The Bill of Rights: 1791 (First Ten Amendments)

The first United States flag

The year is 1791. After a bloody war against the British, the American colonists have won their independence. The new Americans are excited, but some people are afraid about what rights they’ll have under a new government. They’ve already suffered under the heavy hand of the British king. Now, some American leaders want to create a list of rights to define what rights American citizens will have.

Leaders of the new United States of America have already written a Constitution that explains exactly how the new government will work. The only problem? It can’t take effect until it’s approved by the new states. And there are some state leaders who don’t like it. Known as the Anti-Federalists, these people don’t even like the Constitution. They fear a strong central government, and they are demanding that the Constitution include a list of citizens’ rights. Without such a list, they warn the national government will violate people’s rights. They’re threatening to stop the Constitution from being approved unless a list is added.

But another group, known as the Federalists, insists the Constitution alone is enough to protect citizens’ rights. They warn that it’s impossible to list every single right that citizens should have. But once rights are written, the government could take advantage by violating rights that aren’t on the list.

American leaders met in private to discuss what the new Constitution should include. An artist in the 1800s imagined what the scene might have looked like and painted this image of George Washington talking to the group. Washington was a federalist.

Both sides are convinced they’re right. To move forward, they hammer out a compromise: The Bill of Rights. Instead of including a list of rights in the main part of the Constitution, they add it as the first ten amendments, or changes, to the Constitution. One of these amendments assures that the rights listed are not the only rights citizens have. 

There are three main categories of rights: individual freedoms, protections against government abuse and power, and rights of people accused of crimes.

As time went on, later amendments added more rights to the Constitution. Amending the Constitution is not an easy process—and it’s not supposed to be. But the difficult process has meant that important rights were slow to evolve. After the bloody Civil War was fought between the northern and southern states, African Americans who had been enslaved in the United States gained their freedom. In the 1860s and 70s, the 13th, 14th, and 15th Amendments added rights for former slaves and people of color. In the 20th century, the 19th and 26th Amendments added voting rights for women and citizens as young as 18. Even today, people are campaigning to amend the constitution to add rights for groups that are still disadvantaged. (Icivics.org)

Suffragettes in the 1910s fight for women’s right to vote. Women won the right in 1919

Video on the Bill of Rights

Article I: US Constitution: Legislative Branch

What is Article 1 of the Constitution?

Article 1 of the U.S. Constitution gives Congress its powers and limits. Congress is the legislative branch of the government, meaning they are the ones to make laws for the United States of America. The article also creates the two sections of Congress, which is called a bicameral legislature. The first of the two is the Senate, which is made up of two senators from each state. The second is the House of Representatives, which has representatives from each state based on the population.

How is Article 1 Broken Down?

Article 1 of the U.S. Constitution has ten parts, or sections. Within each section, the article is broken down even more into clauses.

Section 1

Section 1 of Article 1 is known as the vesting clause. This clause gives Congress of the government’s power to make laws. There are similar vesting clauses in article two and article three, which give powers to the other branches of the government. This means no other branch is allowed to exercise the same power. 

Section 2

Section 2 of Article 1 gives information about the United States House of Representatives. This part of Article 1 says that there will be elections for members of the House of Representatives every second year.  These representatives are voted in by the people, meaning the citizens of each state will choose the representatives. Any representative who decides to run for a seat on the House of Representatives bust be at 25 years old, and must have been an American citizen for at least 7 years. He or she must also live in the state that he or she wishes to be a representative for

Section 3

Section 3 of Article 1 describes explains how the Senate should be. This section says that there will be two Senators for each state, and they will have 6 year terms. In order to be a Senator, a person has to be at least 30 years old, and must have been an American citizen for at least 9 years. He or she must also live in the state that he or she wishes to be a representative for

Section 4

Section 4 of Article 1 explains that the States have the power to determine where, when, and how elections will be held for Senators and Representatives. The section also states that Congress must meet at least once each year, and this meeting must be on the first Monday in December.

Section 5

Section 5 of Article 1 talks about how procedure should be for each House of Congress. This includes the qualifications of members, the rules they must follow, how to keep records for what happens, and how a house can adjourn.

Section 6

Section 6 of Article 1 looks at the privileges, restrictions, and compensation of anyone who is a Senator or a Representative. These civil officers get paid by the Treasury of the United States. They cannot be arrested, unless it is for a felony, treason, or a breach of peace. They also cannot take an office in the Executive government while they are still in Congress.

Section 7

Section 7 of Article explains how Congress can make acts through bills. A bill can start in either the House of Representatives or in the Senate. Once the bill is passed in both houses, it can become a law. After it is passed, it will go to the president, who can let it pass or choose to veto the bill.

Section 8

Section 8 of Article 1 gives the Enumerated Powers of congress. The enumerated powers are a list of items that Confess is specifically allowed to do. Examples of these powers include making money or setting up taxes.

Section 9

Section 9 of Article 1 is a list of limits on the powers of Congress. For example, Congress cannot create any titles for royalty, like a King.

Section 10 of Article

Section 10 of Article 1 is the last section of Article 1. Section 10 limits the powers of the states. For example, the first part of section 10 says that states do not have certain powers that the federal government has. For example, they cannot create money.

Article II : US Constitution : Executive Branch

What is Article 2 of the Constitution?

Article 2 of the United States Constitution is the section that makes the executive branch of the government. The Executive branch of the government is the branch that has the responsibility and authority for the administration throughout the day of the state. In the United States, the executive branch includes the President, and other executive officers like state governors.

How is Article 2 Broken Down?

Article 2 of the United States Constitution is broken down into four main sections. These sections are further broken down even more into clauses.

Section 1 of Article 2 of the Constitution

Section 1 has 8 different clauses that all describe the rights and role of the President and Vice President of the country.

Clause 1: This is the vesting clause which says that the President of the United States has the executive power and will hold his or her office for a four year term along with a vice president for the same term.

Clause 2: Both the president and the vice president are chosen by the electors, who are usually picked by the state legislatures. Each state can choose as many electors as it has senators and representatives for that state.

Clause 3: Once the electors are chosen, they will meet in their state to vote on who shall be President and Vice President. Originally, the person with the most votes would become President while the second highest would become Vice President. However, after the passing of the 12th Amendment, Electors would vote once for a President and once for a Vice President.

Clause 4: Congress has the power to decide when Election Day will be held. Currently, the states choose their electors on the Tuesday after November’s first Monday. The electors then vote on the second Wednesday of December.

Clause 5: In order for an individual to be qualified to be President or Vice President, he or she must be a natural born citizen, at least 35 years old, and must have lived in the United Starts for 14 years.

Clause 6: If the President resigns, dies, is removed from office, or is not able to act out his duties, the Vice President will be responsible for replacing the President. If the Vice President is unable to continue his office, Congress must choose a suitable offer to replace him or her until the next election.

Clause 7: The President’s salary cannot change during his term. He also cannot get money from any other state or federal government.

Clause 8: The President must take an oath before entering his office

Section 2 of Article 2 of the Constitution

Section 2 has three different clauses that talk about the powers given to the President.

Clause 1: The President of the United States is the commander-in-chief of the military. This clause also creates a Cabinet of senior executive officers who assist the President in his duties.

Clause 2: This clause is called the Advice and Consent clause, which means that the President can use his powers only by getting help and approval of the United States Congress.

Clause 3: The President has the power to appoint officers during recesses of the court, but these appointments expire once the next session of the Senate begins.

Section 3 of Article 2 of the Constitution

Section 3 has five different clauses that talk about the responsibilities of the President.

Clause 1: The President has to give Congress information occasionally through a State of the Union address.

Clause 2: The President can call for sessions of the House of Representative, the Senate, or both.

Clause 3: The President will receive all foreign ambassadors.

Clause 4: The President must work to ensure that all laws are faithfully executed.

Clause 5: The President has the power to commission the officers of the United States, including those in the military or the foreign service.

Section 4 of Article 2 of the Constitution

Section 4 is the last section of Article 2. This section talks about impeachment of the President, Vice President, or any civil officers like Cabinet Secretaries or judges. 

Anatomy of the US Constitution: The PREAMBLE

The U.S. Constitution is the document that creates our nation’s government. The contents of the Constitution create the three branches of our government and give directions for how the federal government works. (It does this with a little over 4,500 words covering only four sheets of paper!) Although the Constitution was written in 1787, over 220 years ago, it still guides our officials in running our country today. It is the oldest written constitution in the world that is still in use. 

Introducing… The Preamble 

Our Constitution is divided into nine parts. The first paragraph is called the Preamble. Its job is to introduce the Constitution, explain what the Constitution is meant to do, and describe the purpose of the new government. The first three words of the Constitution

— ”We the People”—contain the important idea of self-government.

Government on Two Levels

The United States Constitution creates a central government known as the federal government. The federal government deals with issues that affect the entire country. Each state also has its own state government that only handles the affairs of that state. 

This division of power between a central government and state governments is called federalism. The federal government gets all of its power from the Constitution. In order to keep the federal government from becoming too powerful, the Constitution says that any power not given to the federal government is a power the states or the people keep for themselves. These powers are said to be reserved to the states. There also a few powers that both the states and the federal government share! These are called concurrent powers because concurrent means happening at the same time.

**Federalism: The division of power between the national and state government.

**Federal: a word that refers to national government.

The Supremacy Clause

Before the Constitution, the United States tried another government that was very weak. It wasn’t able to get much done because states could just ignore all the laws it passed—and they did! The Constitution has some very important language to prevent this:

This Constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.

That means federal laws passed by Congress are supreme—they are superior to state laws. The Founders of our country learned from experience that this was necessary in order for the federal government to keep the power the Constitution gives it.

Federal Power: Expressed Powers

The Constitution gives Congress two types of powers. The most obvious type is expressed powers. When you express yourself, you state how you feel. Similarly, expressed powers are actually stated, or “expressed,” in the Constitution. Each branch has expressed powers, but you mostly hear this term in reference to Congress. That’s because the Constitution gives a long list of powers that Congress has. 

For example, Congress has the power to coin money, declare war, and establish immigration laws. 

Some of the president’s expressed powers include negotiating treaties with other countries, nominating justices to the Supreme Court, and pardoning people who have committed a federal crime.

Federal Power: Implied Powers

Implied powers are not expressly stated in the Constitution. When you imply something, your intention is clear even though you don’t actually say it. For example, if you have permission to go to the mall, you probably also have permission to go into the stores in the mall. Permission to go into the stores is implied. 

In the Constitution, the implied powers of Congress come from the Necessary and Proper Clause. This is a part of the Constitution that says Congress may make any law that is “necessary and proper” for 

carrying out its expressed powers. So the Constitution doesn’t say Congress has the power to create a Postal Service website, but it does say Congress can establish post offices. Permission to create the website is implied because it is “necessary and proper” to running the post office.

Constitutional Convention: 1787-1790

It was soon becoming apparent that the Articles of Confederation were insufficient as a means of governing the nation. Important legislators such as Thomas Jefferson and James Madison quickly realized the importance of establishing national laws to prevent the states from becoming independent countries on their own. The new United States was on the verge of collapse due to a lack of monetary funds, and a series of rebellions. Shays’s Rebellion, in Massachusetts, was an uprising of debtor farmers led by Daniel Shays that resulted in a failed attempt to seize a federal arsenal in Springfield.

The Constitutional (Philadelphia) Convention was called in 1786, and held at Independence Hall in 1787. 55 men from throughout the colonies convened for the purpose of strengthening the Articles of Confederation. George Washington was chosen to preside over the convention. From the start of the convention, controversy arose concerning voting on legislation. Larger states such as Pennsylvania wanted their votes to count more than smaller states because they represented larger populations. Smaller states such as Rhode Island and New Jersey feared that their interests would be ignored.

On May 29, 1787, Virginia governor Edmund Randolph presented the Virginia Plan, a compilation of proposals drafted by future president James Madison. Madison proposed a three-tiered government with a legislative branch consisting of two houses (Senate and House of Representatives) that would make laws, an executive branch to carry out the laws, and a judicial branch to enforce the laws. Madison’s proposal also called for proportional representation in both houses of the legislative branch. This meant that states would be represented based on their populations or the amount of tax payments paid. Furthermore, the House of Representatives would be elected by the people, and the Senate would be elected by the representatives. To quell the rising tide of state sovereignty (independence), The Virginia Plan would authorize the national government to have direct authority over American citizens, as well as to negate any state laws that were not deemed in the best interest of the United States.

While the larger states seemed to support the Virginia Plan, the smaller states began to voice their opposition. William Paterson, from New Jersey, warned that his state would never go along with the plan, and Roger Sherman, from Connecticut opposed the popular election (by the people) of representatives. Others, such as Alexander Hamilton, claimed that the Virginia Plan was too democratic, and failed to protect the government against the passage of popular, but ultimately, harmful laws. Nevertheless, the Virginia Plan was voted (7 states to 3) as the convention’s basis for deliberations. Thus, the Articles of Confederation would be effectively replaced rather than amended.

The issue of equal versus proportional representation, however, was the most contentious issue and threatened to destroy the deliberations, and perhaps, the new nation. The smaller states would not agree to any plan in which the larger ones had more votes. On July 5, 1787, a special committee was formed to try to come to a compromise regarding the issue of representation. The Great Compromise, as it came to be known, formed an alternative plan in which the House of Representatives would include one state delegate for every 40,000 citizens of a particular state, and the Senate would have the same number of delegates, regardless of population, for each state. On July 16, five states voted for the plan, and four (the larger states) voted against it. It was a victory for the smaller states.

On July 26, another committee was formed to begin drafting what would become the U.S. Constitution. On August 17, 1787, the Constitution was signed. The Constitution was first ratified by Delaware on December 7, 1787, and then by Pennsylvania on December 12. Although wealthy and powerful citizens in many states were reluctant to lend support to the Constitution because they would be relinquishing some powers, influential officials such as Benjamin Franklin and George Washington voiced their support for the Constitution which helped sway popular opinion. Alexander Hamilton and James Madison were among those who wrote The Federalist – a series of political essays written to promote ratification of the Constitution. By 1790, all thirteen colonies ratified the constitution and became states.

The Great Compromise: 1787

Delegates to the Constitutional Convention came from different backgrounds and held different political views. For example, they argued about how many representatives each state should be allowed. 

*The larger states favored the Virginia Plan. According to the Virginia Plan, each state would have a different number of representatives based on the state's population. 

*The smaller states favored the New Jersey Plan. According to the New Jersey Plan, the number of representatives would be the same for each state.

The Great Compromise:

A delegate from Connecticut, Roger Sherman, proposed a two-house legislature, consisting of a Senate and a House of Representatives. 

The Senate would have an equal number of representatives from each state. This would satisfy the states with smaller populations. 

The House of Representatives would include one representative for each 30,000 individuals in a state. This pleased states with larger populations.

This two-house legislature plan worked for all states and became known as the Great Compromise.