The Constitution

Part 1

Problems the Founding Fathers had to deal with while writing the

Constitution

• The language they used in the document – would it be too difficult for the common man to understand?

• How much power should they give the 3 branches?- Equal Power (Separation of Powers)- Checks and Balances

What did most of the Founding Fathers fear?

• Power =

• Unfair laws passed by Legislature

There are 7 Articles in the US Constitution

• I - Legislative Branch (longest article)

• II - Executive Branch

• III - Judicial Branch

• IV - Relations Among the States

• V - Amendment Procedures

• VI - Supremacy of the Constitution

• VII - Ratification

Article I - The Legislative Branch

Issues Addressed in Article I

• Proportional Representation• Requirements to Participate in Congress• Enumerated Powers• “Necessary and Proper” Clause• Power is still given to the States• Supremacy Clause• Power is given to check the Executive and

Judicial branches

Proportional Representation

• Based on population of the State– Census is taken every 10

years to determine population

• 3/5ths Compromise– Slaves would count as

3/5ths of a person when determining population

Requirements to participate in the Legislative Branch

House of Representatives

• Term: 2 years • Age: 25 years old• Must live in the State

you represent• Must be a U.S. Citizen

for at least 7 years

Senate

• Term: 6 years • Age: 30 years old• Must live in the State

you represent• Must be a U.S. Citizen

for at least 9 years

Congress has 18 powers that are spelled out in the Constitution - They are known as the

Enumerated Powers• Collect taxes• Borrow money• Regulate trade with other

countries• Determine the

qualifications to become a citizen of the USA

• Coin money• Standardize all weights

and measures

• Punish counterfeiters• Establish Post Offices• Create Federal courts

beneath the Supreme Court

• Declare war• Raise and support the

Armed Forces• Make “necessary and

proper” laws to carry out the powers given to Congress

“Necessary and Proper” Clause

• The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

• Known as the Elastic clause

Powers were still given to the States

Some examples of things the States still controlled are…

• Education• Family Law• Property Law

Supremacy Clause

• Article VI, Paragraph 2 of the Constitution is known as the Supremacy Clause.

• It establishes the Constitution, Federal laws, and U.S. treaties as "the supreme law of the land."

Power is given to check the Executive branch

Legislative Checks on the Executive Branch

• override presidential vetoes• impeach and remove

president• declare war• confirm or reject

presidential appointments • approve or reject treaties• controls money for

government programs

Power is given to check the Judicial branch

• impeach judges • approve or reject nominations to the courts