Download Key Concepts Chapter 2

Chapter 2 (The Constitution) Key Concepts
Declaration of Independence – a list of grievances against King George III; purpose of government is to
protect natural rights; gov’t needs consent of the people.
Radical ideas embedded in Declaration:
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Natural rights, not divine rule.
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Gov’t requires consent of the governed.
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Limited gov’t — national gov’t can do only that which is permitted.
Articles of Confederation – The first governing document of the confederated states drafted in 1777,
ratified in 1781, and replaced by the present Constitution in 1789. Some highlights:
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Unicameral
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No executive branch
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No judicial branch
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Each state got 1 vote
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Needed 9 of 13 states to approve anything, and all 13 to change the Articles.
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Could borrow, create army, declare war; could NOT tax, draft, regulate commerce
Shays’ Rebellion – Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787,
protesting mortgage foreclosures. It highlighted the need for a strong national gov’t, given the inability
under the Art. Of Confederation to pay for a military that could protect the property owners.
Federalist Paper #10 – Written by James Madison; said (among other things) that the best way to deal
with the inevitable factions that form is for a gov’t to pit faction against faction and for this to be done over
a large country (thus arguing against city-states).
Federalist Paper #51 – Also written by Madison; outlined need for separate branches with checks and
balances (“ambition must be made to counteract ambition”; “[Y]ou must first enable the government to
control the governed; and then in the next place oblige it to control itself.”
Constitutional Convention – The convention in Philadelphia, May 25 to September 17, 1787; was called
to amend the Articles of Confederation; wound up discarding the AofC and came up with the Constitution
of the United States.
Bicameralism – The principle of a two-house legislature. We have a bicameral legislature with a House of
Representatives and Senate.
Virginia Plan – Initial proposal at the Constitutional Convention made by the Virginia delegation for a
strong central government with a bicameral legislature dominated by the big states; proportional
representation in each chamber.
New Jersey Plan – Proposal at the Constitutional Convention made by New Jersey for a central
government with a single-house legislature in which each state would be represented equally.
Connecticut Compromise (sometimes called the Great Compromise) – Compromise agreement by
states at the Constitutional Convention for a bicameral legislature with a lower house in which
representation would be based on population and an upper house in which each state would have two
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senators. Senators initially elected by state legislatures; changed by 17th Amendment to provide for direct
election of Senators, just as we have for Representatives.
Electoral College - Compromise allowing qualified citizens to cast a vote for “electors” who in turn vote
for the presidential candidate each elector deems best. Has evolved into a rubber-stamp exercise where
electors typically exercise no discretion.
Voting qualification compromise - Giving states the power to control who is qualified to vote in a national
election. If someone is qualified to vote in a state election, they are thereby qualified to vote in the national
one.
Three-fifths compromise – Compromise between northern and southern states at the Constitutional
Convention that said three-fifths of the slave population would be counted for determining direct taxation
and representation in the House of Representatives. Gave slave states more Representatives but they paid
more taxes, too.
Slave-trade compromise – Slave trade could not be banned for at least 20 years following ratification of
the Constitution.
Principles of the Constitution
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Popular sovereignty (power belongs to the people; consent of the governed)
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Limited government (gov’t can do only that which is permitted by the people as reflected in the
Constitution)
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Separation of power (3 branches — legislative, executive, and judicial — each of which has own
powers)
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Checks and balances (each branch has some control over the actions of the other 2)
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Federalism (division of powers between national gov’t and the states)
Federalists – Supporters of ratification of the Constitution and of a strong central government.
Anti-federalists – Opponents of ratification of the Constitution and of a strong central government,
generally.
The Federalist – Essays promoting ratification of the Constitution, published anonymously by Alexander
Hamilton, John Jay, and James Madison in 1787 and 1788.
Overview of the Constitution (read this – as well as all the other review sheets! – in conjunction with the
class lecture notes)
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Article 1: The Legislative Branch.
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Enumerated powers in section 8 (including power to declare war, raise taxes, coin
money, regulate commerce)
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Necessary & Proper clause (a/k/a the Elastic Clause) at the end of sec. 8 (fleshed out
in McCulloch v. Maryland — the national bank case)
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Qualifications of Senators and Representatives
Article 2: The Executive Branch
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Electoral College (each state has same # of electors as it has members of Congress)
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Qualifications of the President
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Powers (make treaties, appoint officers, etc.)
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The “Take Care” clause (president is to “take care” to faithfully execute the laws)
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Impeachment (House impeaches, Senate tries)
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Article 3: The Judicial Branch
One Supreme Court – mostly appellate jx, original jx in a very few cases
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Such “inferior” courts as Congress wants
Article 4:
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Full Faith and Credit Clause (states honor the laws and rulings of other states)
Privileges and Immunities Clause (guarantees each citizen equal treatment in the
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states)
Article 6: Supremacy Clause (federal law preempts conflicting state law)
Formal amendment of the Constitution
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Proposed EITHER by 2/3 of both houses of Congress or by 2/3 vote at a national convention
called by Congress.
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Ratified EITHER by ¾ of state legislatures or by ¾ of state conventions.
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Most common route: Proposal by 2/3 of both houses and ratification by 3/4 of state legislatures.
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Examples:
Bill of Rights (first 10 amendments; protects freedom of speech, religion, press, right to
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bear arms, etc.)
the “voting amendments” (15 (slaves), 19 (women), 23 (citizens of the District of
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Columbia), 24 (no poll tax in federal elections), and 26 (people over 18))
Informal amendment of the Constitution
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Pass laws (e.g., Congress creating “inferior” courts)
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Executive actions (e.g., the president “waging war” w/o Congressional declaration)
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Judicial interpretation (poster child: Marbury v. Madison and judicial review)
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Custom and tradition (e.g., reduced importance of Electoral College; “Senatorial courtesy”)
Judicial review: The USSC gets to decide what is constitutional. The USSC established this in Marbury
v. Madison (1803).
Different types of powers –
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Enumerated (a/k/a express): powers stated explicitly in the Constitution (e.g., items in Art. I,
Section 8)
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Implied: powers stemming from Necessary & Proper clause
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Concurrent: powers that both the state and federal gov’ts can exercise (e.g., taxing, courts)
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Reserved: powers reserved to the states, as underscored by 10th Amendment
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