Unit Overview
The Constitution is a document that came out of many disagreements and compromises. As a result, the United States government is a complicated machine designed to limit the power of individuals and groups of people to prevent any one person or group from gaining too much power. In their effort to limit power and prevent tyranny, the founding fathers created a federalist system which splits powers between the federal and state governments. They also split the power of the federal government between three separate branches, and gave each branch checks over the power of the other two branches.
Because the founders built so many measures to limit powers in the Constitution, simple tasks like passing laws become more complicated and slow-moving. In order to become a law, a bill must pass through several stages of Congress and go on to be signed by the President. Once a bill becomes law, it can be overturned in the process of judicial review.
Because the founders built so many measures to limit powers in the Constitution, simple tasks like passing laws become more complicated and slow-moving. In order to become a law, a bill must pass through several stages of Congress and go on to be signed by the President. Once a bill becomes law, it can be overturned in the process of judicial review.
The Articles of Confederation
After the end of the Revolutionary War, several problems remained unsolved in the newly independent United States of America. The Second Continental Congress was tasked with the challenge of creating a new government that could govern the United States. Delegates had to decide how each state government would function, as well as create a national governing system that would unite each of the former colonies. The first attempt at forming a Democratic Republic was outlined in the Articles of Confederation, which were adopted in November 1777. The Articles addressed some of the problems the new country was facing, but ultimately, the national government that was set up under the Articles was not strong enough to effectively function. These issues were made even more obvious when farmers who could not sell their crops had their farms seized by the government because they couldn’t help the states pay off Revolutionary War debts. Daniel Shays led a group of farmers in an attempted uprising that ended with 4 farmers dead in an event called Shays Rebellion. The Articles of Confederation also failed to address the issue of slavery, which conflicted with the American idea of liberty and self-governing. Some Northern states began to abolish slavery, but it was still an essential element to the southern colonies’ way of life.
A Document of Compromise
In an effort to address the issues with the Articles of Confederation, delegates form all 13 states met with the plan of amending, or editing, the Articles of Confederation to better suit the needs of the new American country. The result of the convention which was originally meant to amend the Articles of Confederation was an entirely new document called the Constitution. The constitution involved several compromises such as The Great Compromise, the Three-Fifths Compromise, putting off a decision about slavery until 1808, and the Bill of Rights.
The Great Compromise
Delegates from Virginia proposed the Virginia Plan. Under the Virginia Plan, Congress would be made up of a bicameral, or two house, legislature. Representation in these houses would proportional to population, which means that states with more people would get more representatives and states with fewer people would get fewer representatives to send to the government. People from large states favored this plan while people from smaller states opposed it. The Virginia Plan also introduced the idea of a chief executive and a court system.
Delegates from smaller states answered with the New Jersey Plan. The New Jersey Plan gave equal representation to every state which would keep a one house legislature that gave every state a single vote. The New Jersey Plan kept a legislature very similar to the one originally set up by the Articles of Confederation, however, it gave Congress the power to tax. It also gave Congress the power to collect taxes. Finally, Congress would elect a weak executive branch made up of more than one person.
Because there were so many changes proposed, the delegates decided to write a completely new document rather than try to amend, or revise the Articles of Confederation. The Compromise that was reached to make both large and small states happy was called the Great Compromise. Under the Compromise, the Legislative Branch of government would be made up of a two house , or bicameral, Congress. In the Senate, representation would be equal, with every states receiving two representatives regardless of the state's population. In the House of Representatives, representation would be proportional, meaning states with larger populations would get more representatives.
The Three-Fifths Compromise
Once it was decided that the House of Representatives would have proportional representation, the question remained about how state populations would be counted. Northern states thought it was fairest to count only free persons while southern states wanted to count slaves as a part of their total population. Counting slaves would give the South an advantage because they had so many more slaves that northern states. AS a result, the delegates compromised with the Three-Fifths Compromise, which decided that all free persons would count as one person and all slaves would count as three-fifths of a person.
The Bill of Rights
One of the main concerns with a new American government was protecting the rights of individual people and individual states. This fear of tyranny was one of the reasons the government under the Articles of Confederation was so weak. The framers saw the need for a stronger central government, but were afraid of the government becoming too powerful. To protect the rights of states and individual citizens, the Bill of Rights was proposed. The Bill of Rights was a set of ten amendments to the Constitution which protected specific rights and liberties of states and individual citizens. The First Amendment, for example, gives us the law that protects the freedom of speech, the freedom of the press, freedom to peacefully assemble, freedom to petition the government, and freedom of religion.
The constitution was ratified, or passed, in 1787 and set up a system of Federalism in the United States. It was the supreme law of the land, meaning all state laws had to abide by the constitution.
The Great Compromise
Delegates from Virginia proposed the Virginia Plan. Under the Virginia Plan, Congress would be made up of a bicameral, or two house, legislature. Representation in these houses would proportional to population, which means that states with more people would get more representatives and states with fewer people would get fewer representatives to send to the government. People from large states favored this plan while people from smaller states opposed it. The Virginia Plan also introduced the idea of a chief executive and a court system.
Delegates from smaller states answered with the New Jersey Plan. The New Jersey Plan gave equal representation to every state which would keep a one house legislature that gave every state a single vote. The New Jersey Plan kept a legislature very similar to the one originally set up by the Articles of Confederation, however, it gave Congress the power to tax. It also gave Congress the power to collect taxes. Finally, Congress would elect a weak executive branch made up of more than one person.
Because there were so many changes proposed, the delegates decided to write a completely new document rather than try to amend, or revise the Articles of Confederation. The Compromise that was reached to make both large and small states happy was called the Great Compromise. Under the Compromise, the Legislative Branch of government would be made up of a two house , or bicameral, Congress. In the Senate, representation would be equal, with every states receiving two representatives regardless of the state's population. In the House of Representatives, representation would be proportional, meaning states with larger populations would get more representatives.
The Three-Fifths Compromise
Once it was decided that the House of Representatives would have proportional representation, the question remained about how state populations would be counted. Northern states thought it was fairest to count only free persons while southern states wanted to count slaves as a part of their total population. Counting slaves would give the South an advantage because they had so many more slaves that northern states. AS a result, the delegates compromised with the Three-Fifths Compromise, which decided that all free persons would count as one person and all slaves would count as three-fifths of a person.
The Bill of Rights
One of the main concerns with a new American government was protecting the rights of individual people and individual states. This fear of tyranny was one of the reasons the government under the Articles of Confederation was so weak. The framers saw the need for a stronger central government, but were afraid of the government becoming too powerful. To protect the rights of states and individual citizens, the Bill of Rights was proposed. The Bill of Rights was a set of ten amendments to the Constitution which protected specific rights and liberties of states and individual citizens. The First Amendment, for example, gives us the law that protects the freedom of speech, the freedom of the press, freedom to peacefully assemble, freedom to petition the government, and freedom of religion.
The constitution was ratified, or passed, in 1787 and set up a system of Federalism in the United States. It was the supreme law of the land, meaning all state laws had to abide by the constitution.
Constitutional Limits on Power
Federalism
Under the Articles of Confederation, state governments held the majority of power while the national government was very weak. This system was chosen because the founders of the country were afraid of giving too much power to a central government. They believed that a strong central government would take powers away from the states and individuals. This system quickly failed because the national government was powerless to take care of is critical issues the new country faced. The founders realized the system needed to be reformed and met in 1786 and 1787 to write the US Constitution.
Under the Constitution, the founders decided to set up a different relationship between the national and state governments. Instead of a weak central governments and strong state governments, they decided to have state and national governments share power. This system is called federalism. In a federalist system, enumerated powers belong only to the national government such as coining money or maintaining the armed forces. Reserved powers are powers that each individual state government has the power to decide such as conducting elections or regulating marriage laws. Some powers are shared by the national and state governments such as taxing citizens and building roads. These are called concurrent powers. The system of Federalism allows each state to have individual powers and autonomy, while still uniting the country under a strong national government.
Under the Articles of Confederation, state governments held the majority of power while the national government was very weak. This system was chosen because the founders of the country were afraid of giving too much power to a central government. They believed that a strong central government would take powers away from the states and individuals. This system quickly failed because the national government was powerless to take care of is critical issues the new country faced. The founders realized the system needed to be reformed and met in 1786 and 1787 to write the US Constitution.
Under the Constitution, the founders decided to set up a different relationship between the national and state governments. Instead of a weak central governments and strong state governments, they decided to have state and national governments share power. This system is called federalism. In a federalist system, enumerated powers belong only to the national government such as coining money or maintaining the armed forces. Reserved powers are powers that each individual state government has the power to decide such as conducting elections or regulating marriage laws. Some powers are shared by the national and state governments such as taxing citizens and building roads. These are called concurrent powers. The system of Federalism allows each state to have individual powers and autonomy, while still uniting the country under a strong national government.
Separation of Powers & Checks and Balances
When the Constitution was being written, the members of the Constitutional Convention were still very much afraid of tyranny. In an effort to limit the chance of the government taking away the rights of individual citizens, the founders decided to divide the powers of government between three different branches. This separation of powers created the current system of government which is comprised of the executive, legislative, and judicial branches. Each branch has power over specific things and all three branches must work together to accomplish the work of government.
The constitution set up the system of checks and balances so that each branch of government has powers over the other two branches. The legislative branch is responsible for passing laws, but it must be signed by the president to become a part of the law. The president can check the legislative branch by vetoing the law, but Congress can vote to override the veto if they get two-thirds of the members of the House of Representatives and the Senate to vote to override. The legislative branch can check the executive branch by impeaching the president, rejecting his appointments to government posts, and refusing to approve treaties with other countries.
The Executive branch also has checks over the judicial branch. The president can appoint judges to the Supreme Court and to other federal courts, though these appointments have to be confirmed, or agreed to, by Congress. In return, the Supreme Court can determine if the president has done something that is unconstitutional.
Finally, the legislative branch has several checks over the judicial branch. Congress can impeach judges, which means to formally charge them with wrongdoing. They can also refuse to confirm the appointment of federal judges. In return, the judicial branch has the power of judicial review, which means they can decide whether a law violates the constitution.
When the Constitution was being written, the members of the Constitutional Convention were still very much afraid of tyranny. In an effort to limit the chance of the government taking away the rights of individual citizens, the founders decided to divide the powers of government between three different branches. This separation of powers created the current system of government which is comprised of the executive, legislative, and judicial branches. Each branch has power over specific things and all three branches must work together to accomplish the work of government.
The constitution set up the system of checks and balances so that each branch of government has powers over the other two branches. The legislative branch is responsible for passing laws, but it must be signed by the president to become a part of the law. The president can check the legislative branch by vetoing the law, but Congress can vote to override the veto if they get two-thirds of the members of the House of Representatives and the Senate to vote to override. The legislative branch can check the executive branch by impeaching the president, rejecting his appointments to government posts, and refusing to approve treaties with other countries.
The Executive branch also has checks over the judicial branch. The president can appoint judges to the Supreme Court and to other federal courts, though these appointments have to be confirmed, or agreed to, by Congress. In return, the Supreme Court can determine if the president has done something that is unconstitutional.
Finally, the legislative branch has several checks over the judicial branch. Congress can impeach judges, which means to formally charge them with wrongdoing. They can also refuse to confirm the appointment of federal judges. In return, the judicial branch has the power of judicial review, which means they can decide whether a law violates the constitution.
The Three Branches of Government
The Legislative Branch
The Constitution gives the Legislative Branch powers to create laws. This is a tough task considering that the legislative branch has 535 voting members. The legislative branch was designed to have many checks within it so that laws could not be passed to easily. By creating a bicameral legislature, the founding fathers wanted to slow down the process so that any law that passed was approved at many different levels.
The lower house of Congress is called the House of Representatives. The House of Representatives is made up of 435 members from each of the 50 states. Because representation in the House is proportional, some states have more representatives than other states. For example, California has 53 seats in the House, while Montana has only one. All representatives must be at least 25 years old to be elected to Congress. Every Congressman and woman serve terms of two years, so every representative must run for reelection every two years.
The upper hour of Congress is called the Senate. The Senate is made up of 100 members from each of the 50 states. Because representation in the Senate is equal, all states get two Senators, regardless of how many people there are in the state. All Senators must be at least 30 years old to be elected to serve in the Senate. Senators serve six year terms, but they do not all run for election at once. About one-third of all seats in the Senate are up for reelection ever two years.
The legislative branch is responsible for creating laws and deciding how the government’s money is going to be spent. Because of this Congress is very powerful, but the number of members in each house prevent any one individual Senator or Representative from becoming too powerful.
The Executive Branch
One major difference between the government under the Articles of Confederation and the government under the Constitution was the addition of a chief executive. The framers of the Constitution saw the need for one elected official to hold a position of power, so they created the U.S. Presidency. The president has many responsibilities that he must fulfill, so he works with a large group of people to help carry out laws and policies. The president is the head of the Executive Branch and the people who work directly under him are called his cabinet.
The executive branch is a large group of agencies and departments that are tasked with handling the everyday operations of government. The leaders of each of these departments are appointed, which means the president and his staff select a person for the position and the Senate must confirm the appointment. There are fifteen departments in the executive branch. They include the Department of Agriculture (USDA), Department of Commerce (DOC), Department of Defense (DOD), Department of Education (ED), Department of Energy (DOE), Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Department of Housing and Urban Development (HUD), Department of Justice (DOJ), Department of Labor (DOL), Department of State (DOS), Department of the Interior (DOI), Department of the Treasury, Department of Transportation (DOT), Department of Veterans Affairs (VA).
The Judicial Branch
The very highest court in the land is the Supreme Court. The Supreme Court is made up of eight associate justices and one chief justice. Members of the Supreme Court are appointed by the President and confirmed by the Senate. Each justice is appointed for a life term, which means they can serve until they die or decide to retire. The job of the justices is to hear and rule on cases. The nine justices of the Supreme Court listen to the arguments about cases, then vote to decide how to rule on the case. Most cases that the Supreme Court hears have gone through the Federal Court systems and have only reached the Supreme Court because they have been appealed. When the Supreme Court hears a case and decides that the law it is dealing with does not fit under the Constitution, they declare the law “unconstitutional.” This process of judicial review is one way the Judicial Branch checks the Legislative Branch.
The Supreme Court is just one part of the Federal Court system, however. The vast majority of cases heard on a federal level are dealt with in the Lower Federal Courts. Justices to these courts are appointed and serve life terms unless they resign or are removed from office before death. The District Courts handle civil and criminal cases that fall under federal authority, while the Appeals Courts review the decisions made by District Courts.
The Constitution gives the Legislative Branch powers to create laws. This is a tough task considering that the legislative branch has 535 voting members. The legislative branch was designed to have many checks within it so that laws could not be passed to easily. By creating a bicameral legislature, the founding fathers wanted to slow down the process so that any law that passed was approved at many different levels.
The lower house of Congress is called the House of Representatives. The House of Representatives is made up of 435 members from each of the 50 states. Because representation in the House is proportional, some states have more representatives than other states. For example, California has 53 seats in the House, while Montana has only one. All representatives must be at least 25 years old to be elected to Congress. Every Congressman and woman serve terms of two years, so every representative must run for reelection every two years.
The upper hour of Congress is called the Senate. The Senate is made up of 100 members from each of the 50 states. Because representation in the Senate is equal, all states get two Senators, regardless of how many people there are in the state. All Senators must be at least 30 years old to be elected to serve in the Senate. Senators serve six year terms, but they do not all run for election at once. About one-third of all seats in the Senate are up for reelection ever two years.
The legislative branch is responsible for creating laws and deciding how the government’s money is going to be spent. Because of this Congress is very powerful, but the number of members in each house prevent any one individual Senator or Representative from becoming too powerful.
The Executive Branch
One major difference between the government under the Articles of Confederation and the government under the Constitution was the addition of a chief executive. The framers of the Constitution saw the need for one elected official to hold a position of power, so they created the U.S. Presidency. The president has many responsibilities that he must fulfill, so he works with a large group of people to help carry out laws and policies. The president is the head of the Executive Branch and the people who work directly under him are called his cabinet.
The executive branch is a large group of agencies and departments that are tasked with handling the everyday operations of government. The leaders of each of these departments are appointed, which means the president and his staff select a person for the position and the Senate must confirm the appointment. There are fifteen departments in the executive branch. They include the Department of Agriculture (USDA), Department of Commerce (DOC), Department of Defense (DOD), Department of Education (ED), Department of Energy (DOE), Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Department of Housing and Urban Development (HUD), Department of Justice (DOJ), Department of Labor (DOL), Department of State (DOS), Department of the Interior (DOI), Department of the Treasury, Department of Transportation (DOT), Department of Veterans Affairs (VA).
The Judicial Branch
The very highest court in the land is the Supreme Court. The Supreme Court is made up of eight associate justices and one chief justice. Members of the Supreme Court are appointed by the President and confirmed by the Senate. Each justice is appointed for a life term, which means they can serve until they die or decide to retire. The job of the justices is to hear and rule on cases. The nine justices of the Supreme Court listen to the arguments about cases, then vote to decide how to rule on the case. Most cases that the Supreme Court hears have gone through the Federal Court systems and have only reached the Supreme Court because they have been appealed. When the Supreme Court hears a case and decides that the law it is dealing with does not fit under the Constitution, they declare the law “unconstitutional.” This process of judicial review is one way the Judicial Branch checks the Legislative Branch.
The Supreme Court is just one part of the Federal Court system, however. The vast majority of cases heard on a federal level are dealt with in the Lower Federal Courts. Justices to these courts are appointed and serve life terms unless they resign or are removed from office before death. The District Courts handle civil and criminal cases that fall under federal authority, while the Appeals Courts review the decisions made by District Courts.