AP US History
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3.9 The Constitution
Verified for the 2025 AP US History exam•Last Updated on June 18, 2024
The United States Constitution established a new framework of government that addressed the weaknesses of the Articles of Confederation while creating a federal system that balanced national authority with state sovereignty. This document has served as the foundation of American government since its ratification in 1788.
The Delegates
The Constitutional Convention brought together some of the most influential political thinkers in the new nation:
- 55 delegates from 12 states participated (Rhode Island did not send representatives)
- All delegates were white property-owning men of considerable wealth and education
- Many had legal training and experience with state constitutions
- Thomas Jefferson called these men "demigods" for their intellectual abilities
Key figures at the Convention included:
- George Washington, who presided as chairman
- James Madison, often called the "Father of the Constitution" for his extensive preparation and influential ideas
- Benjamin Franklin, who lent his wisdom and reputation to the proceedings
- Alexander Hamilton, who advocated for a strong central government
Notable absences included Thomas Jefferson, Patrick Henry, Sam Adams, and Thomas Paine, who were either abroad or chose not to participate.
Constitutional Structure and Principles
The Constitution created a government structured around several key principles:
Federalism
- Power divided between national government and state governments
- Reserved certain powers for the federal government
- States retained powers not specifically granted to the federal government
- Created a system where citizens are governed by both state and federal laws
Separation of Powers
The Constitution divided the federal government into three co-equal branches:
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🖋️ Legislative Branch (Article I)
- Congress consists of a bicameral legislature (Senate and House of Representatives)
- Senate: Two senators per state regardless of population (originally chosen by state legislatures)
- House of Representatives: Members apportioned by state population
- Powers include: collecting taxes, regulating commerce, declaring war, and making laws
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🎖️ Executive Branch (Article II)
- President serves as head of state and commander-in-chief of the military
- Powers include: enforcing laws, appointing judges and officials, negotiating treaties, vetoing legislation
- President elected through the Electoral College system
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⚖️ Judicial Branch (Article III)
- Supreme Court and lower federal courts
- Federal judges appointed by the President and confirmed by the Senate
- Judges serve lifetime appointments to ensure independence
- Powers include: interpreting laws and determining their constitutionality
Checks and Balances
Each branch has powers to limit and check the other branches:
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Legislative checks on Executive:
- Override presidential vetoes (2/3 majority)
- Impeach and remove the president
- Senate confirms executive appointments and treaties
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Legislative checks on Judicial:
- Senate confirms federal judges
- Congress can impeach and remove judges
- Congress can propose constitutional amendments to overturn court decisions
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Executive checks on Legislative:
- President can veto legislation
- President can call special sessions of Congress
- Vice President breaks ties in the Senate
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Executive checks on Judicial:
- President appoints federal judges
- President can pardon those convicted in federal courts
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Judicial checks on Legislative:
- Courts can declare laws unconstitutional
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Judicial checks on Executive:
- Courts can declare executive actions unconstitutional
The Ratification Process
After the Constitution was completed on September 17, 1787, it was sent to the states for ratification:
- Nine of thirteen states needed to ratify for the Constitution to take effect
- Special elections were held in each state to select ratification delegates
- The ratification process sparked intense debates about the proper structure of government
Federalists vs. Anti-Federalists
| Federalists | Anti-Federalists |
|---|---|
| Supported the Constitution | Opposed the Constitution as written |
| Led by Alexander Hamilton, James Madison, John Jay | Led by Patrick Henry, Samuel Adams, John Hancock |
| Believed a stronger central government was necessary | Favored stronger state governments |
| Primarily urban, commercial, and wealthy interests | Primarily rural farmers and laborers |
| Authored the Federalist Papers to advocate ratification | Warned about threats to individual liberties |
| Argued checks and balances would prevent tyranny | Demanded a Bill of Rights to protect citizens |
The Federalist Papers
- Series of 85 essays written by Hamilton, Madison, and Jay
- Published under the pseudonym "Publius"
- Explained and defended the Constitution's principles and structures
- Particularly influential in New York's ratification debate
- Federalist No. 10 (Madison) argued that a large republic could control factions
- Federalist No. 51 (Madison) defended the system of checks and balances
The Bill of Rights
The Anti-Federalists raised significant concerns about the Constitution's lack of explicit protections for individual rights. To secure ratification in key states:
- Federalists promised to add a Bill of Rights after ratification
- Massachusetts and several other states ratified with the understanding that amendments would follow
- The first Congress drafted and approved 12 amendments in 1789
- Ten of these were ratified by the states and became the Bill of Rights in 1791
The Bill of Rights includes protections for:
- Freedom of religion, speech, press, assembly, and petition (First Amendment)
- Right to bear arms (Second Amendment)
- Protection against quartering of soldiers (Third Amendment)
- Protection against unreasonable searches and seizures (Fourth Amendment)
- Due process rights and protection against self-incrimination (Fifth Amendment)
- Right to a fair and speedy trial (Sixth Amendment)
- Right to trial by jury in civil cases (Seventh Amendment)
- Protection against excessive bail and cruel punishment (Eighth Amendment)
- Other rights not specified (Ninth Amendment)
- Powers reserved to states or people (Tenth Amendment)
A Limited But Dynamic Government
The Constitution created a government with specific, enumerated powers:
- The federal government could only exercise powers explicitly granted by the Constitution
- Amendment process allowed for adaptation to changing circumstances
- Article V outlined a process requiring broad consensus for amendments
- Much easier to amend than the Articles of Confederation
Protecting Against Mob Rule
The framers designed the Constitution to balance democratic principles with protections against what they called "mob rule" or tyranny of the majority:
- Electoral College for presidential elections rather than direct popular vote
- Senate with equal representation for all states regardless of population
- Initially, only the House of Representatives was directly elected by the people
- Judicial review (later established) allowed courts to protect minority rights
- Supermajority requirements for certain actions (amendments, treaty ratification)
Legacy of the Constitution
The United States Constitution has had a profound and lasting influence:
- Longest-running written constitution in the world
- Established a durable framework for democratic governance
- Created a flexible system that has adapted to changing times through amendment and interpretation
- Served as a model for numerous other nations' constitutions
- Provided stability while allowing for gradual evolution of American democracy
👉 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.
Key Terms to Review (30)
Alexander Hamilton, James Madison, John Jay (as authors of Federalist Papers): Alexander Hamilton, James Madison, and John Jay were key figures in the drafting and promotion of the United States Constitution through their collaborative writing of the Federalist Papers. This series of 85 essays was written to advocate for the ratification of the Constitution, addressing concerns about governance and the balance of power between state and federal authorities. Their work played a crucial role in shaping American political philosophy and clarifying the intentions behind the Constitution.
Alexander Hamilton: Alexander Hamilton was a Founding Father and the first Secretary of the Treasury of the United States, who played a crucial role in shaping the financial system and political landscape of the new republic. His vision for a strong central government, economic development, and a national bank laid the groundwork for modern American fiscal policy and the emergence of political factions.
Antifederalists: Antifederalists were a group of individuals who opposed the ratification of the United States Constitution in 1787-1788, fearing that it would create a strong central government that threatened individual liberties and state sovereignty. They believed in a decentralized political system and were concerned that the Constitution lacked a Bill of Rights to protect citizens' freedoms. Their debates with Federalists highlighted critical issues about the balance of power between national and state governments.
Ben Franklin: Ben Franklin was a Founding Father of the United States, renowned for his contributions as a statesman, inventor, and philosopher. He played a crucial role in various key events, including advocating for colonial unity during conflicts with Britain and contributing to the ideological foundations of the American Revolution through Enlightenment thought. His influence extended into the drafting of the Constitution, where he was instrumental in fostering compromise among differing viewpoints.
Bill of Rights: The Bill of Rights is the first ten amendments to the United States Constitution, ratified in 1791, which outline and guarantee fundamental rights and freedoms for individuals. It was created to address the concerns of Anti-Federalists who feared that a strong central government would infringe upon personal liberties, thus playing a crucial role in shaping the new republic's identity and the relationship between citizens and their government.
Checks and Balances: Checks and balances is a system designed to prevent any one branch of government from becoming too powerful by allowing each branch to limit the powers of the others. This principle ensures that the legislative, executive, and judicial branches operate within their own spheres while providing oversight and accountability to maintain a balance of power. By incorporating checks and balances, the framers aimed to safeguard against tyranny and protect individual liberties.
Congress: Congress is the legislative branch of the United States federal government, consisting of two chambers: the House of Representatives and the Senate. It is responsible for making laws, overseeing the federal budget, and representing the interests of citizens at the national level.
Constitutional Convention: The Constitutional Convention was a gathering of delegates in 1787 aimed at addressing the weaknesses of the Articles of Confederation and creating a new framework for the U.S. government. It resulted in the drafting of the U.S. Constitution, which established a stronger federal government and included debates over representation, federalism, and the balance of power. The convention's outcomes sparked intense discussions about the ratification process and the need for a Bill of Rights.
Electoral College: The Electoral College is a body of representatives established by the Constitution, which formally elects the President and Vice President of the United States. Each state has a certain number of electors based on its population and congressional representation, and the candidate who receives a majority of electoral votes—270 out of 538—wins the presidency. This system reflects the compromises made during the founding of the nation, balancing the influence of populous states with smaller states and ensuring that all regions have a voice in presidential elections.
Executive Branch: The Executive Branch is one of the three main branches of government, responsible for enforcing and administering laws. Headed by the President, this branch plays a crucial role in shaping national policies, conducting foreign relations, and ensuring that laws passed by the legislative branch are implemented effectively.
Federal Courts: Federal courts are the judicial institutions established by the U.S. Constitution and federal laws, tasked with interpreting and applying federal law. They operate separately from state courts and have jurisdiction over cases involving federal statutes, disputes between states, and issues involving ambassadors and other diplomats. Federal courts ensure that the Constitution is upheld and that federal law is consistently interpreted across the nation.
Federalists: Federalists were supporters of a strong national government who advocated for the ratification of the U.S. Constitution in the late 18th century. They believed that a centralized government was essential for maintaining order and ensuring the country's survival, which shaped early American political debates and influenced the formation of political parties.
Federalist Papers: The Federalist Papers are a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution. These essays aimed to explain and defend the principles underlying the new Constitution while addressing concerns about the balance of power between the federal government and the states.
George Washington: George Washington was the first President of the United States and a central figure in the founding of the nation. He played a pivotal role in leading the American colonies to victory during the American Revolution and set key precedents for the presidency and the new government.
Judicial Branch: The Judicial Branch is one of the three branches of government established by the Constitution, responsible for interpreting laws, administering justice, and ensuring the rule of law. It acts as a check on the powers of the legislative and executive branches by reviewing the constitutionality of laws and government actions. Through this system, it upholds individual rights and liberties as guaranteed by the Constitution.
James Madison: James Madison was the fourth President of the United States and a key founding father, known as the 'Father of the Constitution' for his pivotal role in drafting and promoting the U.S. Constitution and the Bill of Rights. His contributions were essential in shaping the new republic, advocating for a strong central government while balancing the rights of states and individuals.
John Vanderlyn: John Vanderlyn was an American painter and a prominent figure in the early 19th century art scene, best known for his large-scale historical and allegorical paintings. His work is significant as it reflects the cultural aspirations of the United States during a time when the nation was establishing its identity and values following the adoption of the Constitution.
Patrick Henry: Patrick Henry was a prominent American revolutionary leader and orator known for his powerful speeches advocating for colonial rights and independence from British rule. His famous declaration, 'Give me liberty, or give me death!' during the Second Virginia Convention in 1775 encapsulated the fervent desire for freedom that characterized the early American resistance to British oppression.
President: The President is the head of state and government in the United States, responsible for enforcing laws, conducting foreign policy, and serving as the commander-in-chief of the armed forces. This role has evolved significantly over time, reflecting changes in the political landscape, government structure, and societal expectations.
Preamble: The Preamble is the introductory statement to the United States Constitution that outlines the fundamental purposes and guiding principles of the document. It serves as a concise summary of the Constitution's intentions, emphasizing the importance of unity, justice, and the promotion of general welfare.
Publius (pseudonym for authors of Federalist Papers): Publius is the pseudonym used by the authors of the Federalist Papers, a collection of 85 articles and essays advocating for the ratification of the United States Constitution. This name, chosen to honor Publius Valerius Publicola, a Roman statesman, reflects the writers' intent to support a strong federal government while promoting the principles of democracy and republicanism.
Ratification Process: The ratification process refers to the formal approval of the Constitution by the states, requiring a minimum of nine out of thirteen states to agree for it to take effect. This process highlights the transition from the Articles of Confederation, which required unanimous consent for amendments, to a more flexible framework allowing for majority rule. The debates surrounding this process showcased differing perspectives on federalism, representation, and the balance of power, leading to significant discussions at the Constitutional Convention.
Rhode Island: Rhode Island is one of the original thirteen colonies established in North America, known for its strong commitment to religious freedom and individual rights. Founded by dissenters from the Massachusetts Bay Colony in the 1630s, it became a haven for those seeking refuge from religious persecution, setting a precedent for the separation of church and state that influenced later governance.
Sam Adams: Sam Adams was a prominent American revolutionary leader and one of the Founding Fathers of the United States, known for his role in organizing resistance against British taxation and his involvement in the early push for independence. His efforts helped galvanize public opinion against British rule and laid the groundwork for the eventual adoption of the Constitution.
The Constitution: The Constitution is the supreme law of the United States, established in 1787, that outlines the national framework of government. It defines the structure, powers, and limitations of government institutions while ensuring the protection of individual rights through its amendments. The Constitution serves as a foundational document that has guided the political and legal development of the nation, reflecting the principles of federalism, separation of powers, and checks and balances.
The Delegates: The delegates were representatives chosen from each of the thirteen American colonies who convened at the Constitutional Convention in 1787 to draft a new framework for government. These individuals played a crucial role in shaping the Constitution, debating various proposals, and balancing the interests of different states and factions. Their discussions and compromises laid the foundation for the U.S. government as we know it today.
Thomas Paine: Thomas Paine was a political activist, philosopher, and writer whose works, particularly 'Common Sense' and 'The Crisis,' were crucial in galvanizing public opinion in favor of American independence during the Revolutionary War. His writings articulated Enlightenment ideals and advocated for democracy, individual rights, and the rejection of monarchical rule, which resonated deeply with the colonists' growing desire for independence from British rule.
Thomas Jefferson: Thomas Jefferson was the third President of the United States and a principal author of the Declaration of Independence, known for his strong advocacy of individual liberties and democratic principles. His beliefs shaped the foundation of American democracy and influenced the nation’s early development through his presidency and political philosophies.
United States Senate: The United States Senate is one of the two chambers of the United States Congress, responsible for making federal laws and representing the states. Each state has two senators, regardless of population size, which ensures equal representation for all states in the legislative process. The Senate also holds unique powers such as confirming presidential appointments and ratifying treaties.
Virginia Plan: The Virginia Plan was a proposal presented at the Constitutional Convention in 1787 that outlined a framework for a strong national government with a bicameral legislature, where representation would be based on population. This plan aimed to address the weaknesses of the Articles of Confederation by ensuring a more centralized and effective governmental structure, emphasizing larger states' interests over smaller ones.