The U.S. Constitution Overview - CE. 1b and CE. 1c

Articles of Confederation

America's first national constitution that was in effect from 1781 - 1787. It created a very weak central (or national) government that was incapable of effectively dealing with the problems facing the country. The states had most of the power and its weaknesses led to the writing of the U.S. Constitution.

Constitutional Convention

A meeting that took place between May and September of 1787 in Philadelphia with the original goal of fixing the Articles of Confederation. The end result was the drafting of the U.S. Constitution.

Delegate

An individual sent to represent a state at the Constitutional Convention. Twelve of the 13 states sent representatives to the Convention. In total, 55 were sent to Constitutional Convention in 1787.

Founding Fathers

A term used to describe the leaders who played significant roles in establishing the United States, particularly in drafting the Declaration of Independence and the U.S. Constitution. Key Founding Fathers included George Washington, James Madison, Thomas Jefferson, and Benjamin Franklin.

Virginia Plan

One of the two main plans proposed at the Constitutional Convention. The plan was written by James Madison and proposed a two-house (bicameral) legislature in which representation was based on population. It was favored by large states.

New Jersey Plan

One of the two main plans proposed at the Constitutional Convention. The plan proposed a single house (unicameral) legislature in which representation was equal. It was favored by small states.

Great Compromise (Connecticut Compromise)

An agreement struck between the large and small states over the issue of representation. Combining aspects of the Virginia and New Jersey plans, it proposed a two-house legislature. In the lower house (House of Representatives), representation would be based on population; in the upper house (Senate), representation would be equal.

Three-Fifths Compromise

An agreement struck between the free and slave states over whether or not slaves should count as part of the population for the purposes of representation and taxation. According to the compromise, every 5 slaves would count as equal to 3 free persons.

U.S. Constitution

The document created during the Constitutional Convention in 1787. It contains the framework, or fundamental structure and important principles related to the governing the United States of America. It is the supreme law of the land in that no other law may contradict it or go against it.

Separation of Powers

The principle that the power of government (the ability to make, enforce, and interpret laws) should be divided between 3 independent, distinct, and equal branches of government to ensure that no one person or group becomes too powerful.

Checks and Balances

The principle that each branch of government (Legislative, Executive, and Judicial) should have some power over the other two. This makes sure no one branch of government abuses its power. Each branch can limit the power of the other two branches.

Federalism

The fundamental principle of the U.S. Constitution that divides power between the federal (national) government and state/local governments. This fixed the imbalance of power created by the Articles of Confederation (states had most of the power). Federalism is designed to balance power, ensuring that both the national and state governments have their own areas of authority while remaining interconnected. Federalism is outlined in the 10th Amendment of the Constitution.

Limited Government

The fundamental principal of the U.S. Constitution that says the government is NOT all-powerful and can only do what the people give it the power to do.

Popular Sovereignty (Consent of the Governed)

The fundamental principle that the people are the primary source of power in the United States. This is best seen in the Preamble of the Constitution, which states: "We the people of the United States…do ordain and establish this Constitution for the United States of America." The phrase “consent of the governed” can be found in the Declaration of Independence, emphasizing that governments derive their power from the consent (approval) of the people.

Ratification

The process by which the states approved the Constitution, requiring nine out of thirteen states to consent for it to become law (at this time there were only 13 states).The Constitution was ratified in 1788.

Federalists

The group during the debate over ratification that supported the U.S. Constitution. Typically, they were supporters of a strong central government. They did not feel a Bill of Rights was needed because the Constitution itself limited government power and protected individual rights. Famous Federalists included James Madison, Alexander Hamilton, and John Jay.

Anti-Federalists

The group during the debate over ratification that did not support the U.S. Constitution. They thought the national government it created was too powerful. They wanted a Bill of Rights to protect individual rights and liberties added before supporting the Constitution. They also wanted more power in the hands of the states and local governments. Famous Anti-Federalists included Patrick Henry and George Mason.

Federalist Papers

A collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay, promoting the ratification of the U.S. Constitution and explaining its principles and benefits.

Preamble

The opening paragraph of the Constitution. It outlines the purpose and goals of the U.S. Constitution.

Articles

The main body of the Constitution. There are seven in total and they outline the framework (basic rules and structure) for the national government. Article I lays out the Legislative Branch, Article II the Executive Branch and Article III the Judicial Branch. Article IV defines the states' powers and limits. Article V describes the amendment process. Article VI addresses the supremacy of the Constitution, and Article VII covers the ratification process.

Amendments

Changes or additions to the U.S. Constitution. There have been 27 made to the Constitution since its creation in 1787.

Bill of Rights

The first ten amendments to the Constitution; guarantees certain individual rights, like freedom of speech and religion; the right to a fair trial; due process; no unreasonable searches, etc.

Legislative Branch

The branch of government responsible for making the laws. Known as Congress, it is divided into two houses: the House of Representatives and the Senate.

Executive Branch

The branch of government responsible for enforcing or carrying out the laws. It is headed by the President of the United States and made up of many departments (i.e., the Department of Defense, Department of Justice, etc.) and agencies (i.e., the FBI the CIA) and the U.S. Military.

Judicial Branch

The branch of government responsible for interpreting or reviewing the laws. It is made up the federal court system, with the Supreme Court as the highest court in the nation. It has the power to declare laws and executive orders/actions unconstitutional. This is called Judicial Review.

House of Representatives

Considered the lower house of Congress (the legislative branch of the national government). Together with the Senate, it introduces national laws. With 435 members, representation is based on population (the more people a state has the more representatives it gets)

Senate

Considered the upper house of Congress (the legislative branch of the national government). Together with the House of Representatives, it introduces national laws. Each state has two senators; therefore, states are equal in the Senate regardless of population.

George Washington

The commander-in-chief of the Continental Army during the American Revolution; the president of the Constitutional Convention; and the first president of the United States of America under the U.S. Constitution. Often referred to as the "Father of His Country."

Thomas Jefferson

The primary author of the Declaration of Independence and the third president of the United States. He also wrote the Virginia Statute for Religious Freedom (ideas of freedom of religion and separation of church and state are embedded in 1st Amendment to the U.S. Constitution).

James Madison

Often considered the "Father of the Constitution," he was the delegate most responsible for the language and ideas in the U.S. Constitution. He became the fourth president of the United States. Leading Federalist.

Alexander Hamilton

A leading delegate at the Constitutional Convention and leading member of the Federalists during the debate over ratification.

George Mason

Leading Anti-federalist; advocated for a Bill of Rights to be added to the U.S. Constitution to prevent abuse of individual rights and liberties by a strong central government (author of the Virginia Declaration of Rights which was the model for the Bill of Rights).

Gouverneur Morris

A key figure at the Constitutional Convention, he is credited with writing the preamble to the U.S. Constitution and played a significant role in shaping its final text.

Supremacy Clause

The clause in Article VI of the U.S. Constitution that establishes the Constitution, federal laws, and treaties as the supreme law of the land, taking precedence over state laws.

Why have only 27 amendments been added to the Constitution since it was ratified?

The rigorous amendment process requires a two-thirds majority in both houses of Congress and ratification by three-fourths of the states, making it intentionally challenging to alter the Constitution. This high threshold ensures stability and reflects a strong consensus for any changes.

How does the U.S. Constitution guard against tyranny (an abuse of power)?

The U.S. Constitution guards against tyranny by establishing three distinct, independent, and equal branches of government so power is not in the hands of just one branch. This is call a Separation of Powers. It also established a system of Checks and Balances among the three branches, allowing each branch to limit the powers of the other two branches so no branch abuses its power. It also protects individual rights through the Bill of Rights. Finally, it delineates (sets forth) the powers of the federal government and reserves unspecified powers to the states. This division of powers between the federal government and state governments is called Federalism.