CHAPTER 5 The Constitution of the United States SECTION 1 Section 1 Government by the States I. Describe the early government of the United States. A. Early Government 1) After the War for Independence, most Americans wanted the power of the government to be held by state governments 2) Confederation 13 parts separate governments working together United State(s) B. Articles of Confederation 1) 1777 2 nd Continental Congress laws to govern the United States 2) Under the Articles of Confederation, the national government was a loose alliance of states 3) limited national government 4) legislative was only branch of government - acted as legislative and executive I. Describe the early government of the United States. C. Branches of government today 1) legislative branch makes and passes the laws Congress 2) executive branch executes the laws President 3) judicial branch interprets the laws federal court system D. Differences in Articles of Confederation 1) did not have judicial branch state courts only 2) lacked the power to tax 3) one vote for each state, regardless of size I. Describe the early government of the United States. E. State Constitutions 1) constitution plan of government 2) individual state constitutions more powerful than Articles of Confederation 3) Uni-Cameral one house legislature 4) Bi-Cameral two house legislature House of Representatives and Senate II. List the reasons for opposition to the Articles of Confederation. A. Nation should be a democracy government by the people B. Republic government run by the people through elected representatives C. Economic Problems 1) wealthy, educated citizens worried too much power given to ordinary citizens 2) national debt $50 million paid for revolution borrowed from foreign II. List the reasons for opposition to the Articles of Confederation. D. Weak Government 1) The Nationalists believed that the central government should be strong and make nationally uniform laws 2) George Washington, Ben Franklin, James Madison, Alexander Hamilton E. Learning from History 1) Nationalists knew republic governments had failed in Europe II. List the reasons for opposition to the Articles of Confederation. F. America as a Model G. Annapolis Convention 1) to discuss economic problems 2) agreed to meet in Philadelphia in 1787 to fix governments problems III. Evaluate the causes and effects of Shays Rebellion. A. Shays Rebellion 1) Causes a) people who had let government borrow money wanted it back b) governments passed high taxes to pay off their debts c) taxes was to be paid in species gold or silver coins because species was more scarce and worth more d) farmers opposed overloaded with debt 2) Daniel Shay war veteran facing jail for debt led rebellion to drive off tax collectors 3) Effects of the rebellion a) convinced the Nationalists that a stronger national government was needed Section 2 The Constitutional Convention I. Describe the role of James Madison at the Constitutional Convention. A. The Convention Assembles 1) Constitutional Convention Independence Hall 2) Four month in Philadelphia, Pennsylvania 3) May 1787 55 delegates from all states except Rhode Island B. James Madison 1) Father of the Constitution 2) well prepared and read in history, government, and law 3) from Virginia, strongly influenced the shape of the constitution 4) experienced with the Articles of Confederation 5) encouraged the best in people, while restraining the worst II. Identify divisions at the convention and the agreements that produced a lasting document. A. George Washington elected President of the convention B. Articles of Confederation 1) Amend to revise or change 2) Abolish to do away with or get rid of II. Identify divisions at the convention and the agreements that produced a lasting document. C. The Virginia Plan 1) the creation of a bi-cameral, two-house, legislature 2) each state would be represented in proportion of population 3) unlike under the Articles of Confederation, the national government: a) have power to tax and regulate foreign and interstate commerce b) have power to veto, to stop from becoming law, any act of a state legislature c) have legislative, executive, and judicial national branches II. Identify divisions at the convention and the agreements that produced a lasting document. D. The New Jersey Plan 1) opposition to the Virginia Plan came from small states 2) unlike under the Articles of Confederation, the national government: a) have power to tax and regulate foreign and interstate commerce b) have legislative, executive, and judicial national branches c) it would give every state an equal vote in a uni-cameral, one-house, legislature II. Identify divisions at the convention and the agreements that produced a lasting document. E. Reaching Agreements 1) The Great Compromise bi-cameral, two-house, House of Representatives and Senate a) the number of representatives in the Senate: 1) would be the same number for every state 2) 2 for each state 3) pleased the small population states b) the number of representatives in the House of Representatives: 1) would be based on each states population 2) pleased the large population states II. Identify divisions at the convention and the agreements that produced a lasting document. E. Reaching Agreements 2) The Three-Fifths Compromise a) many framers owned slaves in the Southern states b) should states population include slaves???? c) agreement to count three fifths 3/5 of a states enslaved population when determining representation F. A Lasting Document 1) We the people of the United States 2) Lasted over 200 years III. Analyze the structure of the government under the Constitution. A. Government needed power to be effective, too much power could lead to abuses B. Federal and State Powers 1) Federal form of government in which power is shared between the states and the national government a) reserved powers states b) delegated powers federal c) concurrent powers states and federal both III. Analyze the structure of the government under the Constitution. B. Federal and State Powers 1) Federal form of government in which power is shared between the states and the national government III. Analyze the structure of the government under the Constitution. C. Separation of Federal Powers 1) Separation of Powers Principle that the legislative, executive, and judicial branches would all have distinct areas of authority 2) Checks and Balances System in which each branch of government has the power to check (or stop) and balance the other branches III. Analyze the structure of the government under the Constitution. C. Separation of Federal Powers III. Analyze the structure of the government under the Constitution. D. Congress 1) House of Representatives a) state population determined the number of seats each state received in the House of Representatives b) directly responsible to the people c) two-year terms III. Analyze the structure of the government under the Constitution. D. Congress 2) Senate a) originally chosen by state legislatures, not voted on by citizens b) six-year terms c) one-third (1/3) of the Senate is up for re-election every two years III. Analyze the structure of the government under the Constitution. D. Congress 3) The House of Representatives is designed to be more responsive to popular opinions 4) Only Congress can a) coin money b) declare war c) raise an army/navy d) regulate commerce e) ****Elastic Clause necessary and proper**** III. Analyze the structure of the government under the Constitution. E. President 1) Commander in Chief of the Armed Forces 2) Power to veto(prohibit from becoming law) acts of Congress 3) Four-year terms (originally could be re-elected as many times as possible) (today can serve two terms) 4) Electoral College a) created to limit the peoples power to directly elect a President b) House of Representatives is the final decision maker in a Presidential election III. Analyze the structure of the government under the Constitution. F. Federal Courts 1) member chosen by the President and approved by the Senate 2) serve in office for life with no term or election 3) Supreme Court and several lesser courts SECTION 3 Section 3 Ratifying the Constitution I. Compare and contrast the positions of the Federalists and Anti-Federalists. A. Ratify approve 1) 9 out of 13 states had to approve B. Federalists 1) those who supported the Constitution and favored a strong central government 2) Included Nationalists such as: George Washington, James Madison, and Alexander Hamilton I. Compare and contrast the positions of the Federalists and Anti-Federalists. B. Federalists 3) The Federalist series of essays supporting ratification a) purpose: to persuade New York to support the Constitution b) answered questions about the fear of factions special interest groups I. Compare and contrast the positions of the Federalists and Anti-Federalists. C. Anti-Federalists 1) those who opposed the Constitution who wanted a weak central government 2) Patrick Henry 3) they feared for Americans individual liberties II. Identify the reasons that the Federalists won approval of the Constitution. A. Federalist Advantages 1) widespread feeling that the Articles of Confederation were weak 2) united around a specific plan the Constitution 3) Anti-Federalists had no counter plan 4) Federalists were well-organized it was a national group 5) George Washingtons support and experience III. Outline the arguments for and against a Bill of Rights. A. To secure ratification of the Constitution, Federalists promised to add amendments to protect citizens rights B. Bill of Rights first 10 amendments to the Constitution III. Outline the arguments for and against a Bill of Rights. C. Arguments Against the Bill of Rights 1) there was no need for them 2) the people and the government were the same 3) people keep all the power D. Arguments For the Bill of Rights 1) unalienable rights guaranteed in the Constitution 2) protect the people from a tyrannical government III. Outline the arguments for and against a Bill of Rights. Amendment Right(s) Historic Roots 1 st Amendment Freedoms Freedom of Religion Freedom of Press Freedom of Speech Freedom of Assembly Separation of Church and State (no national religion) The English government had suppressed speech, assembly and press rights in an attempt to quell the growing colonial discontent. Additionally, many early settlers (such as the Pilgrims) came to America in search of religious freedom. 2 nd Amendment Right to Bear Arms - Right to keep and bear arms In the period prior to the revolution, the English attempted to limit militia activity, as they rightly feared preparations for a coming revolution. 3 rd Amendment No Quarter - Right to protection from troops being quartered in homes during peacetime The Quartering Act - passed by English Parliament required the colonists to house and feed British troops stationed in the colonies. 4 th Amendment Search and Seizure - Right against unreasonable search and seizure Warrants require cause and must be specific British troops often search houses and property at will, in an attempt to suppress organizations working towards a revolution. 5 th Amendment Rights of the Accused - Accused must be indicted by a Grand Jury Cannot be tried for the same crime twice (double jeopardy) Cannot be forced to testify against yourself Right to a fair trial with all proper legal rights enforced (due process) Right to fair compensation ($$) when the gov't takes your property for public use Many accused under British law in the colonies, were jailed without being accused of a crime. It was also not uncommon for a person in the colonies to be tried under the laws of Britain, without regard to the local laws passed within the colonies. SECTION 3 Section 4 The New Government I. List some of the new leaders of President Washingtons government, and compare and contrast the views of Jefferson and Hamilton. A. Inauguration official swearing-in ceremony B. New Leaders 1) President, George Washington - Federalists 2) Vice President, John Adams Federalists 3) Cabinet the heads of the major departments in the executive branch also advise the President a) Attorney General Edmund Randolph b) Secretary of War Henry Knox c) Secretary of State Thomas Jefferson foreign relations d) Secretary of Treasury Alexander Hamilton I. List some of the new leaders of President Washingtons government, and compare and contrast the views of Jefferson and Hamilton. C. Secretary of State Jefferson 1) Former Ambassador to France 2) Domestic Affairs internal matters of a country 3) Federalist Supported Bill of Rights 4) Founded the University of Virginia 5) Monticello farmer and slave owner 6) Jefferson regarded the new government with distrust of its power I. List some of the new leaders of President Washingtons government, and compare and contrast the views of Jefferson and Hamilton. D. Treasury Secretary Hamilton 1) Columbia University graduate 2) Served under Washington in the American Revolution 3) Believed the new government would accomplish great things II. Describe the precedents set by Washington. A. Administration term of office / the members and agencies of the executive branch B. Precedent act that becomes a rule or tradition C. Washington adopted the trappings of royalty because he wanted to gain peoples respect for the office III. Explain why and how the new capital of Washington, D.C. was built. A. 1 st Capitals 1) New York City, NY 1 st Year 2) Moved to Philadelphia, PA a decade B. New Permanent Capital 1) 10 square miles near Washingtons home Mount Vernon on the Potomac River 2) On the Maryland-Virginia border not in any state 3) Banneker surveyor and LEnfant architect 4) Federalist legacy formal, majestic style