The Constitution
Before the Constitution
- 1775 Fighting began between the colonies and Great Britain
- 1776 The Declaration of Independence was written
- 1777 The Articles of Confederation were written (fully ratified in 1781)
- 1783 The American Revolutionary War officially ended
- 1789 The U.S. Constitution replaced the Articles of Confederation
The Articles of Confederation created a confederation, a government of loosely organized independent states. The national government under the Articles of Confederation consisted of a single legislative body, called the Congress of the United States. The national government had limited powers under the Articles of Confederation. For example, the central government could not levy taxes or regulate commerce. Additionally, there was not an executive or judicial branch of government under the Articles.
Because the government under the Articles of Confederation did not have enough power, problems began to emerge.
- States were printing their own money in violation of national law.
- States were conducting foreign trade negotiations in violation of national law.
- States were organizing their own armed forces.
These events led to a meeting in Philadelphia in 1787. This meeting has come to be known as the Constitutional Convention.
The Constitutional Convention
T
hese events led to a meeting in Philadelphia in 1787. This meeting has come to be known as the Constitutional Convention. Twelve of the thirteen states sent delegates to the convention (all but Rhode Island).
The original intent of the Constitutional Convention was to discuss the emerging problems in the new nation, and make changes to the Articles of Confederation to address those problems. Very quickly however, the delegates determined to set the Articles of Confederation aside and start fresh. The result of their work was the Constitution of the United States.
The Constitution created the 3 branches of government:
- The Legislative Branch to make the laws. Congress is made up of two houses, the Senate and the House of Representatives.
- The Executive Branch to enforce the laws.
- The Judicial Branch to interpret the laws.
- Limited Government - The principle that the power of the government is limited by the Constitution; a system of government in which the government is given only the powers specifically listed in written documents.
- Separation of Powers - There are three branches of government, each with its own powers and duties.
- Checks and Balances - Each branch checks the powers of the other two branches.
- Federalism - Power is divided between the federal government and the state governments.
The U.S. Constitution
Article I
Outlines the powers and limits of the Legislative Branch- The legislature, called Congress, is made up of the Senate and the House of Representatives
- The basic function of the legislature is to make the laws of our nation
Article II
Outlines the powers and limits of the Executive Branch- The executive power of the nation is held by the President of the United States and the various executive departments and agencies under his or her direct control
- A major function of the executive branch is to enforce the laws of the nation
Article III
Outlines the powers of the Judicial Branch- Article III establishes one Supreme Court of the United States
- Article III explains the jurisdiction of the federal courts, listing the kinds of cases they will hear
- Article III also provides a method for Congress to create new courts, under the Supreme Court, as needed.
Article IV
Outlines the relationship between the national government and the state governments, and of the states to other states.Article V
Outlines the amendment process. This describes how to change the Constitution if need be.Article VI
Affirms the supremacy of the Constitution and national laws.Article VII
Explains the process which must be taken to ratify the Constitution.Amendments 1-10
Called The Bill of Rights.- Added in 1791
- Detail what are commonly referred to as our basic civil liberties
Learn More About the Great Compromise
It took four long months of debate for the framers to create the Constitution. As the framers worked, different plans and suggestions were made. The states with smaller populations supported the New Jersey Plan which sought equal representation among all states, and which added an executive and judicial branch, while giving the government power to tax and regulate trade. The larger states sought to have representation in the new government based on population. They created the Virginia Plan, which did this, and which not only created three branches of government, but also gave the government much more power than under the Articles. The result of all this debate was the Great Compromise, which resulted in the Constitution we know today. It solved the representation squabble by creating a bicameral legislature, called Congress, in which the lower house (called the House of Representatives) had representation based on population, and an upper house (called the Senate) had equal representation by states (2 Senators representing each state). An executive branch was created, headed by a President to be elected by the people (and an electoral college). A judicial branch was also added, with one Supreme Court, whose members were to be chosen by the chief executive and confirmed by the Senate. The new government was given the right to tax, to regulate trade and make national laws. It was much more powerful than the national government had been under the Articles of Confederation. The framers finished their work on the Constitution in September of 1787.
The Constitution
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To understand the role of the federal courts in interpreting the U.S. Constitution, it’s important to understand what a law is, and where our laws come from. This page defines law, and the rule of law and provides provides historical background on the creation of the Constitution, and the three branches of government.
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