Shay’s Rebellion

Washington Madison Franklin Hamilton

•The GREAT COMPROMISE was used to settle the argument over Representation in Congress. Congress was to be divided into two parts.

Representation in The House of Representatives is to be based on the population of each state. States with more people will send more representatives to Congress and in this House they will have more power.

Representation in The United States Senate will be equal. There will be two representatives or Senators from each state. Here power between the states is equal.

In order for an idea to be made into a law both the United States Senate and the House of Representatives must vote on it and approve it.

•Under the Articles of Confederation, the US government was very weak. The government:

-did not have national court system

-had no power to enforce laws

-had no power to raise army

-had no power to collect taxes

•Shay’s Rebellion showed the weakness of the government.

•A national convention was called to solve the problems with the Articles of Confederation. This is known as the Constitutional Convention. Two plans were proposed: the New Jersey Plan and the Virginia Plan. Neither one was accepted by all states. Finally, a compromise was reached that satisfied all of the states. The leaders of the Constitutional Convention included:

•Southern states wanted their slaves to count as part of the population, the North did not. The 3/5’s Compromise settled this issue.

•The United States government is also known as the Federal, National, or Central government.

•The written plan of the United States government, used for over 200 years, is known as the UNITED STATES CONSTITUTION.

•3 branches of government: 1. Legislative - Congress 2. Executive - President 3. Judicial – Supreme Court

•THE US SUPREME COURT: Protects the Constitution and enforces commands of the executive and legislative branches, protects the rights of individuals, can declare laws unconstitutional (Judicial Review), defines the laws of our nation.

•EQUAL JUSTICE UNDER LAW is on the building that houses the United States Supreme Court.

•CONSTITUTIONAL -the court decides that the law or act agrees with the Constitution and is fair.

•UNCONSTITUTIONAL -the court decides that the law or act does not agree with the Constitution and is unfair or illegal.

•The President is responsible for making sure that the laws made by Congress are carried out or enforced.

•We would look to this man for leadership. He would have to know what the people wanted and make sure that the laws of the United States were fairly applied.

•We also created the highest court in the nation. It would be known as the U.S. Supreme Court. There would be no jury in this court. Instead there would be Nine Justices who would rule or vote on decisions. They would be the ultimate protector of the rights of the people and have the final decision in all legal matters.

•We know that the document is not perfect but it contains a process for amending or changing the Constitution. This will be done as future generations see fit.

•One person or branch of government might become too powerful and try to control the other two. To prevent this from happening they set up a system known as CHECKS AND BALANCES. Under this system each branch has the power to check or limit the actions of the other two branches. For example Congress (Legislative) has the power to make bills (ideas for laws). The President (Executive) has the power to sign bills into law. The United States Supreme Court (Judicial) has the power to declare the law unconstitutional and reject the law.

•In June of 1788, New Hampshire became the 9th state to ratify the Constitution. It is the Supreme Law of the United States.

Bill of Rights: Ratified in 1791•1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

•2nd Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

•4th Amendments: The people’s right to have security for their own bodies and in their houses shall not be violated; papers and belongings are protected against unreasonable searches and seizures. No search warrants may be issued without probable cause supported by oath or statement. The warrant must describe the place to be searched and the persons or things to be captured or seized.

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•5th Amendment: No person can be brought to trial for a capital or other major offense without a grand jury bringing an indictment or written charges. The exception is in cases involving the army, navy, or militia when in service during war or public danger. No person will be subject to double jeopardy (being brought to trial twice) for the same offense, and cannot be forced in a criminal trial to be witness against himself. No person can be executed, imprisoned, or property seized without due (formal) process of law; private property cannot be taken without just compensation.

•6th Amendment: The accused is entitled to a speedy trial in open court; he is to be tried in the state and district where the crime was committed; he has the right to know the charges made against him, to confront the witnesses testifying against him, to require testimony from witnesses who can testify for him, and to have legal counsel for his defense.

•8th Amendment: Excessive bail cannot be required; excessive fines cannot be imposed; cruel and unusual punishments cannot be inflicted.

•14th Amendment: (Adopted in 1868) All born or naturalized in the United States and subject to its authority are citizens of the United States and of the state where they reside. No state can make or enforce laws that take away the rights and privileges of citizens of the United States.

•13th Amendment: (Adopted in 1865) Slavery and other forms of involuntary labor, except as punishment for crime, shall not exist in the United States or in any place controlled by the United States.