tests this year

• Your grade will be based on your summaries and completion

Concept 1: Separation of Powers

A way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president, and the federal courts

are selected by and responsible to different constituencies.

Concept 2: Checks and Balances

A government structure that gives each of

the three branches of government

some degree of oversight and control over

the actions of the others

Concept 3: Federalism

System of government in which power is divided between the national government and the state governments and in which independent states are bound together under one national government

Concept 4: Limited Government

A type of government in

which its functions and powers are

written, limited, and restricted by law to protect the citizenry.

National Government• May not violate the Bill of Rights • May not impose export taxes

among states • May not use money from the

Treasury without the passage and approval of an appropriations bill

• May not change state boundaries

State Government• May not enter into treaties with

other countries • May not print money • May not tax imports or exports • May not Impair obligations of

contracts • May not suspend a person's rights

without due process

Cartoon #1Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #2Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #3Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #4Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Four key constitutional principles activity

• Define these 4 principles

• Separation of powers, checks and balances, federalism, limited government

• How are they different? How are they the same?

• Using your Constitutions, find an example of each in Articles 1-6

• Write them on the large piece of paper but do not write which principle you think it is

• hand your large sheet to another group

• The other group will have to decide if which it is and if they agree -> write on the large sheet -> and WHY

Federalists vs. Anti Federalists

• In order for the Constitution to be ratified, states needed to approve

• Some wanted to retain a weaker government (like what?) while others wanted to have a stronger central government

• Debates began

Supporters of the Constitution- Federalists

• Favored the federal system of government- which allowed for states to retain power

• Supported by large land owners, business owners, farmers

• Many depended upon trade and protection that a stronger central government could provide

• Better organized

Anti Federalists

• Opposed the Constitution

• Issue was whether or not the state governments would be supreme

• Most were farmers far from the coast, afraid of wealthy and powerful citizens

Constitution

• Preamble

• Purpose of the document and the government it creates

• Articles

• Governments structure and how the Constitution can be changed

• Amendments

• Bill of Rights and other changes

Preamble

“We the people...”

• Authority based on the consent of the governed (people)

“in Order to form a more perfect Union”

• Improve upon the failed system that came before (which was?)

• States union becomes stronger and work together, not fight each other

“establish justice”

• Create and carry out laws equally upon all people

“insure domestic tranquility”

• Domestic means the nation and its internal affairs

• Looking for peace and order

“provide for the common defense”

• Protect the country as a whole

“promote the general welfare”

• Meaning?

“secure the blessings of liberty to ourselves and our posterity”

Meaning?

Legislative Branch makes the laws

• Bicameral

• Senate

• House of Representatives

• Makes the laws

• Tax bills begin in the House

• Others can begin in any house

• Vetoes have a deadline of 10 days

Congress can coin and regulate money, collect taxes, maintain an army and navy, pay government debt, regulate foreign trade

Elastic Clause

• “make all laws which shall be necessary and proper”

- Proposes tax laws- Impeach the president

- Approves presidential

appointments- Ratifies treaties- Conducts trial of

impeachment

Executive Branch

• Enforces the laws

• Proposes legislation, including the annual budget

• Commander in chief

• Foreign relations

• Judicial powers

• Appointing judges (with whose approval?)

• Granting pardons

• Officials help to carry out the duties

• Called the Cabinet

• 15 total today

• Advise the president on different matters

Judicial Branch

• Supreme and lower federal courts

• Power of judicial review

• Power to review an action of the legislative or executive branch and declare it unconstitutional

Federalism

• Delegated powers

• Powers specifically listed in the constitution granted to Congress

• Reserved powers

• Powers not expressly granted to the national government remain with the states

• Concurrent powers

• Powers given to the Congress and the states

Supremacy Clause

• Article VI

• “Constitution...shall be the supreme law of the land...”

• Federal law must be followed in cases involving a conflict between federal and state law

• States laws, constitution and judicial decisions cannot conflict

Amendments

• The ‘Founding Fathers’ also realized that there might need to be a change in the Constitution in time

• Called an Amendment

• Made difficult for stability

• Two steps- proposal and ratification

• Proposed by 2/3 of Congress of 2/3 of States (constitutional convention)

• Ratified by 3/4 of the state legislatures or by 3/4 of the states in a constitutional convention

Amending the Constitution

• Process is designed to be difficult

• First ten amendments are called the Bill of Rights

• Total of 27 amendments

Bill of rights scavenger hunt

1ST

Freedom of ReligionFreedom of ReligionFreedom of ReligionFreedom of ReligionCongress shall make no law

respecting an establishment of religion or prohibiting the free

exercise there of

Congress shall make no law respecting an establishment of religion or prohibiting the free

exercise there of

Freedom of the PressFreedom of the PressFreedom of the PressFreedom of the Press

Congress shall make no law . . .abridging . . . the freedom of the

press.”

Congress shall make no law . . .abridging . . . the freedom of the

press.”

Freedom of AssemblyFreedom of AssemblyFreedom of AssemblyFreedom of Assembly

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

Petition the GovernmentPetition the Government

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

2ND

3RD

4TH

QuickTime™ and a decompressor

are needed to see this picture.

6th: Speedy and fair trial

7th: Trial by jury

8TH

9th: Rights even though

they might not be listed (right to privacy)

10TH