Chapter 7

Creating the Constitution

From the Articles of Confederation to the Constitution and Bill of Rights

📜 The Articles of Confederation

After independence, the states needed a government. In 1781, they adopted the Articles of Confederation - America's first constitution.

Structure Under the Articles

  • Weak central government - Most power remained with states
  • One-house legislature (Congress) - Each state had one vote
  • No executive branch - No president
  • No judicial branch - No national court system
  • No power to tax - Could only request money from states

Problems with the Articles

⚠️ Why the Articles Failed

  • No money: Congress couldn't pay debts or fund an army
  • No trade regulation: States taxed each other's goods
  • No enforcement: Congress couldn't force states to follow laws
  • Hard to change: Needed all 13 states to agree on amendments
  • No unity: States acted like 13 separate countries

Shays' Rebellion (1786-1787)

Massachusetts farmers, led by Daniel Shays, rebelled against high taxes and debt. The rebellion showed the Articles government was too weak to maintain order. This convinced leaders that a stronger government was needed.

🏛️ The Constitutional Convention (1787)

In May 1787, delegates from 12 states met in Philadelphia to revise the Articles. Instead, they decided to write a completely new constitution.

Key Delegates

  • George Washington - President of the Convention
  • James Madison - "Father of the Constitution," kept detailed notes
  • Benjamin Franklin - Oldest delegate at 81, urged compromise
  • Alexander Hamilton - Favored strong central government

Major Debates and Compromises

The Virginia Plan

Proposed by James Madison. Called for representation based on population - favored large states.

The New Jersey Plan

Each state gets equal representation - favored small states.

The Great Compromise (Connecticut Compromise)

Solution: Two-house legislature
• House of Representatives - based on population
• Senate - equal representation (2 senators per state)

The Three-Fifths Compromise

Southern states wanted to count enslaved people for representation (more seats in Congress) but not for taxes. Northern states objected.

Compromise: Count enslaved people as 3/5 of a person for both representation and taxation. This was a tragic moral compromise that treated human beings as fractions.

The Slave Trade Compromise

Northern states wanted to ban the slave trade immediately. Southern states threatened to leave the Convention.

Compromise: Congress couldn't ban the slave trade until 1808 (20 years). This allowed slavery to continue and grow.

⚖️ Principles of the Constitution

1. Popular Sovereignty

"We the People" - The government's power comes from the people.

2. Limited Government

Government can only do what the Constitution allows.

3. Separation of Powers

Power is divided among three branches:

  • Legislative Branch (Congress) - Makes laws
  • Executive Branch (President) - Enforces laws
  • Judicial Branch (Courts) - Interprets laws

4. Checks and Balances

Each branch can limit the power of the others:

Examples of Checks and Balances

  • Congress can impeach and remove the president
  • President can veto laws passed by Congress
  • Supreme Court can declare laws unconstitutional
  • Senate must approve treaties and presidential appointments
  • Congress controls the budget

5. Federalism

Power is shared between the national government and state governments.

  • National powers: Coin money, declare war, conduct foreign policy
  • State powers: Run elections, establish schools, regulate in-state commerce
  • Concurrent powers: Both can tax, build roads, establish courts

6. Judicial Review

Courts can determine if laws violate the Constitution (established later in Marbury v. Madison, 1803).

🤝 Federalists vs. Anti-Federalists

Federalists (Supported the Constitution)

Leaders: Alexander Hamilton, James Madison, John Jay

  • Wanted strong central government
  • Believed Constitution protected liberty through checks and balances
  • Wrote the Federalist Papers - 85 essays defending the Constitution
  • Supported by merchants, city dwellers, wealthy

Anti-Federalists (Opposed the Constitution)

Leaders: Patrick Henry, Samuel Adams, George Mason

  • Feared strong central government would become tyrannical
  • Wanted more power for states
  • Demanded a Bill of Rights to protect individual freedoms
  • Supported by small farmers, rural areas

💬 Patrick Henry's Warning

"I smell a rat!" - Patrick Henry refused to attend the Convention, fearing it would create too powerful a government. He later fought against ratification.

✅ Ratification

The Constitution needed approval from 9 of 13 states to become law. The battle for ratification was fierce!

December 1787

Delaware becomes first state to ratify

June 1788

New Hampshire becomes 9th state - Constitution is now law!

1788-1790

Virginia, New York, North Carolina, and Rhode Island eventually ratify

To win ratification, Federalists promised to add a Bill of Rights protecting individual freedoms.

📋 The Bill of Rights (1791)

James Madison wrote 12 amendments to the Constitution. Congress approved them, and states ratified 10, which became the Bill of Rights.

1st Amendment
Freedom of religion, speech, press, assembly, petition
2nd Amendment
Right to bear arms
3rd Amendment
No quartering soldiers in homes
4th Amendment
Protection from unreasonable searches and seizures
5th Amendment
Rights in criminal cases (due process, no self-incrimination, no double jeopardy)
6th Amendment
Right to speedy, public trial; right to lawyer
7th Amendment
Right to jury trial in civil cases
8th Amendment
No excessive bail or cruel and unusual punishment
9th Amendment
People have rights not listed in the Constitution
10th Amendment
Powers not given to federal government belong to states or people

🎯 Most Important Freedoms

The 1st Amendment protects our most basic freedoms - religion, speech, press, assembly, and petition. These rights make democracy possible!

📚 Key Terms

Articles of Confederation
America's first constitution (1781-1789), created a weak central government
Constitutional Convention
1787 meeting in Philadelphia that created the U.S. Constitution
Great Compromise
Created two-house legislature with representation based on population (House) and equal representation (Senate)
Separation of Powers
Division of government into legislative, executive, and judicial branches
Checks and Balances
System allowing each branch to limit the power of the others
Federalism
Sharing of power between national and state governments
Federalists
Supporters of the Constitution who favored strong central government
Anti-Federalists
Opponents of the Constitution who feared strong central government
Bill of Rights
First 10 amendments to the Constitution, protecting individual rights
Ratification
Official approval of the Constitution by the states

📝 Chapter Summary

  • The Articles of Confederation created a weak government that couldn't solve national problems
  • Shays' Rebellion showed the need for a stronger government
  • The Constitutional Convention (1787) created a new constitution
  • The Great Compromise created a two-house legislature
  • Tragic compromises allowed slavery to continue
  • The Constitution established separation of powers, checks and balances, and federalism
  • Federalists supported the Constitution; Anti-Federalists opposed it
  • The Constitution was ratified in 1788
  • The Bill of Rights (1791) added protection for individual freedoms
  • The Constitution remains the supreme law of the United States