The Constitution

Moving West

• Wilderness road took settlers to Kentucky where few Native Americans were living.

• But by 179os more than 100,000 had moved there.

• Back east new state governments were being created.

State Governments

• States did not want to change the political governments they had they wanted to make them more democratic

• Some included a bill of rights modeled after the English Bill of Rights

• They all had a republican form of government• In a republic the people choose

representatives to govern them.

Articles of Confederation• The Continental Congress begins to develop a plan for a

national government.• Disagreements over representation finally arrived at the

Articles of Confederation• The national government had few powers because they

feared too much power would lead to tyranny• Power to wage war, make peace, sign treaties and issue

money• Most important powers were left to the states: set taxes,

enforce laws, control of the land west of the Appalachian Mtns

Ratification

• 1778 8 states had signed but the small states did not have land western land claims and refused to sign.

• States with access to western land could sell it off to pay for war debts but not the small states

• Eventually all states gave up their land claims and the small states signed in 1781.

Northwest Territory

• So now what were they going to do with all that land west of the Appalachian Mtns?

• Congress passes laws on how to divide and govern these lands.

• Land Ordinance of 1785: surveyors would stake out six-mile square plots called townships. These townships would be sold to settlers to provide cash to the government and increase American control of the these lands.

Northwest Ordinance• How would the Northwest Territory be governed?• As the territory grew in population it would gain rights to

self-government.• When it had 5,000 free males in the area those that owned

at least 50 acres of land could elect an assembly.• When there were 60,000 people they could apply to

become a new state.• Also set conditions for settlement outlining settler’s rights,

slavery was outlawed, rivers were to be open for navigation by all and freedom of religion and trial by jury were guaranteed.

• This set the pattern for orderly growth of the United States.

Weakness of the Articles of Confederation

• The Confederation Congress did not have enough power to solve issues facing the U.S.

• War debt: soldiers were owed money and they protested to the Congress causing them to flee the city. The national government could not levy taxes to raise the funds to pay the soldiers.

Shays’ Rebellion• Massachusetts faced economic

problems. The state continued to levy huge taxes that were more than most people made in a year ($200) and many farmers lost their land to auctions to pay this off and were put in jail if this still did not pay the tax.

• Farmers asked the legislature to provide debt relief-they refused-the farmers rebelled led by Daniel Shays and 1,500 men.

• Shays marched on a federal arsenal defended by 900 soldiers of the state militia. The militia quickly put down Shays’ Rebellion but this was a signal to America’s leaders that they needed a stronger national government.

• They held a convention with the intent to just change the Articles of Confederation.In the end an entirely new document would need to be written.

So what happened at the Constitutional Convention?

• Important things to look for:• James Madison’s role• The Virginia Plan• The New Jersey Plan• The Great Compromise• The Three-Fifths Plan• Battle for Ratification• Bill of Rights controversy

Recap the Preamble

The ConstitutionArticle I explained

Lets pass a bill!

ARTICLE 1: The LegislatureMake the laws

1. The CONGRESS = House of Reps & Senate2. The House of Representatives 435 members based on population of state elected for 2 year term-unlimited reelections Members choose their speaker of the House sole power of impeachment

3. The SENATE 100 members (2 from each state) elected for 6 year term (1/3 elected every 2 years) Vice-President leader of the Senate holds impeachment trials

7. How a Bill becomes a LawMust pass as identical bill in both housesPresident may veto, sign into law or ignore to become a law

Powers granted to Congress• Taxation• Credit (borrow money)• Commerce (foreign and among states)• Naturalization• Coin money• Post Office• Patents, copyrights• Federal courts below the Supreme court• International law• Declare War• Raise an Army, Navy, militia• Control of the District of Columbia• The Elastic Clause- to make all laws which shall be necessary and proper…

ARTICLE 2: THE EXECUTIVEEnforce the laws

1. The President natural born citizen 4 year term-reelected only twice Electoral College-electors from each state will vote for their state to choose a president2. Powers Military power – Commander in Chief grant reprieves and pardons make treaties with consent of Senate fill vacancies in Senate appoint Supreme Court Judges

ARTICLE 3: JUDICIARYInterprets the laws.

• Constitution only sets up the Supreme Court giving Congress the ability to set up inferior or lower federal courts

• The President appoints judges that are confirmed by the Senate that serve for life

• The Supreme Court hears cases and has the power to rule in cases involving the Constitution, national laws, treaties, and state’s conflicts.

• Judicial Review-examining a law to decide if it violates the Constitution

Checks and Balances

Federalism• There are powers specifically appointed to the

national government and to the states. • There are powers that are shared between the

two.

ARTICLE 5: Amending the Constitution

Bill of Rights(First 10 Amendments)

1. Religious and Political Freedom2. Right to Bear Arms3. Quartering Troops4. Search and Seizure5. Rights of Accused Persons6. Right to a Speedy, Public Trial7. Trial by Jury in Civil Cases8. Limits of Fines and Punishments9. Rights of People (guaranteed by Constitution are not denied)10. Powers of States and People (powers not specified to or prohibited by the national government are reserved to the states or people)

27 Amendments13 Abolishes slavery (1865)14 Civil Rights (1868)15 Right to Vote (1870)16 Income Tax (1913)18 Prohibition (1919)19 Woman Suffrage (1920)21 Repeal of Prohibition (1933)26 18-year-old vote (1971)27 Congressional Pay (1992)