The United States Constitution

Mrs. Saunders

A New Nation

• After the Revolution two attempts to were made to establish government based on republican principles.

• 1st - Articles of Confederation • 2nd - Constitution

Articles of Confederation

• Drafted in 1777 but wasn’t ratified until 1781 because of disagreements on State representation and western land claims– provided for a weak national government– no power to tax or regulate commerce among

the states– no common currency– Each state only one vote regardless of size– no executive or judicial branch

Shays’ RebellionFarmers from western Massachusetts led a violent revolt in1786 led by Revolutionary War veteran Daniel Shays. Bad harvests, economic depression, and high taxes threatened farmers with the loss of their farms and the uprising was to prevent the trial and imprisonment of debt-ridden citizens.

                                          

Shays' Rebellion caused many politicians to propose constitutional reform of the Articles of Confederation, and Shays' Rebellion figured prominently in the debates over the framing and ratification of the Constitution.

The Constitution

• national and state governments share power

• rights of states protected

• amendments

The Constitution• Balanced

competing interest – federal law “the

supreme law of the land” but limited to powers identified in the Constitution

– states still govern themselves

The Constitution

• power of large and small states (Great Compromise or Connecticut Compromise)– Senate where each state has two senators– House of Representatives with membership

based on population

• slaves counted as three-fifths of the population

The Constitution

• Establishing three co-equal branches– Legislative– Executive– Judicial

• checks and balances ensured that all three equal

Leaders of the Constitutional Convention

• George Washington, “Father of the Country”– Chairman of the

Convention (presided) – seldom participated in

the debates– lent his prestige to the

proceedings

Leaders of the Constitutional Convention

• James Madison, “Father of the Constitution”– often led the debate – kept the best record

– authored the “Virginia Plan,” which proposed three separate branches (legislative, executive, judicial)

– later authored the Bill of Rights

Bill of Rights influenced by• Virginia Declaration of

Rights (George Mason)– basic human rights should

not be violated by governments

• Virginia Statute for Religious Freedom (Thomas Jefferson)– Outlawed the established

church (government support for one favored church)

Ratification Debate• Federalist position (pro-

ratification) favored a strong national government

– checks and balances prevented any one of the three branches from acquiring to much power

– needed for interstate commerce and to manage foreign trade, national defense, and foreign relations.

– no Bill of Rights because Constitution protected basic rights and states already had bills of rights

Ratification Debate

• Anti-Federalist position (anti-ratification)

– a strong national government would take the powers of the state governments

– a national Bill of Rights was necessary

– forced the Federalists to pledge that a Bill of Rights would be added before Anti-federalist would accept the Constitution.

PreambleWe 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.

Constitution and Bill of Rights

• debate on governmental power continues today

• a blueprint for successful self-government

• has become a model for the rest of the world

Bill of Rights

• The first ten amendments to the Constitution constitute the Bill of Rights.

• These amendments were designed to protect the basic freedoms of American citizens.

• The meanings and applications of these rights have changed over time as judicial interpretations of these freedoms has changed.

First Amendment• Freedom of

Speech• Freedom of

Religion • Freedom of

the Press• Freedom of

Assembly• Right to

petition the government

Second Amendment• Right to keep and bear arms• “A well-regulated militia, being necessary to the

security of a free state, the right of the people to bear arms shall not be infringed.”

Third Amendment

• The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

Fourth - Eighth Amendments

Rights of the Accused• Fourth

– protection against unreasonable searches and seizures

• Fifth– You cannot be tried for the same crime

twice—called “Double Jeopardy”– You do not have to testify against your

self. “I plead the fifth”– You must have due process of law

before you are convicted– The government cannot take your land

unless it pays.• Sixth

– Right to speedy trial by impartial jury—meaning not favoring either side

– You must be told of charges– You must be provided a lawyer if you

cannot afford one• Seventh

– Trial by jury• Eighth

– No excessive bail– No cruel and unusual punishment

Ninth Amendment• Rule of construction of Constitution

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

• This means that there may be certain rights people have that are not listed in the Bill of Rights, which does not mean that they do not exist.

• In other words, your rights are not limited by this list.

Tenth Amendment

• Rights of the States under Constitution– 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.

• The power of the Federal Government is limited to only the powers given to it in the constitution.