8th Grade United States History

Objectives:□ 11.1.2 Students analyze the American

Revolution, the divinely bestowed unalienable natural rights philosophy of the Founding Fathers and the debates surrounding the drafting and ratification of the Constitution, and the addition of the Bill ofRights.

□ 11.1.3 Students understand the history of the Constitution after 1787 with emphasis on federal versus state authority and growing democratization.

Why the need for a Constitution?(Cornell notes set-up)

1. Why were the Articles of Confederation no good? 2. What were the ideals of a “more perfect union?”3. Why so many compromises? 4. What was the effect of Shay’s Rebellion?5. What did constitutional government look like?

[Note: leave your self plenty of space to take notes as we talk about each question]

Summary: After the presentation write a brief summary.

Expansionist MotivationsSettlement claims west

of the Alleghany mountains (1770s).

West of the southern states was territory of the Creeks, Cherokees, Choctaws, and Chickasaws.

Already at issue at Constitutional Convention in 1787 was whether new territory would allow slavery

1. Why were the Articles of Confederation No Good?

1st Cont. Congress 1777: established limited national government(power still with individual states).

“States hereby enter into a firm league of friendship… for their common defense, the security of their liberties, and their mutual and general welfare.”

Only one branch: the legislative (delegates from states). No executive or judicial.

Each state could send as many delegates as they wanted but each state only had one vote.

Congress could not collect taxes, raise money, and was powerless to regulate interstate commerce.

2. What were the ideals of a more perfect union?

Fought monarchy of Britain.

New government would be a democracy (government by the people).

Specifically it would be a republic (people’s voice through elected representatives).

Self-important sense of historical revolutionary moment: chance to be an example to the world.

3. Why so many compromises?

The major issues were:Strong on weak federal government.Representation: big states vs. small states.How much influence to ordinary citizens.Slavery Expansion (linked to slavery)

3. Compromise (continued)

“The Great Compromise.”

Should states with more people get more of a say?Resulted from combination of Virginia and New

Jersey Plans.Created a legislative branch with two houses

(bicameral): Senate would have two representatives from each

state (regardless of the size of the state). Small states were happy.

House of Representatives would have representatives based on the state’s population. Big states were happy.

3. Compromise (continued)

“The Three-Fifths Compromise.”

Should slaves count as people for purposes of deciding how many representatives a state would have?If slaves were included in the population count,

southern states would get power in House of Representatives.

Compromised and counted African American slaves as 3/5 of a human being (letting southern slave states count 3/5 of their slave population for purposes of representation).

4. Shay’s Rebellion (1787)Economic hardship

following Rev.

States printed money – inflation.

Mass. raised taxes instead.

Farmers in Hampshire county attacked a federal arsenal.Importance: convinced many politicians

of the need for strong federal government.

Note check: Summary

Write a brief summary of the notes from Articles of ConfederationMore perfect unionCompromises: “Great” and “3/5”Shay’s Rebellion

U.S. Constitution: Structure of Government

Representation: The “Great” and “3/5th’s” Compromises.

3 branches: Legislative, Executive, Judicial.Bicameral Legislation: 2 houses in Legislature –

Senate and House of Reps.

Separation of powers: Checks and Balances Chart.

Federal vs. State Authority (continuing tension).

Ratification To ratify something is to pass it or officially

accept it.

Federalists: Alexander Hamilton, James Madison, John Jay – in favor of a strong federal government and for passing the new constitution.

Anti-federalists: the term they gave those who were against the strong federal government and the new constitution. George Mason and Patrick Henry were most influential.

Ratification ActivityYour group is either Federalist or Antifederalist.

Your task is to convince your home state (represented by me and the rest of your classmates) either to ratify the Constitution (Federalists) or not to ratify the Constitution (Antifederalists).

AntifederalistsThe Anti-Federalists did not want to ratify the

Constitution. Basically, they argue that:

It gave too much power to the national government at the expense of the state governments.

There was no bill of rights.

The national government could maintain an army in peacetime.

Congress, because of the `necessary and proper clause,' wielded too much power.

The executive branch held too much power.

FederalistsThe separation of powers into three

independent branches protected the rights of the people. Each branch represents a different aspect of the people, and because all three branches are equal, no one group can assume control over another.

A listing of rights can be a dangerous thing. If the national government were to protect specific listed rights, what would stop it from violating rights other than the listed ones? Since we can't list all the rights, the Federalists argued that it's better to list none at all.

Discussion Questions (5-7 minutes)

Discuss briefly with partner then write:

1. What did the Federalists want?

2. What did the Anti-Federalists want?

3. What is the Bill of Rights?

4. Can you list any of the rights that the amendments to the U.S. Constitution guarantees you?

5. Bonus: what does “bicameral” mean?

RatificationRatification: to pass something or officially

accept it. The states had to ratify the new Constitution in order to form a national government.

Federalists: In favor of a strong federal government and for passing the new Constitution. (Alexander Hamilton, James Madison, John Jay)

Anti-federalists: Were against the strong federal government and the new constitution. (George Mason and Patrick Henry).

Who were the Federalists? (James Madison, Alexander Hamilton, John

Jay) Wanted a strong Federal (national) Government.

Wrote to convince states to pass the Constitution.

Argued that: People need a national government to preserve order

and protect rights (humans are not angels argument).The separation of powers into three independent

branches protected the rights of the people. No need for Bill of Rights. A listing of rights can be a

dangerous thing. If the national government were to protect specific listed rights, what would stop it from violating rights other than the listed ones? Since we can't list all the rights, the Federalists argued that it's better to list none at all.

Who were the Anti-Federalists? (Patrick Henry and George Mason)Were against (anti-) creating a strong federal

Government.

Did not want the states to ratify the Constitution.

Argued that:It gave too much power to the national government at

the expense of the state governments.There was no bill of rights.The national government could maintain an army in

peacetime.Congress, because of the `necessary and proper

clause,' wielded too much power.The executive branch held too much power.

Ratification: Struggle to get each state to agree to new Constitution

Approval Delaware (Dec. 7, 1787) Pennsylvania (Dec. 12, 1787) New Jersey (Dec. 18, 1787) Georgia (Jan. 2, 1788) Connecticut (Jan. 9, 1788) Massachusetts (Feb. 7, 1788) Maryland (Apr. 29, 1788) South Carolina (May 23, 1788) New Hampshire (June 21,

1788) Virginia (June 25, 1788) New York (July 26, 1788)

North Carolina (Nov. 21, 1789) Rhode Island (May 29, 1790)

Representation and Democratization

17

47

36

62

26

12

12

36

52

30

42

28

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Prewar Postwar Prewar Postwar

N.H., N.Y., N.J. Md., Va., S.C.

Wealth of State Representatives(percentages)

Wealthy

Well-to-do

Moderate

23

43

55

18

12

22.5

26

17

0

10

20

30

40

50

60

70

80

Prewar Postwar Prewar Postwar

N.H., N.Y., N.J. Md., Va., S.C.

Occupations of State Representatives(percentages)

Merchants &LawyersFarmers

Based on studies by Jackson Turner Main

Growing alarm of elite patriots:“We probably had too good an opinion of human nature in forming our confederation. Experience has taught us, that men will not adopt and carry into execution measures the best calculated for their own good, without the intervention of a coercive power… What astonishing changes a few years are capable of producing”-- George Washington to John Jay (Aug. 1786)

Bill of Rights (First 10 amendments to the Constitution)

The Federalists had to promise to add a Bill of Rights to get all the states to agree to the new national government.

Academic speed dating: With your partner read your assigned amendment

and take detailed notes.Form an inner and outer circle, sitting across

from someone .Make sure if you are in the inner circle, your

partner is in the outer circle (and vice versa).You will have 2 ½ minutes to teach your

amendment. Do not waste time because everyone needs notes on all 10 amendments!

Bill of Rights 1st amendment: freedom of speech, press, assembly, and religion.

2nd amendment: right to bear arms.

3rd amendment: housing soldiers.

4th amendment: right against unreasonable search and seizure.

5th amendment: jury trial, double jeopardy, self-incrimination, due process.

6th amendment: right to jury trial, right to a lawyer.

7th amendment: extends right to jury trial to civil cases.

8th amendment: no excessive bail, no cruel and unusual punishment.

9th amendment: safety net stating that individuals have other fundamental rights not explicitly listed.

10th amendment: balance of power between federal and state governments.

Time-permitting: Quiz Questions

1. In the debate over the ratification of the Constitution, the Antifederalists believed A. the executive branch would be too powerful. B. the national government would be too powerful. C. the states would be too powerful. D. the Articles of Confederation should have been amended.

2. Which of the following is a civil liberty that is included in the Bill of Rights? A. institution of the draft B. compelled self-incrimination C. right to a speedy trial D. right to search without cause

3. One weakness of the Articles of Confederation was that A. there was no executive branch. B. state governments were too weak. C. the Supreme Court had too much power. D. there was no legislative branch.

Quiz continued 4. All of the following were main arguments of the Antifederalists

against the ratification of the new Constitution EXCEPT that A. it was primarily by and for the wealthy and aristocracy. B. the states would be wholly subordinate to the national government. C. it could lead to tyranny and despotism. D. the national government would need a judicial branch.

5. Patrick Henry refused to attend the Constitutional Convention. He did so in protest because he believed that the delegates were going to A. establish a strong federal government. B. retain the Articles of Confederation. C. expand the powers of the states. D. create a Bill of Rights.

6. The ratification of the Constitution came before the A. Constitutional Convention in Philadelphia. B. acceptance of the Great Compromise by the states. C. states' acceptance of the Bill of Rights. D. Articles of Confederation were accepted by the states.

Quiz continued: 7. The Constitution was drafted because the Articles of

Confederation failed to A. allow for the addition of new states. B. prevent military rule. C. provide enough power to the central government. D. provide for a legislative body.

8. The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny. —James Madison, The FederalistThe quote above is Madison's argument for which of the following? A. federalism B. separation of powers C. popular sovereignty D. states' rights

Quiz continued 9. The Great Compromise during the constitutional debates was

A. the counting of slaves as three-fifths a person for representation. B. a mix of the legislative ideas of the Virginia and New Jersey plans. C. an attempt to resolve the issues of the Northwest Territory. D. the Antifederalist's final ratification of the Constitution.

10. The vast Continent of America cannot be long subjected to a Democracy if consolidated into one Government. You might as well attempt to rule Hell by Prayer.The 1780s view expressed above was the opinion of which of the following? A. Loyalists B. Antifederalists C. Federalists D. Whigs

11. According to the authors of The Federalist, the Constitution has two main purposes: to defend minority rights against majority tyranny and to A. prevent a single faction (party) from dominating politics. B. prevent a minority from blocking measures necessary for the national interest. C. diversify the nation's economic interests and foreign trading partners. D. develop a new and separate American identity.