The United States Constitution

Competency Two: The United States Constitution

Overview

  • This section covers the articles, amendments, and structures of the United States Constitution.
  • It includes the principles of the Constitution and their application to various aspects of government and life.
  • Covers the history and principal function of the U.S. Constitution, its articles, sections, clauses, and amendments.

What is the US Constitution?

  • The Constitution outlines the structure and powers of the national government.
  • It establishes fundamental laws and guarantees basic rights for citizens.
  • Key principles include:
    • Checks and balances to prevent any one government branch from having too much power.
    • Religious freedom.
    • The principle of being innocent until proven guilty.
  • Inspired by Enlightenment thinkers such as John Locke, Montesquieu, Voltaire, and Beccaria.

Why was the Constitution Established?

  • Articles of Confederation:
    • Adopted in 1777.
    • Established sovereignty for the 13 colonies but lacked centralized power and equal rights across the colonies.
  • Need for Change:
    • The Articles of Confederation were inadequate, necessitating a stronger central government.
  • Constitutional Convention (1787):
    • Adopted and signed in 1787.
    • Drafted over three months (May to September) in Philadelphia.
    • 55 delegates representing the colonies participated.
    • The goal was to establish a strong, united federal government with checks and balances.
  • James Madison:
    • 4th President of the United States.
    • Known as the "Father of the Constitution."

Principal Function of a Written Constitution

  • Outlining the structure and powers of a government.

Checks and Balances

  • The objective of checks and balances is to prevent any one of the three branches of government from becoming too powerful.

Author of the U.S. Constitution

  • James Madison is considered the principal author of the U.S. Constitution.

Philosophical Movement

  • The ideals in the U.S. Constitution best reflect the Enlightenment movement.

Preamble

  • "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
  • George Washington:
    • 1st President of the United States.
    • President of the Constitutional Convention.

Articles, Sections, Clauses, & Amendments

  • Articles:
    • The Constitution contains 7 articles outlining the duties of each government branch and establishing citizenship.
    • All articles contain sections (e.g., Article 1, Section 5 details the "Powers and Duties of Congress").
  • Clauses:
    • The Constitution and its amendments are comprised of clauses, which are fragments of information outlining the law of the land.
  • Amendments:
    • The Constitution has 27 amendments.
    • The first 10 amendments are known as the Bill of Rights.

The Great Compromise

  • Issue:
    • States feared under-representation in the new government.
    • Agreeing on a standard form of representation for each state proved challenging.
  • Solution:
    • Creation of two houses of Congress:
      • House of Representatives: Seats per state based on the size of the population.
      • Senate: Each state would have two delegates regardless of size.

Federalists & Anti-Federalists

  • Federalists:
    • Supported the Constitution.
  • Anti-Federalists:
    • Opposed the Constitution, fearing power would be localized and abused by the influential and wealthy.
    • Vigorously and publicly attacked the Constitution.
  • The Federalist Papers:
    • Alexander Hamilton, John Jay, and James Madison published 85 essays outlining the weaknesses of the Articles of Confederation and the need for a dynamic united government.
    • Hamilton wrote 51 of the 85 essays.
    • Thomas Jefferson called the Federalist Papers the "best commentary on the principles of government ever written."
  • Alexander Hamilton:
    • 1st Secretary of the U.S. Treasury.
    • Co-author of the Federalist Papers.

Preamble Description

  • Governments are accountable to the citizens over whom they rule.

Great Compromise Result

  • Congress would have two houses:
    • One in which state representation was based on population.
    • One in which all states had equal representation.