Creating the Constitution - PC\|MACimages.pcmac.org/.../SSUSH_5_The_US_Constitution.pdf · Standards SSUSH5 The student will explain specific events and key ideas that brought about

The United

States

Constitution

The Supreme Law of the Land

Standards

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.

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 concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison.

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

d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

e. Explain the importance of the Presidencies of George Washington and John Adams; include the Whiskey Rebellion, non-intervention in Europe, and the development of political parties (Alexander Hamilton).

Confederation v. Federation

Confederation: A confederation is an

association of sovereign member states,

that by treaty have delegated certain of

their competences to common

institutions, in order to coordinate their

policies in a number of areas, without

constituting a new state on top of the

member states

Confederation v. Federation

Federation: a type

of sovereign state

characterized by a

union of partially

self-governing

states or regions

united by a central

(federal)

government.

Introductory Video

America Gets a Constitution

The Articles of Confederation

After independence, states chose how

they were to carry out a their own

republican form of government

1777 – Continental Congress adopted the

Articles of Confederation (Ratified 1781)

Some powers granted to central

government but MOST were left up to

individual states

Problems with the Articles

Federal gov’t could declare war and other foreign affairs

Federal gov’t have no power to collect taxes, relying only on contributions from states

Resolving MAJOR issues required 2/3 of the states to approve (9 total)

Any amendments to the Articles took the approval of all 13 states

Governing Western Lands In the Land Ordinance of 1785 Congress laid out

plans for peacefully settling Western land ceded from France in the 1763 Treaty of Paris.

The Northwest Ordinance of 1787 Outlined the steps for a territory to apply for

statehood. Ohio, Indiana, Illinois, Michigan, Wisconsin and parts

of Minnesota

BANNED SLAVERY in these territories

Led to increased interaction with Natives; broke the promise of the Proclamation of 1763

Called for establishment of free public schools

Shay's Rebellion

(Massachusetts, 1786-1787) The wealthy investors that

had paid for the Revolution wanted their money back.

The states raised taxes to pay the debt.

Poor farmers rioted in protest of the raised taxes. (Led by Daniel Shay)

Massachusetts didn’t have the money to raise an army to stop the riots.

Congress didn’t have the power to tax to raise a national army to stop the riot

Effects of Shay’s Rebellion

People would defy any government that acted against their wishes.

It showed America that the federal government had to be strengthened to avoid civil unrest.

Forced Americans to reevaluate the “strength” of a confederation and move to a stronger central government

Shay’s Rebellion showed the weaknesses of the Articles of Confederation

Constitutional Convention, 1787

Meeting in Philadelphia, 1787

Spring/Summer 1787,

leaders from 12

states (all except

Rhode Island) met in

Philadelphia at

Independence Hall

to REVISE the Articles

of Confederation

Elected George

Washington as

president of the

convention

Federalists vs. Anti-Federalists Two different groups emerged from the

debate over whether to revise the Articles or create a brand new Constitution

Federalists –favored a strong central government (John Adams, James Madison, Alexander Hamilton)

Antifederalists- favored states’ and individual rights, feared a strong central government would lead to tyranny (Thomas Jefferson, Samuel Adams, Patrick Henry)

James Madison Rival to Hamilton at

the Convention

“Father of the Constitution”

Believed a large republic with diverse interests would preserve the common good

Alexander Hamilton

Rival to Madison at

Convention

Favored government

ruled by aristocracy

and monarchy

Looked out for the

interests of

businessmen and the

wealthy

Rival Plans of Government Delegates debated how best to distribute

representatives to the new Congress for each state

Virginia Plan – proposed by Madison; bicameral (two house) legislature with larger populated states having more members

New Jersey Plan – would retain unicameral (one house) legislature and all states have EQUAL number of members

The Great Compromise Introduced by Roger

Sherman

Proposed bicameral legislature to appease both sides Senate – EQUAL

representation; 2 per state

House of Representatives –based on population

Also divided power between federal and state governments (system known as Federalism)

Slavery and the Three-Fifths

Compromise

Debate sparked between Northern and

Southern delegates

South feared domination by North, which

had far more free peoples

South feared that the institution of slavery

would be in jeopardy

All knew that the issue of slavery could

tear apart the newly formed country

Slavery and the Three-Fifths

Compromise

1st – Constitution forbade Congress from

blocking the importation of slaves for 20

years (until 1808).

2nd – 3 out of every 5 slaves could be

counted in allocating state representation

3rd – All states required to return fugitive

slaves to their owners

Ratifying the Constitution Founding Fathers decided

that ratification by only 9 states would be enough to put into law the new Constitution

“The Federalist Papers” –series of essays written by Hamilton, Madison and John Jay (right) promoting the views of the Federalist faction

Still many states were Anti-Federalist and refused to ratify

Bill of Rights Only after many state

conventions were promised an individual “Bill of Rights” did they ratify the Constitution.

Bill of Rights – first 10 Amendments; composed by James Madison

Intended to protect individuals from a strong central government and give them certain specified rights

Included freedom of religion, petition, assembly, the press, legal rights, right to bear arms, etc.

The Bill of Rights1. Freedoms of Speech,

Assembly, Religion, Press,

petition for redress of

grievances

2. Right to bear arms

3. No quartering act

4. Privacy, search and

seizure

5. Due process, double

jeopardy, self

incrimination

6. Speedy, public trial

7. Trial by jury

8. Prohibits cruel and

unusual punishment

9. Rights not specifically

mentioned are also

protected

10. All powers not

delegated to the

Federal government are

reserved for the states

Principles of New Constitution

(AKA words you need to know)

Popular sovereignty – gov’t derives its

political authority from the people

Limited Government – the central gov’t

has ONLY the powers the Constitution

gives it

Separation of Powers – gov’t divided

among three branches (legislative,

executive and judicial): Montesquieu!

Principles of New Constitution

(AKA words you need to know)

Federalism – federal and state gov’ts

share power

Checks and Balances – each branch has

the power to limit actions of the other two

Representative democracy (Republic) –

citizens elect reps to gov’t to make laws

Electoral College – group of people

chosen by each state who directly elect

the President

President George Washington - #1 Established enduring

precedents 2 term tenure

Cabinet

Proclamation of Neutrality

Federal Court System (1789)

Creation of 13 circuit (one in each state) and 3 courts of appeals throughout nation

Warned about development of political parties

Development of Political

Parties – Alexander Hamilton Hamilton formed the

Federalist Party who believed

in a very strong central

government

Federalists pushed to: Increase Federal power

Place a high tax on whiskey

Sponsor a protective tariff (Tariff

of 1789) to pay off debt from

Revolution and operate

government

Sponsored the creation of a

national bank

Development of Political

Parties – Thomas Jefferson Jefferson formed the

Democratic-Republicans

who believed in preserving

the power of the states

Democratic-Republicans

believed: Maintain power among

state governments

Federalists policies focused

on the wealthy at the

expense of the common

man

The Whiskey Rebellion It occurred because of the tax on

whiskey.

Whiskey was important to western farmers

because it was a product of corn that

could be shipped east for sale.

The poor farmers rebelled against the tax.

Washington used the army to put down

the rebellion.

This demonstrated that the new

government was committed to enforcing

its laws and that the new Constitution

worked.

President John Adams - #2 Only Federalist president

Presided over:

XYZ Affair France tried to interfere with US

trade after the US made a trade agreement with Britain

France tried to bully the US into a bribe to resume free trade

US remained neutral

Alien & Sedition Acts Increased the time for citizenship

from 5 to 14 years

Made it illegal to speak out against or criticize the President or Congress

Virginia & Kentucky Resolutions Push by Dem-Republicans for

states to nullify federal laws they considered unconstitutional (in response to Sedition Act)

COMPARE/CONTRAST CHARTFEDERALISTS/FEDERALIST

PARTY

ISSUES ANTI-FEDERALISTS/

DEMOCRATIC-

REPUBLICAN PARTY

1)GOVERNMENTAL

POWER

2) TAXES

3) LAWS/RULES

4) FOREIGN

INTERVENTION