To Determine the necessity of “flexibility” in the U.S.

Constitution.

Write today’s Aim question in your notebook.

There will be brief notes followed by document analysis.

Agenda

• Brief Notes (Mini Lesson)

• Do Now (Document on Elastic Clause)

• Analysis: McCulloch v Maryland (Pick 2)

• Federalism Review (Pick 1)

• Unwritten Constitution (Pick 2)

• Multiple Choice Review (Do All)

Federalist Party leader Alexander Hamilton arguedfor the addition of the “elasticclause” at the ConstitutionalConvention in 1787.

Hamilton argued that a “LOOSE CONSTRUCTION”view of the Constitution would allow for greater flexibility of theUS Government to adapt to changing times and circumstances.

Secretary of the Treasury

Alexander Hamilton

Although thereis no mention ofa space programin the Constitution… ...the elastic clauseallowed the USGovernment to… ...create a NASAprogram to explore all thepossibilities ofspace flight.

The elastic clause and loose constructionallowed the US Government tosecretly build the world’s firstsuccessful nuclear program… thus helping the USAto be the world’s first nuclear superpower.

Albert EinsteinNuclear Physicist

The elastic clause allows the US Government to changeits money system as needed to meet the needs of changingtimes. This is an old one dollar bill, backed by silver.

An easy way to think of the elastic clause is to think of theUS Government’s power to change its own size and shape.

The Federal Government can become more powerful, less powerful,spend money, borrow money, loan money, etc…to help the nationadapt to ever changing circumstances.

Elastic Clause

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.

What kind of power does that give our government?

When has the Elastic Clause been used?

• Creation of a National Bank

• Purchase of Louisiana Territory

“Unwritten” Constitution

Unwritten Constitution

ElectoralCollegePromise

Cabinet

PoliticalParties

Cong.Comm.

JudicialReview

Lobbying

President’s Cabinet

• Organize government

• Choose Department heads

• Decide which problems are most critical to the country

• Plan and EXECUTE policy decisions

What is it and why does the President need it ?

Electoral College

• We vote for slates of delegates

..that electors vote for the people’s choice.

•Delegates then vote for candidate who gets most popular vote.

•Do we really need the Electoral College?

Judicial Review

• Supreme Court’s power to review prior court decisions, and rule on constitutionality.

- Marbury vs. Madison sets precedent

- Supreme Court acted as referee and kept

that role.

- Grew out of need for checks and balances

Political Parties

When did political parties begin to appear?

Were political parties unavoidable?

What role do political parties play in our system?

Could we operate without them?

Congressional Committees• Whose idea were they?

• Need same as President’s need for help

- Whole body can’t consider all issues.

- Congress people with interest in them

serve on committees.

- Serve to prioritize nation’s agenda for

changes that might be needed.

Lobbying

Is it slang for “Hanging Out” in the Capital?

• The act of trying to influence Congress.

• People need laws favorable to causes.

• Could only reach Congresspeople in the

“lobby” of the Capitol Building

Putting the Constitution into Effect

An “unwritten” constitution devolved almost immediately to support the “written” Constitution. This helped to “fill in the blanks”. Essential but not actually in the Constitution

The Cabinet :

?????

NO!!!

These Guys.

Unwritten Constitution

Washington appointed:• Alexander Hamilton - Secretary of the Treasury• John Jay - Secretary of State until Thomas

Jefferson returned from Europe - Henry Knox - was made Secretary of War

Unwritten Constitution Washington regularly asked for the advice of these men. It became known as the Cabinet. This is not in the Constitution but everypresident since has had one.

Unwritten Constitution

The Electoral College Promise:The fact that Electors in the Electoral College vote for the winner of the popular vote in their state is based on historical precedent, not anything in the Constitution.

Unwritten Constitution

Judicial Review:The Supreme Court does not have the power, in the Constitution, to declare laws unconstitutional. This power was a precedent created by the case of Marbury v. Madison (more to come).

Unwritten Constitution Political Parties: Not mentioned in the Constitutional although relied upon heavily today for the election process.

Unwritten Constitution

Congressional Committees:Not in the Constitution but used today in the passage of legislation in Congress.

Unwritten Constitution

Congressional Lobbying:Not in the Constitution but allowed under the first amendment (speech) and regulated by law.

Unwritten Constitution

Term Limits for President:Until FDR, the two term rule was followed by every president. It was not in the Constitution (Now it is: 22nd Amendment)