Georgia’s Constitution and the Articles of Confederation Georgia Studies.

Georgia’s Constitution and the Articles of Confederation

Georgia Studies

SS8H4 The student will describe the impact of events that led to the ratification of the United States Constitution and the Bill of Rights.

a. Analyze the strengths and weaknesses of both the Georgia Constitution of 1777 and the Articles of Confederation and explain how weaknesses in the Articles of Confederation led to a need to revise the Articles.

b. Describe the role of Georgia at the Constitutional Convention of 1787; include the role of Abraham Baldwin and William Few, and reasons why Georgia ratified the new constitution.

Learning Objectives:

Georgia’s Constitution and the Articles of Confederation

Georgia’s Constitution and the Articles of Confederation

ESSENTIAL QUESTION What led to the evolution of Georgia’s

government from a royal colony to a constitutional democracy?

Georgia’s First State Constitution

About 1/3 of Georgians remained loyal to Great Britain; they were called loyalists or Tories

1777 – Georgia Constitution adopted at Constitutional Convention in Savannah

Eight counties formed: Burke, Camden, Chatham, Effingham, Glynn, Richmond, Wilkes, and Liberty

The patriots (separation of powers and giving citizens rights to agree how they were governed Whigs) influenced a state constitution

The 1777 Georgia Constitution

The governor’s power was limited Executive Council (12 legislators) held

greatest power Council could overrule the governor’s

decisions John Treutlen appointed Georgia’s first

governor Georgia’s 1777 Constitution changed in

1789

“T” Chart Georgia Constitution of 1777

Strengths Weaknesses

• Still have Legislative Branch• Three Branches• Three Branches had separate

powers• Established counties – replaced

parishes• Established local (county)

governments

• Legislature Unicameral (one house)

• Not “Checks and Balances” – No second house in Legislative Branch

• Governor served only 1 Year• Executive Branch (Governor) was

weak – Couldn’t Veto Laws, grant pardons, “Chief Executive” only by name

• Legislative elected council – had power to veto the Governor

• Three Branches, but the Legislative was more powerful than the others

Problems with Georgia's Constitution

Distribution of Power

Unicameral

Checks and balances

CHECKING FOR UNDERSTANDING

The Articles of Confederation

First Constitution of the United States of America

Ratified (approved) on July 4, 1776

Went into effect in January 1781, when ratified by Maryland and Virginia

“T” Chart Articles of Confederation

Strengths Weaknesses

• First written constitution – Articles of Confederation (Nov. 1777)

• Had a Legislature• Strong State governments

• Weak central government

• No Executive or Judicial Branch – no one to enforce laws or hear disputes

• Did not allow the central (federal) government to levy (impose) taxes

• Weak Union, feared strong central government

• No “Checks and Balances”

• Central Government did not have taxes, so no military

• Central Government did not print money

• All power lied with the states

• Each state had an equal vote in Congress – regardless of size or population

Articles of Confederation

UnicameralNo President

No Court

Checking For Understanding

Constitutional Convention of 1787

William Few and Abraham Baldwin represented Georgia at the 1787 Constitutional Convention in Philadelphia; George Washington presided

U.S. Constitution established 3 governmental branches: Executive, Legislative, and Judicial

Each branch could check the power of the other branches (Checks and Balances).

Senate and House of Representatives established; only three-fifths of slave population would count toward representation

U.S. Constitution Ratified in 1788

Georgia was fourth state to ratify (approve) the new Constitution

Constitution could be amended (changed); first 10 amendments became the Bill of Rights

George Washington became the first President

Postwar Georgia Economy in ruin; government provided food basics

as farmers tried to reestablish their farms Capital moved to Augusta; continued to move

west as the population of Georgia expanded westward.

Georgia delegates met in 1788 and 1789; adopted state constitution (Constitution of 1789) similar to national government, with three branches

General Assembly was bicameral (two houses), Senate and House of Representatives; appointed governor and judges; controlled spending decisions

1st Ten Amendments to the US Constitution

What was the purpose of the Bill of Rights?

a. To limit the power of the central government.

b. To enumerate the rights of the citizen

Essential Question:

• First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of

• Third Amendment: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

1st Ten Amendments to the US Constitution

1st Ten Amendments to the US Constitution

• Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same 0ffense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

1st Ten Amendments to the US Constitution

• Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

• Seventh Amendment: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

1st Ten Amendments to the US Constitution

• Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

• Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.