The Constitution
Section 1: The Road to the Constitution
-In 1787, each state was asked to send delegates to Philadelphia to attend the *Constitutional
Convention. (Rhode Island did not attend b/c they opposed a stronger.)
-Delegates agreed that George Washington should be in charge b/c he was a war hero from the
Revolutionary War.
-Majority rule b/t the states was decided.
-Meeting was 100% secret – no formal records were taken.
Section 2: Creating and Ratifying the Constitution
2 Plans for govt
1. *Virginia Plan- by *James Madison, called for 3 branches of govt. The legislature, to
make the laws, the executive, to carry out the laws, and the judicial court system, to
interpret and apply the laws.
-The legislature would be divided into 2 houses and would both be base the number of
representative on population. (Large states would then have more power.)
2. *New Jersey Plan- by *William Paterson, called for 3 branches as well, but the legislature
would only have one house and each state would only get 1 vote. (Smaller states liked
this.)
-Result: *The Great Compromise- a committee headed by *Roger Sherman of Connecticut
found the answer to the 2 plans. Congress should have 2 houses, Senate and the House of
Representatives.
-Each state would have equal representation in the Senate (2 for each) and the House of Reps
would be based on population.
-This was also called the *Connecticut Compromise.
*Three-Fifth Compromise- for every 5 slaves, 3 would count as free persons in determining
the representative for congress and for tax purposes.
*Commerce and Slave Trade Compromise
-The North- wanted congress to regulate foreign commerce and trade b/t states.
-The South- feared congress would use this power to tax exports to other countries. They also
feared congress stop slave traders from bringing in slaves.
The Compromise:
-The South agreed to congress regulation b/t states and other countries.
-The North agreed that congress should not regulate exports or interfere with the slave trade
before 1808.
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Presidential Compromise:
*Electoral College- a group of people who would be named by each state legislature to select
the President and the Vice President.
-This system is still in use today, but now voters choose the electors.
-In order for the Constitution to be passed, 9 out of 13 states had to approve it after the
delegates signed it. (3 states did not sign.)
A Divided Public
*Federalists- were the supporters of the constitution.
-They chose this name to emphasize that the constitution would create a system of
*federalism- a form of govt in which power is divided b/t the federal, or national govt and
states.
-They reminded Americans of the flaws in the Articles of Confederation.
-“The Federalist”- were essays by Alexander Hamilton, James Madison, and John Jay that
defended the constitution.
*Anti-Federalists- they opposed the constitution b/c they felt that it gave govt too much power
and took away from the states.
-They also objected to the Bill of Rights b/c they thought that the constitution failed to provide
protection for certain liberties.
Compromise:
-The Federalists agreed that a bill of Rights was a good idea and promised to add it after the
constitution was adopted.
-On June 2, 1788, the US Constitution was ratified and by 1790, the states had ratified it. The
United States of America was born.
Section 3: The Structure of the Constitution
*Patrick Henry- was a famous anti-federalist who spoke against the ratification of the
constitution.
The Constitution is the highest authority in the nation and the basic law of the land.
It has 3 main parts.
1. Preamble- introduction that states the goals and purposes of the govt.
2. 7 Articles- describe the structure of the govt.
3. 27 Amendments- additions and changes to the constitution.
*Articles- the first 3 describe the powers and responsibilities of each branch. The other 4
address more general matters.
Article I: The Legislative Branch- says that congress, made of 2 house (Senate and House)
will have lawmaking authority.
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-Describes the powers of congress.
Article II: The Executive Branch- is the law-enforcing branch headed by a President and Vice
President. Describes the Presidents powers and duties. Include commanding the armed
forces, appointing certain govt officials.
Article III: The Judicial Branch- interprets the laws and sees that they are fairly applied. Calls
for “One Supreme Court” and appropriate lower courts.
-Lists the powers of the federal courts and describes the kinds of cases they may hear.
Article IV – VII:
IV- states the laws, processes for creating new states, and promises protection from the federal
govt.
V- states the process of amendments- for future changes.
VI- states that the constitution is the “Supreme law of the land” – federal law will always
prevail.
VII- states that the constitution would take effect when 9 states ratified it.
*Amendment- is any change in the Constitution.
*Bill of Rights- the first 10 amendments that were added to the constitution in 1791.
-Thousands of amendments have been considered, yet only 27 have become law. The framers
of the constitution made sure that it could not be changed without the overwhelming support
of the people.
There are two different steps to making an amendment. (Proposal and Ratification)
1. Proposal- there are two ways to propose it. The first one has been used for all amendments
so far. It is done by congressional action, then a vote of two-thirds of the members of both
houses.
-The second way to propose it is by a national convention that must be requested by twothirds of the state legislatures then must be ratified by the states.
2. Ratification- there are two ways for the states to ratify it.
-First is by a vote of the state leg.
-Second is by holding a special state convention.
-The only amendment that was ratified by means of a state convention was the 21st.
Interpreting the Constitution
-Article I- gives congress the power “to make all laws which shall be necessary and proper” in
order to carry out it duties.
-It also allows congress to use *“implied powers”.
-Not all people agree with this power.
-The Supreme Court has the final authority on interpreting the Constitution.
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-The Constitution allows the House of Reps to *impeach- or accuse, federal officials, while
the Senate determines the person’s guilt or innocence. (Over 60 people investigated on
impeachment charges.)
Section 4: Principles Underlying the Constitution
*Popular Sovereignty- is the notion that power lies with the people. (The right to Rule- ie.through voting.)
*Rule of Law- means that the law applies to everyone, even those who govern.
*Separation of Powers- was influenced by the ideas of the French philosopher, Baron de
Montesquieu. The framers believed that the best way to protect the liberty of the people was
through different branches.
*Checks and Balances- are meant to keep any one branch from becoming too powerful. (ie.veto, congress can block presidential appointments and treaties, also control spending and
even remove the Pres from power.)
*Federalism- is the power shared by both the national govt and the states.
*Expressed powers- are powers that are specifically granted to the national govt. Also called
*enumerated powers.
*Reserved powers- are powers kept by the states.
-(ie.- trade within state borders, establishing schools, rules for marriage and divorce.)
*Concurrent powers- are powers that both levels can exercise.
-(ie.- collect taxes, borrow money, set up courts, and prisons.)
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