The Constitution and The Bill of Rights

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The Constitution and The Bill of Rights

• Mr. Majewski
• GRHS - 2009

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Failed Attempts

• Alexander Hamilton hosts the Annapolis Meeting to
  form a new stronger government.
• Only 7 colonies out of 13 show up to the meeting.
• Agree to meet again

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The Constitutional Convention

• Pennsylvania State House Philadelphia, PA 1787
• George Washington calls for meeting so everyone
  except for ROGUES ISLAND shows up not all on
  time
• Meeting purpose was to alter the Articles of
  Confederation NOT to make a Constitution

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Issue 1 - What Kind of Government?

• Limited Central Government or Strong Central
  Government?
• Whiskey Rebellion no tax on Whiskey
• Farmers feel picked on by the government
• George Washington Largest maker of Whiskey in
  colonies
• Army sent to stop riots in Western Pennsylvania
• Outcome Strong Federal Government is Needed

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A Compromise will be needed

• William Paterson

• Edmund Randolph

• NJ Plan
• Small State Plan
• 1 House of Congress and each state gets one vote
  in Congress
• Each state has an equal say in the laws of the
  land

• Virginia Plan
• Big State Plan
• 2 Houses of Congress both based upon population
  of the state
• More people more votes in Congress large
  states will always win vote

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The Great Compromise

• Roger Sherman of Connecticut
• 2 Houses 1 based on 2 votes per state (SENATE)
  and 1 house based on population (HOUSE OF
  REPRESENATIVES)
• The bicameral legislation will each have
  different responsibilities
• SENATE Laws
• House of Representatives Money matters

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The 3/5 Compromise

• How should we count slaves?
• South wanted 100 for population but 0 for taxes
• North wants an equal number for both
• DECISION
• Slaves would be counted 3/5 for taxation purposes
• Slaves would be counted 3/5 for population
  purposes

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Battle for a Bill of Rights

• Federalists

• Anti-Federalists

• Constitution was just fine without a Bill of
  Rights
• James Madison
• Alexander Hamilton
• George Washington

• Constitution would never be approved without a
  Bill of Rights
• George Mason
• Thomas Jefferson
• Patrick Henry

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Ratification Process

• Smaller states quickly ratified the new
  Constitution
• Debate in the two largest and most important
  states, New York and Virginia, raged on for
  months.
• New York was particularly divisive - The
  Constitutional supporters, the Federalists, took
  the debate into the public forum of the press,
  publishing a series of pro-ratification essays
  collectively known as the Federalist Papers.

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Ratification Process

• Federalist Papers were simply signed "Publius" -
  the work of Alexander Hamilton, James Madison and
  John Jay
• Still stand today as some of the greatest
  commentary on the meaning and intent of the
  Constitution's chief authors.

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Amendment 1

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  government for a redress of grievances.

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Amendment 2

• A well regulated militia, being necessary to the
  security of a free state, the right of the people
  to keep and bear arms, shall not be infringed.

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Amendment 3

• No soldier shall, in time of peace be quartered
  in any house, without the consent of the owner,
  nor in time of war, but in a manner to be
  prescribed by law.

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Amendment 4

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no warrants shall issue, but upon
  probable cause, supported by oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.

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Amendment 5

• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentment or indictment of a grand jury, except
  in cases arising in the land or naval forces, or
  in the militia, when in actual service in time of
  war or public danger nor shall any person be
  subject for the same offense to be twice put in
  jeopardy of life or limb nor shall be compelled
  in any criminal case to be a witness against
  himself, nor be deprived of life, liberty, or
  property, without due process of law nor shall
  private property be taken for public use, without
  just compensation.

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Amendment 6

• In all criminal prosecutions, the accused shall
  enjoy the right to a speedy and public trial, by
  an impartial jury of the state and district
  wherein the crime shall have been committed,
  which district shall have been previously
  ascertained by law, and to be informed of the
  nature and cause of the accusation to be
  confronted with the witnesses against him to
  have compulsory process for obtaining witnesses
  in his favor, and to have the assistance of
  counsel for his defense.

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Amendment 7

• In suits at common law, where the value in
  controversy shall exceed twenty dollars, the
  right of trial by jury shall be preserved, and no
  fact tried by a jury, shall be otherwise
  reexamined in any court of the United States,
  than according to the rules of the common law.

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Amendment 8

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

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Amendment 9

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.

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Amendment 10

• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  states, are reserved to the states respectively,
  or to the people.

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Bill of Rights Quick Reference

• 1 Personal Liberties Amendment
• 2 Right to bear arms
• 3 No quartering of soldiers in the public
  domain
• 4 No search without a warrant
• 5 Due Process Rights

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Bill of Rights Quick Reference

• 6 Right to a speedy trial
• 7 - Right to trail by jury
• 8 No cruel or unusual punishments
• 9 These are not your only rights
• 10 Anything not stated here is decided by the
  states

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James Madison
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George Mason
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Patrick Henry