Study Notes on the U.S. Constitution

American History Notes: The U.S. Constitution

Introduction

  • Ratification of Articles of Confederation

  • A new constitution is ratified after Federalists agree to include a Bill of Rights.

Essential Question

  • What are the most enduring ideas in the Constitution?

LESSON 1: The Articles of Confederation

Overview

  • The Articles of Confederation were adopted but proved to be too weak for addressing national problems.

Americans Debate Republicanism

Definition and Relationship

  • Politicians debated the relationship between state and national governments.

Colonies Become States

  • Self-governing colonies considered the basic political unit.

  • Allegiance primarily to colonies, then states; reluctance to support a strong central government.

Unity Through a Republic

  • Belief in democracy giving too much power to the uneducated.

  • Preference for a republic: governance through elected representatives.

  • Republicanism based on consent of the governed.

Key Thinkers

  • John Dickinson: Advocated placing national good above self-interest.

  • Adam Smith and Followers: Believed personal interests lead to collective benefits.

State Constitutions

Limitations on Government

  • Many states restricted powers of governmental leaders.

  • Focused on guaranteeing specific rights to citizens, emphasizing liberty over equality.

  • Only white males could vote; some states required property ownership.

Political Precedents

  • Previous republican forms could not meet U.S. needs.

  • Challenges in balancing interests of state and national governments.

The Continental Congress Debates

Drafting the Constitution

  • The Continental Congress aims to draft a national constitution.

Representation Issues

  • Disputes over whether representation should be by population or by state.

  • States vary in size, population, and wealth; inconsistency in how Congress should be formed.

  • Congress decides on equal representation: one vote per state.

Supreme Power

Articles of Confederation

  • Defined powers of national versus state governments.

  • In a confederation, powers are shared between states and national government.

  • The Articles assign national powers such as war management, treaties, and postal services.

  • No executive or court system established to enforce laws.

  • Adopted in 1777, the Articles went into effect in March 1781 after Maryland ratified.

Western Lands

Governing Issues

  • By 1779, 12 states approved Articles of Confederation, contingent on western land claims surrendering to the U.S.

  • Land Ordinance of 1785: Created a plan for surveying western territories.

  • Northwest Ordinance of 1787: Established a framework for creating territories and statehood; emphasized religious freedom, public education, and prohibition of slavery.

Problems Facing the Confederation

Political and Economic Challenges

  • Confederation characterized by lack of unity; states pursued individual interests.

  • Congress accrued extensive debt during the Revolutionary War.

  • Rhode Island rejected tariffs on imports; inability to pay foreign debts.

  • Borrowers vs. Lenders: Creditors favored high taxes for repayment, burdening farmers who subsequently lost land.

Foreign-Relations Problems

  • The U.S. failed to pay debts to British merchants or compensate Loyalists.

  • Britain refused to evacuate Great Lakes forts in retaliation.

  • In 1784, Spain closed the Mississippi River to American navigation, impacting westerners' ability to transport goods.

  • The inability of Congress to resolve foreign issues highlighted the weaknesses of the Articles.

LESSON 2: Drafting the Constitution

Philadelphia Convention

  • Delegates at the 1787 convention rejected the Articles, opting to create a new Constitution.

Nationalists and Government Strengthening

  • Many leaders feared rebellion by debt-ridden farmers.

  • George Washington called for a stronger national government.

Call for Convention

  • A meeting in 1786 regarding interstate trade saw participation from only 5 states.

  • Shays’s Rebellion precipitated broader attendance at the Constitutional Convention.

  • James Madison of Virginia is known as the “Father of the Constitution.”

Convention Structure

  • In 1787, 55 delegates from all states except Rhode Island convened at the Pennsylvania State House.

  • Windows were closed to prevent eavesdropping; Washington elected as presiding officer.

The Need for Compromise

Conflicting Interests

  • Recognized necessity for a stronger central government.

  • Virginia Plan: Bicameral legislature based on population (proposed by Madison).

  • New Jersey Plan: Unicameral legislature with one vote per state (proposed by Paterson).

  • Great Compromise (Roger Sherman):
      - Senate: Equal representation elected by state legislatures.
      - House of Representatives: Based on population and directly elected by the people.

Slavery-related Issues

  • Southern delegates desired slaves counted for population in the House of Representatives, while Northern delegates opposed this.

  • The Three-Fifths Compromise stipulates that 3/5 of a state’s slaves count toward population and taxable property.

  • Congress can regulate foreign trade but cannot interfere with the slave trade for 20 years post-ratification.

Creating a New Government

Division of Powers

  • Federalism: Division between national and state governments.

Power Allocation

  • Delegated Powers: Conduct foreign affairs, defend the nation, regulate interstate trade, manage finances.

  • Reserved Powers: States manage education and intrastate commerce.

  • Shared Powers: Rights to tax, borrow money, and establish courts.

Separation of Powers

  • National government is divided into three branches:
      - Legislative Branch: Responsible for making laws.
      - Executive Branch: Responsible for enforcing laws.
      - Judicial Branch: Responsible for interpreting laws.

Checks and Balances

  • Mechanism designed to prevent dominance of one branch over the others.

  • Establishment of the Electoral College to elect the president, with electors selected by state legislatures.

Constitution Amendments

  • The Constitution can be amended; Congress is responsible for submission to states for approvable ratification.

LESSON 3: Ratifying the Constitution

Federalists versus Antifederalists

Political Stance

  • Early expectations revolved around minor modifications to the Articles of Confederation.

  • The Constitution represented a radical change in governance.

Ratification Process

  • Official approval requires the support of at least nine states.

  • Delegates, elected by voters, convene to vote on ratifying at state conventions, bypassing likely opposition from state legislatures.

Arguments of Federalists

  • Federalists advocated for a balance between state and national governments.

Arguments of Antifederalists

  • Opposed a strong central government which could become an advocate for a privileged minority.

  • Raised concerns over the Constitution's ability to govern a large nation effectively.

  • Contended the Constitution lacked explicit protections for individual rights.

The Opposing Groups

  • Urban centers and smaller states leaned Federalist, aligned with merchants and workers favoring trade regulations.

  • Rural areas tended Antifederalist, with farmers concerned about taxes and larger states wary of losing autonomy.

Publications

  • The Federalist Papers: A collection of 85 essays advocating for the new Constitution.

  • Letters from the Federal Farmer: Highlighted specific rights desired for protection by Antifederalists.

The Bill of Rights

Demand for Written Guarantees in Rights

  • Antifederalists insisted on the need for written protection of liberties.

  • Federalists assured the inclusion of a Bill of Rights upon ratification of the Constitution.

Ratification Timeline

  • Between December 1787 and June 1788, nine states ratified the Constitution.

  • Federalists required support from larger states: Virginia and New York ratified after extensive debate by 1788.

  • The new government framework was established in 1789.

Bill of Rights Adoption

Foundation

  • The Bill of Rights was inspired by the Virginia Declaration of Rights and the Virginia Statute of Religious Freedom.

  • Ratified in 1791, it includes the first ten amendments, which encapsulate several fundamental rights:
      - First Amendment: Freedom of religion, speech, press, and assembly.
      - Second Amendment: Right to bear arms
      - Third Amendment: No quartering of soldiers
      - Fourth through Eighth Amendments: Fair treatment for individuals accused of crimes
      - Ninth Amendment: Rights not limited to those specifically enumerated
      - Tenth Amendment: Powers not delegated to the federal government reserved for the states or the people.

Continuing Relevance of the Constitution

Adapting to Changes

  • The Constitution is a flexible, “living document.”

  • The Elastic Clause allows for adaptation to unforeseen challenges.

  • The Constitution can be formally amended; only 27 amendments have been made thus far.

Voting Rights Amendments

  • Thirteenth Amendment: Bans slavery in the U.S.

  • Fourteenth Amendment: Grants citizenship to former slaves.

  • Fifteenth Amendment: Guaranteed the right to vote for African American males, though states later found ways to limit voting rights.

  • Nineteenth Amendment: Granted women the right to vote.

  • Twenty-Sixth Amendment (1971): Lowered the voting age to 18.

Conclusion

  • The Constitution has influenced numerous nations' formal governance and remains a cornerstone of American democracy.