3.9 The Constitution

The Constitutional Convention (Philadelphia, 1787) was a meeting of 55 delegates (like James Madison and Alexander Hamilton) called to fix the weak national government under the Articles of Confederation. Instead of just revising the Articles, delegates debated competing plans (Virginia Plan vs. New Jersey Plan) and negotiated major compromises—the Great Compromise (bicameral Congress) and the Three-Fifths Compromise—creating a stronger but limited central government that used federalism, separation of powers, and checks and balances. The Convention produced the Constitution; then states debated ratification (Federalists used the Federalist Papers; Anti-Federalists demanded protections that became the Bill of Rights). For AP purposes, focus on how negotiation and compromise created a dynamic national structure and shifted functions of government (CED Learning Objective J). Review the Topic 3.9 study guide for summaries and documents (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and try practice questions (https://library.fiveable.me/practice/ap-us-history) to prep.

The Articles of Confederation failed because they created a too-weak national government. Under the Articles Congress had no power to tax, regulate interstate or foreign commerce, or enforce laws; it was a single-chamber legislature with limited authority. That meant the federal government couldn’t pay debts, raise a reliable army, or compel states to cooperate—problems exposed by economic chaos and uprisings like Shays’ Rebellion. Internationally, the U.S. looked unstable and couldn’t protect its interests. Those failures prompted delegates to meet at the Constitutional Convention and draft a new framework with stronger federal powers, separation of powers, checks and balances, and federalism—while still protecting state roles (resulting compromises led to the Bill of Rights and the Federalist/Anti-Federalist debates). For AP review, see the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and try practice questions (https://library.fiveable.me/practice/ap-us-history).

They didn’t literally compromise on “everything,” but delegates used negotiation to blend competing plans into a workable Constitution. Big states backed the Virginia Plan (representation by population); small states pushed the New Jersey Plan (equal representation). The Great Compromise (Connecticut Compromise) merged them: a bicameral Congress with the House by population and the Senate with equal state votes. Delegates also struck the Three-Fifths Compromise to count enslaved people partially for representation and taxes—a political bargain to get Southern states to join. Other deals created federalism (shared state/federal power) and separation of powers with checks and balances so no branch could dominate. Compromise often meant trading policy wins: one region accepted limits in one area to secure gains in another. For exam review, focus on those specific plans and compromises and how they reflect themes in the CED (federalism, separation of powers). Review the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and practice questions (https://library.fiveable.me/practice/ap-us-history).

Federalism and separation of powers are related but different ideas in the Constitution. Federalism divides authority between national and state governments—some powers are delegated to the federal government (like regulating interstate commerce, raising an army), others are reserved to states (education, local police). Separation of powers splits the national government itself into three branches—legislative (Congress makes laws), executive (president enforces laws), and judicial (courts interpret laws). The Framers used both to limit central power and prevent tyranny; checks and balances let each branch check the others. For APUSH, you should be able to name examples (e.g., Commerce Clause → federal power; Tenth Amendment → state power; Congress passes laws vs. presidential veto vs. judicial review) and explain how these ideas changed government from the Articles (CED Topic 3.9). Review the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and practice questions (https://library.fiveable.me/practice/ap-us-history).

The Constitution set up three branches to keep power balanced: legislative (Congress), executive (the president), and judicial (Supreme Court and lower courts). Congress makes laws, controls spending, can declare war, and the Senate/House reflect the Great Compromise (Senate = equal, House = population). The president enforces laws, manages foreign policy, and heads the military. The courts interpret laws and can rule laws or actions unconstitutional (judicial review). That separation of powers plus checks and balances means each branch can limit the others—e.g., president can veto bills, Congress can override vetoes and impeach, Senate confirms appointments, and courts can strike down laws. This design created a stronger federal government than under the Articles while protecting against one branch becoming too powerful (CED keywords: separation of powers, checks and balances, federalism). For more detail, see the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and try practice questions (https://library.fiveable.me/practice/ap-us-history).

“Limited but dynamic” means the Constitution set clear limits on government power while building in ways for that power to adapt and grow. Limited: it replaced the weak Articles of Confederation with a stronger national government whose powers are enumerated (tax, regulate commerce, raise an army)—but federalism and reserved powers kept states important. Dynamic: separation of powers and checks and balances (Congress, president, courts) let branches respond, bargain, and expand roles over time (think Hamilton’s financial plan, judicial review, or the Bill of Rights added after ratification). The Founders used compromise (Great Compromise, Three-Fifths) so the system could function and change through laws, precedent, and amendments rather than sudden overhaul. For AP purposes, connect this idea to Learning Objective J: explain how structure (federalism, separation of powers) both continued and changed government functions after ratification. Review Topic 3.9 (study guide: https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and practice questions (https://library.fiveable.me/practice/ap-us-history).

The Convention produced several key compromises that let delegates create a workable Constitution (KC-3.2.II.C.ii). Major ones: - Great Compromise (Connecticut Compromise): bicameral Congress—House by population (VA Plan) and Senate with equal representation (NJ Plan). - Three-Fifths Compromise: each enslaved person counted as 3/5 of a person for representation and taxation, linking power in the House to slavery. - Commerce and Slave Trade Compromise: Congress could regulate interstate and international commerce and levy tariffs, but couldn’t ban the international slave trade until 1808. - Electoral College compromise: indirect presidential election as a middle ground between Congress choosing the president and direct popular vote. - Ratification/Bill of Rights bargain: Federalists agreed to add a Bill of Rights to secure support from Anti-Federalists. These are tested under Topic 3.9 (Learning Objective J). For a quick review, see the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and practice questions (https://library.fiveable.me/practice/ap-us-history).

Start your DBQ with a one-sentence thesis that answers the prompt and sets a line of reasoning (e.g., the Constitution changed the federal government by strengthening central power, creating separation of powers, and embedding federalism, while preserving some state authority). Quickly contextualize: mention weaknesses under the Articles (no taxing power, Shay’s Rebellion) that led delegates to the Constitutional Convention (CED keywords: Articles of Confederation, Constitutional Convention, Federalism). During the 15-minute reading period, group the documents into 2–3 analytical buckets (political structure, checks & balances, ratification debates). Use at least four documents to support your argument, explicitly describe their content, and for two documents explain POV/purpose/audience (sourcing). Add one specific outside fact (Whiskey Rebellion, Federalist Papers, Bill of Rights) as extra evidence. End by showing complexity—acknowledge continuity (state power remained) or Anti-Federalist concerns. For the Topic 3.9 study guide see (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq). For more practice, try the 1000+ questions (https://library.fiveable.me/practice/ap-us-history).

Same: The new Constitution kept the basic republican form of government and the idea that states and people—not a king—held ultimate authority. It also preserved a national legislature (Congress) and continued some practices from the Confederation era, like state control over many local matters—so significant state power remained. Those continuities matter for AP prompts asking about continuity and change (CED LO J). Changed: The Constitution created a stronger, more “dynamic” central government with federalism, separation of powers, and checks and balances. Key differences: a single executive (president), an independent judiciary, a bicameral Congress from the Great Compromise (House by population, Senate equal state representation), and federal power to tax and regulate interstate/foreign commerce. Slavery compromises (Three-Fifths) and a process for amendment/ratification also institutionalized new national authority. These shifts—stronger federal fiscal, diplomatic, and military capacity—are the core changes you should cite on LEQs or short answers. For review, see the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and practice questions (https://library.fiveable.me/practice/ap-us-history).

Many states feared a strong central government because of recent experience with centralized British power and because the Articles of Confederation’s weakness made state sovereignty the norm. Anti-Federalists worried a powerful national government would crush local rights, tax heavily, or ignore liberty. They ratified the Constitution after key compromises and protections reduced those fears: federalism and enumerated powers limited what the national government could do; separation of powers and checks and balances prevented any one branch from dominating; the Great Compromise balanced large and small states; promises to add a Bill of Rights won crucial support; and clauses on commerce and slavery (e.g., Three-Fifths, slave trade compromise) addressed regional concerns. Ratification rules (9 of 13) and Federalist arguments (Federalist Papers) also persuaded enough delegates. For a concise walkthrough tied to Topic 3.9 and Learning Objective J, see the Fiveable study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq). For extra practice, try the AP questions at (https://library.fiveable.me/practice/ap-us-history).

Under the Articles the national government was weak: Congress couldn’t levy taxes or regulate interstate/foreign commerce, there was no independent executive to enforce laws or national judiciary to settle disputes, laws needed supermajority and amendments required unanimous consent, and states acted like rival sovereigns (trade wars, inconsistent currencies). Shays’ Rebellion showed the government couldn’t maintain order. The Constitution fixed these by creating a stronger but limited central government with separation of powers and checks and balances (legislative, executive, judicial), federalism (clear division of state/federal powers), an empowered Congress (taxation, commerce, raise an army), a single executive, and a national judiciary. Compromises (Great Compromise, Three-Fifths) solved representation disputes; the Bill of Rights and an easier amendment process addressed ratification concerns. For quick review, see the AP Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and practice questions (https://library.fiveable.me/practice/ap-us-history).

The Constitution balanced state and federal power by creating federalism: a stronger national government with limited, enumerated powers while reserving other powers to the states. Delegates solved representation with the Great Compromise (bicameral Congress: House by population, Senate with equal state representation). Separation of powers (three branches) plus checks and balances prevented any single level or branch from becoming dominant. Key text: the Supremacy Clause makes national law supreme when constitutional; the Tenth Amendment reserves unspecified powers to states. Compromises (Three-Fifths, Electoral rules) and the ratification fights (Federalist Papers vs. Anti-Federalists) shaped limits and protections—leading to the Bill of Rights to reassure states and citizens. For AP exam you should connect this to Learning Objective J (structure/function changes) and cite examples like the Whiskey Rebellion (federal enforcement) vs. state police powers. Review the Topic 3.9 study guide for concise notes (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq). Want practice MCQs and FRQ prep? Try Fiveable practice problems (https://library.fiveable.me/practice/ap-us-history).

Separation of powers had big, long-term effects: it prevented concentration of authority by dividing government into legislative, executive, and judicial branches and set up checks and balances so each branch could limit the others (reducing risk of tyranny). Over time this produced a stable but often slow-moving system—Congress makes laws, the president enforces them, and the courts interpret them—so policy changes require negotiation or judicial rulings (think judicial review). It also encouraged institutional growth (a professional bureaucracy, an independent judiciary) and political conflict between branches (occasional gridlock), while protecting individual rights through procedural limits. For AP purposes, link this to federalism and the Bill of Rights when answering LEQs or SAQs (CED Topic 3.9, Learning Objective J). For a focused review, see the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and try practice problems (https://library.fiveable.me/practice/ap-us-history).

Negotiation and compromise made the Constitution possible. Delegates arrived with competing plans (Virginia Plan vs. New Jersey Plan) and merged them into the Great Compromise: a bicameral Congress with proportional House representation and equal Senate representation—a key example of federalism balancing state and national power. The Three-Fifths Compromise resolved representation/taxation disputes over enslaved people. Madison, Hamilton, and others wrote the Federalist Papers to defend these compromises; Anti-Federalist concerns about centralized power forced the promise of a Bill of Rights during ratification. Those bargains produced separation of powers and checks and balances (legislative, executive, judicial) to limit government while creating a workable national structure. For AP prep, focus on how compromise shaped structure/functions (CED Learning Objective J) and practice DBQ/LEQ skills using the Topic 3.9 study guide (https://library.fiveable.me/ap-us-history/unit-3/constitution/study-guide/GFXLutGBoLM4MszJCxWq) and extra practice questions (https://library.fiveable.me/practice/ap-us-history).