US History

Revolution and the New Nation (1754-1820s)

Law and Government

This collection uses primary sources to explore the creation of the US Constitution.

An 1884 illustration by Howard Pyle from *Harper’s Magazine*, “Shays' mob in possession of a court-house.” 

The Articles of Confederation, ratified in 1781. 

A photograph of eighteenth-century colonial currency from Delaware. 

An illustration of Independence Hall in Philadelphia.

An illustration of the Constitutional Convention of 1787. 

The voting record of the Constitutional Convention, 1787. 

*The Federalist Papers* No. 51 by James Madison.

An 1880 print by Henry Bryan Hall showing Patrick Henry addressing the Virginia Assembly. 

An image and biography of delegate John Dickinson, author of *Letters from a Pennsylvania Farmer*. 

The Bill of Rights, comprised of the first ten amendments to the US Constitution, 1789.

Congress of the United States

begun and held at the City of New-York, on

Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second... No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third... Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth... A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article the fifth... No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh... No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth... In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth... In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Article the tenth... Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh... The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth... The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

ATTEST,
Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate


A letter from George Washington to the governor of North Carolina, thanking North Carolina for ratifying the US Constitution. 

To

The Governor & Council of the State of North Carolina

 
Gentlemen,

 
I entreat you to be persuaded that nothing could have been more agreeable to me, than the proofs contained in your affectionate address of the friendly sentiment entertain-ed by you for my person, as well as for the Government which I have been appointed by my Countrymen to administer. And I reci-procate, with heartfelt satisfaction, your con-gratulations on the completion of the Union of all the States: an event, in my judgment, pregnant with more salutary consequences, than can easily be expressed or conceived.
It will ever be my first wish and most strenuous endeavor, to justify, so far as may be in my power, the confidence which my fellow citizens have thought proper to repose in me, by exerting every pow-er vested in the President of the United States by the Constitution, for the happiness and prosperity of our Country; and by giving efficacy to such a system as will ensure the general welfare and conciliate the public mind.
 

G
 

[page two]
 

I desire, Gentlemen, to make acceptable to you my acknowledgments for the kind concern you take in the restora-tion of my health and preservation of my life; and in the retribution I may receive after the conclusion of this mortal existence. May you, and the State in whose government you have the principal agen-cy, be also the peculiar care of Divine Providence.
 

G. Washington
 

United States
August 26th 1790

An illustration of the one-dollar coin minted by the United States government under the US Constitution (1794).

Questions

For this set, students will need to have access to the full text of the US Constitution and its amendments in addition to the sources in this set. This is usually available in the appendix section of any textbook or can be found online here: [http://www.archives.gov/exhibits/charters/constitution_transcript.html](http://www.archives.gov/exhibits/charters/constitution_transcript.html)

1. Look at the [depiction of Shays’ Rebellion](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/420). Why do you think that this “mob” uprising of disillusioned, bankrupt Revolutionary War veterans particularly frightened state authorities and convinced them that the Articles of Confederation provided an insufficient form of government?
2. Look at the images of [Delaware currency](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/420) and [US currency](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/431). Why do you think that the need for a unified currency and national regulation of trade within the United States provided a strong motivation for ordinary citizens and businesspeople to support the new constitutional government? Review Article I, Section 8 of the Constitution and list what powers were granted to the federal government to regulate trade and currency.
3. James Madison wrote about a possible solution to lessen the fears of dictatorship that made Americans hesitant to support a strong central government. Read the first page of [The Federalist Papers No. 51](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/426) and explain how Madison thought that tyranny could be avoided through dividing the federal government into distinct branches.
4. Some anti-federalists such as [Patrick Henry](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/427), who had famously exclaimed “Give me liberty or give me death” in support of the revolutionary cause, and [John Dickinson](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/428), author of *Letters from a Pennsylvania Farmer*, often cited their experience as Revolutionary War veterans as a reason for opposing a strong central government or “federalism.” What do you think is the connection between their service to the revolutionary cause and their opposition to a strong federal government?
5. Some reluctant delegates were won over to support the new Constitution when the [Bill of Rights](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/429), or the first ten amendments, was included. Read a modern, printed, transcription of the Bill of Rights, and list five ways in which the power of the federal government was limited by these amendments.

Activity

Project the historic [illustration of Independence Hall](http://dp.la/primary-source-sets/creating-the-us-constitution/sources/423) in Philadelphia. Ask students how the Hall and the area around it would look different today? Then, project an image of the Hall and the area around it taken recently (you can find many of these images at the [National Park Service’s site](http://www.nps.gov/inde/index.htm)) and ask for their impressions of how it looks today and any differences from the original image. Ask students how times have changed in the United States since the Constitution was drafted in 1787. Then, assign them the following activity to work on in pairs: You and your partner have been selected by the National Park Service to design a plaque outside of Independence Hall, and have been requested to convey how the Constitution has stood the test of time and still guides American government today. After students have created rough sketches of their plaque proposals, ask them to share these with the class.


Teaching Guide: Exploring the US Constitution

Resources

1. [Constitution of the United States: A History](http://www.archives.gov/exhibits/charters/constitution_history.html), National Archives and Records Administration. 
2. [Primary Documents in American History: United States Constitution](http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html), Library of Congress. 
3. [Drafting, Debating, and Ratifying the Constitution](https://investigatinghistory.ashp.cuny.edu/module3.php), City University of New York. 

Overview

The creation of the US Constitution begins with the Articles of Confederation, drafted during the Revolutionary War. Their ratification in 1781 formed a weak federal authority that operated as a collective of individual, highly autonomous states. However, within a few short years the limitations of the Articles of Confederation became evident. Insufficient central control over currency led to astronomical inflation. Insufficient taxes to pay for a standing military made the newly independent nation vulnerable to foreign attack. Domestic turmoil, most notably Shays’ Rebellion in Massachusetts, highlighted the need both for economic management that would allow the government to fulfill its debt obligations and governmental authority capable of quelling insurrections. Additionally, even founders who feared strong central government were frustrated by trade barriers that some states had erected against other states. Prior to the Constitutional Convention, the Mount Vernon Conference paved the way for interstate commerce agreements related to use of rivers and waterways, and the Annapolis Convention objected to state-issued tariffs and called for a national convention to strengthen federal regulation of trade. Together, these two events provided an economic impetus for the creation of the Constitution and a stronger federal government capable of regulating currency and interstate trade.

In 1787, a convention of representatives from each state was formed in Philadelphia. Although it was convened for the purpose of revising the Articles of Confederation, the attendees at the Constitutional Convention instead chose to draft a plan for a new government of the United States, one that would feature strong federal power, divided into branches, but preserve some authority to be held by the thirteen states. The convention featured a series of compromises about the method of counting slaves for purpose of determining state population and the balance of interests of large and small states when determining representation in Congress. Lastly, the ten amendments known as the Bill of Rights were added to address the concerns of delegates who sought protections of individual liberties. 

English

Creating the US Constitution

creating-us-constitution_05_b3aa47a3284b8fe7cfe6d9b95a10401e.jpg

Kappes, Alfred, “Convention at Philadelphia, 1787,” Digital Public Library of America, https://dp.la/item/b3aa47a3284b8fe7cfe6d9b95a10401e.

An illustration of the Constitutional Convention of 1787.

Cite this item

Tips for Students

Item 5 of 12 in the Primary Source Set Creating the US Constitution