THE CONSTITUTION

American Government, Unit 1 part 4

Why write the Constitution? The Articles of Confederation were

failing. Poor Economy

Shay’s Rebellion Rough trading with other countries Rough trading between states too

No power to tax No money to have a good army or navy

Basically, the states did what they wanted to do and were not always getting along

Philadelphia, 1787 Founding Fathers knew we were in

trouble so they met and wrote the Constitution.

Much argument went into it and lasted even into the ratification process – which took two years.

The Ratification of the Constitution brought about great controversy and the Federalist Papers Written by Alexander Hamilton, James

Madison, and John Jay

Arguments that supported the ratification of the Constitution

Federalist Papers

Strong National Government (Federalist #10) States worried about losing their

independence Founding Fathers knew the government

needed the power to be able to address national problems and be a true government

Founding Fathers knew that to remain free, the nation needed to be united

Limited Government (Federalist Paper #45) The people give the authority to make and

implement laws to elected officials Separation of Powers (Federalist Paper #47)

Why three branches??? Wasn’t one enough? Three were needed, each doing a different job

so that no one branch of the government had enough power to become tyrannical and violate the rights and liberties of the people

Checks and Balances (Federalist Paper #51) Another way to keep the branches in check. Each

branch is granted specific powers over the other two branches; with no one branch able to usurp power from its fellows

Federal Government (Federalist Papers overall, but especially #s 47-51) Division of powers between the national and state

governments. Each having it’s own powers with some overlapping.

Compromise between the previously known super-strong government and a loose confederation

Popular Sovereignty (Federalist Paper #10) There was no real argument on this in

electing members of Congress, the big argument/concern was in electing the President

Founding Fathers developed a compromise – the Electoral College – to ensure the public would not elect a poorly qualified President

BASIC CONSTITUTIONAL PRINCIPLES EXPLAINED

The Six Basic Principles

It’s authors wrote the constitution based on the principles that political power resides with the people and that the National Govt should be limited and divided into 3 branches to limit the power of each.

Popular Sovereignty Limited Gov’t Separation of

Powers Checks & Balances Judicial Review Federalism

1. Popular Sovereignty Gov’t can govern only with the consent

of the governed. Sovereign people created the

Constitution and the gov’t

2. Limited Gov’t Gov’t may do only those things that the

people have given it the power to do The gov’t and its officers are always

subject to the law

3. Separation of Powers

The Constitution distributes the powers of the National Gov’t among Congress (Legislative Branch), the President (Executive Branch), and the courts (Judicial Branch)

The Framers of the Constitution created a separation of powers in order to limit the powers of the gov’t and to prevent tyranny – too much power in the hands of one person or a few people

4. Checks & Balances Each branch of gov’t was subject to a

number of constitutional restraints by other branches

Although there have been instances of spectacular clashes between branches, usually the branches of government restrain themselves as they attempt to achieve their goals

5. Judicial Review Through the landmark case Marbury v. Madison

(1803), the judicial branch possesses the power to determine the constitutionality of an action of the gov’t

In most cases the judiciary has supported the constitutionality of gov’t acts. In more then 130 cases, the courts have found

congressional acts to be unconstitutional, The Court in 1998 struck down a law giving the president the

power to cancel [Line Item Veto] individual spending items and certain tax benefits contained in laws passed by Congress (Clinton v City of New York). The Court said that the line-item veto – a goal long sought by president of both parties – unconstitutionally gave the president the power to unilaterally void the text of duly enacted laws.

They have voided thousands of acts of State and local gov’ts In 1973, the Court struck down all state laws

which made abortions illegal in their ruling in the case of Roe v Wade.

6. Federalism Is the division of political power among a

central government and several regional gov’ts

U.S. federalism originated in American rebellion against the edicts of a distant central gov’t in England

Is a compromise between a strict central gov’t and a loose confederation, such as that provided for in the Articles of Confederation

Seven Articles

Breakdown of the Constitution

Preamble We the people, in order to form a more

perfect Union establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America!

Preamble and our Government

Stated in the Preamble How it relates to the U.S. Government

Form a more perfect union Division of powersEstablish justice Judicial BranchInsure domestic tranquility Laws that protect us from

rioting, looting, chaos, etc.Provide for the common defense

Gov’t has the power to raise and maintain an army and a navy

Promote the general welfare Our rights cannot infringe on the rights of others

Ensure the blessings of liberty Civil Rights and Civil Liberties are guaranteed

Article 1 – the Legislative Branch Congress

House of Representatives Senate

Make the Laws

Article 2 – the Executive Branch The President Enforces the Laws

Article 3 – Judicial Branch Establishes the Supreme Court of the

United States Interpret the Laws

Article 4 – States relations with each other

Full Faith and Credit Privileges and Immunities

Article 5 – Amending the Constitution

The Founding Fathers knew the Constitution wasn’t perfect and would need to be changed over time so they provided an amendment process.

Article 6 – Supremacy Clause The Constitution is the SUPREME LAW OF

THE LAND

Article 7 – Ratification Procedures The Constitution would go into effect as

soon as 9 of the 13 states ratified it.

Formally Amending the Constitution

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Four methods of the Formal Amendment Process

An amendment is proposed by Congress by a 2/3rd vote in both houses, then ratified by 3/4th of the state legislatures Used for amendments 1-20 and 22-27

An amendment is proposed by Congress by a 2/3rd vote in both houses then ratified by special conventions in 3/4th of the states. Used for the 21st Amendment

An amendment is proposed at a national convention when requested by 2/3rd of the State Legislatures, then ratified by 3/4th of the state Legislatures

An amendment is proposed at a national convention called by Congress when requested by 2/3rd of the State Legislatures, then ratified by special convention held in 3/4th of the states.

The 27 Amendments The first 10 Amendments are called the Bill of Rights

because they set out the great constitutional guarantees of freedoms for the American people

The Civil War Amendments (13,14, & 15) combined to end slavery, define American citizenship, proclaim the rights of due process and equal protection of the law, and outlaw restrictions on the right to vote based on race, color, or previous condition of servitude.

The other Amendments further define the workings of the government, empower the government in certain ways, or deal with important social issues.

Bill of Rights 1-10 1st Amendment – five basic freedoms:

Speech

Press

Religion

Assembly

Petition

2nd and 3rd Amendments

Owning a gun to maintain a militia

No quartering of troops during peace time

4th Amendment – no searches and seizures without a warrant

5th Amendment

You do not have to testify

against yourself

You cannot be deprived of life,

liberty, or property

without due process of law

The government

can use eminent

domain to take your property for public use as long as the pay you fairly

for it.

6th and 7th AmendmentsRight to a

speedy and public trial

Right to a trial by jury in civil

cases

8th Amendment – no cruel and unusual punishment

9th and 10th Amendment

There are rights not

mentioned in the

Constitution that people

also have – like the right to

privacy

Powers not mentioned in the Constitution are reserved for the

states

Civil War Amendments 13th Amendment – ended slavery

14th Amendment – It applied the Bill of Rights to the state governments so that states could not deprive anyone of

without due process of law All persons born or naturalized in the United States,

and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.

Life LibertyOr Property

15th AmendmentNo state can

deprive someone of the right to vote based

on race, color, or previous

condition of servitude

The Rest of the Amendments 11th Amendment explains how citizens

can sue states 12th Amendment covers voting when

there is a tie in the Electoral College 16th Amendment established a national

income tax 17th Amendment allowed Senators to be

elected by the population of their state 18th Amendment outlawed alcoholic

beverages 19th Amendment gave women the right

to vote

20th Amendment changed the Presidential inauguration date to January 20th at Noon.

21st Amendment repealed the 18th Amendment

22nd Amendment limits the president to two terms but not more than 10 years

23rd Amendment gave Washington, D.C. three votes in the Electoral College

24th Amendment outlawed poll taxes (paying a fee to vote)

25th Amendment established a line of succession if the president dies or is disabled in office

26th Amendment lowered the legal voting age to 18 years old

27th Amendment established pay raises for Congress.