Constitution and the Bill of Rights

Constitution and the Bill of Rights

Pathway to the Constitution

After declaring independence from Great Britain, the colonies knew that if they wanted to grow and prosper, they would need a plan for unity.

Effective March 1, 1781, the colonies were governed by the Articles of Confederation.

Articles of the Confederation

The Articles of Confederation posed many challenges. The powers of the central government were weak and the Articles were impossible to amend.

Why was the Constitution written?

Shays’ Rebellion:

An uprising of farmers in Massachusetts in 1786 – led by Daniel Shays.

Helped convince leaders that a strong central government was needed.

New Constitution

In May of 1787, delegates from each state met to write a new Constitution. Through discussion and debate over issues like states’ rights, individual rights, and the power of the national government, a compromise was made and the result became the “law of the land,” the U.S. Constitution.

Constitutional Convention

Met in Philadelphia, PA

Original intent was to revise the Articles of Confederation

James Madison was the “Father of the Constitution”

39 men signed it in 1787

Constitutional Convention: Members

55 delegates from 12 states (Rhode Island did not send delegates)

White

Males

Statesmen, lawyers, planters. bankers, businessmen

Most under age 50

Constitutional Convention: Absent

John Adams - ambassador to England

Thomas Jefferson - ambassador to France

Patrick Henry - “smelled a rat”

Samuel Adams - not chosen by state to be part of the delegation

Constitutional Convention:

Famous Members

Alexander Hamilton – Proponent of strong government

George Washington – President of the convention

James Madison – “Father of the Constitution”

Benjamin Franklin – Oldest member at 81

Federalists v. Anti-Federalists

Federalists

Supported the Constitution and a strong central government

Alexander Hamilton, James Madison, John Jay

Federalist Papers – series of articles written in defense of the Constitution

Anti-Federalists

Supported a weaker central government – felt too much power was taken away from the states

Opposed the Constitution

Wanted a Bill of Rights included

Samuel Adams, Patrick Henry

Assignment on Canvas for you to turn in

Celebrate the Constitution

September 17, 1787 was a glorious day! The U.S. Constitution was finally signed by the delegates of the Constitutional Convention. The Constitution included a strong central government based on compromise; it outlined national powers and provided provisions for amending the Constitution.

Ratification

Officially adopted in 1788 after ratified by New Hampshire.

Once the new government convened, they added a Bill of Rights to the Constitution.

A Living Document

Because there was so much interest and debate regarding individual rights, on December 15, 1791, ten amendments known as the Bill of Rights were added to the U.S. Constitution. Since then, seventeen more amendments have been added to the Constitution.

A Living Document

LOOSE INTERPRETATION

A.K.A. “Loose Construction of Constitution”

Interpretation of Constitution must be flexible

People change, society changes, technology changes--Constitution must adapt

What the Constitution doesn’t say EXPLICITLY, the branches of government can do

Who supports a loose interpretation?

Answer: Federalists

A Living Document

STRICT INTERPRETATION

A.K.A. “Strict Construction of Constitution”

Constitution should remain the constant

The Constitution must be the measure of social, ethical, and moral change

Government can ONLY do what the Constitution EXPLICITLY says

Who supports a strict interpretation?

Answer: Anti-Federalists, Conservatives

A Living Document

The Constitution is both a product of its time and a document for all time. It can be changed as society’s needs change.

A Document for All Time

Original Constitution a product of its time

Reflects wisdom and biases of the Framers; relatively few changes in over 220 years

Survived the Civil War, presidential assassinations, and economic crises to become world’s oldest written constitution

Original document not perfect

Perpetuated injustices with compromises permitting slavery and the slave trade

States given power to set qualifications for voting; women, nonwhites, and poor people denied right to vote

Decisions reflected societal attitudes of the times

Ability to incorporate changing ideas of freedom and liberty keeps document relevant to each new generation since 1789

Structure of the Constitution

Preamble:

Statement of purpose

Articles:

I: Legislative Branch

II: Executive Branch

III: Judicial Branch

IV: Relations Among the States

V: Amendment Process

VI: National Supremacy

VII: Ratification

Continued...

Amendments:

27 Total

1st ten are the Bill of Rights

Assignment on canvas for Bill of Rights

3/23 Crash Course assignment on Canvas