The US Constitution (AQA A-Level Politics): Revision Notes

The US Constitution

Origins of the US Constitution

After the American Revolution, the newly independent states needed a system of government. Their first attempt was the Articles of Confederation, which created a loose alliance of 13 states with minimal central authority and no president. Each colony had fought hard for independence and was reluctant to surrender power to a distant central government.

However, this arrangement quickly proved unworkable. Events such as Shays' Rebellion in 1787 exposed critical weaknesses. This armed uprising consisted of former Revolutionary War soldiers who had become farmers and opposed Massachusetts' harsh economic policies.

The solution was the Constitutional Convention, held in Philadelphia from May to September 1787. Fifty-five delegates, known as the Founding Fathers, gathered to draft a new constitution. Key figures included George Washington, Alexander Hamilton and Thomas Jefferson. The document required ratification by nine of the 13 states before it could take effect, which was achieved in June 1788 when New Hampshire became the ninth state to ratify.

Key features of the US Constitution

The US Constitution is the document containing the fundamental rules and framework for America's government. Although drafted in 1787, it has been amended 27 times, making today's version longer than the original.

Creating a constitution for the new nation involved heated debates and compromises. The final document contained several important and enduring features:

Representative government, not democracy

The original Constitution did not promote universal suffrage or direct democracy. There were no requirements for secret ballots or one person, one vote. The only reference to elections stated that the timing and manner of holding elections for senators and representatives would be decided by each state legislature.

Fear of mass democracy

Many Founding Fathers were sceptical of direct democracy. Alexander Hamilton questioned whether a democratic assembly that regularly changed with public opinion could steadily pursue the common good. He believed only a permanent body—the Constitution itself—could check what he called "the imprudence of democracy."

A product of its time

The Constitution reflected the perspectives and prejudices of its authors. All the Founding Fathers were white, Christian males. Nearly all owned slaves and most owned land.

Silence on slavery

Slavery was integral to the economy and society of several states, particularly in the South, where enslaved African-Americans were forced to work on cotton and tobacco plantations. The Constitution remained diplomatically silent on slavery, avoiding direct mention of this controversial institution.

An important related provision was the three-fifths clause. This was not designed to grant enslaved people voting rights. Instead, it was solely used for calculating representation in the House of Representatives—enslaved people would count as three-fifths of a free person. This clause was later repealed by the Fourteenth Amendment in 1868.

Framework, not rights

The original Constitution focused on governmental structure and processes, not individual rights. Personal freedoms first appeared in 1791 with the first ten amendments, collectively known as the Bill of Rights. These amendments protect civil liberties such as freedom of speech and religion from government interference.

Order of the articles

The sequence of articles was deliberate. Congress appears first, suggesting it was considered the principal institution. The president comes second and was envisaged more as a troubleshooter, international representative and focus for unity than as a dominant authority figure.

The Supreme Court appears last, with its role lacking specific detail. The Constitution specified no requirements for judges regarding age, number or nationality. There was no mention of judicial review or the Court's role in interpreting the Constitution.

Built on compromise

The Constitution resolved several major disputes through compromise:

The Connecticut Compromise addressed tensions between small and large states, each fearing domination by the other. The solution created a bicameral legislature:

• The upper chamber (Senate) would have equal representation from every state
• The lower chamber (House of Representatives) would have representation based on population size

There was also compromise between Founding Fathers like Hamilton, who favoured strong central government, and those like Jefferson, who wanted most power to remain with individual states.

Based on negotiation and cooperation

The Constitution assumed that political relations, especially between the executive and legislature, would centre on negotiation and cooperation rather than confrontation and competition.

Fear of power and limited government

The framers accepted that governmental power was necessary for national prosperity, but they also feared its dangers. Thomas Jefferson wrote that good governance came "not by the consolidation or concentration of powers, but by their distribution."

Limited government was a fundamental principle. Power was separated and shared between states and the federal government, and divided among different federal institutions.

Vague and specific elements

The Constitution contains both vague language and precise details. Some powers are only outlined broadly. These are called implied powers—powers of federal government that are suggested by, or read into, its roles and responsibilities.

In contrast, the Constitution is remarkably specific in places. It sets minimum ages for the president (35), senators (30) and House members (25). It grants Congress the power to "coin money" and makes the president commander-in-chief. These clearly stated powers are called enumerated (or delegated) powers.

A focus of loyalty

Despite deep political polarisation and disagreements over constitutional interpretation, the Constitution itself serves as a focal point of loyalty and attachment for most Americans.

Sovereign authority

Finally, and perhaps most crucially, the Constitution is sovereign—the ultimate source of authority.

Remember!