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Chapter 5 Creating the Constitution
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Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Dec 23, 2015

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Page 1: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Chapter 5 Creating the Constitution

Page 2: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution.

a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government.

Page 3: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Let’s Preview the Chapter…….• With which statement do you most agree…• A) A strong central government poses a serious

threat to personal liberties.• B) A strong central government offers the best

protection for personal liberties.• C) A strong central government is possible only

if personal liberties are sacrificed.• D) A strong central government is not needed

to protect personal liberties.

Page 4: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Read the Witness History on page 133.

• What image does Daniel Webster use to describe the Constitution’s importance as a guide for the US government?

• A stormy sea, on which there seems to be no orientation or direction.

Page 5: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Read the Witness History on page 133.

• Why do you suppose Presidents and other speakers quoted Webster’s words?

• Possibly to stress the enduring nature of the Constitution.

• To explain how it has given the nation direction in difficult times.

Page 6: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Analyze the Visual on page 132.

• View the image of the Constitutional Convention and examine the occasion.

• What does the image suggest about the convention?

• It was a formal gathering at which many delegates considered and debated ideas.

Page 7: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Chapter 5• Section 1: A confederation of states• Section 2: Drafting the Constitution• Section 3: Ratifying the Constitution

• Pre-Read the Chapter Activity

Page 8: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Key Terms• Republic• Republicanism• Unicameral

Legislature• Bicameral

Legislature• Articles of

Confederation

• Federal• Land Ordinance of

1785• Northwest

Ordinance of 1787• Shay’s Rebellion

Page 9: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.
Page 10: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

The Continental Congress (#3)

The Continental Congress tried to draft a constitution for the states as a whole. There was a lot of argument over several basic questions:

Representation by population or by state?Supreme Power: Can it be divided?Western Lands…Who gets them?Taxes and National Debt?

Page 11: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Colonies Become States• British settlers in North America had founded

not one colony but 13 states.• Each state had its own governor, council, and

state assembly.• Naturally the people thought of their state as

the primary political unit.• As colonies became states, they were wary of

allowing power to go to the federal government.

Page 12: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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The challenge was to develop a system of government that balanced the interests of the several states with those of the nation.

Eighteenth-century Americans believed that a democracy, or government directly by the people, placed too much power in the hands of the uneducated masses.

Most delegates to the Continental Congress agreed that the new Nation needed a republic form of government, government in which The citizens rule through their elected representatives.

Page 13: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Page 14: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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State Constitutions

• As states created their own constitutions, they often times shared certain points…– They limited the powers of government.– Guaranteed specific rights for citizens, including

freedom of speech, religion, and the press.– Most emphasized liberty over equality, and all feared

a centralized government.

Page 15: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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State Constitutions

• As states created their own constitutions, they often times differed certain points…– Only had a very limited democracy by modern

standards. – Granting voting rights to only white males. Property

ownership was a requirement for voting. – Women were still denied the right to vote in certain

states except New Jersey (allowed for a short period of time).

Page 16: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Delegates of the Constitutional Convention

Page 17: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

States reject executive power

• The patriots who exhibited more democratic characteristics wanted to create state governments with strong legislatures and weak governors (or no governor at all).

• They wanted to seek more rights for the people and preferred a unicameral legislature, one with a single house, whose members were elected by the people.

Page 18: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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CONTINENTAL CONGRESS DEBATE

At the Continental Congress each state looked at each other as

independent states. As a result, they made the decision to choose a bicameral legislature in order to balance the power of the common people with that of the wealthy and well educated class.

Page 19: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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CONTINENTAL CONGRESS DEBATE• The nation’s leaders could not agree over the issue of

representation. The differences between the states cause problems in the new government because people could not decide whether delegates to a new government should represent a state’s population or each state should send the same number of representatives.

• To keep fairness among the states, the size of the small states (population had fewer citizens) would have equal representation to a large states (which had high numbers of citizens). For an example, Georgia had 23,375 citizens and would have the same political power as Massachusetts which had 235,308 citizens. Political power was equal regardless of size and a single state could stall the amendment process.

Page 20: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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A confederation alliance permitting states or nationsto act together on matters of mutual concerns;which two levels of government share fundamentalpowers.

Add to study guide:The Articles of Confederation were written and signedby delegates to the Continental Congress. The purpose was to create a limited national government, tocreate a set of laws to govern the United States, andto leave most of the political power with the states.

– One government in which two levels of government shared fundamental powers.

State governments were supreme in some matters, whileNational governments were supreme in other matters.

Page 21: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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The Articles of Confederation structured a Congress whose delegates were chosen by state legislatures, with no President (executive branch) or national court system (judicial branch).

The Congress was made up of the delegates from the states, chosen by the state legislatures, this was done so that no one person, such as a President, could have too much power. (Add notes to study guide)

Page 22: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Why did differences between the states cause problems of representation in the new government?

• Problems of representation in the new government was people could not decide whether delegates to a new government should represent a state’s population or each state should send the same number of representatives.

Page 23: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Articles of ConfederationFirst national body of laws adopted by the US following its declaration of independence.

It proved ineffective because it did not give enough power to the national government.

Page 24: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Articles of Confederation

• First national government• Unicameral Congress• One vote per state regardless of

sizeStrengths:• Had the power to make war,

negotiate treaties, request troops and taxes from the states (did not receive help), settle arguments between states, admit new states, and borrow money.

Page 25: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Strengths of the Articles of Confederation

National government had the power to declare war, make peace, and sign treaties (with at least two-thirds (9 of 13 states) of the states approval). It could borrow money, set standards for coins and for weights and measures, establish a postal service, and deal with Native American peoples.

Soldiers were paid an inflated $20.00 a month for their service in the American Revolution

USA: Articles of Confederation, 1781

Page 26: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Articles of Confederation

Weaknesses:• Lack of power to levy

taxes• Raise an army• Regulate trade• All 13 States had to agree

to change anything

Page 27: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Weakness of the Articles of ConfederationIt lacked the power to tax and each state had only one vote (regardless of population) which could result in laws being vetoed by a single state. There was no national unity (13 separate states).

Articles could be amended only if all states approved. Congress could not regulate interstate or foreign trade.

The articles did not create an executive branch to enforce laws and had no national court system to interpret the meaning of laws or settle legal disputes.

Page 28: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Experimenting with Confederation• When coming up with a new government, the

people of the United States had many questions to answer…

» Essential Question #2

• Explain the strengths and weaknesses of the Articles of Confederation.– (STRENGTHS) Had the power to make war, negotiate

treaties, request troops and taxes from the states (did not receive help), settle arguments between states, admit new states, and borrow money

– (WEAKNESSES) Lack of power to levy taxes, Raise an army, Regulate trade, All 13 States had to agree to change anything

Page 29: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

FROM THE TIME OF THE DECLARATION OF INDEPENDENCE UNTIL THE RATIFICATION OF THE CONSTITUTION, THE UNITED STATES FUNCTIONED WITHOUT A PRESIDENT.

George Washington was Commander in Chief of the

Continental Army during the American Revolution and first President of the United States

(1789-97)

Page 30: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

WESTERN LANDSLand ordinance of 1785 established a plan for dispensing or distributing, (surveying) the public lands .

By running a grid of lines north to south and east to west, federal surveyors divided the land into hundreds of townships, each six square miles. Once the land was surveyed it would be divided among families in small parcels. Each township was then subdivided in 36 “sections” of one square mile (640 acres) to be sold for at least one dollar per acre. This would allow for not only the rich to purchase land but poor families.

Once the land was surveyed it would be divided among families in small parcels. This would allow for not only the rich to purchase land but poor families.

Page 31: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Northwest TerritoryThe area lying north of the Ohio River and east of the Mississippi River.

Page 32: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Northwest Ordinance

Law that dividedthe area north of the Ohio River intothree to five smallerterritories andestablished guidelinesfor the admission ofnew states (settlementin the region).

Page 33: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

An accomplishment of the Northwest Ordinance of 1787 was to establish requirements for admitting new states to the union:

1. Congress would appoint a territorial governor and judges.

2. When a territory had 5,000 voting residents, it could write a constitution and elect their own government.

3. When the population reached 60,000, it could apply to be a state.

These laws were the confederation’s greatest achievements and established a blueprint for future growth of the nation.

Page 34: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Plans for settling and governing America under the Articles

• Financial chaos• Unpaid army threatened to

mutiny• Land Ordinance of 1785 were

passed to provide for settling the land north of the Ohio River—distributed public lands.

• Northwest Ordinance of 1787 outlawed slavery in land settled north of the Ohio River and gave those settlers a Bill of Rights—provided a government for the lands.

Page 35: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Political problems with the Articles

POLITICAL ISSUES• National Unity

– Each state functioned independently by pursuing its own interests rather than those of the nation as a whole. The population of states was not properly represented.

• AMENDING THE ARTICLES Each state must agree to change the

articles, one single state could stall the amending process, which resulted in changes in government being difficult to achieve.

Page 36: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Economic problems with the Articles

Huge debt that Congress has amassed during the

Revolutionary War ($190 million) in which the Continental Congress had to borrow from foreign countries. After the war, the Continental money was worthless.

Unable to impose tax and regulate interstate or foreign trade.

Page 37: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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FOREIGN ISSUES UNDER THE ARTICLES OF CONFEDERATIONThe United States could not pay its debts to the British (war debt). The United States not able to compensate loyalists for property loss suffered during the American Revolution. As a result, Great Britain refused to evacuate their military forts on the Great Lakes.

Spain presence on the borders of the United States posed another threat to westward expansion. Spain also closed its waters on the Mississippi.

Page 38: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

DISCOURAGED CENTRALIZED AUTHORITY

The states felt that a centralized authority would diminish their own independence. They may have remembered the failure to the English Commonwealth under Cromwell. They also feared the kingly power if they decided on a strong central government.

Page 39: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Shays rebellion»Daniel Shays was angry: after having fought at

Bunker Hill and Saratoga, Shays returned to his farm. He was in debt, and faced prison. He felt he was the victim of too much taxation.

• Fall and Summer of 1786: Shays leads an army of farmers to close the courts. Shays Rebellion was a protest by farmers who faced problems from debts they owed to creditors. Daniel Shays protest of the Massachusetts taxes included 1,200 farmers attempting to raid an arsenal which resulted in 4 deaths by the state militia.

• This rebellion made people talk about the need for a stronger national government.

Page 40: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Shays cont’d

• In 1787 Shays leads his army to Springfield, Massachusetts, to raid the arsenal.

• Massachusetts calls out the state militia, which kill four rebels and scatters the rest.

• Clearly, if this many farmers were willing to rebel, something was wrong.

• Shay’s rebellion made states decide to participate in the Philadelphia convention because some states had already feared uprising in their state. Shay’s rebellion showed the weaknesses of the national government in dealing with economic problems.

Page 41: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Shays’ Rebellion (1786) Essential Question #3

Explain the build up to and significance of Shays Rebellion.

Desperate farmers from Massachusetts angry over property taxes. Led by Revolutionary War hero, Daniel Shays. Revolt finally put down by a private army funded by citizens from Boston. Pointed out just how weak the national government was under the Articles.

Essential Question #4Why did the nation’s leaders decide to meet to reexamine the Articles of Confederation?• A convention was called for the summer of 1787 to revise the Articles

due the Shays Rebellion showing the lack of the federal government’s power within the states.

http://www.history.com/videos/10-days-shays-rebellion-americas-first-civil-war

Page 42: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Questions for Review1. What is a unicameral legislature?a. a lawmaking body with a single house of elected representativesb. a lawmaking body with two houses of elected representativesc. an executive committee that preserves Britain’s political traditionsd. an executive committee that shares power with state governments

2. Under the Articles of Confederation, who chose the federal government’s congress of delegates? a. the president c. state governors b. the people d. state legislatures

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a. a lawmaking body with a single house of elected representatives

d. state legislatures

Page 43: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

3. Under the Articles of Confederation, small states like Rhode Island, wielded as much power as large states such as Virginia, because

a. each state had one vote in Congress.b. there was no executive branch of government.c. representation was determined by a state’s population.d. the legislature had no lawmaking power.

4. Which of the following provided a plan for governing western lands?a. Continental Congress c. Land Ordinance of 1785b. Articles of Confederation d. Northwest Ordinance of 1787

5. The delegates at the Constitutional Convention met toa. write a new Constitution.b. dismantle the national government.

c. put down Shays’ rebellion. d. revise the Articles of Confederation.

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a. each state had one vote in Congress.

d. Northwest Ordinance of 1787

d. revise the Articles of Confederation.

Page 44: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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6. Most state constitutions guaranteeda. the tyranny of the majority.b. universal suffrage.c. freedom of religion. d. the dominance of a state church.

7. What type of government did the Articles of Confederation create?

a. a strong, centralized governmentb. an alliance of weak and dependent statesc. a loose confederation of strong state governmentsd. a federal system with a bicameral legislature and a

president

8. What event caused the delegates to seek a strong central government? a. American Revolutionary War c. Shays Rebellion b. Whiskey Rebellion d. Bill of Rights

c. freedom of religion.

c. a loose confederation of strong state governments

c. Shays Rebellion

Page 45: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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SSUSH5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution.

c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery.

Page 46: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Nationalists Strengthen the Government

• Shays’ rebellion caused panic and dismay throughout the nation because every state had farmers in debt.

• It became clear that it was time to talk about a stronger central government

• George Washington addresses the issue…

Page 47: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Key Terms

• James Madison• William Patterson• Roger Sherman• Great Compromise• Federalism• Three-Fifths Compromise• Legislative Branch• Executive Branch• Judicial Branch

• Popular Sovereignty• Separation of Powers• Limited Government• House of

Representatives• Senate• Supreme Court• Checks and balances• Electoral college

Page 48: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Constitutional ConventionIn 1787, a delegation met in Philadelphia to revise the Articles ofConfederation. Shays’ Rebellion revealed the weakness ofthe national government under the Articles of Confederationin its lack to stop states from rebelling. The Articles of Confederation were flawed and needed major changes. Thedelegates’ purpose was to make changes to the Articles ofConfederation.

All the delegates in attendance (only Rhode Island did not send representatives).

Page 49: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Call for Convention• One of the nation’s biggest problems was

trade between the states.– Issues with taxes and navigation rights

• In September 1786, James Madison of Virginia and Alexander Hamilton called a meeting to discuss issues of interstate trade

• Only 5 states sent representatives to the convention held in Annapolis, Maryland

Page 50: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Page 51: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Constitutional ConventionPhiladelphia, 1787

• 55 delegates including all the important people show up: Madison, Franklin, Hamilton all show up

• Washington elected to serve as the presiding officer over the convention.

• They decided the Articles should get tossed and a whole new plan of government created.

Page 52: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

WASHINGTON—BORN TO LEAD *Constitutional Convention*

George Washington’s role in calling the convention was tospeak out against the rebellion and call for a change of government. His leadership in the American Revolution was very convincing to others in need of a strong support for a strong central government.

George Washington was selected president of the convention because he became a great leader duringthe time of turmoil when the country had no official leader.His courage, dedication, bravery, and intelligence of thevictory in the American Revolution.

Page 53: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Big States vs. Small States–Big states: wanted congress to be composed of

two houses and delegates should be assigned according to population (favored representation of each state based on population).

• Small states: wanted a congress of one house because each state should be preserved and each state should have one vote (favored equal representation of each state).

Page 54: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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James Madison’s Virginia Plan

James Madison— the Father of ourConstitution, Madison dedicated himself to recording notes andspeeches in the Philadelphia conventions. His political leadership during the time of need allowed him to obtain thetitle (Father of the Constitution). Madison alsoproposed the Virginia plan.

Page 55: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Virginia PlanMadison’s Virginia plan— It divided power among the threebranches (Legislative, Executive, and Judicial) and proposeda bicameral, or two-house, legislature, with membership based on each state’s population (meaning states with larger population would have more seats than states with fewer residents). Voters would elect members of the lower house, who would then elect members of the upper house. This gave more power to states with large populations. The legislature would have the power to veto state laws. A strong President would head the executivebranch.

Page 56: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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New Jersey Plan• William Patterson’s New Jersey plan— proposed a

unicameral or single-house legislature, in which each state had an equal representation (voice). This gained support of the small states and recognized states’ sovereignty. An executive committee would head the government, not a President.

There is a deadlock in congress, with neither state willing to budge…

Page 57: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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The Great Compromise• Roger Sherman of Connecticut (a political leader,

successful merchant who studied law and became politically involved in the convention; he also helped draft the Declaration of Independence) suggested the Great Compromise which resolved the issue of state representation in the national legislature.

• This offered a two-house legislature to satisfy both small and large states• Each state has equal representation in the Senate population would determine representation in the House of Representatives.

Page 58: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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The Great CompromiseMost state plans were named after the state the delegate represented so the Great Compromise was also called the “Connecticut Compromise”. It combined the New Jersey’s Plan’s proposal of equal representation for all states with the Virginia Plan’s proposal of abicameral legislature by making the members of the Senate equal in number for each state and the members of the House of Representative dependent on population.

Page 59: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.
Page 60: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Great Compromise settled Political Representation

Great Compromise each state would have equal representation in the Senate, or upper house. The size of the population of each state would determine its representation in the House of Representatives, or lower house. Voters of each state would choose members of the House. State legislatures (House Representatives) would choose members in the Senate. TODAY

• SENATE: 2 SENATORS FROM EACH STATE• HOUSE OF REPRESENTATIVES: BASED ON POPULATION

Sherman’s Compromise was a SuccessSherman’s plan pleased both those who favored government by the people and those who defended states rights insofar as it preserved the power of state legislatures (resolved issues with large and small states).

Page 61: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Is Representation Successful?• Sherman’s Great Compromise was a failure due to

failing to resolve conflict on Slavery because the population based on representation raised the question of whether slaves should be counted as people.

• Explain the debate regarding the representation in Congress. There was still the issue of slaves when it came to population. Most southern states raised the question on whether slaves should be counted as people toward population, in order to get more representatives from their state.

Page 62: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

What about the issue of slavery?• A fundamental economic and social division began

to erupt over the issue of slavery.

• Southern, agriculturally based states relied heavily on slavery and slaves constituted a significant portion of their populations.

• Northern states opposed counting slaves for representation in government because they were not citizens and their population could easily be increased, tipping control of the federal legislature to the southern states.

Page 63: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Three-Fifths (3/5) Compromise— called for 3/5 of a state's slaves could be counted as population within that state’s representing body. The increase in population resulted in additional seats in Congress and additional electoral votes. Northerners disagreed due to having less slaves resulting in less representation in the house. Southerners agreed due to having more slaves resulting in more representation in the house and more power in presidential elections.

3/5

Page 64: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Page 65: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Experimenting with Confederation• When coming up with a new government, the

people of the United States had many questions to answer…

• What was the relationship of the federal government and the state governments?

• This introduced the concept of federalism

Page 66: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Creating a New Government• After Slavery and Representation, delegates set their eyes

on how to divide power between the states and the national government

• A new system, federalism, was introduced• Federalism—Power should be divided between the

state and national government. The national government is separated by the three branches of government. The Constitution divided the national government into these three branches called the Legislative, Executive, and Judicial.

• Some powers are shared, others are specifically delegated to the state or federal government

Page 67: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

National government vs. State governments

The national government has the power to control foreign affairs, provide national defense, regulate trade between states, and coin money. The state governments have the power to provide and supervise education, establish marriage laws, and regulate trade within the state.

Page 68: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Limited GovernmentThe new system of government was a form of federalism which divides the powers of government between the national government and state government.

Powers granted to the national government by the constitution are known as delegated powers or enumerated powers.

Powers kept by the states are called reserved powers.

Both levels of government share such powers called concurrent powers such as the right to tax, to borrow money, to pay debt, and establish courts.

Page 69: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

New System of National Government The delegates agreed to adopt a system that divided power between the federal government and state governments; the federal government would have three branches: Legislative, Executive, and Judicial.

The Legislative branch would be bicameral, with one house’s representation based on a state’s population and the other house’s representation equal for all states.

A strong President would head the Executive branch.

Federal courts would make up the Judicial branch.

Page 70: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Separation of Powers• The delegates created three branches

– Legislative branch to makes laws and changes to existing laws based on the Constitution and the Bill of Rights (House of Representatives & Senate).

– Executive to carry out/enforce laws (President, Vice President, and Cabinet).

– Judicial to study--interpret/reviews laws (U.S. Supreme Court).

• Established a system of checks and balances.• Also established the electoral college, a group of

electors to cast votes for the candidates

Page 71: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Leaders of the Branches of Government Legislative Branch

Austin Scott—3rd District (Rep-House of Representative)

Johnny Isakson—Senator (Republican)

Saxby Chambliss—Senator (Republican)

Page 72: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Leaders of the Branches of Government Executive Branch

PRESIDENT CABINET V-PRESIDENTBARACK OBAMA JOE BIDEN

Page 73: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Leaders of the Branches of GovernmentJudicial Branch

US Supreme Court Justices

Page 74: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Checks and BalancesThe system preserves the power of government by ensuring that no branch becomes powerful enough to diminish the power of another branch.

This maintained separation of power among the branches of the federal government is called checks and balances—provided to prevent one branch from dominating the others.

President EXECUTIVE BRANCH CAN VETO CONGRESSIONAL BILLS.

LEGISLATIVE BRANCH CAN OVERRIDE PRESIDENTIAL VETO BY 2/3 VOTE APPROVAL.

JUDICIAL BRANCH CAN DECLARE CONGRESS LAWS AND PRESIDENTIAL ACTIONS UNCONSTITUTIONAL.

Page 75: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Distrusted of the people to elect the PresidentThe framers did not trust the uneducated masses to elect a President because many educated leaders felt the masses would not be informed of presidential duties to help benefit them in the long run.

Electoral College—Who represents it?The leaders of the constitutional convention feared placing to much power in the hands of the people. The delegates came up with the Electoral College. This would be a group of delegates chosen by a state to vote for the President and Vice President (would cast ballots for the candidates) at this time the Electoral College would at the Constitutional convention would select Senators and House of Representatives.

Page 76: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Difficulties might presidents encounter by winning the electoral vote but losing the popular vote

The president would not have the support of the people behind him. He would not become a popular president; every move the president makes would be criticized. His legacy might be viewed by some as illegitimate. They may have a harder time finding support for their programs. The country would be divided on issues affecting the nation.

Election year—2000---What happened?

The 2000 Presidential election: George Bush and Al Gore. Al Gore won the popular vote by a margin of almost 540,000 votes. The Electoral College gave George Bush 271 electoral votes (one more than the needed 270 to win the Presidency.

Page 77: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

2000 ELECTION GORE VS. BUSH

GA POP. 9 MILLION FL POP. 17 MILLION

13 ELECTORAL VOTES 35 ELECTORAL VOTES

GORE 7 MILLION VOTES****** 8 MILLION VOTES

BUSH 2 MILLION VOTES 9 MILLION VOTES*******

GORE WINS GEORGIA’S 13 ELECTORAL VOTES (WINNER TAKES ALL) BUSH WINS FLORIDA’S 35 ELECTORAL VOTES (WINNER TAKES ALL)

GORE HAD MORE POPULAR (CITIZENS) VOTES WITH 15 MILLION VOTES VERSUS BUSH’S 11 MILLION VOTES

BUT BUSH WINS THE PRESIDENCY DUE TO HAVING MORE ELECTORAL

VOTES. The big states/more populated states generally have more electoral votes which is why

most candidates travel to those areas often.

Page 78: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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SSUSH5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution.

b. Evaluate the major arguments of the anti- Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist Papers concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

Page 79: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Key Terms

• Ratification• Federalists• Anti-federalists• Federalists Papers

• Bill of Rights• US Constitution• Impeachment• Amendments

Page 80: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.
Page 81: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

What Kind of Plan? Whose Ideas Are Best?Two Different Factions

Federalist:• Favored strong central

government• Believed in a “loose”

interpretation of the Constitution• Encouraged the growth of

business• Encouraged urbanization & an

economy based on industry and commerce

• Supported by Washington, Hamilton, & Adams

Anti-Federalists:• Favored a weak central

government & stronger state governments.

• Believed in a strict interpretation of the Constitution

• Encouraged the development of farming (agriculture)

• Wanted a rural American society

• Supported by Jefferson and Madison

CONFLICT!!!

Page 82: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Federalists—supports of the constitution because they favored a balance of power between the states and the national government.

Anti-federalists—opposed having such a strong central government, thus against the constitution.

ARGUMENTS

The Anti-federalists feared that government would serve the interests of the privileged minority and ignore the rights of the majority. They also stated the constitution did not protect the individual rights, that a single government could not govern such a large country, and that there would be abuse of power by such a strong central government. Finally, they wanted the Bill of Rights to protect personal liberties of individual citizens.

Page 83: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

FEDERALISTS VIEWS

The Federalists stated a strong central government was needed to tackle the new nation’s problems and insisted that the division of powers and the system of checks and balances would protect Americans from the tyranny of centralized authority.

Page 84: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

The Federalist Papers were written by Federalist leaders John Jay, James Madison, and Alexander Hamilton to get New York to ratify the constitution. It was a series of 85 essays that analyzed the constitution and explained why ratification of the constitution would be beneficial. It also argued that the division of powers and the system of checks and balances would protect Americans from tyrannical authority or a centralized authority.

Page 85: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Anti-federalists stated the Constitution created a powerful national government, making the Bill of Rights necessary to protect the people. Federalists stated the Constitution gave only limited powers to the national government and so it could not violate the rights of the states or people.

James Madison, being a leading Federalist and framer of the constitution, used his experience and powers of persuasion to win support for the United States Constitution. He promised to ratify the Bill of Rights, if the states ratified the Constitution.

Page 86: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

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Creation• The delegates

provided a means of changing the Constitution through the amendment process

• After the convention, the Constitution had to be sent to Congress for ratification, or approval…

Page 87: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Bill of Rights helps to approve the US Constitution

The Federalists pledged to add the Bill of Rights to the U.S. Constitution. This pledge would help them win the support of additional states they needed to ensure ratification. Before the Constitution could go into effect it had to be ratified by 2/3 of the states.

Ratification—official approval—required the agreement of at least nine states of the thirteen states.

The Constitution was ratified on September 17, 1789—the Bill of Rights added December 1791.

Delaware was the first and New Hampshire was the ninth.

Page 88: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

I - Freedom of speech, press, religion, assembly, and petition.

II - Right to keep and bear arms.

III - Conditions for quarters of soldiers (protection from having to house soldiers).

IV- Right of search and seizure regulated (protection from having home being searched).

V- Provisions concerning prosecution (provides that certain steps be taken if someone is charged with a crime).

Page 89: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

VI - Right to a speedy trial, witnesses, etc. VII - Right to a trial by jury (civil lawsuits, court cases involving private rights).VIII - Excessive bail/cruel punishment (right to fair punishment). IX – Rights maintained by the people (to make sure rights not mentioned in the Bill of Rights would also be protected). X - Rights of the states under Constitution.

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Page 90: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

THE BILL OF RIGHTS

The first eight amendments spell out thepersonal liberties the states had requested.

– (1st) religious and political freedoms, (2nd) right to bear arms, (3rd) freed from quartering soldiers, (4th) freed against unreasonable searches and seizures, (5th) rights of accused persons, (6th) right to a speedy public trial, (7th) right to trial by jury, and (8th) limits on fines and punishments.

The ninth and tenth amendments impose general limits on the powers of the federal government.

The expansion of democracy came from later amendments, changes to the constitution.

Page 91: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Third Amendment

The third amendment (freedom from quartering soldiers/troops) which prevented the government from housing troops in private homes during peacetime because this violated privacy of others also everyone was familiar with amendment #2 (right to bear arms).

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Page 92: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Ratify the US Constitution…Basic Principles

In each state, a specially elected convention debated ratification and determined whether to approve the Constitution. The approval of nine of the thirteen states was needed and obtained.

The key principles of the Constitution are popular sovereignty, limited government, separation of powers, federalism, checks and balances, and representative government.

These principles and because the Constitution provides a process has enabled it to endure for more than 200 years.

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Page 93: Chapter 5 Creating the Constitution. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation.

Why amending the Constitution is difficult?So that amending the Constitution would be taken seriously and changes could not be made only to suit or favor a specific individual, group, or cause.

How many times has the U.S. Constitution been changed? What are these changes called?

The Constitution has been changed 27 times=27 amendments added.

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