U.S. Constitution Study Notes

Constitution Study Notes

• Creation Year: 1787

Preamble

• Purpose: Explains the reasons for creating the Constitution.
• Goals:
  • Form a more perfect union (improve the country)
  • Establish justice (create fair laws and courts)
  • Insure domestic tranquility (peace in communities)
  • Provide for the common defense (protect from foreign enemies)
  • Promote the general welfare (citizens' success)
  • Secure the blessings of liberty (freedom for all)

Articles of the Constitution

• Structure: 7 articles, divided into sections.
• Total Word Count: 4,543 words

Branches of Government

• Legislative (Article I):
  • Components: Senate + House of Representatives
• Executive (Article II):
  • Components: President + Vice President
• Judicial (Article III):
  • Component: Supreme Court

State Relations (Article IV)

• Full Faith and Credit Clause: States respect each other's laws, records, and court proceedings.
• Extradition Clause: Fugitives are returned to the state where they committed a crime.
• Admissions Clause: New states must follow a specific process for joining the Union.
• Guarantee Clause: Federal government guarantees a republican form of government to each state. Protects states against invasion or rebellion.
• Privileges and Immunities Clause: States cannot unfairly discriminate against citizens of other states.

Amendment Process (Article V)

• Methods:
  • Proposal: ⅔ of Congress or ⅔ of state legislatures.
  • Ratification: ¾ of state legislatures or conventions in ¾ of states.

Supremacy Clause (Article VI)

• Function: Federal laws and the Constitution are supreme over state laws.

Oaths and Religious Restrictions

• Oaths: Public officials must take an oath to uphold the Constitution.
• No Religious Test Clause: No religious tests for public office.

Ratification (Article VII)

• Required Ratification: 9 out of 13 original states.

Fears of the Founding Fathers

• Tyranny: Fear of a powerful, controlling government like Great Britain.
• Disparity: Concern that a centralized government might favor certain states over others.

Differences from Articles of Confederation

• Power Shift: Constitution grants more power to the federal government than the Articles of Confederation. The Articles were weak, and that's why they were replaced. This difference is HUGE.
• Shays' Rebellion: Highlighted the weaknesses of the Articles, showing the need for a stronger central government.

Constitutional Convention

• Purpose (initial): Modify the Articles of Confederation.
• Year Called: 1787
• Duration: 4 months
• Location: Philadelphia, Pennsylvania
• Decision: Create a new government system instead of revising the Articles.

Competing Plans

• Virginia Plan (Madison): Representation based on population.
• New Jersey Plan (Paterson): Equal representation for all states.
• Great Compromise: Combined elements of both plans, creating a bicameral legislature with a House based on population and a Senate with equal representation.

Compromises

• 3/5ths Compromise: For every 5 enslaved persons, 3 were counted for representation and taxation purposes.

Constitution's Finalization

• Final Day: September 17, 1787 (Constitution Day).
• Final Ratification State: New Hampshire (ratified by a state's 9th ratification).
• Final State to Ratify: Rhode Island.