“of the people, by the people” the underpinnings of the u.s. constitution

“Of the people, by the people”

The underpinnings of the U.S. Constitution

Part One

The Articles of Confederation

TTYN – Talk To Your Neighbor

Small Group Activity

Articles of Confederation CSI

C.S.I.The Articles of Confederation

CLASSIF IED

C A S E F I L E

Articles of Confederation

The Articles of Confederation was the first constitution of the United States and from the moment it was adopted it was destined to fail.

Activity Directions Work Cooperatively

Read each document thoroughly

Use your Think Marks

Complete handout - “Detective Log”

Complete handout - “Questions to Consider”

Individually, complete a one-page summary

Have Fun!!!

Who authored the document?

When was the document

authored?

What type of document?

Who was the audience for the

document? Why was it created?

Who was the aggressor in the incident according to

the document?

Document A

Document B

See Handout

Detective Log

Document 1

The Articles of Confederation and Perpetual Union — 1777Article II

Document 2

Hampshire Gazette, Jan 31, 1787, Northampton, Massachusetts

Document 3

Alexander Hamilton, The Federalist Papers; 1787

Document 4

John Jay, The Federalist Papers; 1787

Document 5

A letter by George Washington to a friend

Document 6

Articles of Confederation Organizer

Document 7

Letter from Delegate Joseph Jones of VA to George Washington; Feb. 27, 1783

Document 8

John Jay’s instructions to the United States Minister to Great Britain; March 7, 1785

Questions to Consider

What questions did you ask while evaluating these sources?

On what points do the accounts agree?

On what points do the accounts differ?

Which of these sources aligns most closely with what you already knew about the Articles of Confederation? Please explain?

Which of these sources is most reliable in determining the troubles and shortcomings of the Articles of Confederation? Why do you think so?

Describe the overarching theme realized through most of the documents?

If you were asked to write your own historical account of the evolution of the Articles of Confederation during the lead-up to the adoption of the Constitution, how would you go about doing so?

Cracking the Case

Based on your analysis of the documents and citing

evidence to support your answer, please write a one-page

summary, which answers the following questions: What

were some of weaknesses of Articles of Confederation?

Why do you suppose the Continental Congress agreed to

the Articles of Confederation in the first place? Identify

and explain in detail at least one shortcoming of the

Articles of Confederation that will need to addressed

during the writing of the Constitution.

The Articles of Confederation

March 1, 1781, to March 4, 1789

Historiography of AoC

Taxation without Representation – one of the principal reasons for the

Revolutionary War?

TTYN: Think about our examination of the Iroquois. Describe the

organizational structure of their confederacy?

1781, Articles of Confederation ratified

Sovereignty, or ultimate authority, rested with the individual states

Nothing in the Articles prevented a state from leaving this loosely organized government and going its own way.

The states were linked together as independent countries under a treaty organization

“A firm league of friendship.”


Construction of the AoC began shortly after the signing of the

Declaration of Independence

Written by a committee from the Continental Congress

Fear of strong central government. Why???

Carefully limiting and specifying the power of the Federal

government

Took several years to gain ratification. Why???

Preoccupation with revolution

Boundary lines

Conflicting decisions by state courts

Differing tariff laws and trade restrictions between states


Why the delay in ratification???

Small vs. Large – Small states wanted equal representation

Large states feared they would have to pay more in taxes

Western Territories. Who gets what? How to distribute the

funds from the sale of territory?

Gave control of the western frontier to the Federal Gov’t and

sent the articles through for ratification


In theory only

On paper, the Congress had power to:

regulate foreign affairs

Declare War

Regulate the Postal Service

Appoint military officers

Control Indian affairs

Borrow money

Determine the value of coin

Issue bills of credit


Accomplishments:

Most claims to western lands were settled fairly

Successfully waged war

Negotiated the end of the war

Adoption of the Northwest Ordinance of 1787

Put the world on notice that expansion into the frontier would

happen

Laid out the future for five new states

Expanded voting rights – 50 acres = vote


Accomplishments:

Adoption of the Northwest Ordinance of 1787 continued…

Thanks to T. Jefferson, slavery prohibited in the NW Ordin. States(stay tuned…this is going to become problematic)

Inspired many of the Bill of Rights

Freedom of Religion

Writ of Habeas Corpus

Trial by jury

Public Education in the NW territory

Writ of Habeas Corpus - directs a person, usually a prison warden, to produce the prisoner and justify the prisoner's detention

What went wrong???

Shay’s Rebellion

Raised serious questions regarding the relationship between

citizen and its government

Federal government lacked the authority to regulate trade or

collect taxes

Each state was state was responsible for paying their share of the

war debt

MA. raised taxes

Farmers who were used to paying through a barter system, lacked

the funds to pay = foreclosure of their farms

What went wrong???

Shay’s Rebellion

August 1786, 1500 farmers march on Northamptom, MA to

prevent foreclosure hearings

Sept. 1786, Daniel Shays led an armed group and closed the court

Jan 1787, Shays led a group of farmers and confiscated arms

Fired upon by a Ma. Militia – many wounded and four dead

Eventually the rebellion was put down

TTYN – what does Shays Rebellion teach us?

What went wrong???

Congress had no power to coin money

Each state developed its own currency.

Congress was unable to regulate interstate and foreign commerce

Some states refused to pay for goods they purchased from

abroad.

Congress was unable to impose taxes; it could only borrow money

on credit.

Britain refused to abandon their forts in NW territory

Spain refused access to the port of New Orleans

What went wrong???

No national court system was established to protect the rights of

U.S. citizens.

No executive branch was established to enforce laws.

Amendments could be added only with the approval of all 13 states.

Approval of 9 of 13 states was required to pass a law in Congress.

One vote was allotted for each state, despite the size of its

population.

So long as any individual state has power to defeat the measures of the other twelve, our pretended union is but a name, and our confederation a cobweb.

Noah Webster, ca. 1780

Strengths and Weaknesses of the AoC

Strengths

Weaknesses

Part Two

The Constitution

What I KnowAbout the Constitution

What I Learned About the Constitution

What I Want to Learn About the Constitution

K-W-L The Constitution - TTYN

Historiography of the U.S. Constitution

Plan AoC N.J. Plan Virg. Plan Alex. HamiltonPlan

Executive no executive, committees

none president, 4yr w/limited

power

President for life; complete veto

power

Legislative unicameral congress

unicameral congress

bicameral house/senate

Bicameral; Senator for life; house for 3

years

Sovereignty states states people National

Federal Power limited power weak, but tax and trade

Veto power over states

Veto power over States


February 1787, Congress supported a resolution for revising the

Articles of Confederation

May 1787, representatives from twelve states convened in

Philadelphia

Rhode Island took no part in the process

May 14th through September 17th, they considered plans and

proposals for creating a stronger, more centralized system of

government.


On September 17th, the Convention signed the Constitution and forwarded it to Congress

September 28th, Congress sent the document on to the states,

which were to organize ratification conventions.

Autumn of 1787 through the summer of 1788, sustained debates

were carried on in the press – through newspapers, and pamphlets–

and in person in such venues as town meetings, coffee houses and

taverns.

The birth of the Federalists and the Anti-Federalists

Federalist vs. Anti-Federalist

Issue Federalist Anti-Federalist

A Constitution establishing a strong central government Favored Opposed

Power of the 13 StatesFavored limiting state

powers. Advocated two senators only

Advocated State Powers

Bill of Rights Not necessary Strongly advocated the inclusion

AoC Opposed as ineffectual Needed only to be amended

Size of NationA large republic was seen as

the best protection of individual rights and

freedoms

A small republic could protect rights

Supporters Large farmers, merchants, and artisans

Small farmers, mostly from rural areas

Federalists vs. Anti-Federalists

The Federalist Papers

85 essays advocating the ratification

of the Constitution

James Madison, John Jay,

and Alexander Hamilton

Compare and Contrast

Federalist Anti-Federalist

Enlightened Thinkers

Hobbes Locke Montesquieu Rousseau

How the Constitution was influenced

To the teacher:

H/W or in-class activity: Reading - “Hobbes, Locke, Montesquieu, and

Rousseau on Government”

H/W – Indiv., students read and respond to reading

Classroom Activity (pref.) – Learning stations, re-group, discuss each

philosopher (indiv.).


Hobbes Locke Montesquieu Rousseau

1588-1679 The Social

Contract King and

absolute power

1632-1704 Natural Rights

Contract between the

people and the king

Right to revolt

1689-1755 The role of

government – to maintain law and

order A separation and balance of power

in gov’t

1712-1778 Never give up natural rights to a

king Direct

Democracy Everyone voted




“Man... hath by nature a power .... to preserve his property - that is, his life, liberty, and estate - against the injuries and attempts of other men.”

Two Treatises of Government (1689)

1. John Locke coined the phrase “natural rights.” Based on the quote above and prior knowledge what do you think are natural rights? __________________________________________________________________________________________________________________________________

2. Using prior knowledge what are 3 other synonyms for natural rights? ________________________________________________________________________________________________________________________________________

TTYN (refer to notes packet):

Enlightened ThinkersHow the Constitution was influenced

“Power should be a check to power” -Baron de Montesquieu: The Spirit of the Laws (1748)

1. Using prior knowledge, what principle of the constitution reflects the Enlightenment idea in the quote above? __________________________________________________________________________________________________________________________

In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.

The Federalist No. 51 (February 6, 1788)

Using prior knowledge, what principle of the constitution reflects the Enlightenment idea in the above document? ________________________________________________________________________________________________________________________________________________________


“Dressing up the Constitution”

Working cooperatively, each group will employ their creative and

hidden marketing skills and “dress up” the specific articles of the U.S.

Constitution.

Using ordinary and everyday clothing as a marketing medium, each

article will be clearly addressed and illustrated.

Each group will present their new line of clothing to the class

Individually, each student will write a one-page summary of what

was learned, including, identifying any possible deficiencies of the

Constitution.

Your slogan goes here

You are not limited to t-shirts. Use any appropriate article of clothing that will enlighten the public, help market your product, and promote the

general welfare of the country. Keep it clean!!!

Examples

Separation of Powers

Executive Legislative Judicial

TTYN – “List Six”

Identify six unique attributes of each of three

branches of gov’t

Refer to your notes packet

Refer to “Separation of Powers” Reading Packet


“List Six”


4-year term Vice President Veto Power

Born in the U.S. Must be 35

Appoints Federal Judges Enforce laws Sign Laws Pardons

Makes Laws Approves Presidential

appointments Veto override

Two Senators from each state

Representatives determined by population

Congress comprised of two houses: The Senate and the House of Representatives

100 Senators 435 Representatives

Supreme Court Lifetime appointment

9 justices Interpret laws

Appointed by President Can overturn other court

decisions

Checks and Balances

Bill Introduced

Filibuster Pass

Floor Action

Debate

Committee& Markup

AssignedNumber

Senate HouseOf Representatives

Bill Introduced

AssignedNumber

Committee& Markup

Rules Committee

Floor Action

Pass Bill Killed

Signed into LawOr

Veto

The Preamble


Breakdown the Preamble

Working cooperatively, each group will dissect each section of

the Preamble.

Now and Then:

Describe how each section of the Preamble related to

circumstances at the time it was written.

Describe how each section of the Preamble relates to

today’s society


Class will be separated into ten groups Randomly selected - each group will receive one of the first ten amendments to research and present to the class.

Research and Presentation: Historical background of the amendment

The who, what, and why Major contributors, if any

How is the amendment applicable today? Why is the amendment important Presentation

PowerPoint, Prezi, other Poster Board

“Your Bill of Rights”

“Sweet 17”

TTYN: Define Amend


Working cooperatively, each group will select ANY two

amendments (11-27) + the 14th Amendment and summarize the

historical significance of each.

Summary: the W’s (who, what, why, where, etc…); emphasis on the

significance of the amendment.

Compare and Contrast

AoC Constitution

Unit Assessment

Short-answer identifications

Thematic Essay

Mini-DBQ

Note to the teacher: Short-answer id’s – students will be provided a list of 12-15 id’s to prepare for…day of assessment, students will be given 8 and must select 5 to write about…looking for historical significance.

Thematic essay – students will be given two possible essay prompts. NOT looking for an entire essay, just thesis, organizer, and outline…growth through practice.

Mini DBQ – 5 or 6 documents with 1-2 questions each.

Unit Assessment


Federalist Papers Preamble Balance of

Power

Federalist Separation of Powers

Shay’s Rebellion Anti-Federalist

Articles of Confederation Bill of Rights Republic Constitution

ID’s

Unit Assessment

When the Founding Fathers wrote the United States Constitution, they included the amendment process. The amendments that have been passed brought political, social, and economic changes to American society.

Task: Select two constitutional amendments that have changed American society and for each

• Describe the historical circumstances that led to the adoption of the amendment• Discuss the political, social, and/or economic changes the amendment brought to American society

You may use any constitutional amendments that have changed American society. Some suggestions you might wish to consider include the 13th amendment (abolition of slavery, 1865), 17th amendment (direct election of senators, 1913), 18th amendment (Prohibition, 1919), 19th amendment (woman’s suffrage, 1920), 22nd amendment (presidential term limits, 1951), 24 th amendment (elimination of the poll tax, 1964), and 26th amendment (suffrage for 18-year-old citizens, 1971). In other words, you are not limited to the first ten amendments that we emphasized during this unit.

Using the essay prompt and directions below, each student will complete the following tasks:

1. Thesis Statement

2. Thesis Organizer

3. Outline for regents-styled essay

1. Topic sentence for each body paragraph

Unit Assessment

When the Founding Fathers wrote the United States Constitution, they included the amendment process. The amendments that have been passed brought political,

social, and economic changes to American society.

Task: Select two constitutional amendments that have changed American society and for each

• Describe the historical circumstances that led to the adoption of the amendment• Discuss the political, social, and/or economic changes the amendment brought to American society

You may use any constitutional amendments that have changed American society. Some suggestions you might wish to consider include the 13th amendment (abolition of slavery, 1865), 17th amendment (direct election of senators, 1913), 18th amendment (Prohibition, 1919), 19th amendment (woman’s suffrage, 1920), 22nd amendment (presidential term limits, 1951), 24th amendment (elimination of the poll tax, 1964), and 26th amendment (suffrage for 18-year-old citizens, 1971). In other words, you are not limited to the first ten amendments that we emphasized during this unit.

Resources

Preamble Worksheet

Activity: Preamble Breakdown

Directions: Interpret the meaning of each of the six sections of the Preamble.

Then - What was the meaning behind the words?

Now - Provide examples of how the Preamble is still applicable in today’s

society

Comment – Do you believe that our government today is constitutionally

following each of basic tenets of Preamble? Please defend your position.

We the people of the United States,(1) in order to form a more perfect union, (2) establish justice,(3) insure domestic tranquility,(4) provide for the common defense,(5) promote the general welfare,(6) and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Then Now

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“of the people, by the people” the underpinnings of the u.s. constitution

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