Chapter 5 Creating the Constitution

Chapter 5 Creating the Constitution

SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government.

Let’s Preview the Chapter……. • With which statement do you most agree… • A) A strong central government poses a serious threat to personal liberties. • B) A strong central government offers the best protection for personal liberties. • C) A strong central government is possible only if personal liberties are sacrificed. • D) A strong central government is not needed to protect personal liberties.

Read the Witness History on page 133. • What image does Daniel Webster use to describe the Constitution’s importance as a guide for the US government? • A stormy sea, on which there seems to be no orientation or direction.

Read the Witness History on page 133. • Why do you suppose Presidents and other speakers quoted Webster’s words? • Possibly to stress the enduring nature of the Constitution. • To explain how it has given the nation direction in difficult times.

Analyze the Visual on page 132. • View the image of the Constitutional Convention and examine the occasion. • What does the image suggest about the convention? • It was a formal gathering at which many delegates considered and debated ideas.

Chapter 5 • Section 1: A confederation of states • Section 2: Drafting the Constitution • Section 3: Ratifying the Constitution • Pre-Read the Chapter Activity

Key Terms • Republic • Republicanism • Unicameral Legislature • Bicameral Legislature • Articles of Confederation

• Federal • Land Ordinance of 1785 • Northwest Ordinance of 1787 • Shay’s Rebellion

The Continental Congress

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The Continental Congress tried to draft a constitution for the states as a whole. There was a lot of argument over several basic questions:

Representation by population or by state? Supreme Power: Can it be divided? Western Lands…Who gets them? Taxes and National Debt?

Colonies Become States • British settlers in North America had founded not one colony but 13 states. • Each state had its own governor, council, and state assembly. • Naturally the people thought of their state as the primary political unit. • As colonies became states, they were wary of allowing power to go to the federal government.

The challenge was to develop a system of government that balanced the interests of the several states with those of the nation.

Eighteenth-century Americans believed that a democracy, or government directly by the people, placed too much power in the hands of the uneducated masses. Most delegates to the Continental Congress agreed that the new Nation needed a republic form of government, government in which The citizens rule through their elected representatives. 12

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State Constitutions • As states created their own constitutions, they often times shared certain points… – They limited the powers of government. – Guaranteed specific rights for citizens, including freedom of speech, religion, and the press. – Most emphasized liberty over equality, and all feared a centralized government.

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State Constitutions • As states created their own constitutions, they often times differed certain points… – Only had a very limited democracy by modern standards. – Granting voting rights to only white males. Property ownership was a requirement for voting. – Women were still denied the right to vote in certain states except New Jersey (allowed for a short period of time). 15

Delegates of the Constitutional Convention

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States reject executive power • The patriots who exhibited more democratic characteristics wanted to create state governments with strong legislatures and weak governors (or no governor at all). • They wanted to seek more rights for the people and preferred a unicameral legislature, one with a single house, whose members were elected by the people.

CONTINENTAL CONGRESS DEBATE

At the Continental Congress each state looked at each other as independent states. As a result, they made the decision to choose a bicameral legislature in order to balance the power of the common people with that of the wealthy and well educated class. 18

CONTINENTAL CONGRESS DEBATE • The nation’s leaders could not agree over the issue of representation. The differences between the states cause problems in the new government because people could not decide whether delegates to a new government should represent a state’s population or each state should send the same number of representatives. • To keep fairness among the states, the size of the small states (population had fewer citizens) would have equal representation to a large states (which had high numbers of citizens). For an example, Georgia had 23,375 citizens and would have the same political power as Massachusetts which had 235,308 citizens. Political power was equal regardless of size and a single state could stall the amendment process. 19

A confederation alliance permitting states or nations to act together on matters of mutual concerns; which two levels of government share fundamental powers.

Add to study guide: The Articles of Confederation were written and signed by delegates to the Continental Congress. The purpose was to create a limited national government, to create a set of laws to govern the United States, and to leave most of the political power with the states. – One government in which two levels of government shared fundamental powers. State governments were supreme in some matters, while National governments were supreme in other matters. 20

The Articles of Confederation structured a Congress whose delegates were chosen by state legislatures, with no President (executive branch) or national court system (judicial branch).

The Congress was made up of the delegates from the states, chosen by the state legislatures, this was done so that no one person, such as a President, could have too much power. (Add notes to study guide) 21

Why did differences between the states cause problems of representation in the new government?

• Problems of representation in the new government was people could not decide whether delegates to a new government should represent a state’s population or each state should send the same number of representatives.

Articles of Confederation First national body of laws adopted by the US following its declaration of independence. It proved ineffective because it did not give enough power to the national government.

Articles of Confederation • First national government • Unicameral Congress • One vote per state regardless of size Strengths: • Had the power to make war, negotiate treaties, request troops and taxes from the states (did not receive help), settle arguments between states, admit new states, and borrow money.

Strengths of the Articles of Confederation National government had the power to declare war, make peace, and sign treaties (with at least two-thirds (9 of 13 states) of the states approval). It could borrow money, set standards for coins and for weights and measures, establish a postal service, and deal with Native American peoples.

Soldiers were paid an inflated $20.00 a month for their service in the American Revolution

USA: Articles of Confederation, 25 1781

Articles of Confederation Weaknesses: • Lack of power to levy taxes • Raise an army • Regulate trade • All 13 States had to agree to change anything

Weakness of the Articles of Confederation It lacked the power to tax and each state had only one vote (regardless of population) which could result in laws being vetoed by a single state. There was no national unity (13 separate states).

Articles could be amended only if all states approved. Congress could not regulate interstate or foreign trade. The articles did not create an executive branch to enforce laws and had no national court system to interpret the meaning of laws or settle legal disputes. 27

Experimenting with Confederation • When coming up with a new government, the people of the United States had many questions to answer… » Essential Question #2

• Explain the strengths and weaknesses of the Articles of Confederation. – (STRENGTHS) Had the power to make war, negotiate treaties, request troops and taxes from the states (did not receive help), settle arguments between states, admit new states, and borrow money – (WEAKNESSES) Lack of power to levy taxes, Raise an army, Regulate trade, All 13 States had to agree to change anything

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FROM THE TIME OF THE DECLARATION OF INDEPENDENCE UNTIL THE RATIFICATION OF THE CONSTITUTION, THE UNITED STATES FUNCTIONED WITHOUT A PRESIDENT. George Washington was Commander in Chief of the Continental Army during the American Revolution and first President of the United States (178997)

WESTERN LANDS Land ordinance of 1785 established a plan for dispensing or distributing, (surveying) the public lands . By running a grid of lines north to south and east to west, federal surveyors divided the land into hundreds of townships, each six square miles. Once the land was surveyed it would be divided among families in small parcels. Each township was then subdivided in 36 “sections” of one square mile (640 acres) to be sold for at least one dollar per acre. This would allow for not only the rich to purchase land but poor families.

Once the land was surveyed it would be divided among families in small parcels. This would allow for not only the rich to purchase land but poor families.

Northwest Territory The area lying north of the Ohio River and east of the Mississippi River.

Northwest Ordinance Law that divided the area north of the Ohio River into three to five smaller territories and established guidelines for the admission of new states (settlement in the region).

An accomplishment of the Northwest Ordinance of 1787 was to establish requirements for admitting new states to the union: 1. Congress would appoint a territorial governor and judges. 2. When a territory had 5,000 voting residents, it could write a constitution and elect their own government. 3. When the population reached 60,000, it could apply to be a state. These laws were the confederation’s greatest achievements and established a blueprint for future growth of the nation.

Plans for settling and governing America under the Articles • Financial chaos • Unpaid army threatened to mutiny • Land Ordinance of 1785 were passed to provide for settling the land north of the Ohio River—distributed public lands. • Northwest Ordinance of 1787 outlawed slavery in land settled north of the Ohio River and gave those settlers a Bill of Rights— provided a government for the lands.

Political problems with the Articles POLITICAL ISSUES • National Unity

– Each state functioned independently by pursuing its own interests rather than those of the nation as a whole. The population of states was not properly represented. • AMENDING THE ARTICLES

 Each state must agree to change the articles, one single state could stall the amending process, which resulted in changes in government being difficult to achieve.

Economic problems with the Articles  Huge debt that Congress has amassed during the Revolutionary War ($190 million) in which the Continental Congress had to borrow from foreign countries. After the war, the Continental money was worthless.

Unable to impose tax and regulate interstate or foreign trade.

FOREIGN ISSUES UNDER THE ARTICLES OF CONFEDERATION The United States could not pay its debts to the British (war debt). The United States not able to compensate loyalists for property loss suffered during the American Revolution. As a result, Great Britain refused to evacuate their military forts on the Great Lakes.

Spain presence on the borders of the United States posed another threat to westward expansion. Spain also closed its waters on the Mississippi. 37

DISCOURAGED CENTRALIZED AUTHORITY

The states felt that a centralized authority would diminish their own independence. They may have remembered the failure to the English Commonwealth under Cromwell. They also feared the kingly power if they decided on a strong central government.

Shays rebellion »Daniel Shays was angry: after having fought at Bunker Hill and Saratoga, Shays returned to his farm. He was in debt, and faced prison. He felt he was the victim of too much taxation. • Fall and Summer of 1786: Shays leads an army of farmers to close the courts. Shays Rebellion was a protest by farmers who

faced problems from debts they owed to creditors. Daniel Shays protest of the Massachusetts taxes included 1,200 farmers attempting to raid an arsenal which resulted in 4 deaths by the state militia. • This rebellion made people talk about the need for a stronger national government. 39

Shays cont’d

• In 1787 Shays leads his army to Springfield, Massachusetts, to raid the arsenal. • Massachusetts calls out the state militia, which kill four rebels and scatters the rest. • Clearly, if this many farmers were willing to rebel, something was wrong. • Shay’s rebellion made states decide to participate in the Philadelphia convention because some states had already feared uprising in their state. Shay’s rebellion showed the weaknesses of the national government in dealing with economic problems. 40

Shays’ Rebellion (1786) Essential Question #3 Explain the build up to and significance of Shays Rebellion. Desperate farmers from Massachusetts angry over property taxes. Led by Revolutionary War hero, Daniel Shays. Revolt finally put down by a private army funded by citizens from Boston. Pointed out just how weak the national government was under the Articles. Essential Question #4 Why did the nation’s leaders decide to meet to reexamine the Articles of Confederation? • A convention was called for the summer of 1787 to revise the Articles due the Shays Rebellion showing the lack of the federal government’s power within the states. http://www.history.com/videos/10-days-shays-rebellion-americas-first-civil-war

Questions for Review 1. What is a unicameral legislature? a. a lawmaking body with a single house of elected representatives b. a lawmaking body with two houses of elected representatives c. an executive committee that preserves Britain’s political traditions d. an executive committee that shares power with state governments a. a lawmaking body with a single house of elected representatives

2. Under the Articles of Confederation, who chose the federal government’s congress of delegates? a. the president c. state governors b. the people d. state legislatures d. state legislatures 42

3. Under the Articles of Confederation, small states like Rhode Island, wielded as much power as large states such as Virginia, because a. each state had one vote in Congress. b. there was no executive branch of government. c. representation was determined by a state’s population. d. the legislature had no lawmaking power. a. each state had one vote in Congress.

4. Which of the following provided a plan for governing western lands? a. Continental Congress c. Land Ordinance of 1785 b. Articles of Confederation d. Northwest Ordinance of 1787 d. Northwest Ordinance of 1787

5. The delegates at the Constitutional Convention met to a. write a new Constitution. b. dismantle the national government. c. put down Shays’ rebellion. d. revise the Articles of Confederation. d. revise the Articles of Confederation. 43

6. Most state constitutions guaranteed a. the tyranny of the majority. b. universal suffrage. c. freedom of religion. d. the dominance of a state church.

c. freedom of religion.

7. What type of government did the Articles of Confederation create? a. a strong, centralized government b. an alliance of weak and dependent states c. a loose confederation of strong state governments d. a federal system with a bicameral legislature and a president c. a loose confederation of strong state governments

8. What event caused the delegates to seek a strong central government? a. American Revolutionary War c. Shays Rebellion b. Whiskey Rebellion d. Bill of Rights c. Shays Rebellion

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SSUSH5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution.

c. Explain the key features of the Constitution,

specifically the Great Compromise, separation of powers, limited government, and the issue of slavery.

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Nationalists Strengthen the Government • Shays’ rebellion caused panic and dismay throughout the nation because every state had farmers in debt. • It became clear that it was time to talk about a stronger central government • George Washington addresses the issue…

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Key Terms • • • • • • • • •

James Madison William Patterson Roger Sherman Great Compromise Federalism Three-Fifths Compromise Legislative Branch Executive Branch Judicial Branch

• • • • • • • •

Popular Sovereignty Separation of Powers Limited Government House of Representatives Senate Supreme Court Checks and balances Electoral college 47

Constitutional Convention In 1787, a delegation met in Philadelphia to revise the Articles of Confederation. Shays’ Rebellion revealed the weakness of the national government under the Articles of Confederation in its lack to stop states from rebelling. The Articles of Confederation were flawed and needed major changes. The delegates’ purpose was to make changes to the Articles of Confederation. All the delegates in attendance (only Rhode Island did not send representatives).

Call for Convention • One of the nation’s biggest problems was trade between the states. – Issues with taxes and navigation rights

• In September 1786, James Madison of Virginia and Alexander Hamilton called a meeting to discuss issues of interstate trade • Only 5 states sent representatives to the convention held in Annapolis, Maryland

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Constitutional Convention Philadelphia, 1787 • 55 delegates including all the important people show up: Madison, Franklin, Hamilton all show up • Washington elected to serve as the presiding officer over the convention. • They decided the Articles should get tossed and a whole new plan of government created.

WASHINGTON—BORN TO LEAD *Constitutional Convention* George Washington’s role in calling the convention was to speak out against the rebellion and call for a change of government. His leadership in the American Revolution was very convincing to others in need of a strong support for a strong central government. George Washington was selected president of the convention because he became a great leader during the time of turmoil when the country had no official leader. His courage, dedication, bravery, and intelligence of the victory in the American Revolution.

Big States vs. Small States –Big states: wanted congress to be composed of two houses and delegates should be assigned according to population (favored representation of each state based on population).

• Small states: wanted a congress of one house because each state should be preserved and each state should have one vote (favored equal representation of each state). 53

James Madison’s Virginia Plan

James Madison— the Father of our Constitution, Madison dedicated himself to recording notes and speeches in the Philadelphia conventions. His political leadership during the time of need allowed him to obtain the title (Father of the Constitution). Madison also proposed the Virginia plan.

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Virginia Plan Madison’s Virginia plan— It divided power among the three branches (Legislative, Executive, and Judicial) and proposed a bicameral, or two-house, legislature, with membership based on each state’s population (meaning states with larger population would have more seats than states with fewer residents). Voters would elect members of the lower house, who would then elect members of the upper house. This gave more power to states with large populations. The legislature would have the power to veto state laws. A strong President would head the executive branch. 55

New Jersey Plan • William Patterson’s New Jersey plan— proposed a unicameral or single-house legislature, in which each state had an equal representation (voice). This gained support of the small states and recognized states’ sovereignty. An executive committee would head the government, not a President.

There is a deadlock in congress, with neither state willing to budge… 56

The Great Compromise • Roger Sherman of Connecticut (a political leader, successful merchant who studied law and became politically involved in the convention; he also helped draft the Declaration of Independence) suggested the Great Compromise which resolved the issue of state representation in the national legislature. • This offered a two-house legislature to satisfy both small and large states • Each state has equal representation in the Senate population would determine representation in the House of Representatives. 57

The Great Compromise Most state plans were named after the state the delegate represented so the Great Compromise was also called the “Connecticut Compromise”. It combined the New Jersey’s Plan’s proposal of equal representation for all states with the Virginia Plan’s proposal of a bicameral legislature by making the members of the Senate equal in number for each state and the members of the House of Representative dependent on population.

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Great Compromise settled Political Representation Great Compromise each state would have equal representation in the Senate, or upper house. The size of the population of each state would determine its representation in the House of Representatives, or lower house. Voters of each state would choose members of the House. State legislatures (House Representatives) would choose members in the Senate. TODAY • SENATE: 2 SENATORS FROM EACH STATE • HOUSE OF REPRESENTATIVES: BASED ON POPULATION

Sherman’s Compromise was a Success Sherman’s plan pleased both those who favored government by the people and those who defended states rights insofar as it preserved the power of state legislatures (resolved issues with large and small states).

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Is Representation Successful? • Sherman’s Great Compromise was a failure due to failing to resolve conflict on Slavery because the population based on representation raised the question of whether slaves should be counted as people. • Explain the debate regarding the representation in Congress. There was still the issue of slaves when it came to population. Most southern states raised the question on whether slaves should be counted as people toward population, in order to get more representatives from their state. 61

What about the issue of slavery? • A fundamental economic and social division began to erupt over the issue of slavery. • Southern, agriculturally based states relied heavily on slavery and slaves constituted a significant portion of their populations. • Northern states opposed counting slaves for representation in government because they were not citizens and their population could easily be increased, tipping control of the federal legislature to the southern states.

Three-Fifths (3/5) Compromise— called for 3/5 of a state's slaves could be counted as population within that state’s representing body. The increase in population resulted in additional seats in Congress and additional electoral votes. Northerners disagreed due to having less slaves resulting in less representation in the house. Southerners agreed due to having more slaves resulting in more representation in the house and more power in presidential elections. 3/5

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Experimenting with Confederation • When coming up with a new government, the people of the United States had many questions to answer… • What was the relationship of the federal government and the state governments? • This introduced the concept of federalism

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Creating a New Government • After Slavery and Representation, delegates set their eyes on how to divide power between the states and the national government • A new system, federalism, was introduced • Federalism—Power should be divided between the state and national government. The national government is separated by the three branches of government. The Constitution divided the national government into these three branches called the Legislative, Executive, and Judicial. • Some powers are shared, others are specifically delegated to the state or federal government 66

National government vs. State governments

The national government has the power to control foreign affairs, provide national defense, regulate trade between states, and coin money. The state governments have the power to provide and supervise education, establish marriage laws, and regulate trade within the state.

Limited Government The new system of government was a form of federalism which divides the powers of government between the national government and state government. Powers granted to the national government by the constitution are known as delegated powers or enumerated powers. Powers kept by the states are called reserved powers.

Both levels of government share such powers called concurrent powers such as the right to tax, to borrow money, to pay debt, and establish courts.

New System of National Government The delegates agreed to adopt a system that divided power between the federal government and state governments; the federal government would have three branches: Legislative, Executive, and Judicial.

The Legislative branch would be bicameral, with one house’s representation based on a state’s population and the other house’s representation equal for all states. A strong President would head the Executive branch. Federal courts would make up the Judicial branch.

Separation of Powers • The delegates created three branches – Legislative branch to makes laws and changes to existing laws based on the Constitution and the Bill of Rights (House of Representatives & Senate). – Executive to carry out/enforce laws (President, Vice President, and Cabinet). – Judicial to study--interpret/reviews laws (U.S. Supreme Court).

• Established a system of checks and balances. • Also established the electoral college, a group of electors to cast votes for the candidates 70

Leaders of the Branches of Government Legislative Branch

Austin Scott—3rd District (Rep-House of Representative) Johnny Isakson—Senator (Republican)

Saxby Chambliss—Senator (Republican)

Leaders of the Branches of Government Executive Branch

PRESIDENT BARACK OBAMA

CABINET

V-PRESIDENT JOE BIDEN

Leaders of the Branches of Government Judicial Branch

US Supreme Court Justices

Checks and Balances The system preserves the power of government by ensuring that no branch becomes powerful enough to diminish the power of another branch.

This maintained separation of power among the branches of the federal government is called checks and balances—provided to prevent one branch from dominating the others.

President EXECUTIVE BRANCH CAN VETO CONGRESSIONAL BILLS. LEGISLATIVE BRANCH CAN OVERRIDE PRESIDENTIAL VETO BY 2/3 VOTE APPROVAL. JUDICIAL BRANCH CAN DECLARE CONGRESS LAWS AND PRESIDENTIAL ACTIONS UNCONSTITUTIONAL. 74

Distrusted of the people to elect the President The framers did not trust the uneducated masses to elect a President because many educated leaders felt the masses would not be informed of presidential duties to help benefit them in the long run. Electoral College—Who represents it? The leaders of the constitutional convention feared placing to much power in the hands of the people. The delegates came up with the Electoral College. This would be a group of delegates chosen by a state to vote for the President and Vice President (would cast ballots for the candidates) at this time the Electoral College would at the Constitutional convention would select Senators and House of Representatives.

Difficulties might presidents encounter by winning the electoral vote but losing the popular vote The president would not have the support of the people behind him. He would not become a popular president; every move the president makes would be criticized. His legacy might be viewed by some as illegitimate. They may have a harder time finding support for their programs. The country would be divided on issues affecting the nation. Election year—2000---What happened? The 2000 Presidential election: George Bush and Al Gore. Al Gore won the popular vote by a margin of almost 540,000 votes. The Electoral College gave George Bush 271 electoral votes (one more than the needed 270 to win the Presidency.

2000 ELECTION GORE VS. BUSH GA POP. 9 MILLION 13 ELECTORAL VOTES GORE

7 MILLION VOTES******

BUSH 2 MILLION VOTES

FL POP.

17 MILLION

35 ELECTORAL VOTES 8 MILLION VOTES 9 MILLION VOTES*******

GORE WINS GEORGIA’S 13 ELECTORAL VOTES (WINNER TAKES ALL) BUSH WINS FLORIDA’S 35 ELECTORAL VOTES (WINNER TAKES ALL)

GORE HAD MORE POPULAR (CITIZENS) VOTES WITH 15 MILLION VOTES VERSUS BUSH’S 11 MILLION VOTES BUT BUSH WINS THE PRESIDENCY DUE TO HAVING MORE ELECTORAL VOTES. The big states/more populated states generally have more electoral votes which is why most candidates travel to those areas often.

SSUSH5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. b. Evaluate the major arguments of the antiFederalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist Papers concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights. 78

Key Terms • • • •

Ratification Federalists Anti-federalists Federalists Papers

• • • •

Bill of Rights US Constitution Impeachment Amendments

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What Kind of Plan? Whose Ideas Are Best?

Two Different Factions Federalist: • Favored strong central government • Believed in a “loose” interpretation of the Constitution • Encouraged the growth of business • Encouraged urbanization & an economy based on industry and commerce • Supported by Washington, Hamilton, & Adams

Anti-Federalists: • Favored a weak central government & stronger state governments. • Believed in a strict interpretation of the Constitution • Encouraged the development of farming (agriculture) • Wanted a rural American society • Supported by Jefferson and Madison

CONFLICT!!!

Federalists—supports of the constitution because they favored a balance of power between the states and the national government. Anti-federalists—opposed having such a strong central government, thus against the constitution. ARGUMENTS

The Anti-federalists feared that government would serve the interests of the privileged minority and ignore the rights of the majority. They also stated the constitution did not protect the individual rights, that a single government could not govern such a large country, and that there would be abuse of power by such a strong central government. Finally, they wanted the Bill of Rights to protect personal liberties of individual citizens.

FEDERALISTS VIEWS

The Federalists stated a strong central government was needed to tackle the new nation’s problems and insisted that the division of powers and the system of checks and balances would protect Americans from the tyranny of centralized authority.

The Federalist Papers were written by Federalist leaders John Jay, James Madison, and Alexander Hamilton to get New York to ratify the constitution. It was a series of 85 essays that analyzed the constitution and explained why ratification of the constitution would be beneficial. It also argued that the division of powers and the system of checks and balances would protect Americans from tyrannical authority or a centralized authority.

Anti-federalists stated the Constitution created a powerful national government, making the Bill of Rights necessary to protect the people. Federalists stated the Constitution gave only limited powers to the national government and so it could not violate the rights of the states or people. James Madison, being a leading Federalist and framer of the constitution, used his experience and powers of persuasion to win support for the United States Constitution. He promised to ratify the Bill of Rights, if the states ratified the Constitution.

• The delegates provided a means of changing the Constitution through the amendment process • After the convention, the Constitution had to be sent to Congress for ratification, or approval…

Creation

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Bill of Rights helps to approve the US Constitution

The Federalists pledged to add the Bill of Rights to the U.S. Constitution. This pledge would help them win the support of additional states they needed to ensure ratification. Before the Constitution could go into effect it had to be ratified by 2/3 of the states. Ratification—official approval—required the agreement of at least nine states of the thirteen states. The Constitution was ratified on September 17, 1789—the Bill of Rights added December 1791. Delaware was the first and New Hampshire was the ninth.

I - Freedom of speech, press, religion, assembly, and petition. II - Right to keep and bear arms.

III - Conditions for quarters of soldiers (protection from having to house soldiers). IV- Right of search and seizure regulated (protection from having home being searched). V- Provisions concerning prosecution (provides that certain steps be taken if someone is charged with a crime).

VI - Right to a speedy trial, witnesses, etc. VII - Right to a trial by jury (civil lawsuits, court cases involving private rights). VIII - Excessive bail/cruel punishment (right to fair punishment). IX – Rights maintained by the people (to make sure rights not mentioned in the Bill of Rights would also be protected). X - Rights of the states under Constitution. 89

THE BILL OF RIGHTS The first eight amendments spell out the personal liberties the states had requested. – (1st) religious and political freedoms, (2nd) right to bear arms, (3rd) freed from quartering soldiers, (4th) freed against unreasonable searches and seizures, (5th) rights of accused persons, (6th) right to a speedy public trial, (7th) right to trial by jury, and (8th) limits on fines and punishments. The ninth and tenth amendments impose general limits on the powers of the federal government.

The expansion of democracy came from later amendments, changes to the constitution.

Third Amendment

The third amendment (freedom from quartering soldiers/troops) which prevented the government from housing troops in private homes during peacetime because this violated privacy of others also everyone was familiar with amendment #2 (right to bear arms). 91

Ratify the US Constitution…Basic Principles In each state, a specially elected convention debated ratification and determined whether to approve the Constitution. The approval of nine of the thirteen states was needed and obtained.

The key principles of the Constitution are popular sovereignty, limited government, separation of powers, federalism, checks and balances, and representative government. These principles and because the Constitution provides a process has enabled it to endure for more than 200 years. 92

Why amending the Constitution is difficult? So that amending the Constitution would be taken seriously and changes could not be made only to suit or favor a specific individual, group, or cause.

How many times has the U.S. Constitution been changed? What are these changes called? The Constitution has been changed 27 times=27 amendments added.

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