Download aoc-to-constitution

Building Our U. S.
Constitution
Birth of our enduring Nation
SS8H4 The student will describe the impact of events
that led to the ratification of the United States
Constitution and the Bill of Rights.
What were the
Articles of Confederation?
•
•
•
•
Revolutionary War: 1775-1783
Declaration of Independence: 1776
Articles of Confederation:1777-1781
Confederation (partnership) of independent
equal states was formed for our new country
• Because of the experience of the American
Revolution, Americans were frightened by a
strong central government and showed more
loyalty to their states
• The new government consisted of only a
unicameral legislative body (no executive or
judicial)
Strengths and Weaknesses of the AOC
(Let’s call it “Constitution 1.0”)
STRENGTHS
WEAKNESSES
1. Purposefully designed as a weak
central government (decentralized
government was seen as an
advantage in light of the past
monarchs)
2. Uni-cameral legislature (one group)
with one vote per state (acted more
like a committee which seemed
fair!)
3. No executive or judicial branches
4. Could declare war
5. Could print / coin money
6. Establish Post Offices
7. Send Ambassadors
1. Each state could have its own
currency
2. One vote per state regardless of
size
3. All 13 states had to approve a law
4. No power to enforce laws or settle
disputes (court system)
5. Had no money and could not levy
taxes
6. No power to regulate trade
between states or with foreign
nations
7. Could not solve economic
difficulties after the war
8. No common military: could not
protect citizens from Natives and
European threats
Why did the AOC fail?
(cause and effect)
Weakness / Causes
1. Each state could have its own
currency
2. One state per vote regardless of
size
3. All 13 states had to approve a law
4. No power to enforce laws or settle
disputes (court system)
5. Had no money and could not levy
taxes
6. No power to regulate trade
between states or with foreign
nations
7. Could not solve economic
difficulties after the war
8. No common military: could not
protect citizens from Natives and
European threats
Results / Effects
Talk with partner about assigned
weakness and brainstorm the potential
results on our new Nation!
What had to change?
What had to be created or
“engineered” or “invented”
to improve on this first attempt
at self government?
Shays’ Rebellion
How could a country exist
if it could not keep law and order?
 1786- America was in financial trouble: businesses
failed, people in debt, trade problems, war debt and
soldiers salaries not paid
 Massachusetts farmers blamed state taxes on their
financial problems
 Daniel Shays led a revolt against the state government,
trying to capture arms at the state militia arsenal
 Neither the state nor the Confederation government had
the power to stop the rebellion
 Shay’s Rebellion (6:30):Shay's Rebellion
 Shay’s Rebellion (3:21): schmoop on Shay's Rebellion
Philadelphia Constitutional Convention of 1787
May - October 1787
55 delegates from only 12 states
Georgia sent 4 delegates (Pierce, Few, Baldwin, Houston) but only
William Few and Abraham Baldwin would sign the final document.
Georgia needed protection from Natives and support to EXPAND
Six compromises were needed to form the
Constitution for a stronger national government:
 Separation of Powers
 Checks and Balances
 Federalism
 Representation
 Guarantees to the States
 Amending the Constitution
Separation of Power
U. S. Constitution
“Supreme Law of the Land
To prevent a national government from
becoming a dictatorship, the framers of
the Constitution laid out a plan for shared
powers. The National government would
be divided into three branches, all based
on the voters. Both the leaders of the
Legislative Branch and the Executive
Branch would be voted on by the people,
and the leaders of the Judicial Branch
would be selected by the Executive &
Legislative Branch.
Executive Branch
Judicial Branch
To carry out, enforce, To interpret the laws
To make laws
& administer the laws & settle legal disputes
Legislative Branch
Checks and Balances
To further balance the power,
each of the three branches could check
the powers of the others
Executive Branch
Confirm appointments
Impeach, override veto
Determines if laws
Are constitutional
Power to veto
Legislative
Branch
Appoints
vacancies
Impeach, propose amendments
Interpret laws, determine
if they are constitutional
Judicial Branch
Federalism
On the issue of a strong national government with strong
state powers, the compromise consisted of distributing
powers:
 National government is in charge of national matters
ex. foreign policy; money
 In matters of both national & state government concern,
they share power
ex. highways; taxes
 In some matters, states are free to govern without
national interference; local governments are arms of the
state
ex. education programs; traffic violations
Representation in Congress
“The Great Compromise”
Large states (ex. Virginia)
wanted representation
based on population
Small states (ex. Delaware)
wanted equal representation
Heavy Slave states wanted to
count slaves into population
totals, but not taxable
Non Slave states did not want
to count slaves into population
totals; wanted Congress to
regulate slave trade
Congress created 2 housesthe House of
Representatives with
numbers based on population
and the Senate with 2
representatives from each
state
3/5 of the slave population
would be counted for population
and taxes; Congress could not
regulate the slave trade for 20
years (1808)
*Abraham Baldwin-GA-forced the
compromise
Guarantees to the States
How would the Constitution protect the states and guide their
relationships?
There was fear that states would lose rights, autonomy, local control
The National government will protect the states from foreign
invasion or domestic violence
Moving from state to state will not deny a citizen his rights
There will be an orderly process for a territory to become a
state, with equal rights and powers as other states (no colonies)
Every state is guaranteed a republican form of government, but
lets the people of each state shape that government
Compromise was also needed to ratify the
Constitution
Fearing danger to individual liberties in the new
constitution, a promise was made to add the Bill of
Rights!
AUTHOR: James Madison
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Freedom of religion, expression, press, & assembly
Right to bear arms
No quartering of soldiers
No unreasonable searches or seizures
Right to due process of law (rights of persons accused of a crime)
Right to a fair trial
Right to a trial by jury
Fair bail and punishments
Rights to be retained by the people
Powers reserved to the states and people (powers not listed by the
constitution are reserved to the people or the state.)
Why wasn't the Bill of Rights in the Constitution? TED-Ed (4:33)
Amending the Constitution
How easy would it be to change this document on which
the government was built?
 Did not want it so easy as to be altered by changing,
temporary emotions
 But must be flexible to grow with a changing nation
 2/3 of both houses of Congress or 2/3 of state
legislatures are needed to propose an amendment or
call a convention to propose one
 3/4 of the states would have to approve the proposed
amendment for it to pass. In 200 years this has
happened only 27 times.
GA state Constitution of 1777
• Revolutionary War is raging
• GA Counties replaced the GA Parishes
• Unicameral legislature, with extensive
(complete!) powers including the power to
appoint the governor (1 year term) and
justices to the courts
• Governor’s proposals subject to approval by
the legislature (executive council)
• Allowed for revisions when called by a
majority of the people or counties
The war is over, people are looking to return
home and start planting for the next harvest.
Can their new government protect them?
GA Constitution 1789
Changes to be more like the US Constitution after
the Constitutional Convention of 1787
• The Revolutionary War hurt the GA economy
and divided its citizens
• The state had committed to give land grants
to the war veterans for their service
• Legislature now called the General
Assembly, which became bicameral and
members were elected by popular vote
• Separated the power into three branches
just like the federal constitution
And so through compromise,
our Enduring National & Georgia Constitution
were formed