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American Government - The Constitution

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    Study Guide American Government – The Constitution 1. Creation of the Constitution The United States was not the first country to use the idea of a “constitution.” People in England, the mother country of the American colonies, also talked about having a constitution. However, their constitution was very different from what Americans lat er created. In England, the constitution was not a single written document . It was not something that could be printed, signed, or displayed in a museum. Instead, it was made up of many laws, traditions, and customs that guided how the government usually worked. Together, these rules explained how the government was “constituted ,” or organized, and how it normally behaved. During the Revolutionary War era, Americans took this idea much further. Many believed that government should be based on a contract between the people and their leaders . In this contract, citizens had responsibilities, but government leaders also had clear duties and limits. Some actions were allowed, while others were strictly forbidden. This raised important questions. How would leaders know what they were allowed to do — and what they were not allowed to do — without clear instructions? How could citizens tell if the government was breaking its promises unless those rules were written down? The U.S. Constitution was created to answer these questions. It became a written agreement that clearly listed the powers of the national government. At the same time, it specifically limited those powers by forbidding certain actions. These limits were expanded even further with the addition of the first several amendments. In this way, the Constitution defined the basic structure of the national government in a new and important 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 rul es. For this reason, the United States Constitution is considered the oldest written constitution still in use in the world . 2. The Continental Congress In September 1774, representatives from 12 of the 13 American colonies met in Philadelphia for the First Continental Congress . At this meeting, the colonies agreed on a set of resolutions and a

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    Study Guide statement of rights and principles. Even though tensions with Great Britain were rising, the colonies were still hoping for a peaceful solution and did not yet seek independence. The situation changed quickly. After the battles of Lexington and Concord , the Second Continental Congress met in May 1775. Although it did not have official legal authority, this Congress began acting like a national government. It took on many important responsibilities, including: • Creating a postal system • Establishing a navy and marine corps • Negotiating treaties with Native American tribes • Seeking foreign allies Most importantly, the Second Continental Congress made the historic decision to declare independence from Great Britain . 2.1 The Declaration of Independence The Declaration of Independence , written mainly by Thomas Jefferson , was adopted by the Second Continental Congress on July 4, 1776 . This document explained why the colonies were breaking away from Great Britain . Its ideas were strongly influenced by philosopher John Locke , especially his work Two Treatises of Government (1690). Locke believed that all people are born with natural rights . Jefferson described these rights as life, liberty, and the pursuit of happiness . According to Locke, governments exist to protect these rights and get their power from the consent of the governed . If a government fails to protect the people’s rights, Locke argued, the people have the right to overthrow it and create a new government . These ideas formed the philosophical foundation of the Declaration of Independence. 2.2 State Constitutions The belief that power comes from the people also shaped the new state constitutions created after independence. Because the colonies had just fought against a powerful king, most states were careful to limit executive power . In many states: • Legislatures held the most power • Lawmakers often appointed governors, judges, and other officials • Individual rights and liberties were protected

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    Study Guide Under the Articles 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 national government. 3. The Articles of Confederation The Articles of Confederation were adopted by the Second Continental Congress on November 15, 1777 . However, they did not take effect until March 1, 1781 , when all 13 states finally approved them. Under the Articles, the national government was very limited. It had a unicameral legislature , meaning a one - house Congress, often called the Confederation Congress . There was no national executive branch (no president) and no national court system . Members of Congress were chosen by the state legislatures, and each 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 navy However, the Articles made one thing very clear: any power not specifically given to Congress belonged to the states . This reflected the strong desire to keep the national government weak. 3.1 Weaknesses of the Articles of Confederation Although the Articles protected state power, they also created serious problems. Congress could not tax the states or regulate interstate and foreign trade . It could only ask states for money, and the states 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 could not raise its own army and instead had to ask states to provide troops. This made national defense difficult.

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    Study Guide Major decisions — such as declaring war, making treaties, or approving spending — required the approval of nine states , making action slow and difficult. Even worse, changing the Articles required a unanimous 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 was no national leader to enforce laws or guide policy. This lack of leadership made the government ineffective in times of crisis. 3.2 Calls to Strengthen the National Government As problems grew, many leaders began to realize that the Articles of Confederation were too weak. In September 1786 , representatives from five states met at the Annapolis Convention . Important figures such as Alexander Hamilton and James Madison argued that the national government needed more power to function effectively. These concerns became even more urgent after Shays’ Rebellion in the winter of 1786 – 1787 . This uprising by struggling farmers in western Massachusetts showed that the national government could not respond effectively to internal unrest. In response, Congress agreed in February 1787 to hold another meeting. This gathering was officially called “for the sole and express purpose of revising the Articles of Confederation.” That meeting would later become the Constitutional Convention , where a new system of government was created. 4. The Constitutional Convention In May 1787 , 55 delegates from 12 states met in Philadelphia to discuss changes to the national government. Rhode Island did not attend . Although the delegates were officially authorized only to revise the Articles of Confederation , they soon realized the Articles were too weak. Instead of fixing them, the delegates began designing an entirely new system of government . 4.1 The Virginia Plan Much of the early debate focused on a proposal by James Madison called the Virginia Plan . This plan was supported mainly by the large states . The Virginia Plan proposed:

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    Study Guide • A bicameral (two - house) legislature • A lower house elected directly by the people • An upper house chosen by the lower house from candidates nominated by state legislatures • Representation in both houses based on population The plan also included: • An executive branch , chosen by the legislature for a single term, to enforce the laws • A judicial branch , with judges appointed by the legislature to serve on a supreme court and lower national courts • A Council of Revision , made up of the executive and judges, with the power to veto laws passed by Congress or the states • A veto could be overridden by a vote of both houses of the legislature This plan greatly strengthened the national government. 4.2 The New Jersey Plan The small states opposed the Virginia Plan because it favored larger states. They supported the New Jersey Plan , which stayed closer to the structure of the Articles of Confederation. The New Jersey Plan proposed: • A unicameral (one - house) legislature • Equal representation , with one vote per state • Members chosen by state legislatures • Expanded congressional powers, including the ability to raise revenue and regulate commerce It also included: • A multi - person executive , elected by the legislature and removable by a majority of state governors • The executive would appoint judges to the Supreme Court • Laws passed by Congress would be binding on the states • The executive could force states to obey national laws

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