Creating a New GovernmentCreating a New Government

The Birth of the U.S. ConstitutionThe Birth of the U.S. Constitution

Shay’s RebellionShay’s Rebellion was an uprising was an uprising of debt-ridden Massachusetts of debt-ridden Massachusetts farmers protesting increased farmers protesting increased

taxes in 1787. Daniel Shays led taxes in 1787. Daniel Shays led an army of 1,200 farmers toward an army of 1,200 farmers toward

the arsenal at Springfield, the arsenal at Springfield, Massachusetts. State militia Massachusetts. State militia was called in to head off the was called in to head off the

army of farmers, killing four and army of farmers, killing four and scattering the rest.scattering the rest.

States feared the possibility of States feared the possibility of other uprisings. other uprisings. Shay’s rebellion Shay’s rebellion

showed the weaknesses of the showed the weaknesses of the new Articles of Confederationnew Articles of Confederation in in dealing with economic problems.dealing with economic problems.

ChallengesChallengesThe great challenge faced by the delegates The great challenge faced by the delegates

sent to Philadelphia in 1787, whose sent to Philadelphia in 1787, whose meeting became known as the meeting became known as the

Constitutional ConventionConstitutional Convention, was how to , was how to create a strong national government but create a strong national government but not make it so strongnot make it so strong that future leaders that future leaders

might be tempted to undermine individual might be tempted to undermine individual liberties.liberties.

FederalistsFederalistsFederalists favored the new Constitution’s Federalists favored the new Constitution’s

balance of power between the states and balance of power between the states and the national government. Federalists the national government. Federalists

favored a strong national governmentfavored a strong national government..

Alexander Hamilton

Federalist PapersFederalist Papers

The Federalist Papers consisted of 85 The Federalist Papers consisted of 85 essays written to persuade New York essays written to persuade New York

and other states to ratify the new and other states to ratify the new Constitution. Constitution.

Anti-federalistsAnti-federalists

Anti-federalists opposed having such a Anti-federalists opposed having such a strong national government and thus strong national government and thus

against the Constitution (against the Constitution (favoring favoring strong state powers & weak federal strong state powers & weak federal

government.)government.)

Patrick Henry

RepublicanismRepublicanismA A republicrepublic is a nation governed by elected is a nation governed by elected

representatives rather than a king. The representatives rather than a king. The members of the Constitutional Convention members of the Constitutional Convention

followed the states and the Articles in followed the states and the Articles in adopting a republican system rather than adopting a republican system rather than the monarchical form of government of the monarchical form of government of

Great Britain.Great Britain.

United States Congress

Popular SovereigntyPopular Sovereignty

Popular sovereignty refers to a system of Popular sovereignty refers to a system of government in which the government in which the people hold people hold

supreme powersupreme power. Government therefore . Government therefore derives its power from the consent of the derives its power from the consent of the governed. This principle was reflected in governed. This principle was reflected in

the first words of the Preamble to the U.S. the first words of the Preamble to the U.S. Constitution: “We the People…”Constitution: “We the People…”

FederalismFederalismThe writers of the U.S. Constitution did The writers of the U.S. Constitution did

not eliminate the states as separate not eliminate the states as separate sources of power. Instead, they sources of power. Instead, they

created a system in which created a system in which power was power was shared between the national shared between the national

government and the state government and the state governmentsgovernments called Federalism. called Federalism.

In this In this division of powersdivision of powers, the , the national or “federal” national or “federal”

government deals with matters government deals with matters that affect the whole country, that affect the whole country,

such as defense. State such as defense. State governments handle local affairs, governments handle local affairs,

such as education, safety, and such as education, safety, and issuing licenses.issuing licenses.

Separation of PowersSeparation of Powers

The authors of the U.S. Constitution The authors of the U.S. Constitution feared leaving too much power in the feared leaving too much power in the

hands of any one branch of hands of any one branch of government. They therefore divided government. They therefore divided

the main powers of the central the main powers of the central government into government into 3 separate 3 separate

branchesbranches: the Legislature, the : the Legislature, the Judicial, and the Executive branches.Judicial, and the Executive branches.

Delegated PowersDelegated Powers are granted to the are granted to the national government by the national government by the

Constitution.Constitution.

Examples: control of foreign affairs, Examples: control of foreign affairs, regulation of trade between the regulation of trade between the

states.states.

Pictured: President Jimmy Carterconcluding a peace treaty with thePresidents of Egypt and Israel.

Reserved PowersReserved Powers

Powers not specifically granted to the Powers not specifically granted to the national government but kept by the national government but kept by the states are called “states are called “reserved powersreserved powers.”.”

These powers include providing and These powers include providing and supervising education.supervising education.

Shared powersShared powers, such as the right , such as the right to tax and establish courts, were to tax and establish courts, were shared by both the national and shared by both the national and

state governments.state governments.

Taxes Courts

The Great CompromiseThe Great Compromise offered a two- offered a two-house Congress. Each state would house Congress. Each state would have equal representation in the have equal representation in the

Senate in the upper house.Senate in the upper house.

The size of the population of each The size of the population of each state would determine its state would determine its

representation in the House of representation in the House of Representatives, or lower house.Representatives, or lower house.

The The Three-Fifths CompromiseThree-Fifths Compromise called for three-fifths of a state’s called for three-fifths of a state’s slaves to be counted as part of slaves to be counted as part of

the population.the population.

In June 1788, Federalists yield to In June 1788, Federalists yield to people’s overwhelming desire people’s overwhelming desire and promised to add a bill of and promised to add a bill of

rights. New Hampshire becomes rights. New Hampshire becomes the 9the 9thth deciding vote to approve deciding vote to approve the Constitution, making it the the Constitution, making it the

Law of the LandLaw of the Land..

Checks and BalancesChecks and Balances

The Constitution created another way of The Constitution created another way of making sure that no one branch of the making sure that no one branch of the

federal government became too federal government became too powerful. It provided each branch of powerful. It provided each branch of government with ways to “government with ways to “checkcheck” or ” or

limit the other branches. For example, limit the other branches. For example, the President has the power to appoint the President has the power to appoint

officials, such as the Secretary of officials, such as the Secretary of States. However, the Senate must States. However, the Senate must

approve such appointments.approve such appointments.

Bill of RightsBill of Rights

When the states debated ratification When the states debated ratification (approval), critics argued that the (approval), critics argued that the Constitution contained no bill of Constitution contained no bill of

rights. One of the first things the new rights. One of the first things the new Congress did was to propose a bill of Congress did was to propose a bill of rights in the form of amendments to rights in the form of amendments to

the Constitution.the Constitution.

Bill of RightsBill of RightsThe The Anti-federalists’Anti-federalists’ demand for a demand for a

bill of rights (a formal summary bill of rights (a formal summary of citizens’ rights and freedoms) of citizens’ rights and freedoms)

stemmed from their fear of a stemmed from their fear of a strong central government. strong central government.

States believed they would serve States believed they would serve as protectors of the people.as protectors of the people.

Bill of Rights on view at the National Archives.Washington, D.C.

Changing the Changing the ConstitutionConstitution

The delegates provided a means The delegates provided a means of changing the Constitution of changing the Constitution

through the through the amendment processamendment process. . The delegates created a flexible The delegates created a flexible

Constitution.Constitution.

By December 1791, the states By December 1791, the states ratified 10 amendments to the ratified 10 amendments to the

Constitution, which became Constitution, which became known as the known as the Bill of RightsBill of Rights. In . In the end, both Federalists and the end, both Federalists and

Anti-federalists added greatly to Anti-federalists added greatly to the Constitution.the Constitution.

The first ten amendments, known as The first ten amendments, known as the the Bill of RightsBill of Rights , were added in , were added in 1791. When first adopted, the Bill 1791. When first adopted, the Bill of Rights protected individuals of Rights protected individuals only from the actions of the federal only from the actions of the federal government. Since the passage of government. Since the passage of the the Fourteenth AmendmentFourteenth Amendment, these , these protections have been applied to protections have been applied to state governments as well.state governments as well.

The The 11stst Amendment Amendment guarantees guarantees freedom of religion and free freedom of religion and free

expression including free expression including free speech, freedom of the press, speech, freedom of the press, the right to assemble, and the the right to assemble, and the

right to petition the government right to petition the government to make or change laws or to make or change laws or

policies.policies.

Free speech and freedom of the Free speech and freedom of the press are especially important to press are especially important to

the workings of a democracy. the workings of a democracy. People cannot freely exchange People cannot freely exchange ideas if they fear imprisonment ideas if they fear imprisonment

or punishment for criticizing or punishment for criticizing government actions.government actions.

People will not be well-informed for People will not be well-informed for voting or making other choices if voting or making other choices if

the press is not allowed to perform the press is not allowed to perform its role of reporting the news and its role of reporting the news and

helping people exchange their helping people exchange their ideas and beliefs. The press also ideas and beliefs. The press also acts as a watchdog, making sure acts as a watchdog, making sure that our government leaders tell that our government leaders tell

us the truth.us the truth.

The The 22ndnd Amendment Amendment guarantees guarantees individuals the right to bear individuals the right to bear

arms.arms.

The The 33rdrd Amendment Amendment prohibits the prohibits the quartering of soldiers in people’s quartering of soldiers in people’s

homes without consent in homes without consent in peacetime and only allows peacetime and only allows

quartering in wartime according quartering in wartime according to law.to law.

Rights of the AccusedRights of the Accused

The 4The 4thth, 5, 5thth, 6, 6thth, and 8, and 8thth Amendments prohibit Amendments prohibit

government officials from taking government officials from taking away a person’s life, liberty or away a person’s life, liberty or property without following fair property without following fair

and reasonable legal procedures, and reasonable legal procedures, referred to as the “referred to as the “due process due process

of lawof law.”.”

The The Fourth AmendmentFourth Amendment protects protects citizens from unreasonable searches citizens from unreasonable searches and seizures. If a judge believes the and seizures. If a judge believes the

search is reasonable, a search search is reasonable, a search warrant will be granted.warrant will be granted.

The The Fifth AmendmentFifth Amendment, no citizen , no citizen may be deprived of life, liberty, may be deprived of life, liberty, or property without due process or property without due process of law – certain legal procedures of law – certain legal procedures that must be carried out before a that must be carried out before a

person can be punished. person can be punished.

The The Sixth AmendmentSixth Amendment guarantees a fair guarantees a fair and impartial trial to those accused of and impartial trial to those accused of

a crime. They must be told of the a crime. They must be told of the charges against them, have the right charges against them, have the right to a trial by jury, and the right to be to a trial by jury, and the right to be

represented by a lawyer.represented by a lawyer.

The The 77thth Amendment Amendment guarantees guarantees individuals the right to a jury individuals the right to a jury

trial in many non-criminal trial in many non-criminal matters, such as contract matters, such as contract

disputes.disputes.

Contracts

The The Eighth AmendmentEighth Amendment states states that federal courts cannot that federal courts cannot

require an unusually high bail require an unusually high bail and that no one can be punished and that no one can be punished

in a cruel or unusual way.in a cruel or unusual way.

The The 99thth & 10 & 10thth Amendments Amendments state that state that all powers not given to the federal all powers not given to the federal government in the Constitution are government in the Constitution are

reserved to the states and the reserved to the states and the people, and that people have people, and that people have

additional rights beyond those listed additional rights beyond those listed in the Constitution.in the Constitution.

Influence of Historic DocumentsInfluence of Historic Documents

English and colonial political English and colonial political traditions played an important traditions played an important

role in the outbreak of the role in the outbreak of the American Revolution and in the American Revolution and in the development of the American development of the American

government.government.

Several ideas of the Several ideas of the Magna CartaMagna Carta (1215) (1215) are echoed in the provisions of the U.S. are echoed in the provisions of the U.S.

Constitution and the Bill of Rights. Constitution and the Bill of Rights. Under the Magna Carta, the king was Under the Magna Carta, the king was forbidden from introducing new taxes forbidden from introducing new taxes without the permission of a council of without the permission of a council of

nobles. The Constitution similarly nobles. The Constitution similarly provides that the government cannot provides that the government cannot

introduce new taxes unless approved by introduce new taxes unless approved by the U.S. Congress.the U.S. Congress.

The king also could not execute, The king also could not execute, imprison, or take the property of imprison, or take the property of any free man except after a trial any free man except after a trial by jury or according to the law of by jury or according to the law of

the land. The Bill of Rights the land. The Bill of Rights similarly provides that the similarly provides that the

government cannot punish a government cannot punish a person without due process of person without due process of

law.law.

King John

Many provisions of the Many provisions of the English Bill of English Bill of Rights (1689)Rights (1689) are also echoed in either are also echoed in either

the U.S. Constitution or the Bill of the U.S. Constitution or the Bill of Rights. For example, the English king Rights. For example, the English king

could not suspend any laws without the could not suspend any laws without the consent of Parliament. The Constitution consent of Parliament. The Constitution provides that all laws must be passed by provides that all laws must be passed by the people’s representatives – Congress.the people’s representatives – Congress.

The king was prohibited from The king was prohibited from collecting taxes without collecting taxes without Parliamentary approval. Parliamentary approval.

Likewise, the U.S. Constitution Likewise, the U.S. Constitution states that Congress must states that Congress must

approve all taxes.approve all taxes.

English Protestants were permitted English Protestants were permitted to possess arms for their defense. to possess arms for their defense. This provision is echoed in the 2This provision is echoed in the 2ndnd

Amendment, which guarantees Amendment, which guarantees citizens the right to bear arms.citizens the right to bear arms.