Notes
Writing the Constitution
- The Constitutional Convention (1787) produced the Great Compromise (House by population, Senate equal), the Three-Fifths Compromise and the Electoral College.
- Federalists defended the Constitution in The Federalist Papers (No. 10 on factions, No. 51 on checks and balances). Anti-Federalists (Brutus No. 1) feared centralized power. A promised Bill of Rights (1791) helped secure ratification.
Structure and principles
- Preamble, seven articles, 27 amendments. Article I Congress, II president, III courts, IV states, V amendments, VI supremacy, VII ratification.
- Principles: popular sovereignty, limited government, rule of law, separation of powers, checks and balances, federalism and judicial review (Marbury v. Madison, 1803).
Changing the Constitution
- Formal: proposed by 2/3 of both houses (or a convention called by 2/3 of states), ratified by 3/4 of states (38).
- Informal: court interpretation, laws, executive actions and customs such as the Cabinet.
Topics in this unit
Each topic has its own short notes and practice.
Practice
Article III creates the Supreme Court and lets Congress create lower courts.
300 of 435 and 70 of 100 are both more than two-thirds, so the veto is overridden.
Ratification requires three-fourths of the states, which is 38.
Madison argued that many competing factions keep any one from dominating.
Courts use judicial review to rule laws unconstitutional.
The Cabinet grew from custom; the others were formal amendments.
Free response
Write your answer first, then open the scoring guide.
Free-response question
The framers designed the Constitution to prevent any one person or group from gaining too much power.
(a) Define separation of powers and identify the main job of each branch.
Show the answer and scoring guide
Separation of powers divides national power among three branches. Congress makes the laws, the president carries out (executes) the laws, and the courts interpret the laws.
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(b) Describe TWO checks and balances, naming which branch checks which.
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The president can veto bills passed by Congress, which checks the legislative branch. The Senate must confirm the president's nominees to the federal courts, which lets Congress check both the president and the judiciary.
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(c) Explain why the framers made the formal amendment process difficult, and describe its steps.
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They wanted the Constitution to change only when there was broad national agreement, not because of a temporary majority. An amendment must be proposed by two-thirds of both houses of Congress (or a national convention called by two-thirds of the states) and then ratified by three-fourths of the states.
Check off the points you earned: