Unit 4: The Constitution

Creating a New Government

Essential Question

How did the founders balance the need for a strong government with protection of individual rights?

Use This Unit for Your Capstone!

This unit gives you crucial evidence for both capstone questions:

Question 1: What revolutionary ideas did America create?

Look for: Bill of Rights (freedoms of speech, religion, press, assembly), checks and balances, "We the People", separation of powers

Why it matters: These protections were revolutionary! Most countries still had monarchies where kings had all the power. America said NO ONE should have total power - not even the government.

Question 2: Who fought to claim these ideals?

Look for: 3/5 Compromise (enslaved people counted as property), who could vote, who "We the People" actually included in 1787

KEY MESSAGE: The Constitution's framework was brilliant - it just didn't include everyone yet. Excluded groups would spend generations fighting to BE INCLUDED in "We the People." The Constitution was strong enough to be amended to include them!

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Key Concepts

The Big Idea: After winning independence, Americans had to create a new government. They wanted it strong enough to function but not so strong that it would take away people's freedoms. The Constitution they created included checks and balances, separation of powers, and the Bill of Rights to protect individual liberties.

Major Themes

  • Balancing Act: Creating a government that was powerful but limited
  • Compromise: Different states and groups had to compromise to create the Constitution
  • Separation of Powers: Dividing government into three branches to prevent tyranny
  • Checks and Balances: Each branch can limit the others' power
  • Federalism: Power shared between national and state governments
  • Individual Rights: Bill of Rights protects citizens' freedoms

Essential Vocabulary

Click each card to see the definition

Great Compromise
Agreement proposed by Roger Sherman of Connecticut to use a 2-house legislature
Virginia Plan
James Madison's plan for America's government that favored the large states because representation was based on population
New Jersey Plan
Plan proposed and favored by small states (like NJ) because representation was equal for all states regardless of population
Checks & Balances
A system where each branch of government can limit the powers of the other branches to prevent tyranny
separation of powers
Division of government into three branches (legislative, executive, judicial)
federalism
Power is shared between the national (federal) government and state governments
Executive Branch
The branch of government that enforces the laws and includes the president
Legislative Branch
The branch of government that makes the laws and includes the House and Senate
Judicial Branch
The branch of government that interprets the laws and includes the nation's court system
judicial review
The Supreme Court's power to declare laws or executive actions unconstitutional
Ratification
The process of approving the Constitution or any Amendments to it (to officially approve)
Bill of Rights
The first 10 Amendments of the Constitution written by Madison when Anti-Federalists sought greater protections
amendment
A change or addition to the Constitution
Electoral College
The system for electing the president through states have a set of electors
Federalist Papers
85 essays written by Hamilton, Madison, and Jay to convince states to ratify the Constitution
Articles of Confederation
America's first government (weaknesses: no power to tax, no president, no national courts, couldn't regulate trade, needed 9/13 to pass laws)
Federalist
People who supported the Constitution and a strong national government (like Alexander Hamilton)
Anti-Federalist
People who opposed the Constitution, fearing it gave too much power to national government; wanted a Bill of Rights to protect individual freedoms
3/5 Compromise
Each enslaved person would count as 3/5 of a person for representation and taxation purposes
veto
To reject a law (power of the President to reject laws passed by Congress)
impeach
To charge a government official with wrongdoing (Congress can impeach and remove the President)
override
Congress can override a presidential veto with a 2/3 vote
tariff
Taxes on imported goods (created by Hamilton as Secretary of Treasury)

From Articles of Confederation to the Constitution

Articles of Confederation (1781-1789)

America's first government - it didn't work well!

Problems:

  • National government was very weak
  • Could not collect taxes (no money for army or government)
  • Could not regulate trade between states
  • Each state could ignore national laws
  • No president to enforce laws
  • No national court system
  • Needed all 13 states to agree to make changes

Constitutional Convention (1787)

Meeting in Philadelphia to fix the problems

  • 55 delegates from 12 states (Rhode Island didn't attend)
  • Originally met to revise Articles, but created entirely new Constitution
  • Debates and compromises lasted all summer
  • George Washington presided over the convention
  • James Madison known as "Father of the Constitution" for his ideas and notes

The Three Branches of Government

Legislative Branch (Makes Laws)

Congress - divided into two houses:

  • Senate: 2 senators per state (100 total); 6-year terms
  • House of Representatives: Based on state population (435 total); 2-year terms

Powers:

  • Make laws
  • Collect taxes
  • Declare war
  • Regulate trade

The Three Branches of Government

Executive Branch (Enforces Laws)

President and Vice President

  • President serves 4-year term
  • Commander-in-chief of military
  • Enforces laws passed by Congress
  • Makes treaties (with Senate approval)
  • Appoints judges and cabinet members
  • Can veto (reject) laws from Congress

The Three Branches of Government

Judicial Branch (Interprets Laws)

Supreme Court and federal courts

  • 9 Supreme Court justices (serve for life)
  • Interprets the Constitution
  • Decides if laws are constitutional
  • Settles disputes between states
  • Can declare laws unconstitutional (judicial review)

Checks and Balances

How each branch can limit the others:

Legislative checks on Executive:

  • Can override presidential veto with 2/3 vote
  • Senate must approve treaties and appointments
  • Can impeach and remove president
  • Controls the budget

Legislative checks on Judicial:

  • Senate confirms federal judges
  • Can impeach and remove judges
  • Can propose constitutional amendments

Executive checks on Legislative:

  • Can veto bills
  • Can call special sessions of Congress

Executive checks on Judicial:

  • Appoints federal judges
  • Can pardon people convicted in federal courts

Judicial checks on Legislative:

  • Can declare laws unconstitutional

Judicial checks on Executive:

  • Can declare executive actions unconstitutional

Why this matters: No single branch can become too powerful because the others can limit its actions!

Major Compromises

The Great Compromise (Connecticut Compromise)

The Problem: Big states vs. small states

  • Virginia Plan: Representation based on population (favored large states)
  • New Jersey Plan: Equal representation for all states (favored small states)

The Solution: Two-house legislature

  • House of Representatives based on population (big states happy)
  • Senate with equal representation - 2 per state (small states happy)

The 3/5 Compromise

The Problem: Should enslaved people count in population for representation?

  • Southern states wanted to count enslaved people to get more representatives (but not give them rights)
  • Northern states didn't want them counted since they had no rights

The Solution: Each enslaved person would count as 3/5 of a person for representation and taxation

The Injustice: This compromise treated people as fractions and allowed slavery to continue

The Ratification Debate

Federalists (Supported the Constitution)

Leaders: Alexander Hamilton, James Madison, John Jay

Arguments:

  • Articles of Confederation too weak
  • Need strong national government to survive
  • Checks and balances prevent tyranny
  • Large republic can protect liberty better than small states

The Federalist Papers: 85 essays written to convince people to support Constitution

Anti-Federalists (Opposed the Constitution)

Leaders: Patrick Henry, George Mason, Brutus (anonymous)

Arguments:

  • National government too powerful
  • No bill of rights to protect individual freedoms
  • States would lose power
  • Favored the wealthy over common people
  • Feared a strong president would be like a king

The Compromise:

Federalists agreed to add a Bill of Rights after ratification. This convinced enough states to approve the Constitution!

The Bill of Rights (First 10 Amendments)

Added in 1791 to protect individual freedoms:

  • 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: Right to due process; can't be forced to testify against yourself
  • 6th Amendment: Right to fair and speedy trial; right to lawyer
  • 7th Amendment: Right to jury trial in civil cases
  • 8th Amendment: No cruel and unusual punishment; no excessive bail
  • 9th Amendment: People have other rights not listed in Constitution
  • 10th Amendment: Powers not given to federal government belong to states or people

Important People

  • George Washington Presided over Constitutional Convention; first president
  • James Madison "Father of the Constitution"; took detailed notes; wrote Federalist Papers
  • Alexander Hamilton Federalist leader; wrote most of Federalist Papers; first Secretary of Treasury
  • Benjamin Franklin Oldest delegate at Convention; helped broker compromises

Videos & Resources

Review these materials from class:

📁 Class Slides & Resources

Access all slides, handouts, and materials from this unit:

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Reflection Questions

Use these to help you prepare your capstone answer:

  • Why was the Articles of Confederation too weak?
  • How do the three branches limit each other's power?
  • Why did the Great Compromise satisfy both large and small states?
  • What's wrong with the 3/5 Compromise from a moral perspective?
  • Why did Anti-Federalists fear the Constitution? Were their concerns valid?
  • How does the Bill of Rights protect individual freedoms?
  • How did debates from the Revolution (Unit 3) influence the Constitution's creation?
  • Is the balance between government power and individual rights still important today?

Check Your Notes & Assignments

To gather more evidence for your capstone, look back at:

  • Your Articles of Confederation notes
  • Comparing Plans of the Convention worksheet
  • Compromises of the Convention notes
  • Branches of government and checks & balances activities
  • Federalist Papers and Brutus letter readings
  • Bill of Rights analysis
  • Alexander Hamilton lesson
  • Constitution review activities and Jeopardy

For Your Capstone Project

Evidence from This Unit:

For Question 1 (Revolutionary Ideals):

  • "We the People": Power comes from citizens - revolutionary idea that people, not kings, create governments
  • Bill of Rights: Protections for freedoms (speech, religion, press, assembly) - guaranteed rights governments can't take away
  • Checks and balances: No one person or branch can become a tyrant - each branch limits the others
  • Separation of powers: Three branches share power to prevent abuse
  • Why revolutionary: Most countries still had monarchies where kings had absolute power. America said NO ONE should have total power!

For Question 2 (Struggle for Inclusion):

  • Who "We the People" included in 1787: White, property-owning men ONLY
  • 3/5 Compromise: Enslaved people counted as 3/5 of a person - treated as property, not people
  • Voting requirements: Had to be white, male, and own property
  • Who was excluded: Women, enslaved people, Indigenous peoples, poor white men
  • KEY MESSAGE: The Constitution's framework was brilliant - it just didn't include everyone YET. Excluded groups spent generations fighting to BE INCLUDED in "We the People"
  • The Constitution was strong enough to change: Led to 13th Amendment (ended slavery), 14th Amendment (citizenship for all), 15th Amendment (voting rights for Black men), 19th Amendment (women's suffrage)
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