Constitutional  Era – 1787 – Creation of the U.S. Government

·         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

Identify the major events of the Constitutional Time Period

·       Philadelphia Convention 1787

·       Great Compromise

·       3/5s Compromise

·       Federalist and Anti-Federalist points of view

·       Federalist Papers

Bill of Rights

Significance of 1787

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Articles of Confederation : Issues Surrounding Important Events of the American Revolution

*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

Issues of the Constitututional Convention – Representation

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

Comprom

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

Issues of the Constitutional Convention – Slavery

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

Arguments for and Against Ratification of the Constitution

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

Magna Carta

·        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

English Bill of Rights

·       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

Mayflower Compact

·       1620

·       Written by the Pilgrims

·       An agreement that established majority rule and self-government

·       The Pilgrims pledged to remain loyal to Great Britain

Federalist Papers

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

Anti – Federalist Papers

·        Feared a strong central government

·        Felt the Constitution lacked protection for individual rights

Written by: Thomas Jefferson and Patrick Henry

Strengths of the Articles of Confederation

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

Weaknesses of the Articles of Confederation

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

Shay’s Rebellion

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.

Colonial Grievances Addressed in the U.S. Constitution

Federalists

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.

Alexander Hamilton

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.

James Madison

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.

George Mason

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

9^th – rights of the people

10^th – rights left to the states to decide

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

restrictions based on content

Freedom of speech and press allow for the protection of individual rights; freedom to express information, ideas, and opinions free of restrictions

Rights Guaranteed in the Bill of Rights

Representatives are elected by the people to serve the people

Importance of Free Speech

*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

Development of Religious Freedom in the United States

*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

Impact of the First Amendment Guaranteeing Freedom of Religious Freedom on the American Way of Life

·      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