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Civics Unit 2: The Constitution and the Bill of Rights

The Constitution replaced the weak Articles of Confederation with a stronger government built on key principles and protected rights.

Covers: Articles of Confederation, the Constitutional Convention, compromises, principles of the Constitution, ratification, the Bill of Rights, amendments

Study guide

The Articles of Confederation (1781) were the first US government. They created a weak national government with a one-house Congress, no president, no national courts, no power to tax or regulate trade, and a requirement that nine of thirteen states approve laws and all thirteen approve amendments. Shays' Rebellion (1786–1787), an uprising of indebted farmers, showed the government's weakness. In 1787, delegates met at the Constitutional Convention in Philadelphia. James Madison is called the Father of the Constitution, and George Washington presided.

The delegates compromised. The Great Compromise (Connecticut Compromise) created a bicameral Congress, combining the Virginia Plan (representation by population) and the New Jersey Plan (equal representation): the House is based on population and the Senate has two members per state. The Three-Fifths Compromise counted three-fifths of enslaved people for representation and taxes. The Electoral College was created to choose the president. The Constitution's principles include popular sovereignty, limited government, separation of powers, checks and balances, federalism, republicanism and individual rights. Its Preamble begins 'We the People' and lists the government's goals, and its seven articles set up the legislative, executive and judicial branches, the states' relations, amendments, federal supremacy and ratification.

Federalists, like Madison, Hamilton and Jay (authors of The Federalist Papers), supported ratification. Anti-Federalists feared a strong central government and demanded a bill of rights. The Constitution was ratified in 1788, and the Bill of Rights, the first ten amendments, was added in 1791. It protects freedoms of religion, speech, press, assembly and petition (1st), the right to bear arms (2nd), protection against unreasonable searches (4th), rights of the accused like due process and protection against self-incrimination (5th), a speedy and public trial with a lawyer (6th), protection from cruel and unusual punishment (8th), and reserves powers to the states and people (10th). There are 27 amendments in total; amendments are proposed by two-thirds of Congress and ratified by three-fourths of the states. Key later amendments include the 13th (ended slavery), 14th (citizenship and equal protection), 15th (voting regardless of race), 19th (women's suffrage) and 26th (voting age 18).

The 4th Amendment requires probable cause, meaning a reasonable belief based on facts that a crime was committed, before police can get a warrant or make an arrest. Warrants are issued by a judge or magistrate and must describe the place to be searched and what is being sought. The 16th Amendment (1913) lets Congress collect a federal income tax. The 17th Amendment (1913) provides that senators are elected directly by the voters of each state instead of by state legislatures.

The 3rd Amendment bars forcing people to house soldiers in peacetime. The 7th guarantees a jury trial in many civil cases. The 9th says that listing some rights does not deny others the people keep. Most Bill of Rights protections apply to everyone in the US, not just citizens.

Key ideas

• The Articles of Confederation created a weak national government.
• The Great Compromise created the House (population) and Senate (equal).
• Key principles: popular sovereignty, separation of powers, checks and balances, federalism.
• Anti-Federalists demanded the Bill of Rights.
• Amendments need two-thirds of Congress and three-fourths of the states.

Formulas and rules

Common mistakes

• Thinking the Articles had a president; they didn't.
• Mixing up separation of powers (dividing branches) with checks and balances (branches limiting each other).

Words to know

Articles of Confederation

First US government, with a weak national government.

Shays' Rebellion

1786–1787 farmers' uprising that exposed the Articles' weakness.

Constitutional Convention

1787 meeting in Philadelphia that wrote the Constitution.

James Madison

Father of the Constitution and a Federalist Papers author.

Great Compromise

Created a House based on population and a Senate with equal representation.

Three-Fifths Compromise

Counted three-fifths of enslaved people for representation.

Preamble

The introduction to the Constitution beginning 'We the People.'

Limited government

Government power is restricted by law.

Separation of powers

Dividing power among three branches.

Checks and balances

Each branch can limit the others.

Federalism

Sharing power between national and state governments.

Federalists

Supporters of ratifying the Constitution.

Anti-Federalists

Opponents who wanted a bill of rights.

Bill of Rights

The first ten amendments to the Constitution.

First Amendment

Protects religion, speech, press, assembly and petition.

Due process

Fair legal procedures before the government takes life, liberty or property.

Amendment

A formal change to the Constitution.

Sample practice questions

5 more questions like these, from level 1 to 5, are in the practice set.