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T HE U. S. C ONSTITUTION
“We the people are the rightful masters of both
Congress and the courts, not to overthrow the
Constitution but to overthrow the men who
pervert the Constitution.”-Abraham Lincoln
How do you think the role of government has
changed since Lincoln was in office?
What is the US
Constitution?
The supreme law of the United States.
It is the foundation and source of the legal authority
underlying the existence of the United States of America
and the Federal Government of the United States.
It provides the framework for the organization of the United
States Government.
Basic information
• The United States Constitution was created on
September 17, 1787. “Constitutional Convention”
• It was ratified June 21, 1788
• The United States Constitution was written in
the Philadelphia State House. Now the building
is called “The Independence Hall”
• There were 55 Delegates who drafted the United
States Constitution
• The Constitution, which is over 200 years old,
can be seen in Washington, D.C.
Reasons:
The federal government was extremely weak and
this created many problems such as:
1. No separation of powers – only unicameral
legislature.
2. Weak central government – states had
most power.
3. Congress did not have the power to tax –
this means they could not get their finances
in order.
4. Congress did not have the power to regulate
commerce which caused competition
between states. It also caused diplomatic
issues when states refused to pay for goods
they received from other nations.
5. An uprising of farmers in Massachusetts –
led by Daniel Shays.
The Articles of Confederation
and Perpetual Union
The Articles of Confederation and Perpetual Union was actually
the first constitution of the United States of America
In September 1786, commissioners from five states met in the
Annapolis to discuss adjustments to the Articles of Confederation
that would improve commerce. They invited state representatives
to convene in Philadelphia to discuss improvements to the
federal government, but instead of amending the existing
Articles, the Convention decided to propose a rewritten
Constitution.
Current knowledge of the
drafting and construction of
the United States
Constitution comes primarily
from the diaries left by James
Madison, who kept a
complete record of the
proceedings at the
Constitutional Convention
Outcomes of the
Constitutional Convention
• Virginia Plan (James
Madison, considered to be
"The Father of the
Constitution“)
– Separation of powers
– Bicameral legislature
based on population
– Federal government had
increased powers
• New Jersey Plan
(William Paterson)
– Unicameral legislature
where every state
received equal
representation.
• Great Compromise
(Roger Sherman, Connecticut)
– Hybrid of VA and NJ Plans:
• Bicameral legislature:
– House of Reps based on
population
– Senate based upon equal
representation
Wednesday 2/4
Analyze this Adams’ quote:“Our Constitution was
made only for a moral and religious people. It is
wholly inadequate to the government of any other.”
Discuss at your table what you this Adam’s is
saying.
Agenda:
Ch 2 Notes continued
Ch 2 Charts
Costs & Benefits of
Constitutional Reform
• Choose one topic and find evidence of a real-world
attempt
The basic principles of the
Constitution.
Popular Sovereignty
–
Government power resides in the people
Limited government
–
Government is not all powerful, can only
do what the people let it.
–
The government must obey the law. This
is the principle called constitutionalism.
Separation of Powers
–
Helps prevent one branch from
becoming too powerful
–
Checks and Balances
Federalism
–
Division of power among national and
state governments
The general scheme
Checks and Balances
Structure of the
Constitution
• Preamble:
– Statement of purpose
• Articles:
– I: Legislative Branch
– II: Executive Branch
– III: Judicial Branch
– IV: Relations Among the States
– V: Amendment Process
– VI: Federal Power
– VII: Ratification
• Amendments:
– 27 Total
– 1st ten are the Bill of Rights
The Preamble of the
Constitution.
Article I: Legislative Branch
Bicameral:
1.Senate
Two senators for each
state
(serve for 2 year terms)
2.House of
Representatives
Based on population
(serve for 6 year
terms)
Important Powers:
•
•
•
•
•
•
•
Make laws
Set taxes
Declare war
Override Vetoes
Borrow money
Regulate international
and national trade
Print money
Article II: Executive Branch
President and Vice
President are elected to
4 year terms
Qualifications:
• At least 35 years old
• 14 year resident of the
US
Important powers:
•
•
•
•
•
Commander-in-Chief
Grant pardons
Make treaties
Appoint federal officers
Ensure laws are
executed
Article III: Judicial Branch
• Supreme Court judges
serve for life unless
impeached.
• Judicial power rests with
US Supreme Court and
other courts created by
Congress
Important Powers:
• Decides cases of
Constitutional law and
federal law
• Cases involving
ambassadors go straight
to Supreme Court
Article IV: States' powers and
limits
Article Four describes the
relationship between the
states and the federal
government and amongst
the states. For instance, it
requires states to give "full
faith and credit" to the
public acts, records, and
court proceedings of the
other states”.
Article V:
Amendments
Article VI:
Federal Power
– Amendments are
proposed when 2/3 of
House and Senate deem
it necessary
– Amendments are
proposed when 2/3 of
states deem it necessary
– Amendments must be
ratified by ¾ of state
legislatures or by
conventions in ¾ of
states
–
Supremacy Clause: Federal
law is supreme to state law
– No religious tests for public
office
Formal Amendment
Process
Article V sets out two methods for the proposal and two methods for the ratification
of constitutional amendments, creating four possible methods of formal
amendment.
The US constitution was
modeled after
•
Commentaries on the Laws of England by William Blackstone. This
•
The Spirit of the Laws by Baron de Montesquieu. This book talked
•
Social Contract by Jean Jacques Rousseau. This talked about the more
•
Two Treatises of Government by John Locke. It covers the idea that
book gave rights and wrongs of people in a society. Was about the common
law of England.
about separation of powers and constitutionalism.
efficient way to set up political community. Government should be of the
people.
every man is created equal under God.
Warm up
The Federalist Papers consist of 85letters written to newspapers in the
late 1780s to urge ratification of the U.S. Constitution. With the
Constitution needing approval from 9 of 13 states, the press was
inundated with letters about the controversial document. How does
the below quote illustrate Madison’s advocacy for a strong federal
government?
“You must first enable the government to control the governed; and
in the next place, oblige it to control itself.” ― James Madison, The
Federalist Papers
http://www.history.com/topics/us-presidents/james-madison
Amendments to the Constitution
Collectively, the first ten amendments are known as the Bill of
Rights. They set out many of the basic freedoms.
The law is the set of rules that we live by.
The Constitution is the highest law.
It belongs to the United States.
It belongs to all Americans.
Constitutional Power Grab
Instructions
You will be divided into 3 groups: Executive, Legislative and Judicial
branches of government.
In each round I will give each branch of government an opportunity
for an unconstitutional "Power Grab".
The remaining two groups have two minutes to find proof from the
Constitution (amendments included) by Article, section and clause,
why the power grab is unconstitutional.
When a person thinks he finds the appropriate check he yells "check".
He must be prepared to respond with the answer immediately.
If wrong, others may try to block the grab for power with the two
minutes, alternating between branches until the two minutes are gone
or the answer is correct.
When checked correctly, the branch receives 10 points. If no one gets
the correct answer, the branch grabbing power gets 5 points. No
penalty for wrong answers.
A round is a question for each branch.