The U.S. Constitution

The Virginia Plan The Virginia Plan called for a government with three branches: the legislative branch (lawmakers), executive branch (to carry out the laws), and judicial branch (a system of courts to interpret and apply the laws). The legislature would have two houses, with the states represented by basis of population in each. The Virginia Plan appealed to the large states. The small states feared a government dominated by large states would ignore their interests.

The New Jersey Plan The New Jersey Plan also called for three branches of government. The legislature would have one house and each state would get one vote. This plan would give equal power to large and small states.

The Great Compromise Roger Sherman’s committee proposed a Senate and a House of Representatives. Each state would have equal representation in the Senate. Representation in the House would be based on population. The delegates accepted this Great Compromise.

The Three-fifths Compromise Southern states wanted to count enslaved African Americans as part of their population in determining representation in the House. Northern states opposed this plan. In the Three-fifths Compromise, delegates agreed that every five enslaved persons would count as three free persons for determining congressional representation and figuring taxes.

The Electoral College Delegates disagreed on whether Congress or the voters should choose the president. The solution was the Electoral College, a group of people named by each state legislature to select the president and vice president. Today, the voters in each state, not the legislators, choose electors.

Approving the Constitution Ratification required at least 9 of 13 state conventions to vote “yes.”

The Constitution and Its Parts The Constitution has three main parts: the Preamble, seven articles and 27 amendments. Preamble 7 Articles 27 Amendments

The Preamble The Preamble states the goals and purposes of government. The first part makes clear that government gets its power from the people and exists to serve them. The Preamble states six purposes: “To form a more perfect Union” “To establish Justice” “To insure domestic Tranquility” “To provide for the common defense” “To promote the general Welfare” “To secure the Blessings of Liberty to ourselves and our Posterity”

The Articles The articles explain how government is to work. The first three articles describe the powers and responsibilities of the three branches of government.

Article I – Legislative Branch Article I describes the legislative branch as two houses with lawmaking authority. It then describes how members will be chosen. The article also lists specific powers Congress does and does not have. Declare War

Article II – Executive Branch Article II establishes the executive, or law-enforcing, branch headed by a president and vice president. It explains how these leaders will be elected and can be removed, and describes their powers and duties.

Article III – Judicial Branch Article III establishes the judicial branch to interpret and apply the laws. It calls for one Supreme Court plus lower courts and describes the powers of federal courts.

Article IV, V, VI & VII Article IV says that all states must respect one another’s laws and explains the process of creating new states. Article V specifies how the Constitution can be amended. Article VI declares that the Constitution is the “supreme Law of the Land” and federal law prevails over state law. Article VII states that the Constitution would take effect when nine states ratify it.

Amending the Constitution An amendment is any change to the Constitution. The first 10 amendments are the Bill of Rights. Free Speech Peaceful Protest

The Amendment Process The amendment process involves two steps: proposal and ratification. An amendment may be proposed by a vote of two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states. The states can do this by a vote of either the state legislature or a special state convention.

Interpreting the Constitution Article I gives Congress the power “to make all Laws which shall be necessary and proper” to carry out its duties. This necessary and proper clause allows Congress to exercise implied powers not specifically listed in the Constitution.