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“Forming A More Perfect Union”
A Loose Confederation
It was hard to write a Constitution that all states would approve of.
Certain states were reluctant to give up power to a “central government”
The Articles of Confederation created a loose alliance of the 13 independent states.
This was our government from 1776-1788.
The Articles of Confederation
Under the Articles of Confederation, the states could send representatives to Congress.
Each state had one voteCongress could
declare warappoint military officers create coin moneywere also responsible for foreign
affairs.
Congress could not tax or raise money - no state could be forced to contribute
funds.
The Articles included no president to execute laws. It was up to the states to enforce laws passed by Congress.
States often fought with one another. New Hampshire and New York fought over
who owned Vermont Money issues were becoming serious
concerns
Their powers were limited..
Many states thought the Articles of Confederation did not work
A convention was held (Philadelphia Convention)
Met in May of 1787It was a very hot summer
A Call for Change
Great Compromise
Virginia Plan New Jersey Plan
Fill out your chartReference pages 164-165
Great Compromise:Large States Small States
3/5 CompromiseSouthern
delegates wanted slaves to be
counted as part of their state
population (this would give them
more representatives
and more power in Congress)
Northern wanted the number of slaves to be used to determine taxes ($$$), but not representatives. (this would collect more taxes w/o giving up power in Congress)
Only 3/5 of a state’s slave population would count when determining representation
Across the nation, Americans discussed the new constitution, and decided some extra things needed
to be added. (This is where the amendments, or the “buts” come in)
Anti-federalists: want to add more “rights” to the Constitution. (After all, the Americans had just fought a Revolution to protect their freedoms.)
Federalists: it would be impossible to list all of the rights of the people. They figured the Constitution protected the citizens well enough.
Federalists Vs. Antifederalists
In the end, it was the anti-federalists who won and knew that eventually if their rights weren’t spelled out, they
would be ignored.
Winner!!!
List of freedoms that the government promises to protect. The first 10 Amendments of the U.S Constitution
Bill of Rights
Freedom of Religion, Speech, Press, Assemble and Petition. “Congress may not abridge or limit, the
freedom to speak and write freely. The gov’t may not censor, or review, books and newspapers before they are printed. This amendment also protects the right to assemble or hold public meetings”
1st Amendment
Can Congress require that every citizen has to follow a certain religion?
NO!
The Right to Bear Arms
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms.
Each state has its own right to maintain a militia, an armed force for its own protection. Today, the militia is the Nation Guard.
2nd Amendment
Lodging Troops in Private Homes
“No Soldier shall, in time of peace, be quartered in any house, with-out consent of the owner; nor in time of war, but in a manner to be prescribed by law”
3rd Amendment
Search and Seizure
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”
Warrants must be issued with probable cause
4th Amendment
If a police officer is walking down the street and wants to search your house, can he?
He must have a search warrant from a judge, showing probable cause.
NO!
Rights of the AccusedCapital Crimes- ones that can be punished with
death. Infamous Crimes- those that can be punished with
prison or loss of rights
NO DOUBLE JEOPARDY- a person cannot be tried twice for the exact same crime- unless a court sets aside a conviction because of legal error.
A person cannot be forced to testify, or give evidence against himself or herself. “I plead the fifth”
5th Amendment
Right to Speedy Trial by JuryIn all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial , by a nonbiased jury of the state and district where the crime was committed.
The jury must hear both sides of the story before making a decision.
If you cannot afford a lawyer, you will be provided with one.
6th Amendment
Jury Trial in Civil CasesPeople suing people (Judge Judy, Judge Joe
Brown)Any lawsuits with the value of $500 has the
right to be tried by jury.An appeals court cannot change a verdict
because it disagrees with the decision of the jury.
Has to go to the Supreme Court (state or federal)
7th Amendment
Bail and PunishmentBail- money the accused leaves with the court
as a pledge to appear for trial. If the accused does not appear for trial, court keeps the money.
Excessive bail is illegal, along with cruel and unusual punishment. - Excessive means too high, no court is allowed to
impost unreasonably high bail.
8th Amendment
Powers Reserved to the People- The rights in the Constitution apply to
everyone, these are not all of our rights, we have more that are not listed.
This amendment was added because people feared that the Bill of Rights would be used to limit rights to those actually listed.
9th Amendment
Powers Reserved to the States
Gives power to the states to decide.What does not belong to the federal
government, belongs to the states. Purpose is to limit the powers of the federal
government.
10th Amendment
Who makes the laws on speed limits?The Federal Government, or The State of Michigan?
THE STATE OF MICHIGAN
The Constitution contains a preamble (introduction)
What else is in the Constitution?
We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the
United States of America.
-Descriptions of the separate branchesStates rights-How to ratify (change) the Constitution.
-Additional Amendments were added over time, slavery amendments, voting rights, prohibition.
What else is in the Constitution?
George Washington was inaugurated (sworn into office with oath) in New York City on April 30th, 1789
Washington set a precedent (an act or a decision that sets an example for others to follow) by not running for a third term.
Washington chose well known leaders to serve with him in his cabinet- Thomas Jefferson and Alexander Hamilton
Before retiring in 1796. George Washington published a Farewell address.
President George Washington
When Washington took office in 1789, the US had no political parties.
By the time Washington left office, 2 rival political parties had emerged to compete for power.
Members of Washington's cabinet began to fight and disagree on political matters.
Thomas Jefferson was considered a Democratic Republican, and Alexander Hamilton was considered a Federalist.
Growth of Political Parties
Democratic Republicans- believed in states rights with a weaker central government and a strict interpretation of the constitution.
Federalists wanted a strong federal government and a strict interpretation of the constitution.
Republicans vs. Federalists
The END!