American Government - The Constitution | Biochemistry

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Study GuideAmerican Government–The Constitution1.Creation of the ConstitutionThe United States was not the first country to use the idea of a “constitution.” People in England, themother country of the American colonies, also talked about having a constitution. However, theirconstitution was very different from what Americans later created.In England, the constitution wasnot a single written document. It was not something that could beprinted, signed, or displayed in a museum. Instead, it was made up of many laws, traditions, andcustoms that guided how the government usually worked. Together, these rules explained how thegovernment was “constituted,” or organized, and how it normally behaved.During the Revolutionary War era, Americans took this idea much further. Many believed thatgovernment should be based on acontract between the people and their leaders. In this contract,citizens had responsibilities, but government leaders also had clear duties and limits. Some actionswere allowed, while others were strictly forbidden.This raised important questions. How would leaders know what they were allowed to do—and whatthey were not allowed to do—without clear instructions? How could citizens tell if the government wasbreaking its promises unless those rules were written down?The U.S. Constitution was created to answer these questions. It became awritten agreementthatclearly listed the powers of the national government. At the same time, it specifically limited thosepowers by forbidding certain actions. These limits were expanded even further with the addition of thefirst several amendments.In this way, the Constitution defined the basic structure of the national government in a new andimportant way. Because it was written down, the government could not change it whenever it wanted.This made the Constitution a lasting and binding set of rules. For this reason, the United StatesConstitution is consideredthe oldest written constitution still in use in the world.2. The Continental CongressIn September 1774, representatives from12 of the 13 American coloniesmet in Philadelphia for theFirst Continental Congress. At this meeting, the colonies agreed on a set of resolutions and a

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Study Guidestatement of rights and principles. Even though tensions with Great Britain were rising, the colonieswere still hoping for apeaceful solutionand did not yet seek independence.The situation changed quickly. After the battles ofLexington and Concord, theSecond ContinentalCongressmet in May 1775. Although it did not have official legal authority, this Congress beganacting like a national government. It took on many important responsibilities, including:•Creating apostal system•Establishing anavy and marine corps•Negotiating treaties withNative American tribes•Seekingforeign alliesMost importantly, the Second Continental Congress made the historic decision todeclareindependence from Great Britain.2.1The Declaration of IndependenceTheDeclaration of Independence, written mainly byThomas Jefferson, was adopted by theSecond Continental Congress onJuly 4, 1776. This document explainedwhy the colonies werebreaking away from Great Britain.Its ideas were strongly influenced by philosopherJohn Locke, especially his workTwo Treatises ofGovernment(1690). Locke believed that all people are born withnatural rights. Jefferson describedthese rights aslife, liberty, and the pursuit of happiness. According to Locke, governments exist toprotect these rights and get their power from theconsent of the governed.If a government fails to protect the people’s rights, Locke argued, the people have the right tooverthrow it and create a new government. These ideas formed the philosophical foundation of theDeclaration of Independence.2.2State ConstitutionsThe belief thatpower comes from the peoplealso shaped the new state constitutions created afterindependence. Because the colonies had just fought against a powerful king, most states were carefultolimit executive power.In many states:•Legislatures held the most power•Lawmakers often appointedgovernors, judges, and other officials•Individual rights and libertieswere protected

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Study GuideUnder theArticles of Confederation, state legislatures continued to have a great deal of authority.This reflected the colonies’ strong desire to prevent the concentration of power in a single nationalgovernment.3.The Articles of ConfederationTheArticles of Confederationwere adopted by the Second Continental Congress onNovember 15,1777. However, they did not take effect untilMarch 1, 1781, when all13 statesfinally approved them.Under the Articles, the national government was very limited. It had aunicameral legislature,meaning a one-house Congress, often called theConfederation Congress. There wasno nationalexecutive branch(no president) andno national court system. Members of Congress were chosenby the state legislatures, andeach state had one vote, regardless of size or population.Congress did have some important powers. It could:•Declare war•Manage foreign policy•Coin money•Regulate relations with Native Americans in U.S. territories•Operate the postal system•Borrow money•Appoint officers in the army and navyHowever, the Articles made one thing very clear:any power not specifically given to Congressbelonged to the states. This reflected the strong desire to keep the national government weak.3.1Weaknesses of the Articles of ConfederationAlthough the Articles protected state power, they also created serious problems. Congresscould nottaxthe states or regulateinterstate and foreign trade. It could only ask states for money, and thestates were free to ignore those requests. This left the national government constantly short of funds.States also set their own import taxes, which caused confusion and disrupted trade. Congress couldnot raise its own army and instead had to ask states to provide troops. This made national defensedifficult.

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Study GuideMajor decisions—such as declaring war, making treaties, or approving spending—required theapproval ofnine states, making action slow and difficult. Even worse, changing the Articles required aunanimous vote of all 13 states, which was almost impossible to achieve.The Articles also reflected a fear of strong executive power. As a result, there wasno national leaderto enforce laws or guide policy. This lack of leadership made the government ineffective in times ofcrisis.3.2Calls to Strengthen the National GovernmentAs problems grew, many leaders began to realize that the Articles of Confederation were too weak. InSeptember 1786, representatives from five states met at theAnnapolis Convention. Importantfigures such asAlexander HamiltonandJames Madisonargued that the national governmentneeded more power to function effectively.These concerns became even more urgent afterShays’ Rebellionin the winter of1786–1787. Thisuprising by struggling farmers in western Massachusetts showed that the national government couldnot respond effectively to internal unrest.In response, Congress agreed inFebruary 1787to hold another meeting. This gathering was officiallycalled“for the sole and express purpose of revising the Articles of Confederation.”Thatmeeting would later become theConstitutional Convention, where a new system of governmentwas created.4.The Constitutional ConventionInMay 1787,55 delegates from 12 statesmet in Philadelphia to discuss changes to the nationalgovernment.Rhode Island did not attend. Although the delegates were officially authorized only torevise the Articles of Confederation, they soon realized the Articles were too weak. Instead of fixingthem, the delegates began designing an entirelynew system of government.4.1The Virginia PlanMuch of the early debate focused on a proposal byJames Madisoncalled theVirginia Plan. Thisplan was supported mainly by thelarge states.The Virginia Plan proposed:

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Study Guide•Abicameral (two-house) legislature•Alower houseelected directly by the people•Anupper housechosen by the lower house from candidates nominated by state legislatures•Representation in both houses based on populationThe plan also included:•Anexecutive branch, chosen by the legislature for a single term, to enforce the laws•Ajudicial branch, with judges appointed by the legislature to serve on a supreme court andlower national courts•ACouncil of Revision, made up of the executive and judges, with the power to veto lawspassed by Congress or the states•A veto could be overridden by a vote of both houses of the legislatureThis plan greatly strengthened the national government.4.2The New Jersey PlanThesmall statesopposed the Virginia Plan because it favored larger states. They supported theNewJersey Plan, which stayed closer to the structure of the Articles of Confederation.The New Jersey Plan proposed:•Aunicameral (one-house) legislature•Equal representation, with one vote per state•Members chosen bystate legislatures•Expanded congressional powers, including the ability toraise revenue and regulatecommerceIt also included:•Amulti-person executive, elected by the legislature and removable by a majority of stategovernors•The executive would appoint judges to theSupreme Court•Laws passed by Congress would bebinding on the states•The executive couldforce states to obey national laws

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