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1689English Bill of Rightsestablished

1690Locke publishes Two Treatisesof Civil Government

1748Montesquieu writes The Spirit of Laws

1787Constitutional Conventionmeets in Philadelphia

Main IdeaThe United States system of govern-ment rests on the Constitution.

Key TermsEnlightenment, federalism, article,legislative branch, executive branch,Electoral College, judicial branch,checks and balances, ratify, Federal-ist, Antifederalist, amendment

Reading StrategyOrganizing Information Re-createthe diagram below. In the boxesexplain how the system of checks andbalances works.

Read to Learn about the roots of the Constitution. how the Constitution limits the

power of government.

Section ThemeCivic Rights and ResponsibilitiesThe Constitution outlines the respon-sibilities and the limits of the threebranches of the national government.

A New Plan of Government

CHAPTER 7 A More Perfect Union

As Benjamin Franklin was leaving the last session of the Constitutional Congress, awoman asked, What kind of government have you given us, Dr. Franklin? A republicor a monarchy? Franklin answered, A republic, Madam, if you can keep it. Franklinsresponse indicated that a republica system of government in which the people electrepresentatives to exercise power for themrequires citizens to take an active role.

Roots of the ConstitutionAfter four long and difficult months, Franklin and the other delegates had

produced a new constitution. The document provided the framework for astrong central government for the United States.

Although a uniquely American document, the Constitution has roots in manyother civilizations. The delegates had studied and discussed the history of polit-ical development at lengthstarting with ancient Greeceso that their newgovernment could avoid the mistakes of the past.

Washingtons chair, Constitutional Convention

Has check or Examplebalance over:

President

CongressSupremeCourt

Preview of Events

Guide to Reading

1680 1720 1760 1800

Many ideas embedded in the Constitutioncame from the study of European political institu-tions and political writers. British ideas and insti-tutions particularly influenced the delegates.

The Framers who shaped the document werefamiliar with the parliamentary system ofBritain, and many had participated in the colo-nial assemblies or their state assemblies. Theyvalued the individual rights guaranteed by theBritish judicial system. Although the Americanshad broken away from Britain, they respectedmany British traditions.

British System of GovernmentThe Magna Carta (1215) had placed limits on

the power of the monarch. Englands lawmakingbody, Parliament, emerged as a force that theking had to depend on to pay for wars and tofinance the royal government. Like Parliament,the colonial assemblies controlled their colonysfunds. For that reason the assemblies had somecontrol over colonial governors.

The English Bill of Rights of 1689 providedanother important model for Americans. ManyAmericans felt that the Constitution also neededa bill of rights.

Framers of the Constitution got many ideason the nature of people and government fromEuropean writers of the Enlightenment. TheEnlightenment was a movement of the 1700sthat promoted knowledge, reason, and scienceas the means to improve society. James Madisonand other architects of the Constitution werefamiliar with the work of John Locke and Baronde Montesquieu (MAHNtuhsKYOO), twoimportant philosophers.

Locke, an English philosopher, believed that allpeople have natural rights. These natural rightsinclude the rights to life, liberty, and property. Inhis Two Treatises of Civil Government (1690), hewrote that government is based on an agreement,or contract, between the people and the ruler.Many Americans interpreted natural rights tomean the rights of Englishmen defined in theMagna Carta and the English Bill of Rights. TheFramers viewed the Constitution as a contractbetween the American people and their govern-ment. The contract protected the peoples naturalrights by limiting the governments power.

In The Spirit of Laws (1748), the French writerMontesquieu declared that the powers of gov-ernment should be separated and balancedagainst each other. This separation would keepany one person or group from gaining too muchpower. The powers of government should alsobe clearly defined and limited to prevent abuse.Following the ideas of Montesquieu, theFramers of the Constitution carefully specifiedand divided the powers of government.

Describing How did the English Billof Rights influence Americans?

The Federal SystemThe Constitution created a federal system of

government that divided powers between thenational, or federal, government and the states.Under the Articles of Confederation the statesretained their sovereignty. Under the Constitu-tion the states gave up some of their powers tothe federal government while keeping others.

Shared PowersFederalism, or sharing power between the fed-

eral and state governments, is one of the distinc-tive features of the United States government.

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[E]very manhas a propertyin his own per-son. This nobodyhas any right tobut himself.

John Locke, The SecondTreatise of Government

(1690)

Under the Constitution, the federal governmentgained broad powers to tax, regulate trade, con-trol the currency, raise an army, and declare war.It could also pass laws that were necessary andproper for carrying out its responsibilities.

However, the Constitution left importantpowers in the hands of the states. The states hadthe power to pass and enforce laws and regulatetrade within their borders. They could alsoestablish local governments, schools, and otherinstitutions affecting the welfare of their citi-zens. Both federal and state governments alsohad the power to tax and to build roads.

The Constitution BecomesSupreme Law of the Land

The Constitution and the laws that Congresspassed were to be the supreme law of theland. No state could make laws or take actionsthat went against the Constitution. Any disputebetween the federal government and the stateswas to be settled by the federal courts on thebasis of the Constitution. Under the new federalsystem, the Constitution became the final andsupreme authority.

Describing What is the principle offederalism?

The Organization of Government

Influenced by Montesquieus idea of a divi-sion of powers, the Framers divided the federalgovernment into three brancheslegislative,executive, and judicial. The first three articles,or parts, of the Constitution describe the powersand responsibilities of each branch.

The Legislative BranchArticle I of the Constitution establishes Con-

gress, the legislative branch, or lawmakingbranch, of the government. Congress is com-posed of the House of Representatives and theSenate. As a result of the Great Compromisebetween large and small states, each states rep-resentation in the House is proportional to itspopulation. Representation in the Senate isequaltwo senators for each state.

The powers of Congress include collectingtaxes, coining money, and regulating trade. Congress can also declare war and raise andsupport armies. Finally it makes all lawsneeded to fulfill the functions given to it as statedin the Constitution.

The Executive BranchMemories of King George IIIs rule made

some delegates reluctant to establish a powerfulexecutive, or ruler. Others believed that the

Americas Architecture

The Old Senate Chamber The U.S. Senate met in the OldSenate Chamber from 1810 until 1859. The two-story chamber issemicircular in shape and measures 75 feet long and 50 feet wide.Two visitors galleries overlook the chamber. After the Senatemoved to its present location, the room was occupied by theSupreme Court, from 1860 to 1935. What branches of govern-ment conducted business in the chamber?

Confederation had failed, in part, because itlacked an executive branch or president. Theyargued that a strong executive would serve as acheck, or limit, on Congress.

Article II of the Constitution established theexecutive branch, headed by the president, tocarry out the nations laws and policies. Thepresident serves as commander in chief of thearmed forces and conducts relations with for-eign countries.

The president and a vice president areelected by a special group called the ElectoralCollege, made up of presidential electors. Eachstates voters select electors to cast their votesfor the president and vice president. Each statehas as many electors as it has senators and rep-resentatives in Congress. The president andvice president chosen by the electors serve afour-year term.

The Judicial BranchArticle III of the Constitution deals with the

judicial branch, or court system, of the UnitedStates. The nations judicial power resides inone supreme Court and any other lower fed-eral courts that Congress might establish. The

Supreme Court and the federal courts hear casesinvolving the Constitution, laws passed by Con-gress, and disputes between states.

System of Checks and BalancesThe most distinctive feature of the United

States government is the separation of powers.The Constitution divides government poweramong the legislative, executive, and judicialbranches. To keep any one branch from gainingtoo much power, the Framers built in a systemof checks and balances. The three branches ofgovernment have roles that check, or limit, theothers so that no single branch can dominate thegovernment.

Both the House and the Senate must pass a billfor it to become law. The president can checkCongress by vetoing, or rejecting, the bill. How-ever, Congress can then check the president byoverriding, or voting down, the veto. To overridea veto, two-thirds of the members of both housesof Congress must vote for the bill.

The system of checks and balances alsoapplies to the Supreme Court. The presidentappoints Supreme Court justices, and the Senatemust approve the appointments.

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The Supreme Court has the final sayin deciding what the Constitutionmeans. What types of cases doesthe Supreme Court hear?

History

Great Seal of the United States

The Great Seal and the number thirteen

The Great Seal of the United States is the official seal of the United States government. The seal appears on important government documents. First adopted in 1782, it remains in use today. The face of the seal shows an American eagle with its wings spread. The seal also includes the motto E pluribus unum (From many, one). Most Americans dont know it, but they often carry

around the seal. The one-dollar bill has both sides of the

Great Seal on its back.

The United States has had several versions of the Great Seal.

13 letters in the motto above the eye, Annuit Coeptis

13 letters in E Pluribus Unum

13 olives and leaves in the eagles right claw

13 arrows in the eagles left claw

13 stripes on the eagles shield

13 stars in the crest above the eagle

On the Great Seal are

CHAPTER 7 A More Perfect Union

Over time, the Court became a check on Con-gress and the president by ruling on the consti-tutionality of laws and presidential acts. Thesystem has been successful in maintaining a bal-ance of power among the branches of the federalgovernment and limiting abuses of power.

National CitizensThe Constitution created citizens of the

United States. It set up a government in whichthe people choose their officialsdirectly orindirectly. Officials answer to the people ratherthan to the states. The new government pledgedto protect the personal freedoms of its citizens.

With these revolutionary changes, Americansshowed the world that it was possible for a peo-ple to change its form of government throughdiscussion and choicerather than throughchaos, force, or war. The rest of the worldwatched the new nation with interest to seewhether its experiment in self-governmentwould really work.

Explaining Why does the Constitu-tion divide government power among the legislative, execu-tive, and judicial branches?

Citizenship

The Constitutional DebateThe delegates at Philadelphia had produced

the Constitution, but its acceptance dependedupon the will of the people. Gaining approval ofthe Constitution, with its radical new plan ofgovernment, was not going to be easy. Support-ers and opponents prepared to defend theirpositions.

Before the Constitution could go into effect,nine states needed to ratify, or approve, it. Statelegislatures set up special ratifying conventionsto consider the document. By late 1787 theseconventions started to meet. Rhode Island stoodapart. Its leaders opposed the Constitution fromthe beginning and therefore did not call a con-vention to approve it.

A great debate now took place throughout thecountry. In newspapers, at public meetings, and inordinary conversations, Americans discussed thearguments for and against the new Constitution.

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FederalistsSupporters of the new Constitution were

called Federalists. Better organized than theiropponents, Federalists enjoyed the support oftwo of the most respected men in AmericaGeorge Washington and Benjamin Franklin.

had some dedicated supporters. They respondedto the Federalists with a series of their ownessays, now known as the Antifederalist Papers.Their main argument was that the new Constitu-tion would take away the liberties Americanshad fought to win from Great Britain. The Con-stitution would create a strong central govern-ment, ignore the will of the states and the people,and favor the wealthy few over the commonpeople. Antifederalists preferred local govern-ment close to the people. An energetic centralgovernment, they feared, would be governmentby a small, educated group of individuals. Theyagreed with Patrick Henry, who warned that theConstitution was incompatible with the geniusof republicanism.

Protecting RightsPerhaps the strongest criticism of the Consti-

tution was that it lacked a bill of rights to protectindividual freedoms. Antifederalists believedthat no government could be trusted to protectthe freedom of its citizens. Several state conven-tions took a stand and announced that theywould not ratify the Constitution without theaddition of a bill of rights.

Mercy Otis Warren, a Massachusetts oppo-nent of the Constitution, expressed the problemfaced by many Antifederalists. She admitted theneed for a strong government but feared it.

We have struggled for liberty and made costlysacrifices . . . and there are still many among uswho [value liberty] too much to relinquish . . . therights of man for the dignity of government.

In many ways the debate between Federal-ists and Antifederalists came down to their dif-ferent fears. Federalists feared disorderwithout a strong central government. Theybelieved that more uprisings like ShayssRebellion would occur. They looked to theConstitution to create a national governmentcapable of maintaining order. The Antifederal-ists feared oppression more than disorder. Theyworried about the concentration of power thatwould result from a strong national government.

Explaining According to theAntifederalists, why was a bill of rights important?

212 CHAPTER 7 A More Perfect Union

Three of the nations most gifted politicalthinkersJames Madison, Alexander Hamilton,and John Jayalso backed the Constitution.

Madison, Hamilton, and Jay teamed up towrite a series of essays explaining and defendingthe Constitution. These essays appeared innewspapers around the country and werewidely read by Americans of every persuasion.Called The Federalist Papers, they were later pub-lished as a book and sent to delegates at theremaining ratifying conventions. ; (See page 986 of the Appendix for an excerpt from The Federalist Papers .)

Jefferson described the series of essays as

the best commentary on the principles ofgovernment which was ever written.

AntifederalistsThe Federalists called those who opposed rat-

ification Antifederalists. Although not as wellorganized as the Federalists, the Antifederalists

Antifederalist Mercy Otis Warren feared that theConstitution would make the central governmenttoo powerful. What was the biggest criticismof the Constitution by Antifederalists?

History

That left three statesNew York, North Car-olina, and Rhode Islandto ratify. In July 1788,New York finally ratified it by a narrow margin.North Carolina ratified in November 1789, andRhode Island ratified in May 1790.

After ratification came the celebrations.Boston, New York, and Philadelphia held bigparades accompanied by cannon salutes andringing church bells. Smaller celebrations tookplace in hundreds of American towns.

The task of creating the Constitution hadended. The Bill of Rights would be added in1791, after the new government took office.Now it was time for the nation to elect leadersand begin the work of government.

Explaining Why was the support ofNew York and Virginia vital to ratifying the Constitution?

Checking for Understanding1. Key Terms Define the following

terms: Enlightenment, federalism,article, Electoral College, checksand balances, ratify, Federalist,Antifederalist, amendment.

2. Reviewing Facts What influence did John Locke have on Americangovernment?

Reviewing Themes3. Civic Rights and Responsibilities

Why did the Framers of the Constitu-tion believe that a division of powersand a system of checks and balanceswere necessary in a government?

Critical Thinking4. Finding the Main Idea What do you

think was the most important reasonfor establishing a strong central gov-ernment under the Constitution?

5. Comparing Re-create the diagrambelow. Describe the differencesbetween Hamiltons and Henrysviews on the Constitution.

Analyzing Visuals6. Political Cartoons Study the politi-

cal cartoon on this page. Thenanswer the questions that follow.What do the pillars represent? Howdo the last two pillars appear?

CHAPTER 7 A More Perfect Union 213

Citizenship Refer to the Bill ofRights on pages 244245. Collectphotographs from newspapers ormagazines that illustrate the free-doms guaranteed in the Bill ofRights. Put your photos on a posterentitled Pictures of Liberty.

A cartoon published in 1788 celebrates NewHampshire becoming the ninth state to ratify theConstitution. From the cartoon, which was thefirst state to ratify?

Analyzing Political Cartoons

Views on the Constitution

Hamilton Henry

Adopting the ConstitutionOn December 7, 1787, Delaware became the

first state to approve the Constitution. On June21, 1788, the ninth stateNew Hampshireratified it. In theory that meant that the new gov-ernment could go into effect. However, withoutthe support of the two largest statesNew Yorkand Virginiathe future of the new governmentwas not promising. Neither state had ratified yet,and both had strong Antifederalist groups.

In Virginia, Patrick Henry gave fiery speechesagainst the proposed Constitution. It did not, he charged, sufficiently limit the power of thefederal government. Still, Virginia ratified theConstitution at the end of June 1788, after beingassured that the Constitution would include abill of rights amendment. An amendment issomething added to a document.