The US ConstitutionThe US Constitution Article IArticle I: The Legislative Branch: The Legislative Branch

Bicameral, qualifications, methods of selection, terms of Bicameral, qualifications, methods of selection, terms of office, operating procedures, officersoffice, operating procedures, officers

Powers: tax, regulate commerce, coin money, etc.Powers: tax, regulate commerce, coin money, etc. Elastic Clause: “Congress shall make all laws which Elastic Clause: “Congress shall make all laws which

shall be shall be necessary and propernecessary and proper for carrying into for carrying into execution the foregoing powers”execution the foregoing powers”

Article IIArticle II: The Executive Branch: The Executive Branch Term of office, electoral college, qualifications, Term of office, electoral college, qualifications, Impeachment: for “Treason, bribery, or other high Impeachment: for “Treason, bribery, or other high

crimes and misdemeanors”crimes and misdemeanors” Role as Commander-in-Chief, authority to make treaties Role as Commander-in-Chief, authority to make treaties

w/ consent of Senate w/ consent of Senate State of the UnionState of the Union

The US ConstitutionThe US Constitution

Article IIIArticle III: The Judiciary: The Judiciary Establishes Supreme CourtEstablishes Supreme Court Congress may set up “such inferior Congress may set up “such inferior

courts as they deem necessary”courts as they deem necessary” No specification of number of judges or No specification of number of judges or

qualificationsqualifications Life tenure or terms of “good behavior”Life tenure or terms of “good behavior” Congress may not lower judicial Congress may not lower judicial

salaries while a judge holds officesalaries while a judge holds office

The US ConstitutionThe US Constitution Article IV Article IV

““full faith and credit” clause – states must honor laws full faith and credit” clause – states must honor laws and proceedings of other statesand proceedings of other states

ExtraditionExtradition Admission of new statesAdmission of new states Guarantee of republican government for statesGuarantee of republican government for states

Article VArticle V How amendments may be addedHow amendments may be added

Article VIArticle VI Treaties of the US bind all statesTreaties of the US bind all states Prohibits religious tests for holding officeProhibits religious tests for holding office

Article VIIArticle VII Procedures for ratification of ConstitutionProcedures for ratification of Constitution

Features of the Features of the ConstitutionConstitution

Constitutional FrameworkConstitutional FrameworkPreamble + Articles I. – VII.Preamble + Articles I. – VII.

Constitutional FeaturesConstitutional Features FederalismFederalism Checks and BalancesChecks and Balances Flexibility (Amendment Process)Flexibility (Amendment Process) Unwritten ConstitutionUnwritten Constitution

Ratification Debate (Federalists vs. Anti-Ratification Debate (Federalists vs. Anti-Federalists)Federalists)

PREAMBLE = PurposePREAMBLE = Purpose

We the People of the United States, in Order to… We the People of the United States, in Order to… form a more perfect Union, form a more perfect Union, establish Justice, establish Justice, insure insure domestic Tranquilitydomestic Tranquility, , provide for the common provide for the common defencedefence, , promote the general promote the general WelfareWelfare, , and secure the Blessings of Liberty to ourselves and secure the Blessings of Liberty to ourselves

and our and our PosterityPosterity……

do do ordainordain and establish this Constitution for the and establish this Constitution for the United States of America.United States of America.

Federalism – Federalism – powers divided powers divided between national, state & local between national, state & local

governmentsgovernments

National

State Local

Delegated powers – given to Delegated powers – given to the National Governmentthe National Government

To coin moneyTo coin money To declare warTo declare war To regulate interstate and foreign To regulate interstate and foreign

tradetrade To raise an armyTo raise an army To issue patents and copyrightsTo issue patents and copyrights

Reserved powers – left for Reserved powers – left for the states the states

Amendment 10 established the reserved Amendment 10 established the reserved powers of the statespowers of the states

Examples of reserved powers (different Examples of reserved powers (different from state to state):from state to state):

EducationEducation Driving rules and regulationsDriving rules and regulations Hunting and fishing rulesHunting and fishing rules Marriage, divorce lawsMarriage, divorce laws GamblingGambling Death penaltyDeath penalty

Concurrent powers – shared Concurrent powers – shared by national & state by national & state

governmentsgovernments TaxTax Borrow moneyBorrow money Police powersPolice powers Build & maintain roadsBuild & maintain roads Operate courtsOperate courts

Implied powers – given to Implied powers – given to National governmentNational government

The The “elastic clause”“elastic clause” of the Constitution of the Constitution Allows Congress to stretch the Allows Congress to stretch the

delegated powers to cover a related delegated powers to cover a related topictopic

Article I Section 8 Paragraph 18Article I Section 8 Paragraph 18 – – Congress has the power to make all Congress has the power to make all laws that are laws that are “necessary and proper”“necessary and proper” to to carry out the delegated powerscarry out the delegated powers

Examples of the Elastic Examples of the Elastic ClauseClause

The power to tax, borrow money →The power to tax, borrow money → It may be “necessary & proper” to create a It may be “necessary & proper” to create a

Bank of the United States to manage the Bank of the United States to manage the moneymoney

The power to raise an army → The power to raise an army → It may be “necessary & proper” to draft It may be “necessary & proper” to draft

people into military servicepeople into military service The power to regulate interstate The power to regulate interstate

commerce →commerce → It may be “necessary & proper” to regulate It may be “necessary & proper” to regulate

railroads that travel across state linesrailroads that travel across state lines

Denied powers to National Denied powers to National Gov’t– specifically prohibits Gov’t– specifically prohibits

certain actionscertain actions No No ex post facto lawsex post facto laws

Can’t back date a law to make an act a Can’t back date a law to make an act a crime if it wasn’t a crime at the time crime if it wasn’t a crime at the time committedcommitted

No No bill of attainderbill of attainder Can’t pass a law to deny a person the right Can’t pass a law to deny a person the right

to trial by juryto trial by jury

No titles of nobilityNo titles of nobility No tax on exportsNo tax on exports

Powers Denied to the State Powers Denied to the State GovernmentsGovernments

States can’t coin moneyStates can’t coin money States can’t tax imports or exportsStates can’t tax imports or exports States can’t declare warStates can’t declare war States can’t make treatiesStates can’t make treaties States can’t grant States can’t grant letters of marque & reprisalletters of marque & reprisal

A commission granted by the government to a A commission granted by the government to a private individual, to take the property of a foreign private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, a reparation for an injury committed by such state, its citizens or subjects. its citizens or subjects.

A vessel loaded with merchandise, on a voyage to a A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defense in case friendly port, but armed for its own defense in case of attack by an enemy, is also called a letter of of attack by an enemy, is also called a letter of marque. marque.

Separation of PowersSeparation of Powers – – 3 branches of government3 branches of government

Legislative branch – makes the lawLegislative branch – makes the law

Executive branch – enforces the lawExecutive branch – enforces the law

Judicial branch – interprets the lawJudicial branch – interprets the law

Checks & BalancesChecks & Balances

to prevent any one branch from to prevent any one branch from becoming too powerfulbecoming too powerful

Checks and BalancesChecks and Balances

Flexibility in the Flexibility in the ConstitutionConstitution

Allows the Constitution to keep up Allows the Constitution to keep up with changes with changes AmendmentsAmendments can add or delete wording can add or delete wording

in the Constitutionin the Constitution Judicial InterpretationsJudicial Interpretations – different judges – different judges

may interpret the Constitution differentlymay interpret the Constitution differently Elastic clauseElastic clause allows Constitution to allows Constitution to

“stretch” so as to adapt to different times “stretch” so as to adapt to different times and circumstances.and circumstances.

The Amendment ProcessThe Amendment Process

Proposed byProposed by Ratified byRatified by

2/3 vote by both 2/3 vote by both houses of the houses of the CongressCongress

¾ of the legislatures ¾ of the legislatures of the states (38 of of the states (38 of 50)50)

2/3 vote by specially 2/3 vote by specially elected National elected National ConventionConvention

¾ of specially elected ¾ of specially elected state conventionsstate conventions

The Unwritten ConstitutionThe Unwritten Constitution Customs and traditionsCustoms and traditions that aren’t that aren’t

written into the document but are an written into the document but are an important part of how the government important part of how the government operatesoperates

Examples:Examples: Political PartiesPolitical Parties President’s CabinetPresident’s Cabinet Committees in CongressCommittees in Congress Judicial ReviewJudicial Review

Ratification ProcessRatification Process 9 of 13 state conventions would have to 9 of 13 state conventions would have to

approve the new Constitution before it approve the new Constitution before it goes into effectgoes into effect

Allows public debate on the plan to take Allows public debate on the plan to take place place

2 groups emerge2 groups emerge FederalistsFederalists who supported the stronger who supported the stronger

central gov’t.central gov’t. Anti-FederalistsAnti-Federalists who preferred stronger state who preferred stronger state

gov’ts. & feared a more powerful national gov’t gov’ts. & feared a more powerful national gov’t that could deny people their rightsthat could deny people their rights

FederalistsFederalists

Who?Who? George Washington, Alexander George Washington, Alexander

Hamilton, James Madison, John JayHamilton, James Madison, John Jay Reasons?Reasons?

Strong central gov’tStrong central gov’t Represented varied interestsRepresented varied interests Would provide order & protect people’s Would provide order & protect people’s

rightsrights

Anti-FederalistsAnti-Federalists

Who?Who? Patrick Henry, Samuel Adams, Richard Henry Patrick Henry, Samuel Adams, Richard Henry

Lee, George ClintonLee, George Clinton Reasons?Reasons?

““Good gov’t” was small, local, closely Good gov’t” was small, local, closely controlled by people through yearly electionscontrolled by people through yearly elections

Too much power in executive branchToo much power in executive branch Philadelphia Convention not open to publicPhiladelphia Convention not open to public Wanted a Bill of Rights to protect them from Wanted a Bill of Rights to protect them from

the abuse of powerthe abuse of power

Why did the Federalists Why did the Federalists win?win?

Well-organizedWell-organized Well-financedWell-financed Acted quicklyActed quickly Had voting qualifications--could elect their Had voting qualifications--could elect their

people to the state conventionspeople to the state conventions The FederalistThe Federalist (or “The Federalist Papers”) (or “The Federalist Papers”)

– urged support; convincing arguments– urged support; convincing arguments Influential people supported – Washington, Influential people supported – Washington,

Hamilton, Madison, FranklinHamilton, Madison, Franklin Agreed to add a Bill of Rights Agreed to add a Bill of Rights

(Amendments # 1 – 10)(Amendments # 1 – 10)