AP Government Unit 1.5: The United States Constitution and Constitutional Compromises

Ratification Timeline of the United States Constitution

• The United States Constitution was ratified by the original thirteen states on the following dates:     * Delaware: December 7, 1787     * Pennsylvania: December 12, 1787     * New Jersey: December 18, 1787     * Georgia: December 31, 1787     * Connecticut: January 9, 1788     * Massachusetts: February 6, 1788     * Maryland: April 26, 1788     * South Carolina: May 23, 1788     * New Hampshire: June 21, 1788     * Virginia: June 25, 1788     * New York: July 26, 1788     * North Carolina: November 21, 1789     * Rhode Island: May 29, 1790

Constitutional Convention: Negotiation, Compromise, and Representation

• Learning Target: Students will explain the impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system.
• The Republican System of Government:     * The Constitution established a Republican style of government, also known as a Representative Democracy.     * In this system, elected representatives perform the work of government on behalf of the people.     * This shift gave the federal government significantly more power over the states than it possessed under the previous system.
• Arguments Against Ratification:     * Critics argued the new Constitution provided too much power to the central government.     * Concerns focused on the potential loss of rights for both individual citizens and state governments.

The Great Compromise (The Connecticut Compromise)

• The Problem: The convention faced a deadlock over how people would be represented in the first Congress and how many representatives each state would receive.
• The Virginia Plan:     * Proposed by Virginia, which was one of the most heavily populated states at the time.     * Argued that representatives should be apportioned based on population.     * This plan inherently favored larger states.     * The ultimate goal was to create a stronger, more centralized government.
• The New Jersey Plan:     * Proposed as an alternative that favored smaller states.     * Argued that representatives should be apportioned equally, grant each state exactly one vote.     * The intent was merely to amend the existing Articles of Confederation rather than replace them entirely.
• The Resolution: Bicameral Legislature:     * The Great Compromise created a Congress consisting of two houses:         * House of Representatives: Apportioned by population. Large states receive more representatives; small states receive fewer.         * Senate: Apportioned equally. Every state receives exactly $2$ representatives.

The Presidential Election and the Electoral College

• Selection Debates:     * Delegates debated whether the President should be elected by the people, state legislatures, or Congress.     * Fear of Corruption: Congress was ruled out as the electing body to prevent corrupt influence over the Executive.     * Fear of the "Mob": The general public was ruled out as the direct electing body due to fears of uneducated or uncontrolled masses.
• The Electoral College System:     * Each state is assigned a specific number of electors equal to their total representation in Congress (House members + Senators).     * The electors are the individuals who actually put the President into office.     * Total Electoral Members: $538$         * Calculation: $435$ (House) + $100$ (Senate) + $3$ (District of Columbia) = $538$     * Threshold to Win: A candidate requires at least $270$ electoral votes to win the presidency.
• Mechanics and Criticisms:     * While people vote on Election Day, it is the electors who cast the final votes for President and Vice President.     * Winner-Take-All: In most states, the candidate who wins the majority of the popular vote receives all of that state's electoral votes. Notable exceptions include Maine and Nebraska.     * Criticisms: Opponents argue the system is outdated and point to instances where the winner of the Electoral College did not win the national popular vote.

Compromises Regarding Enslaved People

• The Three-Fifths ($3/5$) Compromise:     * The Conflict: A debate arose over how enslaved people should be counted regarding population for representation in the House of Representatives.     * Northern Position: Argued population should only be based on free people, noting that Southerners claimed enslaved individuals were property.     * Southern Position: Wanted enslaved people counted to increase their political power in the House.     * The Agreement: Count $\frac{3}{5}$ of the enslaved population for two purposes: Representation and Taxation.     * Outcome: Southern states gained significant power in the House of Representatives and a greater number of votes in the Electoral College. This compromise is historically cited as a contributing factor toward the American Civil War.
• Importation of Enslaved People:     * Some delegates advocated for the official abolition of the slave trade within the Constitution.     * Southern states insisted on maintaining the trade.     * The Compromise: The Constitution prohibited Congress from touching or banning the slave trade for a period of $20$ years.     * Result: The trade was eventually abolished in $1808$. Following this, Congress could regulate the trade but could not make it illegal prior to that date.

Amending the Constitution (Article V)

• The Amendment Process:     * Proposal Stage (Two methods):         * $\frac{2}{3}$ vote of both houses of Congress.         * $\frac{2}{3}$ of state conventions calling for a national convention.     * Ratification Stage:         * $\frac{3}{4}$ of state legislatures must approve the amendment.
• Historical Timeline:     * Bill of Rights: The first $10$ amendments were added to protect individual liberties.     * Total Amendments: There have been $17$ subsequent amendments added, bringing the total to $27$ amendments.

Lasting Debates and Modern Implications

• Core Debates: Ongoing conflict regarding the role of the central government, the power of state governments, and the protection of individual rights.
• Government Surveillance:     * Security measures often conflict with the natural rights and privacy of citizens.     * Examples include government wiretapping of phones and the monitoring of Americans' emails.     * Critics argue these practices violate the 4th Amendment, which protects against unreasonable search and seizure.
• Education Policy:     * Education typically falls under state authority, yet the federal government influences it via funding.     * No Child Left Behind (2001): An example where states had to meet specific federal criteria and benchmarks to receive funding. Failure to meet these benchmarks resulted in the loss of federal funds.

The Articles of Confederation vs. The Constitution

• Articles of Confederation (AoC):     * The original U.S. governing document.     * Established a Confederate System: A system where most power is held by the states and the central government is weak.     * The federal government possessed only a weak legislative branch.
• The Constitutional Convention (1787):     * Prompted by the failures and problems of the AoC.     * Drafted a new document establishing a Republic, granting the federal government greater power over states.

Structural Analysis of the Constitution

• Article I: The Legislative Branch:     * Details the powers of Congress; it is the longest article in the Constitution because the legislature most directly represents the will of the people.     * Legislative Power: The power to make laws.     * Bicameral Structure:         * House of Representatives: $435$ representatives divided based on state population.         * Senate: Equal representation with $2$ Senators per state.     * Article I, Section VIII: Contains Enumerated Powers explicitly granted to government branches.     * Article I, Section VIII, Clause XVIII (Necessary and Proper Clause):         * Also known as the Elastic Clause.         * States Congress shall make all laws "necessary and proper" for carrying out the country's welfare.         * Stirred fear that Congress would pass laws without state protection.
• Article II: The Executive Branch:     * The President of the United States (POTUS) elected via the Electoral College.     * Commander in Chief: In charge of the military and troop activities, though the President cannot declare war (this maintains civilian leadership over the military).     * Chief Legislator: The President has the power to sign or veto legislation.
• Article III: The Judicial Branch:     * Judiciary Act (1789): Established the lower court system.     * Jurisdiction of the Supreme Court (USSC):         * Original Jurisdiction: The USSC hears the case for the first time; no other court is involved.         * Appellate Jurisdiction: The USSC hears appeals from lower courts rather than hearing the case first.     * Judicial Review: The power of the USSC to hear cases and laws to determine if they are Constitutional or Unconstitutional.
• Article IV: State Governments:     * Governs federal-state and state-state relationships.     * Full Faith and Credit Clause: Requires each state to honor the rules and laws of other states.
• Article VI: Federalism:     * Supremacy Clause: Establishes that federal laws are more powerful than state laws. In the event of a conflict, federal law must be followed.
• The Bill of Rights:     * Agreed upon as a condition for the Constitution's approval.     * Outlines specific individual liberties to protect citizens from government overreach.