Critical Period Test

Bill of Rights

First Amendment: Protects the rights to freedom of religion, speech, press, assembly, and petition.

Second Amendment: Protects the right to keep and bear arms.

Third Amendment: Protects the right not to have to quarter soldiers in your home.

Fourth Amendment: Protects the right to be free from unreasonable searches and seizures.

Fifth Amendment: Protects the right to due process of law, freedom from self-incrimination, and double jeopardy.

Sixth Amendment: Protects the right to a speedy and public trial, the right to an attorney, and the right to confront witnesses. Criminal Cases.

Seventh Amendment: Protects the right to a jury trial in civil cases. 

Eighth Amendment: Protects the right to be free from excessive bail and cruel and unusual punishment.

Ninth Amendment: Protects rights that are not specifically listed in the Constitution.

Tenth Amendment: Reinforces the principle of federalism by stating that any powers that are not specifically given to the federal government are reserved to those respective states, or ¹ the people at large.

The Articles of Confederation

• What was it? The first government of the United States of America. It was in effect from 1781 to 1789.

• Why was it created? The states were afraid of giving too much power to a central government, like the British monarchy they had just fought to overthrow. They wanted to ensure their independence and autonomy. (Still drunk on whig ideology)

• Powers of the States: States retained significant powers, including:

  • Taxation

  • Regulating trade within their borders

  • Establishing their own currencies

• Powers of the Federal Government: The federal government had limited powers, such as:

  • Declaring war

  • Making treaties

  • Managing foreign relations

  • Run postal service

  • Borrow $$$

• Structure of Government: The government consisted of a unicameral (one-house) legislature called the Confederation Congress. There was no executive or judicial branch.

Problems Faced After the War

• Economic Problems:

  • War debt!!!

  • Inflation

  • Trade barriers between states

• Political Problems:

  • Lack of national unity

  • Disputes over territory

  • Weak central government

  • Changes in government were difficult to achieve

• Foreign Policy Problems:

  • British troops remained in American territory

  • Spain closed the Mississippi River to American trade

  • Barbary pirates harassed American ships

Republicanism

• Definition: A government in which citizens elect representatives to make decisions on their behalf.

• Challenges: The Founding Fathers faced challenges in creating a republican government, such as:

  • Balancing individual liberty with the need for a strong government

  • Preventing factions from dividing the nation

  • Ensuring that the government remained accountable to the people

Views on the Articles of Confederation

• Supporters: Some believed the Articles were adequate for a small republic and feared a strong central government.

• Critics: Others argued that the Articles were too weak to address the nation's problems and called for a stronger central government.

USA Reputation Under the Articles

• The United States was seen as a weak and divided nation by foreign powers.

• Its economic and political instability made it vulnerable to foreign threats.

  Land Ordinances of 1780

• Purpose: Established a system for surveying and selling western lands.

• Impact:

  • Promoted westward expansion

  • Generated revenue for the government

  • Established a system of land ownership

  • Led to conflicts with Native Americans

Shays' Rebellion

• Causes:

  • Economic hardship among farmers

  • High taxes

  • Foreclosures on farms

• Events: A group of farmers, led by Daniel Shays, rebelled against the government.

• Effects:

  • Showed the weakness of the Articles of Confederation

  • Increased calls for a stronger national government

  • Led to the Constitutional Convention of 1787

The Philadelphia Convention (Constitutional Convention)

• When and Where: May 1787 in Philadelphia, Pennsylvania

• Who Showed Up (and Who Didn't):

  • Present: Delegates from 12 of the 13 states attended. Rhode Island didn't participate because they feared a strong central government would hurt their state's power. 55 delegates total were there. 

  • Key People:

    • James Madison: "Father of the Constitution," played a crucial role in drafting the document.

    • George Washington: President of the convention, provided leadership and legitimacy.

    • Benjamin Franklin: Elder statesman, offered wisdom and compromise.

    • Alexander Hamilton: Advocate for a strong national government.

    • Roger Sherman: Proposed the Great Compromise.

• Who Were These Guys?: The delegates were mostly wealthy, educated men, including lawyers, merchants, and planters. They were concerned about the weaknesses of the Articles of Confederation and wanted to create a more stable and effective government. They were influenced by Enlightenment ideas about government and individual rights. To be specific: 32 lawyers, 11 merchants, 4 politicians, 2 military men, 2 doctors, 2 teachers, 1 inventor, and 1 farmer. 

• The Process: The convention was initially supposed to revise the Articles of Confederation, but the delegates quickly decided to create a new constitution. They debated various issues and compromises were reached. The meetings were held in secret to allow delegates to speak freely.

  
  

  Representation in Congress:

  • Virginia Plan: Proposed a bicameral (two house)  legislature with representation based on population. Supported by larger states.

  • New Jersey Plan: Proposed a unicameral (one house ) legislature with equal representation for each state. Supported by smaller states.

  • The Great Compromise: Created a bicameral legislature with the House of Representatives based on population and the Senate with equal representation for each state.
    Both large and small states found a middle ground.

  Slavery:

  • North vs. South: Northern states were generally opposed to slavery, while Southern states relied on slave labor.

  • 3/5 Compromise: Ensured representation in the House would be partially based on the slave population. This gave southern states more power.

  • International Slave Trade: The Constitution prohibited Congress from banning the importation of slaves until 1808.

  • Who Won?: Southern states arguably benefited more from the compromises on slavery, as it gave them more political power. This would later have devastating consequences.

Other Issues:

• Division of Power: The Constitution established a system of federalism, dividing power between the federal and state governments.

• Separation of Powers: The Constitution divided the federal government into three branches: legislative, executive, and judicial.

• Checks and Balances: Each branch of government was given powers to limit the power of the other branches.

Unwritten Issues:

• Political Parties: The Founding Fathers did not anticipate the development of political parties, which would quickly become a major force in American politics.

• Judicial Review: The Constitution did not explicitly give the Supreme Court the power of judicial review, which was later established in the case of Marbury v. Madison.

  
  

  The Constitution

Goal of the constitution and the new US Government is to prevent a tyrannical government with too much concentrated power. 

Solution??

• Make a government in a constant tug of war over powers and responsibilities.

• Tug of war never has a conclusion or winner. 
  

Popular sovereignty: The government gets its power from the people.

Limited government: The government can only do what the people say it can do.

Separation of powers: Power is divided between the legislative, executive, and judicial branches.

Checks and balances: Each branch of government can limit the power of the other branches.

Federalism: Power is shared between the federal and state governments.

Republicanism: People elect representatives to make laws.

Individual rights: People have basic rights that the government cannot take away.

Articles of the Constitution

• Article I: Legislative Branch

  • Powers:

    1. Make laws

    2. Declare war

    3. Coin money

    4. Regulate trade

    5. Impeach federal officials

  • Elastic Clause: Congress can make all laws "necessary and proper" to carry out its powers.

  • Implied Powers: Powers that are not specifically listed in the Constitution, but are implied by the elastic clause.

  • Qualifications:

    1. Senator: 30 years old, 9 years a citizen, resident of the state

    2. Representative: 25 years old, 7 years a citizen, resident of the state

  • How a bill becomes a law:

    1. A bill is introduced in either the House or the Senate.

    2. The bill is debated and voted on in both houses.

    3. If the bill passes both houses, it is sent to the president.

    4. The president can sign the bill into law or veto it.

    5. If the president vetoes the bill, it can still become law if it is passed by a two-thirds vote in both houses of Congress.

• Article II: Executive Branch

  • Powers:

    1. Enforce the laws

    2. Commander-in-chief of the military

    3. Make treaties

    4. Appoint federal officials

  • Qualifications:

    1. President: 35 years old, natural born citizen, 14 years of residency

• Article III: Judicial Branch

  • Powers:

    1. Interpret the laws

    2. Settle disputes between states

    3. Judicial review

• Article IV: Relations Among the States

  • Explains how the states should interact with each other

  • How to become a state

• Article V: Amending the Constitution

  • Explains how to change the Constitution

  • Process:

    1. An amendment can be proposed by a two-thirds vote of both houses of Congress or by a national convention called by Congress at the request of two-thirds of the states. 

    2. The amendment must then be ratified by three-fourths of the states.

• Article VI: Supremacy of the Constitution

  • The Constitution is the supreme law of the land

• Article VII: Ratification of the Constitution

  • Explains how the Constitution was ratified

  • Needs 9/13 states to ratify the Constitution and make it the new law of the land. 

Electoral College

• What is it? A body of electors that formally elects the President and Vice President of the United States. 270 of 537 electoral votes needed to win.

• Why was it created? The Founding Fathers did not trust the people to directly elect the president. They believed that an Electoral College would be a more informed and deliberative process.

Amendments to the Constitution

• Bill of Rights: The first 10 amendments to the Constitution. They protect basic individual liberties such as freedom of speech, religion, and the press.
  

Ratification of the Constitution

• American Reactions:

The Constitution was a radical change from the Articles of Confederation. Americans were unsure whether they wanted a strong national government. There were many concerns. Would the new government become too powerful? Would it ignore the rights of the states and individuals?

• What Was Needed:

The Constitution would go into effect once it was ratified (approved) by nine of the thirteen states. Each state held a special convention to debate the Constitution. It was a tough sell.

• Federalists and Anti-Federalists:

Americans quickly divided into two groups:

• Federalists: Supported the Constitution. They wanted a strong national government to provide order and stability. Key Federalists included James Madison, Alexander Hamilton, and John Jay.
  
  

• Anti-Federalists: Opposed the Constitution. They feared a strong national government would threaten the power of the states and individual liberties. They wanted a bill of rights to protect these liberties(would later get this). Key Anti-Federalists included Patrick Henry and George Mason.
  
  

• The Federalist Papers:

A series of 85 essays written by James Madison, Alexander Hamilton, and John Jay (writing under the shared pen name "Publius") to persuade the people of New York and Virgina to adopt the Constitution. These essays explained the principles behind the Constitution and addressed the concerns of the Anti-Federalists. They are still studied today to understand the Founders' vision for the United States.

• The States Ratify:

Delaware was the first state to ratify the Constitution in December 1787. New Hampshire was the ninth state to ratify in June 1788, officially putting the Constitution into effect. The remaining states eventually ratified, with Rhode Island being the last in May 1790. North Carolina initially rejected the Constitution without a bill of rights. It wasn't until a bill of rights was proposed that North Carolina ratified.

• Everybody Wins?

The Constitution was a series of compromises. Both the Federalists and Anti-Federalists each got something they wanted:

• Federalists: Got their strong national government.

• Anti-Federalists: Got their Bill of Rights, guaranteeing basic rights such as freedom of speech, religion, and the press.

The Bill of Rights was crucial. Without it, several states wouldn't have ratified the Constitution. The promise of a bill of rights calmed the fears of many Americans and helped to unite the new nation.