Creating a Constitution

A New Nation

The war for American Independence ended in 1783.

Many predicted that the new nation would collapse.

Leaders in the United States avoided the nation’s collapse by creating an entirely new system of government. They wrote the Constitution of the United States.

The Articles of Confederation

At first, the United States operated under the Articles of Confederation.

Congress lacked the power to:

• raise money

• regulate trade

• conduct foreign affairs

Changing the Articles required the approval of all thirteen states.

New Compromises

A Grand Convention

National leaders became concerned that the Articles of Confederation were not working.

• Shay’s Rebellion provided the final push to revise the Articles

The Grand Convention was called for in May 1787.

The Grand Convention became the Constitutional Convention.

Big Decisions in Philadelphia

The delegates had to decide whether:

• Congress should be made up of one house or two

• every state should have the same number of representatives

• representation should be based on a state’s population

The Virginia Plan

The delegates proposed two plans for a Congress.

The first was the Virginia Plan, which:

• proposed representation based on population

• proposed a bicameral (two-house) Congress.

• was supported by large and growing states

The New Jersey Plan

The second plan was the New Jersey Plan, which:

• proposed a unicameral (one-house) Congress

• proposed that every state have the same number of representatives

• was supposed by small states

The First Compromise

The issue of representation in Congress was the most difficult challenge.

The House of Representatives

The Great Compromise said that representation in the House of Representatives would be based on population.

• At first, the House had 64 members

• Today, it has 435 members

The Importance of a Number

Another issue was how enslaved people should be counted in the population.

• Southerners:

  • 1 enslaved person = 1 person

• Northerners:

  • 1 enslaved person = 0 persons

If enslaved people were counted, Southern states had larger populations.

The Three-Fifths Compromise

With the question of the structure of Congress settled, the delegates moved on to another difficult question:

• How should enslaved people be counted?

According to the Three-Fifths Compromise, each would be counted as three-fifths of a person.

Commerce and Slave Trade Compromise

The Commerce and Slave Trade Compromise:

• Congress would have the commerce power

• Congress would not be allowed to regulate the slave trade until 1808

New Government

Government Structure

The Constitution organizes the federal government into three branches.

Article 1: The Legislative Branch

Article 1 established the legislative branch - Congress.

This branch creates laws.

Congress is made up of two houses, the Senate and the House of Representatives.

• Senators serve six-year terms

• Members of the House serve two-year terms

Article 2: The Executive Branch

Article 2 established the executive branch - the presidency.

The president represents the nation and creates policies.

The president’s responsibilities include:

• taking care that “the Laws be faithfully executed”

• serving as the head of state and commander-in-chief of the armed forces

• appointing the heads of federal agencies

Article 3: The Judicial Branch

Article 3 established the judicial branch - the courts

This branch interprets the laws created by Congress and the actions of the President.

It is made up of a system of courts that includes:

• One Supreme Court

• Other courts created by Congress

All criminal trials must be decided by a jury of citizens.

New Principles

Popular Sovereignty in the Preamble

The government receives its power from the people.

This is called popular sovereignty.

• The people give the government power by voting for their representatives

Limited Government

The principle of limited government is that a government can only do what its people give it authority to do.

• The people would give the government authority by ratifying the Constitution

The framers hoped to prevent tyranny by following this principle.

The Principle of Separation of Powers

The Constitution grants different powers to each branch of government.

Checks and Balances

Federalism