Opening Activity

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  During the Revolutionary War, each American colony became a separate state. Each state had its own laws and constitution. A written plan for government is a constitution. States gave their citizens the right to make all the laws that would govern them. A citizen is an official member of a city, a state, or a nation.
  
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  After the Declaration of Independence was signed, the Second Continental Congress created a plan for the government of the United States called the Articles of Confederation. It was a constitution to establish the powers of a new national government.
  
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  Congress is a group that makes laws.
  
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  The Articles gave Congress the power to declare war, make peace treaties, and make treaties with other nations, including American Indian nations. It could print and borrow money. There were many powers, however, that Congress did not have. It could not set up an army, control trade, or create taxes.
  
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  At first, the Articles were written with a strong central government in mind. Many states were against this idea. Colonists at that time were often more loyal to the area they came from than to the new nation as a whole. They had just fought a war to protest the powerful central government of England. Small farmers and workers had this point of view.
  
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  However, some patriots, large landowners, and merchants thought a strong national government would be better. They felt that it would protect their property rights and keep trading practices fair.
  
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  After all the discussions, the Articles of Confederation was revised. It provided for a weak national government.
  
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  The Articles of Confederation went into effect on March 1, 1781.
  

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  Each state had total independence and self-rule.
  
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  Each state could make its own agreements independent of any concerns for other states or the nation.
  
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  Each state had its own tariff laws (taxes on goods coming in or being shipped to other states and countries).
  
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  Each state had its own militia (army) and many states have navies.
  
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  People did not think of themselves as citizens of the United States. They thought of themselves as citizens of their own states, such as Georgians, New Yorkers, or Virginians.
  
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  Each state made their own money.
  
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  The federal government could not levy taxes or regulate trade between the states and abroad. Levy taxes ('le-ve\) means to make people pay taxes.
  
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  Federal government couldn’t enforce laws
  
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  Federal government couldn’t make state boundary lines
  
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  But the Federal government could: declare war, make treaties, and print and borrow money
  

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  There was no strong national government (Problem: The states had a lot of power, but they couldn’t agree on anything!)
  
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  No leader controlled the government. (Problem: Somebody needs to be in charge!)
  
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  Congress could not establish a national army without the permission of states. (Problem: Many states thought an army would boss them around. But what if there was an attack on the country?)
  
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  Congress could not collect or create taxes (Problem: It takes money to run a government. They had debts for the War for independence. The government owned millions of dollars to banks and other countries). Congress could only ask each state to pay its share of running the government, but they could not make them pay.
  
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  The states fought with one another over boundaries lines.
  
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  Courts in one state could not settle arguments of another state.
  
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  People continued to think of themselves as New Yorkers, Georgians, etc., not as Americans.
  
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  Each state printed their own money and decided the rules for trade. (Problem: It was hard for them to trade with each other or with other countries, which hurt the new nation’s economy.)
  
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  The leaders decided to meet in May 1787 to discuss these problems.
  

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  Fifty-five delegates from 12 of the 13 states (Rhode Island was not represented.) met in Independence Hall in Philadelphia, Pennsylvania in May 1787. Leaders of the Constitutional Convention included James Madison and Benjamin Franklin. Delegates were people chosen to represent and speak for all Americans. The delegates were landowners, business people, and lawyers. Most were wealthy and educated. About 20 were slaveowners. About 30 had fought in the war against Britain. Eight had signed the Declaration of Independence. Many had served in Congress or state government. Such a convention today would include Americans of many different backgrounds. In 1787, though, only white men who owned land were included. No women, African Americans, American Indians, or men who were not landowners took part in the convention.
  
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  Madison was a lawyer from Virginia and he called the meeting together. He arrived in Philadelphia two weeks early so he could start planning what needed to be done.
  
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  James Madison is known as the “Father of the Constitution” because he was a leading member of the convention and he kept a detailed record of all debates. George Washington came as another Virginia delegate.
  
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  Benjamin Franklin, representing Pennsylvania, was the oldest delegate in the convention. He urged others to be willing to listen and convinced them that compromise was important in a free society. He supported ratification of the Constitution.
  
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  The delegates elected George Washington as president of the convention.
  
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  Famous quote by Benjamin Franklin: “Early to bed and early to rise makes a man healthy, wealthy, and wise.”
  
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  Some delegates hoped simply to change the Articles of Confederation. But they soon realized that this would not be enough. The delegates agreed to start over and make a new government.
  
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  One of the most important issue they talked about was the rights of states. Some were afraid of a powerful national government (The remembered what it was like living under British rule!). They also felt that a strong national government would take power away from the states.
  
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  The delegates agreed to create a federal system where states would share authority with the national (federal) government.
  
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  The new federal system:
  
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  The state governments could have authority over their own affairs, like schools and local elections.
  
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  The national government would take care of things that affected the whole country, like printing money and forming military forces. The national government (or central government) has more power than the states.
  
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  Madison believed that a republic was the only type of government that could keep order and still protect rights. A republic is a government in which the citizens elect leaders to represent them. The power in a republic comes from the citizens themselves.
  

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  On May 29, Edmund Randolph, governor of Virginia, described Madison’s plan for the new government. This plan, known as the Virginia Plan, called for a federal system in which the national government had three parts, or branches. Many state governments were already set up this way.
  
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  One branch, the Congress, would make laws for the nation. Another branch would carry out the laws. And the third branch, the courts, would settle legal arguments.
  
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  The delegates accepted most of the Virginia Plan, but many did not like one part of it.
  
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  Madison suggested that the number of each state’s representatives in Congress be based on the state’s population. Large states would get more votes in Congress than small states. The small states did not like this plan. It gave more power to large states.
  

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  The New Jersey Plan was proposed by William Patterson. Delegates from the small states with small populations, like Delaware, created the New Jersey Plan. This plan gave all states the same number of members and the same power as large states. Larger states said that was unfair! They said states with more people should have more representatives.
  
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  Roger Sherman of Connecticut came up with a solution. He suggested dividing Congress into two parts, or houses. In one house -- the Senate -- each state has two members. In the other house -- the House of Representatives -- each state has a different number of representatives depending on the number of people in the state.
  
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  Sherman’s suggestion is called the Great Compromise.
  

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  It divided Congress into two parts, or houses. In one house -- the Senate -- each state has two members. In the other house -- the House of Representatives -- each state has a different number of representatives depending on the number of people in the state.
  
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  Compromise -- both sides give up something to settle a disagreement.
  
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  The result of the compromise is the Congress we have today.
  

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  Southern delegates wanted slaves to count as part of a state’s population. Counting enslaved people would have given their states more representatives in Congress.
  
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  Other delegates said this was unfair because slaves were treated as property, not citizens.
  
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  Delegates also argued about whether to end the practice of bring slaves into the United States. Delegates from the southern states said they would not accept the government unless the slave trade continued.
  

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  Arguments over slavery lead to another compromise -- the Three-Fifth’s Rule. This rule counted five slaves as three free people.
  
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  The slave trade was also allowed to continue until 1808. Although some delegates disliked this compromise and wanted to end slavery, they agreed to let it continue so that all states would support the Constitution.
  

The delegates worked six days a week for four months (May-September 1787). On September 17, 1787, only one job was left. Each delegate signed the constitution.

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  A constitution is a group of laws. The United States Constitution is the basic law of our land.
  
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  The delegates shared the power between the states and the national, or federal, government. This sharing of power is called a federal system.
  

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  The Continental Congress received the proposed Constitution on September 20. It then voted to send the document to the state legislatures for ratification.
  

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  Some delegates, however, would not approve the Constitution when it was sent to the states for ratification until it included a bill of rights listing the individual rights of every citizen. So, the Convention promised a bill of rights would be attached to the final version.
  
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  Several amendments were immediately considered when the first Congress met in 1789. Twelve amendments, written by James Madison, were presented to the states for final approval.
  
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  Only ten were approved. Those ten make up the Bill of Rights. They are also the first ten amendments to the Constitution.
  

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  The Continental Congress received the proposed Constitution on September 20. It then voted to send the document to the state legislatures for ratification.
  
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  The people who supported the new Constitution, the Federalists, began to publish articles supporting ratification. Alexander Hamilton, James Madison, and John Jay eventually compiled 85 essays as The Federalist Papers.
  
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  These supporters of the Constitution believed that the checks and balances system would allow a strong central government to preserve states' rights.
  
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  Some delegates, however, would not approve (Two-thirds of the states had to approve it.) the Constitution when it was sent to the states for ratification until it included a bill of rights listing the individual rights of every citizen. So, the Convention promised a bill of rights would be attached to the final version.
  
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  Several amendments were immediately considered when the first Congress met in 1789. Twelve amendments, written by James Madison, were presented to the states for final approval. Only ten were approved. Changes to the Constitution are called amendments.
  
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  Those ten make up the Bill of Rights. They are also the first ten amendments to the Constitution.
  

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  Once ratified, the Constitution set the basis for the government we have today.
  
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  Powers are divided between the federal (or national) government and the 50 states.
  
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  The Founding Fathers knew they had to leave enough powers with the states when they were writing the Constitution. If they didn't, they knew the state legislatures would never ratify the Constitution.
  
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  All states were granted the right to control certain things within their borders. They could do so as long as they did not interfere with the rights of other states or the nation.
  

To avoid the risk of dictatorship or tyranny, the group divided the new government into three parts, or branches: the executive branch, the legislative branch, and the judicial branch.

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  proposes, approves, and enforces laws made by Congress
  
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  Makes treaties with other countries
  
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  Leads the military (Armed Forces)
  

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  makes laws
  
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  raises money by collecting taxes or borrowing money
  
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  Approves the printing of money
  
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  Can declare war
  

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  Decides whether laws follow the guidelines of the Constitution
  
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  Decides what laws mean
  
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  Resolves conflicts between citizens or states
  

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  By creating three branches of government, the delegates built a "check and balance" system into the Constitution. This means that each branch checks, or limits, the powers of the others. The power is then balanced among all three branches.
  
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  This system was built so that no one branch of our government could become too powerful.
  
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  Each branch is restrained by the other two in several ways.
  
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  For example, the president may veto a law passed by Congress. Congress can override that veto with a vote of two-thirds of both houses.
  
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  Another example is that the Supreme Court may check Congress by declaring a law unconstitutional. The power is balanced by the fact that members of the Supreme Court are appointed by the president. Those appointments have to be approved by Congress.
  

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  Very few things last long without change. Nothing is perfect. The writers of the Constitution realized this when they presented the first twelve amendments to the Constitution.
  
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  Amendments to the Constitution can be either additions or changes to the original text. It is not easy to change the Constitution. Since 1787, more than 9,000 amendments have been proposed, but only 27 have been approved.
  

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  The first amendment addresses that Congress government can not make a law that affects the establishment of your religion, or stops you from practicing your religion or restricts you saying or publishing (writing) whatever you want (like in a newspaper or a book). Also, Congress can not restrict or stop you from meeting peacefully for a demonstration or manifestation to ask the government to change something.
  
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  The First Amendment promises these five freedoms:
  

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   Religion
   
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   Speech
   
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   Press
   
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   Assembly
   
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   petition
   

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  The Preamble is the beginning of the Constitution. “We the People of the United States…” tells us that our government is based on the idea of popular sovereignty.
  
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  Popular means related to people.
  
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  Sovereignty means the power to rule.
  
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  Popular sovereignty means that the people have the power to rule.
  
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  Another word to describe the U.S. government is democracy. Democracy is a government in which the people have the power to make political decisions.
  
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  Citizens in a democracy take part in making laws and choosing leaders. In the U.S., citizens usually make these decisions through the representatives whom they elect by voting.
  

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