The Constitution

System of Government, Fundamental & Supreme

Law

“We the People . . . .”

fundamental law

contract among the people

can be changed only by amendment

Constitutional Convention May 25-September 17, 1787 Philadelphia’s Independence Hall James Madison: “Father of the

Constitution” Washington presided (symbol of

unity) “Virginia Plan” “New Jersey Plan”

“Themes” of the Convention Liberty vs. Order (Shays’s

Rebellion) minority rights tyranny of the majority representation executive power strong central government vs.

states’ rights small vs. large states

Compromises

Great Compromise: representation small states: equal large states: based upon population Deal: Senate equal (2/per state), House by

population

3/5s Compromise: how should slaves be counted for representation & taxation?

North: just for taxation South: just for representation Deal: “others” counted as 3/5 of a person

Federalists vs. Anti-Federalists Federalists “Federalist Papers” (Hamilton,

Madison, Jay) promised Antis bill of rights Jefferson & Adams in Europe

Antis (Patrick Henry) lack of bill of rights no alternative plan

Ratification

power of the people special reps elected to constitutional

conventions in states need ¾ of states (9/13) country split about 50/50 greater political & organizational

abilities of Federalists Antis had no alternative plan Delaware 1st to ratify Constitution ratified June 21, 1788

Principles of the Constitution Enlightenment/Classical Greco-

Roman influences

balanced government: all classes/interests represented

limited government

federalism

Principles of the Constitution 2 Three Departments Legislative Executive Judiciary

Separation of Powers

Checks & Balances

Legislative Branch (Article I)Congress: Senate & House of

Representatives

make laws “power of the purse” taxation (House) approve budget regulate interstate commerce coin money & set value approve appointments & treaties (Senate) declare war

Executive Branch (Article II)President, heads of departments, federal

officials

“preserve, protect, and defend the Constitution”

enforce lawsveto lawsnegotiate treatiesnational defenseappoint officials (Supreme Court justices)

Judicial Branch (Article III)Supreme Court

federal courts 9 justices, including 1 Chief Justice appointed by President approved by Senate judicial independence “judicial review” constitutionality of laws Marbury v. Madison (1803)

Law-Making Process

Congress

committees separate bills each house one combined version simple majority both houses to

pass

Law-Making Process 2

President

sign: bill becomes law veto: bill goes back to Congress pocket veto: bill dead

Law-Making Process 3

Congress (in the event of a veto by President)

must re-pass both houses 2/3 majority each house if 2/3, bill becomes law if not, dead or back to committee

The Bill of Rights

1st ten amendments personal freedoms & rights

justice & legal protections

powers not given to government remain with people & states

Amendment Process

changes can be made only by the people Constitution amended only 27 times

1) amendment can be proposed by: 2/3 majority vote of Congress constitutional convention called by 2/3 of

state legislatures (never happened)

2) Archivist of US submits to governors of states

governors give to state legislatures for vote

3) ¾ states (38/50) must ratify to make part of the Constitution