The U.S. Constitution

In this lesson, you will explain the origins, development, and ratification of the U.S Constitution.

We the People

A Constitution is a plan for government.

A written constitution

• helps resolve conflicts .

• can be a patriotic symbol .

• reminds Americans that they are the source of the government’s authority .

NEEDING A NEW CONSTITUTION

In the spring of 1787 , a group of 55 delegates went to Philadelphia to improve the existing Articles of Confederation . These colonial leaders were called the “Framers.” The Constitutional Convention lasted almost four months.

The purpose of the convention was clear: to replace the Articles of Confederation because that plan gave too much power to the states.

The nation needed

• a stronger central government that could raise taxes, issue currency, and regulate commerce .

• an executive and a judicial branch.

• the power to enforce its own decisions.

The Framers and Their Contributions

Benjamin Franklin lent the proceedings considerable weight and prestige.

James Madison was a powerful presence, speaking more than 150 times in favor of a strong national government. Madison became known as the “Father of the Constitution.”

Alexander Hamilton would play a major role in defending the new constitution against critics who felt it gave too much power to the federal government.

George Washington, known as the Father of the Country, delegates asked him to preside over the Constitutional Convention, which he agreed to do. He primarily mediated disputes.

THE CONVENTION BEGINS

Almost immediately, the convention was divided between states with large populations and states with smaller populations. The issue was representation in Congress. Two plans emerged from the Constitutional Convention.

The New Jersey Plan - William Paterson’s plan, called for a weaker national government with three branches, unicameral legislature, number of representatives equal to number of states (one vote each), and chief executive chosen by legislature.

The Virginia Plan - offered by Edmund Randolph and authored by James Madison, called for a strong national government with three branches, bicameral legislature, number of representatives proportional to states’ populations chief executive chosen by legislature to serve a single term.

DISPUTES AND COMPROMISES

The delegates chose to move forward with the Virginia Plan.

Compromise on Representation

• The Senate , or upper house, would have two representatives per state, regardless of population, elected by state legislatures.

Representatives in the House of Representatives , would be elected by the voters and be based on states’ populations

A Bill of Rights

Another debate concerned a bill of rights, a list of important individual rights and freedoms , but the idea was voted down!!!

The Three-Fifths Compromise

A great debate was waged over slavery , and in particular, whether or not to count a state’s enslaved population when deciding the number of representatives it would have.

• The Framers agreed to the Three-Fifths Compromise, which stated that each enslaved person counts as three-fifths of a person for purposes of representation.

Federalism

A system in which power is shared between a central government and its constituent units

• The new constitution would have certain enumerated powers given to Congress, reserved powers given to the states, and concurrent powers shared between the two.

Electing a President

A compromise produced the idea of an Electoral College. States would select representatives called electors to vote for two persons. The winner would become president and in second place, the vice president.

Ratifying the Constitution

The next step would be ratification by the states. As the individual states took up the new Constitution in their legislatures, two opposing groups emerged.

Federalists - As their name showed, they supported federalism—dividing power between the national government and state governments.

Anti-Federalists wanted to retain the rights of individual states. Thomas Jefferson also wanted a bill of rights.

THE ROAD TO RATIFICATION

James Wilson was a Federalist that led the push for ratification in Pennsylvania.

Patrick Henry was the leader of the Anti-Federalists. He believed the Constitution was too radical.

Thomas Jefferson was in Paris serving as the nation’s minister of France during the Constitutional Convention itself, but he closely followed its progress via letters with James Madison and others. He supported the Constitution’s ratification also believed in a bill of rights.

THE FEDERALIST PAPERS

Writing under the pseudonym Publius, three Federalists, James Madison, Alexander Hamilton, and John Jay , wrote a series of 85 essays that were designed to address concerns people had about the new constitution and to support the concept of federalism.

Federalist No. 10 says that factions will keep the government becoming too powerful and ignoring minority rights.

• Federalist No. 14 makes a distinction between a democracy and a republic.

• Federalist No. 51 argues the system of checks and balances will prevent abuse of power.

• Federalist No. 78 argues in favor of an independent judiciary that has judicial review, the power to declare laws unconstitutional.

ANTI-FEDERALISTS

Were against the ratification of the Constitution because they;

feared it created a central government that was too powerful .

• were concerned that the individual liberties of Americans were going to be threatened pushed for a bill of rights .

• wanted government power to remain in the hands of the states .

• were fearful that the president could become a tyrannical king

RATIFICATION

New York and Virginia, both very large states, refused to approve it. Virginia’s opposition was rooted in the lack of a bill of rights .

Promises were made to include a bill of rights. The Constitution was finally adopted.

A New US Constitution

“WE THE PEOPLE”

The first section is called the Preamble .

The Framers wanted to establish a foundation of popular sovereignty. That means the people hold the power.

A republic - Voters elect representatives to make laws on their behalf.

Limited government, meaning the government mostly stays out of business matters.

Three Branches of Government

The legislative branch makes the laws.

The executive branch executes the laws.

The judicial branch can declare acts of the executive branch or the legislative branch unconstitutional.

CHECKS AND BALANCES

The system of checks and balances means each branch can check, or limit, the power of another branch.

AMENDING THE CONSTITUTION

The Constitution can be amended or changed . The amendment process is difficult by design. The U.S. Constitution has only been amended 27 times.

The Bill of Rights

The lack of a bill of rights in the Constitution held up its ratification, but the promise of a Bill of Rights was enough to ensure its ratification .

• The First Amendment protects Americans’ freedom of speech , religion, and press, and the freedom to protest peacefully and petition the government.

• The Fourth Amendment says the government cannot search a person’s home or seize their property without reason.

• The Fifth Amendment refers to “due process of law.” Due process means that anyone accused of a crime has the right to fair judicial procedures. It guarantees that people do not have to testify against themselves, and people cannot be punished more than once for the same crime.

-The Sixth Amendment includes a guarantee to a speedy, public trial by an impartial jury.

• The Eighth Amendment protects against excessive fines and cruel and unusual punishment .

• The Ninth Amendment, then, states that people are not limited to the rights specifically stated in the Bill of Rights.

• The Tenth Amendment states that the federal government is limited to the powers that are specifically mentioned in the Constitution.

• Multiple amendments protect the rights of people accused of a crime.

INDIVIDUAL RIGHTS VERSUS THE COMMON GOOD

A republic like the United States works to balance the protection of individual rights with the promotion of the common good

Political Parties

A political party exists to organize people with like-minded political interests so that they can acquire and exercise political power.

EARLY PRESIDENTIAL ELECTIONS

The first U.S. presidential election took place on February 4, 1789. Electors chose George Washington, a Federalist, to be president. When Washington left the presidency, he issued a Farewell Address. In it he worried that political partisanship or factionalism would just drive elected officials to seek power instead of work for the people’s best interest.

Early Political Parties

The Federalist Party advocated for a strong national government.

The Democratic-Republican Party was formed in 1792 in opposition to Hamilton’s Federalists They favored states’ rights instead of a strong central government.

A series of issues and events raised conflicts between the Federalists and the Republicans:

Assumption of State Debts (1789–1790)

States had borrowed money to pay for the revolution. Now they were deeply in debt.

Federalist View - Alexander Hamilton proposed that the federal government assume states’ debt. That would establish good credit and empower the national government.

Republican View- The plan was unfair to some southern states that had already paid back much of their debt, and it gave the federal government too much power.

The Bank of the United States (1791)

A national bank would (1) issue a national currency, (2) hold government funds, and (3) issue credit.

Federalist View - Alexander Hamilton proposed the bank, seeking to put the young nation on sound financial footing.

Republican View - Madison and Jefferson believed a national bank would favor the wealthy.

Whiskey Rebellion 
(1794)

Farmers in western Pennsylvania staged a violent revolt in response to taxes on whiskey. Washington ordered state militias to calm tensions.

Federalist View - Washington’s actions were justified because the federal government had (1) the right to tax and (2) the authority to use the military to maintain peace.

Republican View - The whiskey tax was unfair to farmers, and Washington’s actions were an overreach of federal authority.

Alien and Sedition Acts (1798)

After a dispute with France, the public became suspicious of foreign influence. The acts (1) allowed for imprisonment and deportation of aliens, and (2) made criticizing the government a crime.

Federalist View – The Adams administration was worried about internal support for a looming war with France. The federal government had the authority to fight against subversion.

Republican View - The acts were a serious overreach of federal power. Madison and Jefferson worked to have certain southern states pass their own laws that would nullify the acts.

THE ELECTION OF 1800

Jefferson and Burr tied with 73 electoral votes. Jefferson eventually became the president, but the tied election caused Congress to change how the Electoral College worked. In 1804, they ratified the Twelfth Amendment.

The 12th Amendment

Under the original Constitution, each member of the Electoral College cast two electoral votes, with no distinction between electoral votes for president or for vice president. The presidential candidate receiving the greatest number of votes—provided that number was at least a majority of the electors—was elected president, while the presidential candidate receiving the second-most votes was elected vice president.

The original system allowed the 1796 and 1800 presidential elections to elect a president and vice-president who were political opponents, constantly acting at cross-purposes. This spurred legislators to amend the presidential election process to require each member of the Electoral College to cast one electoral vote for president and one electoral vote for vice president.