A New Nation

Admit Slip• The colonists have just gained their independence from Great

Britain by winning the Revolutionary War, what is the first order of business that must be done by the colonists in creating a new nation?

End of the Revolutionary War• Great Britain and the United States signed the Treaty of Paris

in 1783 ending the Revolutionary War.• With British rule removed, the colonists had to create a new

government for themselves.• Colonists knew they wanted a government in which the

people could participate.• Colonists also did not want a government where all the power

was in the hands of one individual. • Colonists did not want a government that was similar to the

government in which they rebelled against. (Great Britain)• The Second Continental Congress met in 1777 to write the first

plan of government for the United States.

Articles of Confederation• The first constitution of the United States was called the

Articles of Confederation.• A confederation is an alliance of independent states who keep

most of the power to govern for themselves.• Under the Articles of Confederation, Congress (legislative

branch) was the main governing body.• There was no executive branch to enforce the laws, and no

judicial branch to interpret the law.• The Articles of Confederation reflected the colonists’ fear of a

strong central government.• Colonists desired that power be divided among the states.

Articles of Confederation= Strong States, Weak Central Gov’t

Achievements of the Articles• Successful conclusion of the American Revolution• Negotiation of the Treaty of Paris of 1783, ending the war and

setting U.S. Borders at Canada, the Mississippi River, and Florida.

• Land Ordinance of 1785- established definite boundary lines to eliminate disputes over land ownership.

• Passage of the Northwest Ordinance of 1787 which;• Set a pattern of development of the Northwest Territory• Set guidelines by which new states could join the nation

• Settlers guaranteed freedom of religion, speech, and basic rights• Slavery was not permitted in the territory• Towns encouraged to establish public schools

Why the Articles of Confederation failed?• No executive branch to enforce laws• No judicial branch to interpret law• No national currency, every state printed their own money• Need approval from all 13 states to change the Articles• Weak legislative branch- No power to tax

The US was heavily in debt due to the Revolutionary War, and their inability to collect taxes from the people to repay their debts caused the US to become heavily in debt.

Shays Rebellion• Farmers in Massachusetts were in debt and could not repay

loans or taxes• The state government of Massachusetts ordered that the

farms be sold and the money be used to pay the debt owed by the farmers

• Led by Daniel Shays, the farmers took up arms and closed several of the court houses that had taken their land

• The rebellion was finally put down by the state militia, but it showed that a stronger national government was needed to solve problems and keep order

• Colonists realized that power must be shared between the state government and national governments

https://www.youtube.com/watch?v=q77iwGlyXF4https://www.youtube.com/watch?v=YOR9O9mUObE

http://www.history.com/topics/articles-of-confederation/videos

http://education-portal.com/academy/lesson/weaknesses-of-the-articles-of-confederation-and-shays-rebellion.html#lesson

https://www.youtube.com/watch?v=3KGG9afW7XY

https://www.youtube.com/watch?v=QQtJNK5_8Uk

Exit Slip• Why did the Articles of Confederation ultimately fail?

• What did Shays’ Rebellion prove?

Admit Slip• What were the weaknesses of the Articles of Confederation?

• What was the event that caused the American people to realize that change in government must be made? What was the realization? (What needed to be done to fix the issues caused by the Articles?)

Key Compromises at Convention• Most of what we know about the Convention comes to us

from the notes of James Madison.• The people involved in the writing of the Constitution wanted

to create a government with enough authority to govern effectively while protecting individual liberties.

• Many compromises had to be made at the Constitutional Convention.

• In fact, so many compromises were made that the Constitution was called a “bundle of compromises”.

• There were four key compromises that were made at the Constitution.

Representation?• The first issue that needed to be resolved was representation

in congress.• Virginia Plan (Large State Plan)• Called for a bicameral legislature (two houses).• The representation in each house would be based on population.• The larger states favored this plan because they had larger

populations.• New Jersey Plan (Small State Plan)• Called for a unicameral legislature (one house).• The representation in the one house for each state would be

equal.• Therefore, each state would have the same amount of

representatives.

Great Compromise• The issue of representation in congress was finally settled by

what is known as the Great Compromise.• The Great Compromise gave something to both the small states

and big states.• The compromise created the organization of the legislative

branch, or better known as Congress.• Congress consisted of a bicameral legislature:

• Senate- Upper house, equal representation.

• House of Representatives- Lower House, population determined representation.

https://www.youtube.com/watch?v=rTtV9-8jj8k

Three-Fifths Compromise• A bitter debate continued over slavery and power.• Southerners wanted enslaved people to be counted for

deciding representation in the House of Representatives.• Southerners did not want enslaved persons to count towards

determining taxes.• The Three-Fifths Compromise stated that three-fifths of the

enslaved African Americans in a state would be counted for both representation and taxation purposes.

So 5 enslaved African Americans= 3 Free Men

Commerce Compromise• Northerners wanted a government that could regulate trade.• Southerners feared that the importing of African slaves would

be prohibited and that their agricultural exports would be taxed.

• Under the Commerce Compromise the delegates agreed that:• Congress was forbidden to tax a State’s exports• Congress could not prohibit the slave trade for 20 years

The Presidency Compromise• The delegates favoring a strong national government wanted a

President elected directly by the people with a long term of office.

• The delegates favoring strong state governments wanted a short-term office with state legislatures selecting the President.

• Both sides agreed to the following system on electing a President:• President would serve a four year term• President would be elected by Electoral College, not by popular

vote.The Electoral College is referred to as an indirect election.

Admit Slip• Name a compromise that we discussed on Friday, and what

was the agreement.

• Have you ever heard of the Bill of Rights?• What are they?• Where are they included?• What are they designed to do?

The Great Debate and Ratification• Two groups formed in each state; one being the Federalists, who

favored the ratification of the Constitution;• The other group was called the Anti-Federalists, or those who

opposed ratification of Constitution. • The Federalists wanted a strong national government to provide

order and protect the people.• The Anti-Federalists wanted a weak national government so that it

would not threaten the rights of the people or power of the states.• The Anti-Federalists also wanted to add a bill of rights to the

Constitution to protect the people against abuses of power by the federal government.

• By 1788, nine out of the thirteen states approved the ratification of the United States Constitution, however two major states, New York and Virginia did not approve the Constitution.

Federalist Papers• A group of individuals including; Alexander Hamilton, John Jay,

and James Madison wrote a series of essays in an effort to sway those in favor of accepting the US Constitution.

• These essays were known as the Federalist Papers.• The Federalist Papers helped turn the tide against the Anti-

Federalists, and it was these essays that eventually led to our Constitution being ratified.

• Although the Constitution was ratified, due to the efforts of the Federalists and the writing of the Federalist Papers, the Anti-Federalists believed the government did not protect the rights of Americans from the government.

• These rights included; freedom of religion, freedom of the press, trial by jury………

Bill of Rights• When the first Congress met, one of its first acts was to pass the first ten

amendments, also known as the Bill of Rights.• First- protects freedom of religion, freedom of speech, freedom of the

press, right to assemble peacefully, right to voice complaints to government

• Second- right to own and bear firearms• Third- states that the government cannot force people to house soldiers

during peacetime• Fourth- Protects people from unfair searches and seizures of property.• Fifth- Life, liberty, and property cannot be deprived without the decision

of a court of law• Sixth- right to a trial by jury and a lawyer in criminal cases• Seventh- right to trial by jury in most civil cases• Eighth- Prohibits high bail, fines, and extreme punishments• Ninth- Rights of people are not limited to those in Constitution• Tenth- Powers not granted to the federal government are left to the states

Preamble-What is it?• The United States Constitution is a fundamental plan, which

clearly defines and limits the power of the government.• The Preamble is the introduction to the Constitution.• It is in the Preamble where that framers of the Constitution

defined their reasons for writing the document:• Create a better, stronger national government• To ensure a system of justice• To provide for peace at home • To provide for the peace of the nation• To promote the well-being of the people• To secure liberty to the people and to future generations.

Basic Principles of the Constitution• Popular Sovereignty• The source of all power of authority to govern is the people• Popular means “of or by the people”• Sovereignty means “supreme power”• This type of government is a democracy, or government by the

consent of the governed.• Limited Government• Governmental powers are defined by the Constitution • Meaning that our government is limited by law• The US Constitution, as well as state constitutions, place limits on

state and national governments and governmental officials as well.• No person is above the law

The Constitution is the law of the land

Federalism• The Constitution divides the power to govern between the

states and national government. • This division is of power between levels of government creates

a federal system of government.• Delegated Powers- powers given to the federal (National)

government.• Reserved Powers- powers given to the state governments• Concurrent Powers- powers given to both the federal and state

governemnts

System of Federalism

Admit Slip- 10/3

1.) Explain why it is important to have a written set of laws/rules in society? What purpose do they serve?

2.) Interpret the following quote in your own words:

"When the [law making] and [law enforcement] powers are united in the same person... there can be no liberty.“

– Baron De Montesquieu

Separation of Powers• The Constitution establishes the separation of powers,

meaning that the power to govern is divided among the legislative, executive, and judiciary branches.• Legislative Branch- Law making• Executive Branch- Enforces laws• Judiciary Branch- Interprets the law

• Separation of Powers ensures that no single branch can dominate the government.

• Each branch takes its power directly from the Constitution, not from another branch

Checks and Balances• In addition to separation of

powers among the three branches of government, the constitution includes a system of checks and balances

• Each branch of the national government has ways to check, or control, the other branches.

• This prevents one branch from gaining too much power.

Exit Slip- 10/3

Answer the following questions in complete sentences. After you have completed the questions in your notebook, complete the rate your understanding guide before you leave class. 1.) What are the three branches of government and the specific roles that they perform?

2.) Why did Baron De Montesquieu believe it was necessary to have a system of checks and balances in a successful government?

FlexibilityThe Constitution’s flexibility allows it to meet the changing conditions of society.

• The Elastic Clause- states that congress can make all laws “necessary and proper” for carrying out the tasks listed in the constitution.

• The Amendment Process- the constitution may be formally changed with approval of both Congress and the states.

• Judicial Interpretation- the Supreme Court and lower federal courts review cases that involve possible conflicts with the Constitution and federal laws. (Judicial Review)

• Unwritten Constitution-Congressional and executive interpretations, actions, and traditions form a so-called unwritten constitution (President’s Cabinet)