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Transcript
Constitution Making
Cause
Shay’s Rebellion
Event
Annapolis Convention (1786)
Effect
Constitutional Convention
Annapolis Convention
Constitutional Convention
May 25 to Sept. 17, 1787
New form of Government
(Constitution)
Balance Large States and
Small States
Great Compromise
How to count Population
3/5 Compromise
Bicameral Legislature
Upper House: Equal Rep
Lower House: Based on Pop
Presidential Veto
Slaves count 3/5’s of a
person
Who controls trade
Slave Trade Compromise
Allowed Congress to regulate interstate
and foreign commerce; including placing
tariffs (taxes) on foreign imports, but it
prohibited placing taxes on any exports
Banned the import of slaves after 1807
President: Electoral College
How to select representatives Voting concerning President,
Senators: Appointed by State legislature
House of Representatives,
HOR: Elected by the people
and Senators
Articles of Confederation. Vs. the Constitution
Articles of Confederation
A loose confederation of states
1 vote in Congress for each state
Vote of 9 states in Congress for all important
measures
Laws administered loosely by committees of
Congress
No congressional power over commerce
No congressional power to levy taxes
Limited federal courts
Unanimity of states for amendments
No authority to act directly upon individuals and no
power to coerce states
Constitution
Strong Central Government
States are represented in 2 houses one by population
and one by equal representation
2/3 of states have to agree
Executive Branch
Congress controls trade
Congress controls taxes
Federal courts have final say
2/3 vote in House and Senate and 2/3 of the state
legislatures
Supremacy Clause
Powers granted in the U.S. Constitution
Go to Appendix A32 in your textbook
Article 1
Legislative Branch
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Article 2
Executive Branch
Pass federal laws
Control federal
appropriations
Approve treaties
Regulate interstate
commerce
Establish lower court
system
Article 4
Relations of States

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Article 3
Judicial Branch
Enforce laws
Commander in chief of
armed forces
Make foreign treaties
Proposes laws
Appoints Supreme Court
and Federal Judges
Pardon those convicted in
federal courts
Article 5
Amendment Process
2/3 vote in House and
 Privileges and
Senate and 2/3 of the state
Immunities Clause
legislatures
 Extradition Clause
 new states can be
admitted into the Union
by Congress
 Guarantee clause



Receive lower court
decisions
Decides constitutionality
of lower courts
Decides cases involving
disputes between states
Article 6
General Provisions
 any debts or
engagements that the
country was involved in
before the Constitution
was put into action are
still valid.
 United States
Constitution is the
highest law of the
country
 all state and federal
officers and judges have
to uphold the
Constitution and all of
its rules.
Article 7
Ratification of
Constitution
9 out of 13 states have to
vote for it.
Amendment 1
Amendment 2
Amendment 3
Amendment 4
Amendment 5
Freedom of religion,
speech, press,
assembly, and
petition.
Right to keep and
bear arms in order to
maintain a well
regulated militia.
No quartering of
soldiers.
Freedom from
unreasonable
searches and
seizures.
Right to due process
of law, freedom from
self-incrimination,
double jeopardy.
Amendment 6
Amendment 7
Amendment 8
Amendment 9
Amendment 10
Rights of accused
persons, e.g., right to
a speedy and public
trial.
Right of trial by jury
in civil cases.
Freedom from
excessive bail, cruel
and unusual
punishments.
Other rights of the
people.
Powers reserved to
the states.
Who has the Power???
Expressed Powers
specific responsibilities found in
Article 1 Section 8 of the United
States Constitution, which
enumerate the authority granted
to the United States Congress.
Congress may exercise only those
powers that are granted to it by
the Constitution, limited by the
Bill of Rights
 Declare war
 Maintain armed forces
 Regulate interstate and
foreign trade
 Admit new states
 Establish post office
 Set standard weights and
measures
 Coin Money
 Establish foreign policy
 Make all laws necessary to
accomplish these task
Concurrent (Shared)
Powers
powers held by both the states and
the federal government and may
be exercised simultaneously
within the same territory and in
relation to the same body of
citizens




collect taxes
borrow money
establish and maintain
courts
make and enforce laws
Reserved Powers
powers that the United States
Constitution does not give to the
federal government, or forbid to
the states, are reserved to the
people or the states
(10th Amendment)





Establish local
governments
establish and maintain
schools
regulate business within
the state
marriage laws
conduct elections
Implied Powers
powers authorized by a legal
document which, while not stated,
are deemed to be implied by powers
expressly stated
Broad (loose) Constructionist
Support the Necessary and proper
clause in making decisions.
Necessary and Proper Clause (elastic clause)
The Necessary and Proper Clause expands the
authority of Congress to all areas tangentially
related to one of its enumerated powers. It is
often known as the "elastic clause" because of
the great amount of leeway in interpretation it
allows; depending on the interpretation, it can
be "stretched" to expand the powers of
Congress, or allowed to "contract", limiting
Congress
Article 1 Section 8 Clause 18
Strict (tight) Constructionist
Only can do what the constitution
says that can do.
“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.”