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STANDARD(S):
CH 2-SEC 3
11.1 Students analyze the significant events in
the founding of the nation.
LEARNING OBJECTIVES/ GOALS/ SWBAT
1. Describe the political and economic problems
faced by the Constitution.
2. Describe the form of government established
by the Constitution.
3. Explain how and why the Bill of Rights was
added to the Constitution.
4. Recognize that the structure of the
Constitution helps to make it a document
capable of meeting changing needs.
Section 3
Confederation and
the Constitution
American leaders create the Constitution as a
blueprint of government for the United States.
NEXT
SECTION
3
Confederation and the Constitution
Experimenting with Confederation
Plans for a New Government
• Many people want a republic—rule through
elected representatives
• Some fear democracy—government directly by
the people
Continued . . .
NEXT
TREATY OF PARIS

• Peace talks began in Paris in
1782
• American negotiating team
included John Jay, John
Adams, and Ben Franklin
• The war ends with the
Treaty of Paris signed in
September of 1783.
• Officially recognized the
independence of the United
States and set the western
boundaries at the
Mississippi River.
SECTION
3
continued Experimenting
with Confederation
The Articles of Confederation
• Congress creates laws to unite 13 states—Articles
of Confederation
• All states ratify (1781); Articles create weak central
government
• Confederation solves problem of Northwest Territory:
- Land Ordinance of 1785—plan for surveying the
Northwest Territory
- Northwest Ordinance of 1787—plan to divide
land into 3–5 new states
Continued . . .
NEXT
2-3 Confederation And The
Constitution

• After the Revolution, many favored a Republic
• Federalists supported a
strong federal
government
• Anti-Federalists favored states
rights
2-3
Articles Of Confederation

• The Second Continental
Congress issued a set of laws
called the Articles of
Confederation in 1781:
– One vote per state in
Congress regardless of
population of state
– Split power between
National Government and
State
2-3A
• What was the
difference between the
Land Ordinance of 1785
and Northwest
Ordinance of 1787?
– Land Ordinance of
1785 – made land
parcels small &
affordable
– Northwest Ordinance
of 1787 – set
requirement for
states
Ordinances
SECTION
3
continued Experimenting
with Confederation
Shays’s Rebellion
• Shays’s Rebellion—Daniel Shays leads protest
of Massachusetts taxes
• He and 1,200 farmers attempt to raid arsenal
(1787)
• State militia kills four; nation calls for a stronger
national government
• 12 states participate in convention to create
stronger government
NEXT
2-3B
SHAY’S REBELLION

• Why do you think the news
of shay’s Rebellion made
states eager to participate in
the Philadelphia
Convention?
– The rebellion highlighted the
weakness of the Central
(National) government under
the Articles of Confederation
• Farmers Massachusetts rose
up in protest over increased
taxes lack of paper money
• Daniel Shay led 1,200
farmers toward the arsenal
in Springfield
1787
2-3 WEAKNESSES OF
THE ARTICLE OF
CONFEDERATION
• Congress could not collect taxes
• Each state had one vote
regardless of population
• Ineffective Central Govt.
• No executive branch
• Nine of thirteen states needed
to agree to pass any law
• No national court system
• Lacked national unity
• Only the national govt could
declare war.

2-3C
• In what ways did the Great Compromise
resolve certain problems even as it created
new ones?
– It resolved the problem of the potentially
unequal representation of states in Congress
– But it created the problem of how to count
slaves as part of a state’s population.
2-3D
• Why did the delegates fear that one branch
of the govt would gain too much power?
– By granting too much power to Congress, the
country would return to the problems under
Parliament.
– Others believed a strong president would turn
into a king.
2-3E
• Why did the Anti-federalists insist that the
constitution must have a bill of rights?
– They argued that because the Constitution
granted significant powers to the national govt,
– There must be specific safeguards to protect
the govt from abusing the rights of the people.
2-3F
• How did the adoption of the Bill of Rights
show the flexibility of the Constitution?
– The Constitution could be changed to meet the
fundamental rights and protection of the
people.
SECTION
3
Creating a New Government
Conflict and Compromise
• James Madison proposes Virginia Plan—
representation based on population
• Small states favor New Jersey Plan—each state
has an equal vote
• Great Compromise establishes Senate and House
of Representatives
• Three-Fifths Compromise counts three-fifths of
slaves as population
Continued . . .
NEXT
THE U.S. CONSTITUTION
constitutional convention
• The Call for the Constitutional Convention is
made: May – September of 1787.

• After the Revolution, many favored a Republic
• Federalists -supported a
• Anti-Federalists –
strong federal government
supported individual
states rights
The New Jersey Plan
• FAVORED SMALL
STATES:
• having equal
representation
based for each state.
The Virginia Plan
• FAVORED LARGE
STATES:
– having
representation based
on population.
GUIDED READING:
1. The Virginia Plan 2. The New Jersey
proposed a Congress Plan called for a
composed of:
Congress consisting
of:
two houses,
a single house
(bicameral)
(unicameral)
a lower and
an upper house
GUIDED READING:
3. The Virginia Plan
proposed that
representation in
Congress be based on:
Each state's
population
Other large states
agreed.
4. The New Jersey Plan
proposed that
Congressional
representation be based
on:
One vote
per state
Other small states
agreed.
The Great Compromise

• The Great Compromise:
– Called for the creation of a bicameral legislature
• House of
Representativ
es – having
representation
based on
population.
• House of the
Senate –
having equal
representation
based for each
state.
GUIDED READING:
5. How did the Great Compromise resolve this
conflict?
It proposed a bicameral Congress;
giving each state equal representation in the
Senate
and representation based on population in the
House of Representatives.
Slavery ?
GUIDED READING:
6. Northern states felt
that representation in
Congress should be
based on the number
of:
People, but no
slaves
7. Southern states felt
that representation
should be based on
the number of:
People, including
slaves
3/5 COMPROMISE
GUIDED READING:
8. How did the Three-Fifths
Compromise resolve this
conflict?
It proposed that three-fifths of a
state's slaves be counted for
representation.

THE U.S. CONSTITUTION
• Ratification
• In order for the US
CONSTITUTION to be
go into effect 9 of
the 13 states had to
ratify/approve the
Constitution.


• The Preamble
describes the
constitution as an
agreement among
the people.
SECTION
3
Creating a New Government
Division of Powers
• Delegates create
Federalist government
with three branches
• Federalism—power
divided between
national and state
governments
Continued . . .
NEXT
• The Constitution establishes the
– 3 BRANCHES OF GOVT

SECTION
3
continued Creating
a New Government
Separation of Powers
•
•
•
•
Legislative branch makes laws
Executive branch enforces laws
Judicial branch interprets laws
Checks and balances—system preventing any
branch from dominating
NEXT
Checks and Balances
Checks and balances

• Each branch of government has some control
over the other two branches, so that no single
branch of government becomes too powerful
• Checks and Balances: Example:
– overriding a presidents veto
SECTION
3
continued Creating
a New Government
Changing the Constitution
• Delegates create process to amend, or change,
the Constitution
NEXT
SECTION
3
Ratifying the Constitution
Getting the States’ Approval
• Ratification—approval of Constitution by states;
nine votes needed
NEXT
SECTION
3
Ratifying the Constitution
Federalists and Antifederalists
• Federalists—favor the Constitution’s balance of
power
• Antifederalists—against Constitution, want Bill of
Rights
• Federalists promise Bill of Rights, Constitution
ratified June 1788
NEXT
SECTION
3
Ratifying the Constitution
Adoption of a Bill of Rights
• Bill of Rights—first ten amendments, guarantee
citizens’ rights
NEXT

• The Elastic Clause:
– allows the legislature
to expand its powers
as needed to execute
the powers
specifically listed in
the constitution.
SECTION
3
Continuing Relevance of the Constitution
A “Living” Document
• Constitution is oldest written national constitution still
in use
• Constitution’s elastic clause allows expansion of
government power
• Amendment process is difficult to prevent arbitrary
changes
• Only 27 amendments passed in the last 200 years
NEXT

• The Constitution
does provide for
rights of citizens.
– They just too vague
for Anti-Federalists.
The Bill of Rights

• Anti-Federalists –
• Feared of a strong central
govt
• To appease Anti-Federalists
the Bill of Rights was added
to guarantee their rights.
• The first ten amendments are
called the Bill of Rights.

•
•
•
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•
AMENDMENT 1 (Freedom of Religion
& Expression)
THE GOVERNMENT CANNOT:
1) SET UP A RELIGION.
2) TAKE AWAY FREEDOM OF
RELIGION.
3) TAKE AWAY FREEDOM OF SPEECH.
4) TAKE AWAY FREEDOM OF THE
PRESS.
5) KEEP PEOPLE FROM PEACEFULLY
MEETING IN GROUPS (ASSEMBLY).
6) KEEP PEOPLE FROM COMPLAINING
TO THE GOVERNMENT TO CORRECT
UNFAIR ACTIONS (PETITION).
•
•
•
•
AMENDMENT 2 (Right to Bear Arms)
THE PEOPLE HAVE THE RIGHT TO
KEEP AND USE GUNS TO HELP
PROTECT THE COUNTRY.
AMENDMENT 3 (Quartering
Soldiers)
THE GOVERNMENT CANNOT MAKE
PEOPLE LET SOLDIERS STAY IN THEIR
HOMES.
•
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AMENDMENT 4 (Security from Unreasonable
Searches & Seizures)
THE POLICE CANNOT:
1) SEARCH A PERSON WITHOUT A GOOD
REASON TO BELIEVE THE PERSON HAS DONE
SOMETHING WRONG.
2) SEARCH A PERSON’S HOUSE OR A PERSON’S
THINGS WITHOUT A GOOD REASON TO BELIEVE
THE PERSON HAS DONE SOMETHING WRONG.
3) ARREST A PERSON WITHOUT A GOOD
REASON TO BELIEVE THE PERSON HAS DONE
SOMETHING WRONG.
4) TAKE A PERSON’S THINGS WITHOUT A GOOD
REASON TO BELIEVE THE PERSON HAS DONE
SOMETHING WRONG.
THE POLICE MUST HAVE A SEARCH WARRANT
THAT NAMES:
1) THE PLACE TO BE SEARCHED.
2) THE PERSON TO BE ARRESTED.
3) THE THINGS TO BE TAKEN.

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AMENDMENT 5 (Rights to Due
Process of Law)
THE GOVERNMENT CANNOT:
1) TRY A PERSON MORE THAN ONCE
FOR THE SAME CRIME.
2) MAKE A PERSON TESTIFY AGAINST
HIMSELF/HERSELF.
3) TAKE AWAY A PERSON’S LIFE,
LIBERTY, OR PROPERTY WITHOUT
GOOD REASONS AND FAIR
PROCEDURES.
4) TAKE AWAY A PERSON’S PROPERTY
UNLESS THE PERSON IS FAIRLY PAID
FOR HIS/HER PROPERTY.
•
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AMENDMENT 6 (Right to a Free
Trial)
A PERSON CHARGED WITH A CRIME
HAS THE RIGHT TO:
1) A SPEEDY AND PUBLIC TRIAL.
2) A JURY TRIAL IN A CRIMINAL CASE.
3) BE TOLD WHAT HE/SHE IS
ACCUSED OF DOING WRONG.
4) FACE THE PEOPLE WHO SAY
HE/SHE DID SOMETHING WRONG.
5) CALL WITNESSES TO SPEAK ON
HIS/HER BEHALF.
6) HAVE AN ATTORNEY.
•
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AMENDMENT 7 (Trial by Jury)
PEOPLE HAVE THE RIGHT TO A JURY
TRIAL IN CIVIL MATTERS.
(DISAGREEMENTS BETWEEN
INDIVIDUALS)
AMENDMENT 8 (Fair Bail &
Punishments)
A PERSON CHARGED WITH A CRIME
HAS A RIGHT TO A FAIR FINE.
THERE CANNOT BE ANY CRUEL AND
UNUSUAL PUNISHMENT.
•
•
AMENDMENT 9 (Rights Retained by
the People)
SOME RIGHTS ARE LISTED IN THE
CONSTITUTION, BUT UNITED STATES
CITIZENS HAVE MORE RIGHTS THAN
ARE LISTED HERE.
•
•
•
•
•
AMENDMENT 10 (Powers Reserved
to States & People)
THE CONSTITUTION:
1) GIVES SOME POWERS TO THE
UNITED STATES GOVERNMENT IN
WASHINGTON D.C.
2) SAYS THERE ARE SOME POWERS
THE STATE GOVERNMENTS DO NOT
HAVE.
3) GIVES ALL OTHER POWERS TO THE
STATE GOVERNMENTS OR TO THE
PEOPLE.
OTHER AMENDMENTS – NOT PART
OF THE BILL OF RIGHTS
•
•
•
•
•
AMENDMENT 24 (Outlaws Poll
Tax)
THE CONSTITUTION:
MADE ILLEGAL POLL TAXES –
JANUARY 23, 1964 TO MAKE
POLL TAXES ILLEGAL FOR
FEDERAL ELECTIONS.
POLL TAXES ARE TAXES THAT
SOME STATES BEGAN
CHARGING DURING
RECONSTRUCTION AS A WAY
TO AFRICAN AMERICANS
FROM VOTING.
OTHER AMENDMENTS – NOT PART
OF THE BILL OF RIGHTS
•
•
•
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•
AMENDMENT 26 (Right To
Vote)
THE CONSTITUTION:
GIVES 18 YEAR OLDS THE –
IN 1971, 18-20 YEAR OLDS
GAINED THE RIGHT TO VOTE
WITH THE PASSAGE OF THE
26TH AMENDMENT TO THE
UNITED STATES
CONSTITUTION
18-20 YEAR OLDS BECOME
THE LARGEST GROUP
GRANTED THE RIGHT TO
VOTE.

AMENDMENTS CAN BE REPEALLED
•
ONLY ONE AMENDMENT HAS
EVER BEEN REPEALLED
•
AMENDMENT 18 (Established
Prohibition )
THE CONSTITUTION:
Established national prohibition
•
•
•
•
AMENDMENT 21 (Repealed
Prohibition )
THE CONSTITUTION:
• Voided national prohibition
The Electoral College

• The Electoral College is used to select a
president.
– It is an attempt to limit the power of the masses.
– The Constitutional Fathers believed the masses
(people) were too ignorant to make an educated
selection/vote
U.S. CONSTITUTION
• U.S. Senator
qualifications
– Be a U.S. citizen
for past 9 years
– Be at least 30
years old
– Live in the state
he/she represents
– Elected to 6 year
term

U.S. CONSTITUTION

• U.S. House of
Representatives
qualifications
– Be a U.S. citizen for
past 7 years
– Be at least 25 years
old
– Live in the state
he/she represents
– Elected to 2 year
term
U.S. CONSTITUTION

• U.S. President
– Be a natural-born
U.S. citizen
– Be at least 35
years old
– Live in the USA for
past 14 years
continually
– Elected to 4 year
term
U.S. CONSTITUTION

• U.S. Vice-President
– Same
qualifications as
President.
– Duty is to preside
over the Senate
and break any tie.
– On stand-by to be
President

Or if
President
doesn’t sign