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3.9 The Constitution

7 min readjanuary 11, 2023

J

James Glackin

Dalia Savy

Dalia Savy

J

James Glackin

Dalia Savy

Dalia Savy

The Delegates

Who was responsible for creating ? Twelve states sent delegates, with being absent. Fifty-five white males were appointed by their state legislatures. All of these men owned property and came from a wealthier class.

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2FMadison_1816.jpg?alt=media&token=fb7aec7e-6e24-411b-b1ec-9ad224c6406d

James Madison was a central figure in the reconfiguration of the national government. Madison’s Virginia Plan was a guiding document in the formation of a new government under the Constitution. John Vanderlyn, Portrait of James Madison, 1816. Wikimedia.

called these men “demigods.”  Many of these highly respected men were lawyers and had experience in creating state constitutions. had spent years studying world history, Enlightenment texts, and political writings and used that information for a plan for the new Constitution. As a result, he is often given the title “Father of ”. 

was elected as the chairman. , , and all played key roles. Notable absentees were , , , and . None of these men came from the poorer masses.

After several debates at the , was finished on September 17, 1787, and then sent to the states for ratification.

👉 Not sure how the Constitution came to be and the different plans for representation in Congress? Be sure to check out the last study guide about the Constitutional Convention before moving forward.

Ratification

In order for the United States Constitution to go into effect, nine of the thirteen states had to ratify it; this would prove to be difficult. Each state held special elections to choose representatives, known as ratifiers, who would be responsible for voting on whether or not to ratify . The took place between 1787 and 1788.

The ratifiers were divided into two main groups: and .

  • were in favor of ratifying and believed that a stronger national government was necessary to address the problems facing the country under the Articles of Confederation. They argued that would provide the needed stronger central government that would be better able to regulate commerce, provide for the common defense, and protect individual rights. They were often propertied men who did not believe in states' rights.

  • , on the other hand, were opposed to ratifying . They believed that would create a powerful national government that would threaten the rights and sovereignty of the states. They also worried that did not include a to protect individual liberties and that it would lead to an oppressive government. were largely rural farmers.

For a visual explanation of the differences between the two:

FederalistAnti-Federalist
Leaders, , John Jay, Samuel Adams, John Hancock
StanceThe Articles of Confederation is weak; favored stronger central governmentLiked elements of the Articles; favored weak central government and stronger state governments
About ThemMostly wealthy property ownersMostly small farmers, shopkeepers, laborers
SupportsStrong national government threatened rights of the common people
Powers of central government need to be strengthened to protect the nation on a global scale and solve domestic problemsConstitution lacked
Strong national government over uncooperative statesArgued against 2/3 ratification
Men of talent should rule; feared mobocracyOpposed omitting God
National government should protect rightsCreated a strong executive similar to monarchy
would protect against abuses

The Federalist Papers

The are a series of 85 essays written by , , and John Jay to promote the ratification of the United States Constitution. They were published in various New York newspapers under the pseudonym "Publius" between October 1787 and August 1788. The essays explained the features of the proposed Constitution and sought to persuade the citizens of New York to ratify it.

The Bill of Rights

Some states ratified it quickly and unanimously, while others took longer and the ratification was passed by a close vote. Delaware was the first state to ratify it in December of 1787, and Pennsylvania soon followed.

Massachusetts ratified only after the promise of a to ensure the preservation of individual liberties. The helped tipped the balance because it satisfied the ' concern that a federal government could infringe on citizens' rights. It specifically enumerated certain individual rights and protections, such as freedom of speech and religion, protection against self-incrimination, and the right to a fair trial, among others. In the end, was ratified by nine states, the required number of states to make it official. was the last to ratify it in May of 1790. If you take a look at the dates, it really took a long time for the Consitution to become ratified and official.

What is in the Constitution?  

A brand new structure was put in place. The United States Constitution became the supreme law of the United States and consists of a and seven articles that embody the fundamental principles of the American political system. It lays out the structure and function of the federal government, and it establishes the rights and freedoms of American citizens. The main staple was the three branches of government. Each branch had significant power but still had limits that could be checked by the other two branches.

  • The sets out the purpose and goals of and establishes the "We the people" as the source of 's authority.

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2F-WgrYb20j217q.png?alt=media&token=45e611e3-64a0-4f4b-a317-8c94bbc5f543

Image Courtesy of Harvard Law School

  • The first article establishes the legislative branch of government, which is made up of . It lays out the organization and powers of , and it explains how laws are made.

    • could collect taxes and regulate foreign and domestic trade.

  • The second article establishes the , which is headed by the . It lays out the qualifications for being , the powers of the , and the procedures for electing and removing the .

    • The was commander in chief of the military, had veto power over laws, and appointed judges for life.

  • The third article establishes the of government, which is made up of the . It lays out the organization and jurisdiction of the , and it explains the process by which federal judges are appointed.

  • The fourth, fifth, sixth, and seventh articles establish the relationship between the federal government and the states and the rights of citizens and protection against the Government. It covers issues such as the rights of citizens, the process for amending , the procedures for federal and state elections, and the process for impeaching federal officials.

    • was much easier to amend than the Articles!

  • The , the first ten amendments, were added after its ratification as an addition to the main document which guarantees the protection of citizens' rights, freedom of speech, religion, press, and other rights.

Safeguards Placed

The following is a bit of a review, but it is important to note as the framers of had a lot in mind when setting the foundation for the newly established United States of America.

The framers of were concerned about the potential for "mob rule," or the tyranny of the majority, in which the rights and interests of minority groups could be overlooked or trampled upon by the will of the majority. They sought to create a system of government that would be representative of the people's will but would also be able to protect the rights of individuals and minority groups.

One way that they did this was by creating the as a means of electing the , rather than directly electing the by popular vote. Under this system, each state is allotted a number of electors based on its representation in , and the candidate who receives a majority of electoral votes (270 or more) becomes . This system was intended to prevent a from being elected solely by a majority in the large states and to prevent candidates with broad but shallow support, who would not have enough majority support in any particular state.

Additionally, the , which is one of the two chambers of , was created to be composed of two Senators from each state, regardless of the population of that state, and Senators were indirectly elected by the state legislature, this was to ensure the protection of the interests of small states, which might otherwise be overlooked by a dominated by the larger states.

also establishes an elaborate system of between the three branches of government, and the as an addition, to prevent any one branch from becoming too powerful and to ensure that the rights of individuals and minority groups are protected.

Key Terms to Review (30)

Alexander Hamilton

: Alexander Hamilton was a Founding Father, first Secretary of the Treasury (1789–1795), and influential interpreter of the U.S. Constitution.

Alexander Hamilton, James Madison, John Jay (as authors of Federalist Papers)

: These three men were key figures during America's early years who collaborated on writing The Federalist Papers to support ratification of U.S. Constitution.

Antifederalists

: Antifederalists were a group of individuals in early U.S. history who opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution.

Ben Franklin

: Benjamin Franklin was one of America's Founding Fathers, known for his contributions as an inventor, writer, scientist, statesman, and diplomat.

Bill of Rights

: The first ten amendments to the US Constitution, ratified in 1791, that outline and guarantee certain individual rights and freedoms.

Checks and Balances

: This is a system in the U.S. government where each branch (executive, legislative, judicial) has powers that can limit or check the powers of the other branches to prevent any one branch from becoming too powerful.

Congress

: The national legislative body of U.S., consisting of two houses: Senate and House of Representatives.

Constitutional Convention

: The Constitutional Convention took place in 1787 in Philadelphia, Pennsylvania. It was a meeting where delegates from twelve of the thirteen colonies wrote the United States Constitution.

Electoral College

: The Electoral College is a group of people appointed by each state who formally elect the President and Vice President of the United States.

Executive Branch

: The executive branch is one of the three branches of the U.S. government, responsible for implementing, enforcing, and administering laws. It's headed by the president.

Federal Courts

: The federal courts are the system of courts established by the U.S. Constitution to interpret and apply federal laws, resolve disputes between states, and handle cases involving constitutional rights.

Federalist Papers

: The Federalist Papers are a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius." They were published between 1787 and 1788 to promote the ratification of the United States Constitution.

Federalists

: Federalists were supporters of ratification of U.S Constitution; they believed in strong central government and loose interpretation of Constitution.

George Washington

: George Washington was the first President of the United States (1789-1797) and one of the Founding Fathers. He led America to victory in the Revolutionary War, helping establish the country's independence from Britain.

James Madison

: James Madison was an American statesman, diplomat and Founding Father who served as the fourth President of United States (1809-1817). He is hailed as "Father of Constitution" for his pivotal role in drafting and promoting U.S. Constitution and Bill of Rights.

John Vanderlyn

: John Vanderlyn was an American neoclassical artist known for his portraits and history paintings. He was most active during early 19th century and is famous for painting prominent figures such as George Washington and Andrew Jackson.

Judicial Branch

: The judicial branch interprets laws and administers justice according to those interpretations. It consists primarily of courts, including Supreme Court at its apex.

Patrick Henry

: Patrick Henry was an American attorney, planter, politician, and orator best known for his declaration to the Second Virginia Convention (1775): "Give me liberty or give me death!"

Preamble

: The introductory part of a statute or deed, stating its purpose, aims, and justification.

President

: The president is the head of state and head of government of the United States, indirectly elected to a four-year term by the people through the Electoral College.

Publius (pseudonym for authors of Federalist Papers)

: "Publius" was the collective pseudonym used by Hamilton, Madison, and Jay when they published the Federalist Papers. It's derived from Publius Valerius Publicola, an early supporter of the Roman Republic.

Ratification Process

: The ratification process is the method by which an agreement, treaty, or constitution is officially recognized and approved by a governing body. In the context of U.S. history, it often refers to the approval of the U.S. Constitution by state conventions.

Rhode Island

: Founded by Roger Williams in 1636 as a refuge for religious dissenters from Massachusetts Bay Colony, Rhode Island became one of the original thirteen colonies. It's known for being the first to declare independence from Britain.

Sam Adams

: Sam Adams was an American statesman, political philosopher, and one of the Founding Fathers who played a vital role in organizing the Boston Tea Party.

The Constitution

: The Constitution is the supreme law of the United States, drafted at the Constitutional Convention in 1787. It outlines the structure of government, delineates rights and freedoms of citizens, and provides checks and balances among different branches of government.

The Delegates

: The Delegates refers to the representatives from each of the thirteen colonies who attended the Constitutional Convention in 1787. They were responsible for drafting and signing the United States Constitution.

Thomas Jefferson

: Thomas Jefferson was an American Founding Father who served as the third President of the United States (1801–1809). He is also known for writing the Declaration of Independence.

Thomas Paine

: Thomas Paine was an English-born American political activist, philosopher, political theorist who wrote influential pamphlets at the start of American Revolution including "Common Sense".

United States Senate

: The United States Senate is one of two chambers of the U.S. Congress, composed of two senators from each state, serving six-year terms.

Virginia Plan

: A proposal by Virginia delegates for a bicameral legislative branch during the Constitutional Convention in 1787. It proposed representation based on population or financial contributions by each state.

3.9 The Constitution

7 min readjanuary 11, 2023

J

James Glackin

Dalia Savy

Dalia Savy

J

James Glackin

Dalia Savy

Dalia Savy

The Delegates

Who was responsible for creating ? Twelve states sent delegates, with being absent. Fifty-five white males were appointed by their state legislatures. All of these men owned property and came from a wealthier class.

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2FMadison_1816.jpg?alt=media&token=fb7aec7e-6e24-411b-b1ec-9ad224c6406d

James Madison was a central figure in the reconfiguration of the national government. Madison’s Virginia Plan was a guiding document in the formation of a new government under the Constitution. John Vanderlyn, Portrait of James Madison, 1816. Wikimedia.

called these men “demigods.”  Many of these highly respected men were lawyers and had experience in creating state constitutions. had spent years studying world history, Enlightenment texts, and political writings and used that information for a plan for the new Constitution. As a result, he is often given the title “Father of ”. 

was elected as the chairman. , , and all played key roles. Notable absentees were , , , and . None of these men came from the poorer masses.

After several debates at the , was finished on September 17, 1787, and then sent to the states for ratification.

👉 Not sure how the Constitution came to be and the different plans for representation in Congress? Be sure to check out the last study guide about the Constitutional Convention before moving forward.

Ratification

In order for the United States Constitution to go into effect, nine of the thirteen states had to ratify it; this would prove to be difficult. Each state held special elections to choose representatives, known as ratifiers, who would be responsible for voting on whether or not to ratify . The took place between 1787 and 1788.

The ratifiers were divided into two main groups: and .

  • were in favor of ratifying and believed that a stronger national government was necessary to address the problems facing the country under the Articles of Confederation. They argued that would provide the needed stronger central government that would be better able to regulate commerce, provide for the common defense, and protect individual rights. They were often propertied men who did not believe in states' rights.

  • , on the other hand, were opposed to ratifying . They believed that would create a powerful national government that would threaten the rights and sovereignty of the states. They also worried that did not include a to protect individual liberties and that it would lead to an oppressive government. were largely rural farmers.

For a visual explanation of the differences between the two:

FederalistAnti-Federalist
Leaders, , John Jay, Samuel Adams, John Hancock
StanceThe Articles of Confederation is weak; favored stronger central governmentLiked elements of the Articles; favored weak central government and stronger state governments
About ThemMostly wealthy property ownersMostly small farmers, shopkeepers, laborers
SupportsStrong national government threatened rights of the common people
Powers of central government need to be strengthened to protect the nation on a global scale and solve domestic problemsConstitution lacked
Strong national government over uncooperative statesArgued against 2/3 ratification
Men of talent should rule; feared mobocracyOpposed omitting God
National government should protect rightsCreated a strong executive similar to monarchy
would protect against abuses

The Federalist Papers

The are a series of 85 essays written by , , and John Jay to promote the ratification of the United States Constitution. They were published in various New York newspapers under the pseudonym "Publius" between October 1787 and August 1788. The essays explained the features of the proposed Constitution and sought to persuade the citizens of New York to ratify it.

The Bill of Rights

Some states ratified it quickly and unanimously, while others took longer and the ratification was passed by a close vote. Delaware was the first state to ratify it in December of 1787, and Pennsylvania soon followed.

Massachusetts ratified only after the promise of a to ensure the preservation of individual liberties. The helped tipped the balance because it satisfied the ' concern that a federal government could infringe on citizens' rights. It specifically enumerated certain individual rights and protections, such as freedom of speech and religion, protection against self-incrimination, and the right to a fair trial, among others. In the end, was ratified by nine states, the required number of states to make it official. was the last to ratify it in May of 1790. If you take a look at the dates, it really took a long time for the Consitution to become ratified and official.

What is in the Constitution?  

A brand new structure was put in place. The United States Constitution became the supreme law of the United States and consists of a and seven articles that embody the fundamental principles of the American political system. It lays out the structure and function of the federal government, and it establishes the rights and freedoms of American citizens. The main staple was the three branches of government. Each branch had significant power but still had limits that could be checked by the other two branches.

  • The sets out the purpose and goals of and establishes the "We the people" as the source of 's authority.

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2F-WgrYb20j217q.png?alt=media&token=45e611e3-64a0-4f4b-a317-8c94bbc5f543

Image Courtesy of Harvard Law School

  • The first article establishes the legislative branch of government, which is made up of . It lays out the organization and powers of , and it explains how laws are made.

    • could collect taxes and regulate foreign and domestic trade.

  • The second article establishes the , which is headed by the . It lays out the qualifications for being , the powers of the , and the procedures for electing and removing the .

    • The was commander in chief of the military, had veto power over laws, and appointed judges for life.

  • The third article establishes the of government, which is made up of the . It lays out the organization and jurisdiction of the , and it explains the process by which federal judges are appointed.

  • The fourth, fifth, sixth, and seventh articles establish the relationship between the federal government and the states and the rights of citizens and protection against the Government. It covers issues such as the rights of citizens, the process for amending , the procedures for federal and state elections, and the process for impeaching federal officials.

    • was much easier to amend than the Articles!

  • The , the first ten amendments, were added after its ratification as an addition to the main document which guarantees the protection of citizens' rights, freedom of speech, religion, press, and other rights.

Safeguards Placed

The following is a bit of a review, but it is important to note as the framers of had a lot in mind when setting the foundation for the newly established United States of America.

The framers of were concerned about the potential for "mob rule," or the tyranny of the majority, in which the rights and interests of minority groups could be overlooked or trampled upon by the will of the majority. They sought to create a system of government that would be representative of the people's will but would also be able to protect the rights of individuals and minority groups.

One way that they did this was by creating the as a means of electing the , rather than directly electing the by popular vote. Under this system, each state is allotted a number of electors based on its representation in , and the candidate who receives a majority of electoral votes (270 or more) becomes . This system was intended to prevent a from being elected solely by a majority in the large states and to prevent candidates with broad but shallow support, who would not have enough majority support in any particular state.

Additionally, the , which is one of the two chambers of , was created to be composed of two Senators from each state, regardless of the population of that state, and Senators were indirectly elected by the state legislature, this was to ensure the protection of the interests of small states, which might otherwise be overlooked by a dominated by the larger states.

also establishes an elaborate system of between the three branches of government, and the as an addition, to prevent any one branch from becoming too powerful and to ensure that the rights of individuals and minority groups are protected.

Key Terms to Review (30)

Alexander Hamilton

: Alexander Hamilton was a Founding Father, first Secretary of the Treasury (1789–1795), and influential interpreter of the U.S. Constitution.

Alexander Hamilton, James Madison, John Jay (as authors of Federalist Papers)

: These three men were key figures during America's early years who collaborated on writing The Federalist Papers to support ratification of U.S. Constitution.

Antifederalists

: Antifederalists were a group of individuals in early U.S. history who opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution.

Ben Franklin

: Benjamin Franklin was one of America's Founding Fathers, known for his contributions as an inventor, writer, scientist, statesman, and diplomat.

Bill of Rights

: The first ten amendments to the US Constitution, ratified in 1791, that outline and guarantee certain individual rights and freedoms.

Checks and Balances

: This is a system in the U.S. government where each branch (executive, legislative, judicial) has powers that can limit or check the powers of the other branches to prevent any one branch from becoming too powerful.

Congress

: The national legislative body of U.S., consisting of two houses: Senate and House of Representatives.

Constitutional Convention

: The Constitutional Convention took place in 1787 in Philadelphia, Pennsylvania. It was a meeting where delegates from twelve of the thirteen colonies wrote the United States Constitution.

Electoral College

: The Electoral College is a group of people appointed by each state who formally elect the President and Vice President of the United States.

Executive Branch

: The executive branch is one of the three branches of the U.S. government, responsible for implementing, enforcing, and administering laws. It's headed by the president.

Federal Courts

: The federal courts are the system of courts established by the U.S. Constitution to interpret and apply federal laws, resolve disputes between states, and handle cases involving constitutional rights.

Federalist Papers

: The Federalist Papers are a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius." They were published between 1787 and 1788 to promote the ratification of the United States Constitution.

Federalists

: Federalists were supporters of ratification of U.S Constitution; they believed in strong central government and loose interpretation of Constitution.

George Washington

: George Washington was the first President of the United States (1789-1797) and one of the Founding Fathers. He led America to victory in the Revolutionary War, helping establish the country's independence from Britain.

James Madison

: James Madison was an American statesman, diplomat and Founding Father who served as the fourth President of United States (1809-1817). He is hailed as "Father of Constitution" for his pivotal role in drafting and promoting U.S. Constitution and Bill of Rights.

John Vanderlyn

: John Vanderlyn was an American neoclassical artist known for his portraits and history paintings. He was most active during early 19th century and is famous for painting prominent figures such as George Washington and Andrew Jackson.

Judicial Branch

: The judicial branch interprets laws and administers justice according to those interpretations. It consists primarily of courts, including Supreme Court at its apex.

Patrick Henry

: Patrick Henry was an American attorney, planter, politician, and orator best known for his declaration to the Second Virginia Convention (1775): "Give me liberty or give me death!"

Preamble

: The introductory part of a statute or deed, stating its purpose, aims, and justification.

President

: The president is the head of state and head of government of the United States, indirectly elected to a four-year term by the people through the Electoral College.

Publius (pseudonym for authors of Federalist Papers)

: "Publius" was the collective pseudonym used by Hamilton, Madison, and Jay when they published the Federalist Papers. It's derived from Publius Valerius Publicola, an early supporter of the Roman Republic.

Ratification Process

: The ratification process is the method by which an agreement, treaty, or constitution is officially recognized and approved by a governing body. In the context of U.S. history, it often refers to the approval of the U.S. Constitution by state conventions.

Rhode Island

: Founded by Roger Williams in 1636 as a refuge for religious dissenters from Massachusetts Bay Colony, Rhode Island became one of the original thirteen colonies. It's known for being the first to declare independence from Britain.

Sam Adams

: Sam Adams was an American statesman, political philosopher, and one of the Founding Fathers who played a vital role in organizing the Boston Tea Party.

The Constitution

: The Constitution is the supreme law of the United States, drafted at the Constitutional Convention in 1787. It outlines the structure of government, delineates rights and freedoms of citizens, and provides checks and balances among different branches of government.

The Delegates

: The Delegates refers to the representatives from each of the thirteen colonies who attended the Constitutional Convention in 1787. They were responsible for drafting and signing the United States Constitution.

Thomas Jefferson

: Thomas Jefferson was an American Founding Father who served as the third President of the United States (1801–1809). He is also known for writing the Declaration of Independence.

Thomas Paine

: Thomas Paine was an English-born American political activist, philosopher, political theorist who wrote influential pamphlets at the start of American Revolution including "Common Sense".

United States Senate

: The United States Senate is one of two chambers of the U.S. Congress, composed of two senators from each state, serving six-year terms.

Virginia Plan

: A proposal by Virginia delegates for a bicameral legislative branch during the Constitutional Convention in 1787. It proposed representation based on population or financial contributions by each state.


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AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.


© 2024 Fiveable Inc. All rights reserved.

AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.