Writing the Constitution

What are we learning until September 25, 2013?• Unit 3 is the Writing of

the Constitution.

• We are studying this unit until September 25, 2013 and we will test on that day.

What is the Constitution?

• The Constitution is our nation’s highest law.

• The constitution explains how our government works.

America is Free! Now What?

• Step 1

• Create a government.

• How should it look like?

• How should it work?

The Articles of Confederation

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What was the Articles of Confederation?• America’s first

national government

(it failed).

• The Articles lasted from 1781-1789.

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What is a Confederation?• Articles established a “firm

league of friendship” among the states where all states were equal.

• Bills were passed on nine of thirteen votes.

• Amending the Articles took unanimous consent of the states.

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How did the Articles of Confederation Work?

• Unicameral (single house) legislative body.

• Each state had one vote regardless of population size.

• Congress given sole authority to govern the country.

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What were the powers granted to the government under the Articles of Confederation?

• Declare war and make peace• Make treaties with foreign countries• Establish an army and navy• Appoint high-ranking military officials• Requisition, print, and borrow money• Establish weights and measures

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What were the accomplishments of the Articles of Confederation?

• Administered the seven-year war effort.

• Negotiated the Treaty of Paris with Britain in 1783.

• Established the Northwest Ordinance of 1787.

Map of the land settled in the Northwest Ordinance of 1787

What powers were denied to the government?• No power to raise funds for

an army or navy• No power to tax, impose

tariffs, or collect duties• No executive branch to

enforce laws• No power to control trade

among the states• No power to force states to

honor obligations• No power to regulate the

value of currency11

The Influences of the Constitution

What happened to the Articles of Confederation?

• The Articles of Confederation failed.

• The Articles of Confederation could not control the states.

• The Articles of Confederation could not raise taxes or an army.

What was the Magna Carta?

• Written in 1215.

• First document to challenge the authority of the king.

• Created Habeas corpus, or the right to due process (rights for accused criminals)and a trial by jury.

What was the Mayflower Compact?• Written in 1620.

• The first agreement for self-rule and majority rule for Americans.

What were the English Bill of Rights?• Written in 1689.

• Guaranteed free elections, Free Speech, outlawed cruel and unusual punishments, established representative government where laws were made by a group that acts for the people .

The Constitutional Convention

What was the Constitutional Convention?

• In 1787, delegates (representatives) from 12/13 states met in Philadelphia to make changes to the Articles of Confederation.

• They decided to create a new government.

What was the New Jersey Plan?

• Plan by the representatives of New Jersey to split the nation’s legislative powers equally.

• The plan favored smaller states that had less people.

What was the Virginia Plan?

• Plan by the representatives of Virginia to split the nation’s legislative powers based on population.

• The plan favored bigger states with more people.

What was the Great Compromise?

• Created two houses (bicameral) in the legislature.

• Each house would have unique responsibilities.

• One house was divided equally, the other based on population.

What was the 3/5’s Compromise?

The issue of slavery was becoming a divisive issue in America.

The 3/5’s compromise was a compromise between slave (Southern) and non-slave states (Northern).

Slaves were counted as 3/5’s a person.

What is Federalism?

• A stronger national government based on federalism was created in the Constitutional Convention.

• Federalism= Dividing powers between the national government and the states.

Federalist v. Anti-Federalist

Who were the Federalist?

• The Federalist were people who were in support of the Constitution.

• Federalists tended to be richer, lived in the coasts, and were in business.

Who were some of the famous Federalists?

• Alexander Hamilton- First Secretary of State.

• James Madison-4th President and Father of the Constitution.

• John Jay-Co-author of Federalist Papers.

Why did the Federalist support the Constitution?• Federalists felt the

stronger Constitution would make the country work better.

Who were the Anti-Federalists?

• The Anti-Federalists were people who were against the Constitution.

• The Anti-Federalists tended to be poorer, were farmers, lived in small towns and farms.

Who were some of the Famous Anti-Federalists

• Patrick Henry-Virginia Representative.

• George MasonWrote Virginia’s Constitution.

Why were the Anti-Federalists against the Constitution?

• The Anti-Federalists felt the Constitution gave the government too much power and that the government could abuse the people.

• They wanted a Bill of Rights to protect people’s freedoms.

What were the Federalists Papers?

• 85 newspaper articles that explained and promoted the Constitution.

• Written under the name; Publius by Alexander Hamilton, James Hamilton, and John Jay.

The Bill of Rights

The Bill of Rights

• The First 10 Amendments (Changes) to the Constitution.

• The Bill of Rights contains the rights and freedoms all Americans enjoy.

1st Amendment

• The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition.

2nd Amendment

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

3rd Amendment

• The 3rd Amendment says that we cannot be forced to house or quarter soldiers.

4th Amendment

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

5th Amendment

• The 5th Amendment protects people from being jailed without being charged.

• You don’t have to testify against yourself in court. (Self-incrimination)

6th Amendment

• The 6th Amendment guarantees a speedy trial (you can’t be kept in jail for over a year without a trial).

7th Amendment

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

• A civil trial is when someone sues someone else about money and property.

8th Amendment

• The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

9th Amendment

• The 9th Amendment states that the people have more rights than the ones listed.

10th Amendment

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