Lesson 3.3: The Constitution and the Bill of Rights

Unit 3: Political and Economic Conflict

With a partner, list as many problems with the Articles of Confederation that you can.

Warm up

By 1787 the colonists knew that the national government needed to be strengthened.

Road to the Constitution

1. What was the constitutional convention?a. Held in Philadelphia’s Independence Hall in

1787.b. Only Rhode Island chose not to take part

because it opposed a strong central gov’tc. The delegates planned to revise the Articles

but realized they needed to just start over.d. They created the constitution we have today.

Constitutional Convention

A. 55 menB. They were well-educated lawyers,

merchants, college presidents, physicians, generals, and governors.

C. Benjamin Franklin was the oldest delegate.D. We had an elite group of men organizing

our new constitution.

Who was at the convention?

A. 7 out of 13 states had to be present.B. Majority votes winsC. Everything secret

What were the operation procedures during the constitutional convention?

A. The secrecy policy meant no formal records were kept. Everything had to be a secret.

Why were no formal records kept at the Constitutional Convention?

The delegates at the Constitutional Convention were determined to create a framework of government that all states could accept.

Creating and ratifying the Constitution

Virginia PlanFavored the large

statesWanted the Legislative

branch to be based on pop.

New Jersey PlanFavored the small statesLegislative

branch would have 1 house and each state would

get 1 vote

Two opposing plans

Both plans agreed on having a Legislative, Executive, and Judicial Branch.

The delegates argued over these two plans for six weeks.

A. The Great Compromise- Written by Roger Sherman- Proposed that the Legislative Branch have two

houses

Constitutional Compromises

House of Representative

s• 435 people• Based on

population• Made big

states happy

Senate

• 100 people• Equal

representation-each state 2 reps

• Made small states happy

B. How were they going to calculate state population for the House of Representatives?

- Problem: South had many slaves giving them a larger population than the North. North argued that since the slaves could not vote they should not be counted in the Congress.

- Solution: Three-Fifths Compromise- 5 slaves would count as 3 free people

C. How was the President going to be elected?

-Problem: Some believed that Congress should choose the President. Others believed the people should vote to decide the President

-Solution: Electoral College- group of people who would be named by the state legislature to select the president- Still used today but the voters choose where the electoral votes go too.

Total number of electoral votes the President can get are 538

The person wanting to be President must win at least 270

Where does the number 538 come from?- 100 senators + 435 house of reps + 3 votes for

DC = 538The number of representatives a state has

determines the number of electoral votes each state has.

Exp: North Carolina has 15 electoral votesNC people vote for President…Bubba Frank gets 60% of NC votes so NC 15

electoral votes go to Bubba FrankThe Electoral College committee for NC will

give their 15 votes to Mr. Frank

A. Sept 17, 1787 the Constitutional Convention was finished writing the US Constitution. It was time to get it approved by the states. We needed 9 of the 13 states to ratify it.

B. But the public is divided:

Approving the Constitution

Federalists

• Supported the constitution

• Believed the constitution create a system of federalism. A form of gov’t in which power is divided between national gov’t and states.

• Wrote the federalist papers: series of essays that promoted constitution declaring we need a strong central gov’t.

Anti-Federalists

• Opposed the constitution

• Believed the constitution gave too much power to the national gov’t and took too much power away from the states.

• Wanted a Bill of Rights added to protect individual freedoms

C. Compromise- Federalists agreed to add a Bill of Rights is

the Anti-Federalists would sign the Constitution.

- June 21, 1788 New Hampshire became the 9th state to ratify the Constitution.

The Constitution is now the LAW OF THE LAND!!!

1-5 Congress can't make any law about your religion, or stop you from practicing your

religion, or keep you from saying whatever you want, or publishing whatever you want (like in a newspaper or a book). And Congress can't stop you from meeting peacefully for a demonstration to ask the government to change something.

Congress can't stop people from having and carrying weapons, because we need to be able to defend ourselves.

You don't have to let soldiers live in your house, except if there is a war, and even then only if Congress has passed a law about it.

Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason to think you have committed a crime.

You can't be tried for any serious crime without a Grand Jury meeting first to decide whether there's enough evidence for a trial. And if the jury decides you are innocent, the government can't try again with another jury. You don't have to say anything at your trial. You can't be killed, or put in jail, or fined, unless you were convicted of a crime by a jury. And the government can't take your house or your farm or anything that is yours, unless the government pays for it.

The Bill of Rights: The first 10 ammendments!

6-10 If you're arrested, you have a right to have your trial pretty soon, and the government

can't keep you in jail without trying you. The trial has to be public, so everyone knows what is happening. The case has to be decided by a jury of ordinary people from your area. You have the right to know what you are accused of, to see and hear the people who are witnesses against you, to have the government help you get witnesses on your side, and you have the right to a lawyer to help you.

You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government).

The government can't make you pay more than is reasonable in bail or in fines, and the government can't order you to have cruel or unusual punishments (like torture) even if you are convicted of a crime.

Just because these rights are listed in the Constitution doesn't mean that you don't have other rights too.

Anything that the Constitution doesn't say that Congress can do should be left up to the states, or to the people.

The Bill of Rights: the first 10 ammendments!

The Bill of Rights guarantees that our “natural rights” can never be taken away, despite the fact that the Constitution calls for a strong centralized government.

The Bill of Rights

5 most important Bill of Rights activity

activity

In your Journal, summarize what you have learned today by referencing the following questions:

What were some of the problems of the Articles of Confederation?

What is the historical significance of Shay’s Rebellion? Summarize the differences and similarities b/w the Virginia Plan

and the New Jersey Plan. What is the historical significance of “the Great Compromise”? Why might the constitution be considered “a bundle of

compromises”? Summarize the differences b/w the federalists and the anti-

federalists What compromise led the ratification of the Constitution? What is the historical significance of the Whiskey Rebellion?

Reflection