TOPIC 3.

9- THE CONSTITUTION, 1787-1789

Learning Objective:
Explain the continuities and changes in the structure and functions of the government with the ratification of the
Constitution.

Thematic Focus:
Debates fostered by social and political groups about the role of government in American social, political, and
economic life shape government policy, institutions, political parties, and the rights of citizens.

I. After declaring independence, American political leaders created new constitutions and declarations of rights that articulated the
role of the state and federal governments while protecting individual liberties and limiting both centralized power and excessive
popular influence.

A. Delegates from the states participated in a Constitutional Convention and through negotiation, collaboration, and
compromise proposed a constitution that created a limited but dynamic central government embodying federalism and
providing for a separation of powers between its three branches.
i. Rather than have voters elect a president directly, the constitution created an Electoral College to safeguard the
presidency from direct popular election. The delegates limited the president’s term to four years but with no limit
on the number of terms. The president was granted considerable power, including the ability to veto acts of
Congress.
ii. The northern states wanted the central government to regulate interstate commerce and foreign trade. The southern
states were afraid that export taxes would be placed on its agricultural products. The commercial compromise
allowed Congress to regulate interstate and foreign commerce, including placing tariffs on foreign imports, but it
prohibited placing taxes on any exports.

Overview of the U.S. Constitution

Article I: Legislative Branch
Article II: Executive Branch
Article III: Judicial Branch
Article IV: Federalism
Article V: Amendment Process
Article VI: Supremacy Clause
Article VII: Conditions for Ratification
Spells out the powers and duties of Congress, consisting of the House of
Representatives and the Senate and lists the powers given to Congress, including the
right to tax, declare war, regulate commerce, and create legislation
Defines the powers of the President, including being Commander-In-Chief of the
Armed Forces, reporting to Congress of the “State of the Union,” and the authority to
make treaties and to appoint officials with the consent of the Senate. The President
must also “take care that laws are faithfully executed,” meaning the President is
assumed to have powers not specifically mentioned in the Constitution
Establishes a Supreme Court and defines its authority to hear certain cases. Congress
is given the power to create lower courts
Defines the relationship between the states and the federal government
Process for making changes to the original Constitution, which involves federalism in
that Congress must propose an amendment and the states are required to ratify it
National law will be supreme over state law
Nine of the Thirteen states needed to sign the Constitution into law

Key Principles of the U.S. Constitution

Separation of Powers a way of dividing power among the three branches of government, in which members of the House of
Representatives, members of the Senate, the President, and the Supreme Court are selected by and
responsible to different constituencies
Checks and Balances a government structure that gives each of the three branches of government some degree of oversight and
control over the actions of the others
Federalism a system of government in which power is divided between the national government and the state
governments and in which independent states are bound together under one nationalized government
Limited Government a type of government in which the functions and powers of authority are written, limited, and restricted by
law to protect the citizens