Founding and the U.S. Constitution

Learning Objectives

• Address the contradiction between “equality” and exclusion.

• Understand why the Articles of Confederation failed.

• Describe the process of creating the Constitution.

• Outline the seven articles of the Constitution.

• Understand the different parts of the Constitution (articles, sections, clauses, amendments).

• Explain how and why our government structure prevents a monarchy.

• List and describe the four main controversies faced by the men who wrote the Constitution.

• Articulate why the United States Congress is split into two parts.

• Identify the three branches and explain what each branch does.

• Outline the process of amending the Constitution.

• Explain why the Bill of Rights exists.

• Evaluate the level of democracy established by the Founders.

Key Terms to Understand

• Virginia Plan: Proposal for a strong national government with representation based on population.

• New Jersey Plan: Proposal for a weaker national government with equal representation for each state.

• Great Compromise: Agreement that established a bicameral legislature.

• Ratification: The process of formally approving the Constitution.

• Bill of Rights: The first ten amendments to the Constitution, guaranteeing individual rights.

• Three-Fifths Compromise: Agreement counting slaves as three-fifths of a person for representation.

• Checks and Balances: System ensuring that no one branch of government becomes too powerful.

• Separation of Powers: Division of government responsibilities into distinct branches.

• Federalism: System of government where power is divided between national and state governments.

• Enumerated Powers: Powers specifically granted to the federal government.

• Implied Powers: Powers not explicitly stated but necessary to implement the enumerated powers.

• Supremacy Clause: Establishes that federal law takes precedence over state law.

• Necessary and Proper Clause: Grants Congress the power to pass all laws necessary to carry out its enumerated powers.

• Reserve Powers: Powers not delegated to the federal government are reserved for the states.

• Civil Liberties: Individual rights protected by law from governmental interference.

• Civil War Amendments: Amendments 13, 14, and 15, addressing issues related to slavery and citizenship.

• Bicameral Legislature: A legislature with two houses, as established by the Great Compromise.

• Equal Rights Amendment (ERA): Proposed amendment aimed at guaranteeing equal legal rights for all American citizens.

• Due Process: Legal requirement that the state must respect all legal rights owed to a person.

Timeline of Key Events

1. Boston Tea Party

2. First Continental Congress

3. Revolutionary War begins

4. Second Continental Congress

5. Declaration of Independence

6. Articles of Confederation

7. Constitutional Convention

8. U.S. Constitution given to States

9. Ratification of Constitution

10. Bill of Rights

Articles of Confederation

• Challenges: Represent all 13 colonies; government had power to borrow money but lacked authority to tax or maintain a military.

• Realization: The Articles did not work effectively.

Constitutional Convention

• Delegates: 55 men, predominantly white, educated, and property owners, met in Philadelphia to address the Articles of Confederation.

• Goal: To create a stronger central government.

Four Main Controversies

1. Strength of Government: Addressed through separation of powers and checks and balances.

2. Large vs. Small States: Resolved by the Great Compromise, establishing a bicameral legislature.

3. Slavery: The Three-Fifths Compromise counted slaves as three-fifths of a person for representation.

4. Individual Rights: Federalists vs. Antifederalists led to the inclusion of amendments.

Structure of the Constitution

• Articles:

  • Article I: Legislative Branch

  • Article II: Executive Branch

  • Article III: Judicial Branch

  • Article IV: Relationships between states

  • Article V: Amendment process

  • Article VI: Supremacy of federal law

  • Article VII: Ratification process

Preventing a Monarchy

• Separation of Powers: No branch can hold all power.

• Checks and Balances: Each branch has power over the others.

• Federalism: States maintain certain powers.

Constitutional Amendments

• Bill of Rights: First ten amendments protecting individual rights.

• Civil War Amendments: Addressed issues of slavery and citizenship.

• Subsequent Amendments: Expanded democracy and addressed various rights.

Federalism

• Definition: Division of power between national and state governments.

• Tenth Amendment: Powers not delegated to the federal government are reserved for the states.

• Impact: Influences political dynamics and governance.

Georgia State Constitution

• Historical Context: Reflects the state's political, economic, and social history.

• Key Features: Bill of Rights, voting and elections, legislative branch, and constitutional boards.

Conclusion

• The U.S. Constitution and state constitutions illustrate the evolution of governance and civil rights, adapting to changing political landscapes and societal needs. Each constitution reflects its historical context and the ongoing quest for a balanced and fair government.