Student Study Guide – Unit 4: Writing The Constitution, 1783 – 1791
MAJOR ERAS AND EVENTS IN THIS UNIT

The Constitutional Era, 1783 – 1791
o
Shay’s Rebellion in 1786
o
The Philadelphia Convention of 1787 (The Constitution was written and debated here)
o
The Debate over Ratification of the Constitution: The Federalists vs. the Anti-Federalists
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The Ratification (or passage in Congress) of the U.S. Constitution (took 9 out of 13 States to vote yes for
ratification – the 9th State to ratify it was New Hampshire, therefore making it “operational” for the
nation)
o
The Election of George Washington as President in 1789
o
The Creation of the Bill of Rights in 1791
SIGNIFICANT DATES THAT YOU MUST KNOW

1787 – The writing and debating of the U.S. Constitution at the Philadelphia Convention (the meeting called by
the states to revise the Articles of Confederation)
ISSUES SURROUNDING IMPORTANT EVENTS OF THE AMERICAN REVOLUTION

Writing the Articles of Confederation – This occurred at the Second Continental Congress in 1776, after
independence was declared from Great Britain. The Articles created a new framework of government, separate
from Great Britain, for the now-independent colonies. The new government included one branch, which had a
national Congress that included only one representative from each of the former colonies
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“A firm league of friendship” – The Articles created a situation where “each state retains its sovereignty,
freedom and independence.” The idea was that each state acted as its own country, with all 13 countries
gaining mutual profit through friendship and cooperation with each other. However, this situation would make
the nation very weak and keep the government from being effective or efficient.
STRENGTHS AND WEAKNESSES OF THE ARTICLES OF CONFEDERATION
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The Strengths of The Articles
1. “States’ Rights” – Certain powers and laws remained with the individual states to decide and enforce
(this was the result of strong fear of future tyrannical leaders)
2. It created a confederation of states which each state had an equal voice in the national Congress
3. Congress had the powers that all the states agreed it needed: the power to make war and peace, sign
treaties, raise an army and navy, print money, and set up a postal system
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The Weaknesses of The Articles
1. There were NO national taxes – Without the ability to gain national revenue to pay for the army, the
navy, or other national interests, the Congress had no ability to run the government efficiently or
effectively. They had to ask the states for money, and the states often ignored the request
2. There was no federal court system – Congress did not have the ability to settle disputes between states,
even disputes over state boundaries
3. Congress did not have the power to regulate commerce (meaning quarrels about taxes on goods that
crossed state borders went unresolved
4. There was no federal leader – Congress DID have a president, but that president was not in charge of the
national government, just Congress (that means there wasn’t an actual “Executive” to lead the country)
5. There was a very limited military – The states decided to rely on their local militias, which provided little
protection to the nation as a whole
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Shay’s Rebellion – a violent, but short-lived, rebellion that showed the government could not keep order under
the Articles of Confederation and that a stronger form of national government was needed
o
Shay’s Rebellion was an event in 1786 that started because many poor farmers (many of them veterans
of the Revolutionary War) were having their farms taken away (or they were being thrown into debtor’s
prison) by the State of Massachusetts. The farmers staged a violent uprising against the state, but the
uprising was quickly defeated by the Massachusetts State Militia.
ISSUES OF THE CONSTITUTIONAL CONVENTION OF 1787

The Philadelphia Convention of 1787 - Was called to address the problems with the Articles of Confederation;
James Madison introduces an important new plan
o
o
Issue #1: Representation in the National Legislature
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The Virginia Plan (The Large State Plan) – Proposed by James Madison of Virginia. It was a plan
that proposed representation based on population size (it was meant to give more power to
states that had larger populations, which people from larger states said was the most fair
solution). Within this plan, Madison also laid out terms to create different branches of
government with separate responsibilities (a separation of powers)

The New Jersey Plan (The Small State Plan) – Proposed by William Patterson of New Jersey. It
was a plan that proposed equal representation among all states, regardless of the size of the
population of that state (it was meant to give more power to the states that had smaller
populations, which were scared to death of being taken advantage of by the larger states)
Compromise #1: Representation in the National Legislature

The Great Compromise – This compromise resulted in a bicameral (or two-house) legislature
with the House of Representatives (the lower house – meant to represent the common people
of the nation) based on population and the Senate (the upper house – meant to represent the
more educated, aristocratic people of the nation; still seen as the more prestigious house today)
maintaining equal representation from all states
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This action created a Congress that separated power into three different branches
o
Issue #2: How slaves should be counted in the National Legislature regarding population and for taxation
purposes
o
Compromise #2: Slaves shall be counted IN PART for the purposes of representation in the National
Legislature and for taxation
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The Three-Fifths Compromise – Three out of every five people of the slave population would be
counted when setting direct taxes on the states and the three-fifths ratio would also be used to
determine representation in the legislature, allowing the states with large numbers of slaves to
have more power in the House of Representatives.
ARGUMENTS FOR AND AGAINST RATIFICATION OF THE CONSTITUTION
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
The Arguments For and Against the Constitution
o
Federalists – The Federalists supported the ratification of the Constitution and the idea of having a
federal government (hence, why they were known as Federalists). They argued for a stronger national
government because under the Articles of Confederation, the weak national government set the United
States up for failure
o
Anti-Federalists – The Anti-Federalists were people who did not believe that the Constitution (as it was
written in Philadelphia in 1787) would work for the United States; some of the Anti-Federalists believed
the Constitution did not do enough to protect states’ rights or to keep the federal government from
turning into a tyranny in the long run, and some of the Anti-Federalists liked most of what they saw in
the Constitution, but felt that they could not support it without a very specific Bill of Rights (or a list of
amendments that protected individual rights) attached to it. The Anti-Federalists argued that states’
rights should remain the priority in key issues and many of them had the opinion that Americans fought
the Revolution to get away from strong central government. Their priority was the protection of
individual liberties.
The Eventual Compromise
o
The U.S. Bill of Rights (1791) – After James Madison promises that he himself will write the Bill of Rights
and add it to the U.S. Constitution, some of the Anti-Federalists agree to support the ratification. The
Constitution is then ratified by the states and the Bill of Rights is added in 1791
THE INFLUENCE OF IDEAS FROM HISTORIC DOCUMENTS ON THE U.S. SYSTEM OF GOVERNMENT

Magna Carta (1215) – This medieval document was drafted by English noblemen who were sick and tired of the
perceived abuses of King John of England. It limited the power of the King (our Constitution limits the power of
the central government)

English Bill of Rights (1689) – This post-Renaissance document was created by the popular King William and
Queen Mary of England after the Glorious Revolution of 1688-89, which was a bloodless revolution that took
Mary’s father, King James II (a very unpopular English king) off of the throne. It listed the individual rights of
English citizens (this became the model for the Bill of Rights in the Constitution, our first 10 Amendments)
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Mayflower Compact (1620) – This was written by the Pilgrims and Strangers aboard the Mayflower in 1620.
Although they were two separate groups who disagreed on several things, they agreed to establish the idea of
self-government and majority rule for their colony.

The Federalist Papers (1787-88) – This was a collection of 85 essays and articles published in newspapers
anonymously (in actuality, it was James Madison, Alexander Hamilton, and John Jay that wrote them) in support
of the ratification of the Constitution with a focus on the need for a stronger central government with restricted
powers (The Constitution sets up for a stronger central government with separated powers and a system of
checks and balances.)

The Anti-Federalist Papers (1787-88) – Various articles were published by Anti-Federalists who opposed the
Constitution because it lacked protection of individual rights. These essays, unlike the Federalist Papers, were
not organized as a single project. (When the Constitution was ratified, the first ten amendments, known as the
Bill of Rights, were added in 1791 to ensure the protection of those rights.)
THE ARGUMENTS OF THE FEDERALISTS AND ANTI-FEDERALISTS
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
The Federalists Main Argument IN SUPPORT of the Constitution – A stronger national government was needed
because under the Articles of Confederation, the weak national government set the United States up for failure
o
Alexander Hamilton – He was a lawyer from New York City and became the nation’s first Secretary of
the Treasury. He believed that a “strong union,” or strong government was necessary to avoid conflicts
between the states in the USA. He also wanted to go beyond the stated powers of the Constitution; he
used the “necessary and proper” clause to justify forming a National Bank that was necessary and
proper for the United States economy to develop; served as a delegate from New York at the
Constitutional Convention
o
James Madison – He was a lawyer from Virginia who was known as the “Father of the Constitution”
because he wrote the majority of it. He helped to write the Federalist Papers with John Jay and
Alexander Hamilton and he authored the first 10 Amendments to the Constitution (the Bill of Rights) to
compromise with the Anti-Federalists and assure them that the Constitution was the right plan for the
nation
The Anti-Federalists Main Argument AGAINST the Constitution – States’ Rights should remain the primary
concern over key issues, they remained of the opinion that we fought the Revolution to “end the tyranny” of
strong central governments, and they believed that the Constitution should focus on protecting the individual
rights of the people
o
Patrick Henry – A famous lawyer and politician from Virginia, he was so opposed to the idea of a
stronger national government that he refused to even attend the Philadelphia Convention because he
did not believe any good could come altering the Articles of Confederation, let alone from a centralized
federal government. He stated that he “smelled a rat” when the convention was called. (NOTE: This guy
was the influential leader from the Colonists’ original protest against England with his speech “Give me
Liberty, or give me Death”)
o
George Mason – He was a lawyer from Virginia and was the leader of the Anti-Federalists. He believed in
the need to restrict governmental power and supported the protection of individual rights above all else.
He served as a delegate from Virginia at the Constitutional Convention, but refused to even consider
supporting the Constitution until a “Declaration of Rights” (better known as the Bill of Rights) was put
into the document
THE RIGHTS AMERICAN CITIZENS ARE GUARANTEED IN THE BILL OF RIGHTS
1st Amendment – The freedom of speech, press, religion, and assembly
2nd Amendment – The right to bear arms for self-defense and legal usage
3rd Amendment – The government is never allowed to force the people to quarter troops during times of peace
4th Amendment – There cannot be any search and seizure without just cause
5th Amendment – The right to due process of law, to not be tried for the same crime twice (double jeopardy), and to not
ever have to testify against yourself (the rights are granted to people who have been ACCUSED of crimes)
6th Amendment – The right to speedy public trial
7th Amendment – The right to trial by jury in civil trials
8th Amendment – The right not to be required to pay excessive bail and/or cruel and unusual punishment
9th Amendment – The Individual Rights Amendment: Just because the Constitution doesn’t list certain individual rights,
that doesn’t mean the people don’t have them (meaning we have rights that are not specifically listed in the
Constitution)
10th Amendment – The Limited Government Amendment: Any rights that are not specifically given to the Federal or
National Government are reserved for the states and the people (meaning that the government may not overstep its
boundaries – it must use the Constitution to guide its actions)
THE IMPORTANCE OF FREE SPEECH AND PRESS IN A CONSTITUTIONAL REPUBLIC

Freedom of Speech and Press – This right allows for the protection of individual rights and personal freedom.
Freedom to express information, ideas, and opinions should be free of government restrictions (based on
content and cultural feelings on morality; etc.), whether it be as individual citizens or as members of the press
(employed journalists and reporters in the media)
o
This is best exemplified in Thomas Jefferson’s quote, “All tyranny needs to gain a foothold is people of
good conscience to remain silent.”
THE DEVELOPMENT OF RELIGIOUS FREEDOM IN THE UNITED STATES

1620 – 1691: After the Pilgrims and “Strangers” sign the Mayflower Compact, a self-governing church with each
congregation being independent began electing their own pastor and officers in the Plymouth Colony
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Later 1600’s: Churches in the Massachusetts Bay Colony (in the New England region) were also democratic in
that they elected ministers and other officials, but kept the church closely tied with the colonial government
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1636: Pastor Roger Williams founded the colony of Rhode Island after disagreements with the Massachusetts
Bay colonial leaders and he separated “church and state” (meaning he would not allow the government to
control the church, or vice-versa)
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1681 – 1776: William Penn’s Frames of Government guaranteed religious freedom to all settlers in Pennsylvania
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1632: Maryland founded as haven for English Catholics
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1689: The Parliament of England passed the Toleration Act, which protected religious freedom to most
Christians in the British homeland and colonies if they pledged their loyalty to the King (however, it did not apply
to Catholics and took away some religious freedom for Catholics in Maryland)

1787 - 1791: The Constitution of the United States is written in 1787 and had the 1st Amendment added to it in
1791 to protect religious freedom for all Americans
THE IMPACT OF THE FIRST AMENDMENT GUARANTEES OF RELIGIOUS FREEDOM ON THE AMERICAN WAY OF LIFE
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Freedom of Religion
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Americans have the right to be a part of any religion they choose and also worship however they choose
(so long as they are not harming anyone)
o
The government does not have the right to interfere with religious beliefs and personal freedoms (unless
someone is being harmed)
o
There can never be a State Religion – This is what is meant by the Separation of Church and State
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The government is not allowed to create an official religion for the nation nor is it allowed to tell people
that they must be a part of any religion (people may be as religious or as secular as they desire)
THE PRINCIPLES OF THE CONSTITUTION OF THE UNITED STATES

A Question of Philosophy and Compromise – When working to amend the Articles of Confederation at the
Philadelphia Convention of 1787, our Founding Fathers came from different backgrounds and they each
approached their job from different points of view. Since each of the colonies they were raised in were all
unique, the Founding Fathers had different philosophies on how government should operate and how powerful
it should be. However, they all agreed on the philosophy of limited government and were willing to compromise
on various points in order to create a government that could work for everyone
1. Limited government – The Constitution and the laws our government creates from it define the limits of those in
power so they cannot take advantage of their elected, appointed, or inherited positions. Everyone, including all
authority figures, must obey all of the laws (This is called The Rule of Law). Government is restricted by the
Constitution in what it may or may not do.
2. Republicanism – A philosophy of limited government in which elected representatives serve at the will of the
people (meaning that our leaders are put into power by the people and are also taken out of power by the
people). Government is based on the consent of the governed, and the governed have the right to vote!
3. Popular sovereignty – This is the concept that political power rests with the people – “We the People”. The
people are the only ones who can create, change, and alter government. People express themselves through
voting and free participation in government.
4. Federalism – This is the distribution or division of power between a federal government and the states within a
national union. In the Constitution, certain powers are delegated only to the states, and others are delegated
only to the federal government. In some cases, other powers are shared between the states and the federal
government.
5. Separation of powers – There are three branches included in the federal government:
(A) The Legislative Branch is also known as the "Congress of the United States" and is in charge of
making the laws; it is made up of the House of Representatives (with its representative power being
based on the size of the population of the states) and the Senate (with its representative power being
equal among all of the states).
(B) The Executive Branch is led by the ‘national executive,’ (or the President) and all of the various
departments in the Executive Branch. It is supposed to enforce or execute the laws in the United States.
(C) The Judicial Branch is also known as the "Supreme Court," (and the lower Federal Courts of the USA)
which is in charge of interpreting the laws of the United States and making sure the other branches are
acting in accordance with the Constitution.
In review,
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The powers of Congress, or the Legislative Branch, are outlined in Article I of the U.S. Constitution.
o
The President leads the Executive Branch, which carries out the laws and ensures their just application.
These powers are outlined in Article II of the U.S. Constitution.
o
The Judicial Branch consists of all the courts of the United States including the highest court, the
Supreme Court, which interprets and applies the laws, ensuring that they are just and legal according to
the Constitution. Its powers are outlined in Article III.
6. Checks and balances – This system is in place to make sure that any one branch of the government is never able
to gain too much power over the other branches (Examples: the president can veto legislation passed by
Congress, but both Houses of Congress can override the veto; the President can nominate people he wants in his
cabinet, but the Senate has to confirm these appointments; the Supreme Court may declare acts passed by
Congress or actions taken by the President as unconstitutional)
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Examples of Checks and Balances
a. The President can veto legislation passed by the Congress, but both Houses of Congress can override
the veto
b. The Supreme Court may declare acts of Congress and actions taken by the President as
unconstitutional, but the President and Congress appoint judges to the Supreme Court
7. Individual rights – Many people opposed the Constitution in 1787 because they believed it did not offer
adequate protection of our individual rights. Many prominent leaders refused to support the Constitution
unless a document was added to the Constitution for the express purpose of protecting our most important
individual rights. The Bill of Rights, ratified in 1791, was created by James Madison to correct this and reflect the
commitment of the USA to protecting its citizens’ rights. The individual rights protected in the Bill of Rights
include economic rights related to property, personal rights related to bearing arms and maintaining private
residences, and political rights related to freedom of speech, press, assembly, voter intent; etc.
THE PROCESS OF AMENDING THE U.S. CONSTITUTION AND THE PURPOSES FOR DOING SO
1. Purpose for Amending the Constitution – The Constitution can be changed or amended when it is deemed
necessary by the people (not the government) to adjust to changing times and to maintain a “living” document
that will continue to work as the nation evolves and grows.
2. Process of Amending the Constitution – There are two primary ways the people may call for an amendment to
the Constitution:
(1) A proposal by Congress (by a two-thirds vote of both houses)
OR
(2) A proposal from a convention called by two-thirds of the states.
a. Also, there are two ways that a proposal can become an amendment to the Constitution:
(1) The proposal then goes to the state legislatures to be ratified, and they must have threefourths of the states’ legislatures vote for it to pass the amendment
OR
(2) The proposal may be passed by special state conventions, and they must have three-fourths of
the delegates vote for it to pass the amendment.
KEY VOCABULARY TERMS FOR UNIT 4

Amendment – an addition or change to a document
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Compromise – a settlement of differences in which each side makes concessions to get a majority of what they
want
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Confederation – an alliance of states created for a common purpose
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Constitution (general term, not specific) – document outlining the fundamentalism principles and structures of a
government
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Federalism – political system in which power is shared between a national centralized government and a
collection of smaller state governments
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Ratification – to confirm or to formally accept something; to make something valid
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Sovereignty – the supremacy of authority or rule over something; complete independence
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Subversion – an attempt to overthrow the structures of authority; an attempt to transform the social order of
authority, hierarchy, and power in a society

Despotism – a form of government in which a single entity rules with absolute power; also known as a
dictatorship, autocracy, or oligarchy (a group of despots)

Bicameral – meaning the idea of having two separate legislative chambers; origins date back to ancient Greece
and Rome; medieval European bicameral legislatures tended to split into two groups; one house would
represent the common people and the other house represented the aristocracy

Aristocracy – a form of government in which political power lies in the hands of a small, privileged, ruling class;
the origin of the word are Greek and it means “rule by the best”

Magistracy – an officer of the state, usually referring to a judge

Principle – a fundamental truth or proposition that serves as the foundation for a system of belief or behavior or
for a chain of reasoning
Related Vocabulary
o Grievance
o Limited government
o Republicanism
o Popular Sovereignty
o Individual Rights
o Checks and Balances
o Separation of Powers
o Commerce
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