·         This era evaluates the strengths and weaknesses of the Articles of Confederation and understands the need for a new government.

·         Issues and compromises that were addressed at the Constitutional Convention.

·         Establishment of the U.S. Constitution through compromises and influences from past documents (Magna Carta, Mayflower Compact, Declaration of Independence, Fundamental Orders of Connecticut, and the English Bill of Rights)

·         Federalists and Anti-Federalists

·         Individual rights are guaranteed in the Bill of Rights and how these amendments pleased the Anti-Federalists

·       Philadelphia Convention 1787

·       Great Compromise

·       3/5s Compromise

·       Federalist and Anti-Federalist points of view

·       Federalist Papers

Bill of Rights

Writing of the United States Constitution

Written during the American Revolution

*Occurred at the Second Continental Congress (1776)

*Created a new form of government for the independent colonies

   *one branch, a Congress, including one representative from each of the former colonies

*Articles created a “firm league of friendship” where “each state retains its sovereignty, freedom and independence

Representation

1.      Virginia Plan: large state plan that proposed representation on population size

2.      New Jersey Plan: small state plan that proposed equal representation among all states

Compromise

Great Compromise: Constitution resulted in a two-house legislature with the House of Representatives based on population and the Senate maintaining equal representation from all states

Issue

How slaves should be counted regarding population and taxation.

Compromise

Three-Fifths Compromise: three-fifths of the slave population would be counted when setting direct taxes on the states and three-fifths ratio would also be used to determine representation in the legislature

o   Federalists – argued for a stronger national government because under the Articles of Confederation, the weak national government set the United States up for failure.

o   Anti-Federalists – argued that states’ rights should remain powerful over key issues; remained the opinion that we fought the Revolution to get away from strong central government; desired to protect individual liberties

Compromise: the U.S. Constitution is ratified and the Bill of Rights is added

·        1215; Runnymede, England

·        Limited the power of the King of England

·        This document influenced the United States’ Constitution

·        The Constitution limits the power of the central government

·        Trial by jury

An innocent man cannot be put into jail without a trial

·       1689

·       Limited the power of the King

·       Listed individual rights of the people that could not be taken away by the King

This document influenced the United States’ Constitution Bill of Rights

·       1620

·       Written by the Pilgrims

·       An agreement that established majority rule and self-government

·       The Pilgrims pledged to remain loyal to Great Britain

A series of essays written in support of the United States Constitution.

·        Focused on the need for a strong central governement with restricted (limited) powers.

·        Supported separation of powers amd checks and balances.

Written by: Alexander Hamilton, John Jay, and James Madison

A series of essays written against the United States Constitution.

·        Feared a strong central government

·        Felt the Constitution lacked protection for individual rights

Written by: Thomas Jefferson and Patrick Henry

1.    States’ rights (a result of a strong fear of a tyrannical leader)

2.    Confederation of states with equal voice in Congress

Congress had power to make war and peace, sign treaties, raise an army and navy, print money, and set up a postal system

1.      No national taxes – no way to raise national money to pay an army, navy, or other national interests; had to ask the states for money which was often ignored

2.      No federal court system – no way to settle disputes between the states

3.      Lack of a strong federal government – reduced ability to settle disputes over state boundaries

4.      No power to regulate commerce – arguments about taxes on goods that crossed state borders

5.      No federal leader – no Executive to lead the country

Limited military = no protection

An armed rebellion of farmers in Massachuestts led by Daniel Shays.

Showed that the government could not keep order and a stronger form of national government was needed.

Supporters of the United States Constitution.

Argued for a stronger national government.

Under the Articles of Confederation the weak national government set the United States up for failure.

Wanted to go beyond the stated powers of the Constitution.

Used the “necessary and proper” clause to justify forming a National Bank that was necessary and proper for the United States economy to develop.

Served as a delegate from New York at the Constitutional Convention.

Leading member of the Federalists.

Known as “the Father of the Constitution”

Helped write the Federalist Papers with John Jay and Alexander Hamilton

Authored the first 10 Amendments (the Bill of Rights) to compromise the Anti-Federalists

Against the Constitution

Argued that states’ rights should remain powerful over key issues

Kept the opinion that we fought the Revolution to get away from strong central government

Believed that the Constitution should protect individual rights

Was so opposed to the idea of a stronger national government that he refused to attend the Philadelphia Convention because he “smelled a rat”

From Virginia

Had been an influential leader against England with his “Give me liberty, or give me death!” speech.

Leader of the Anti-Federalists. Believed in the need to restrict governmental power and supported protection of individual rights.

Served as a delegate from Virginia at the Constitutional Convention.

Made over 130 speeches against the Constitution.

1^st – Freedom of Speech, Religion, Press, Assembly, and Petition to the Government

2^nd – Bear Arms

3^rd – No quartering troops during times of peace

4^th – search and seizure

5^th – due process of law; not to be tried twice for the same crime (double jeopardy); right not to testify against yourself

6^th – right to a speedy and public trial

7^th – right to a trial by jury in civil trials

8^th – right not to have excessive bail and/or punishment

9^th – rights of the people

10^th – rights left to the states to decide

*1620-1691 -Plymouth Colony – self-governing, with each congregation independent and electing its own pastor and officers

*17^th century-Mass. Bay Colony – democratic in that they elected ministers and other officials; church closely tied to state government

*1631-Roger Williams founded Rhode Island; 1636 church and state separated

*1681-1776 – Penn’s Frames of Government guaranteed religious freedom to all settlers in Pennsylvania

*1689 – Toleration Acts; Maryland is founded for Catholics

*1791 – Bill of Rights guaranteed freedom of religion from government interference

·      Americans have the right to worship however they choose

·      The government does not have the right to interfere with religious beliefs

Sets up for official separation of church and state