The Constitution The Constitution

Unit 1 Notes Unit 1 Notes

How did we get the Constitution? How did we get the Constitution?

Founding fathers got together at the Founding fathers got together at the Constitutional Convention to revise the Constitutional Convention to revise the Articles of Confederation, but created a Articles of Confederation, but created a new law of the land – new law of the land – the Constitutionthe Constitution!!

The men present at the Convention are The men present at the Convention are often called the “Framers” of the often called the “Framers” of the Constitution Constitution

The Constitutional ConventionThe Constitutional Convention

The Convention was all about The Convention was all about COMPROMISE because they were COMPROMISE because they were several disagreements between factions several disagreements between factions

They had to resolve those disagreements They had to resolve those disagreements in order for the in order for the ratification ratification of the of the Constitution to take place Constitution to take place

Ratification Ratification

Formal approval of the Constitution Formal approval of the Constitution

In order for ratification to occur, several In order for ratification to occur, several compromises had to be made to get at compromises had to be made to get at least 9 of the 13 states to approve the least 9 of the 13 states to approve the Constitution Constitution

Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists

The FederalistsThe Federalists

Want a strong Want a strong national government national government

Support ratification of Support ratification of the Constitution the Constitution

The Anti-FederalistsThe Anti-Federalists

Want strong state Want strong state governments governments

Did not support Did not support ratification of the ratification of the Constitution until it Constitution until it protected individual protected individual and states’ rights and states’ rights

COMPROMISE = Bill of Rights!

The Bill of Rights protects our individual rights and states’ rights.

Large states vs. Small statesLarge states vs. Small states

Large StatesLarge States

want representation in want representation in Congress to be based on Congress to be based on population, which would population, which would mean that they would mean that they would have more power in have more power in CongressCongress

Small StatesSmall States

Wanted representation in Wanted representation in Congress to be equal for Congress to be equal for each state so that large each state so that large states would not have states would not have more power than them more power than them

COMPROMISE = The Great Compromise

The Great Compromise created our bicameral legislature. We have two houses in Congress. The number of representatives in the House of Representatives is based on population. The Senate has equal representation for each state.

North vs. South North vs. South

NorthNorth

Does not want slaves Does not want slaves to count towards to count towards population for population for representation representation because it would give because it would give the South more powerthe South more power

SouthSouth

Wants slaves to count Wants slaves to count towards their towards their population for population for representation representation purposes because it purposes because it would give them more would give them more power in Congress power in Congress

COMPROMISE = 3/5 Compromise

For every 5 slaves, 3 count towards the population count for representation in Congress.

The end result of all those compromises The end result of all those compromises was the Constitution! was the Constitution!

The founding fathers created a final law of The founding fathers created a final law of the land for the U.S. that they could all the land for the U.S. that they could all agree upon and that would be ratified agree upon and that would be ratified

It is considered a “living document”. Why It is considered a “living document”. Why is that? is that?

Why is the Constitution a “living Why is the Constitution a “living document”?document”?

Because it can change when needed Because it can change when needed through the amendment processthrough the amendment process

Principles of the Constitution Principles of the Constitution

These are the basic philosophies or beliefs These are the basic philosophies or beliefs that shape the Constitution and our that shape the Constitution and our government government

(A lot of these principles come from the (A lot of these principles come from the philosophers that we already talked philosophers that we already talked about!) about!)

Rule of LawRule of Law

Everyone must follow the laws, even the Everyone must follow the laws, even the government. The Constitution sets limits to government. The Constitution sets limits to governmental power and establishes how governmental power and establishes how leaders who overstep their power can be leaders who overstep their power can be removed removed

Popular SovereigntyPopular Sovereignty

The government gets power from the The government gets power from the people people

The people vote to elect their leaders to The people vote to elect their leaders to represent them, therefore the government represent them, therefore the government follows the will of the people follows the will of the people

Separation of PowersSeparation of Powers

Powers and responsibilities are divided Powers and responsibilities are divided among three branches to prevent one among three branches to prevent one person or group from having too much person or group from having too much power power

The Constitution creates the Legislative, The Constitution creates the Legislative, Executive and Judicial BranchesExecutive and Judicial Branches

Checks and BalancesChecks and Balances

A system of checks and balances allows A system of checks and balances allows each branch to monitor and check the each branch to monitor and check the power of the others to prevent abuse of power of the others to prevent abuse of powerpower

FederalismFederalism

Power is divided between the central Power is divided between the central government (national government) and the government (national government) and the individual state and local governments individual state and local governments

Judicial Review (Independent Judicial Review (Independent Judiciary) Judiciary)

The Judicial Branch is independent and The Judicial Branch is independent and free from pressures and influence by the free from pressures and influence by the other two branchesother two branches

The Supreme Court is the highest The Supreme Court is the highest authority for interpreting the Constitution authority for interpreting the Constitution

The Supreme Court can declare a law The Supreme Court can declare a law unconstitutional unconstitutional

Individual RightsIndividual Rights

Personal freedoms and basic rights are Personal freedoms and basic rights are protected so that the government cannot protected so that the government cannot take them away take them away

What kind of government does the What kind of government does the Constitution create? Constitution create?

A representative democracy A representative democracy The people elect leaders to represent their The people elect leaders to represent their

interests interests

The Federal System The Federal System

The Constitution divides power between The Constitution divides power between the national government and state the national government and state governments governments

Enumerated vs. Implied Powers Enumerated vs. Implied Powers

Article I Section 8 of the Constitution lays Article I Section 8 of the Constitution lays out the powers of Congress. out the powers of Congress.

Some of those powers are enumerated Some of those powers are enumerated and some of them are implied. and some of them are implied.

What’s the difference? What’s the difference?

Enumerated PowersEnumerated Powers

Powers that are specifically listed in the Powers that are specifically listed in the Constitution Constitution

Examples: power to collect taxes, coin Examples: power to collect taxes, coin money and declare war money and declare war

Implied PowersImplied Powers

Powers that Congress can claim as part of Powers that Congress can claim as part of its lawmaking responsibility its lawmaking responsibility

In other words, these are powers that are In other words, these are powers that are not specifically listed, but are implied (or it not specifically listed, but are implied (or it can be assumed) to be powers belonging can be assumed) to be powers belonging to Congressto Congress

Necessary and Proper Clause Necessary and Proper Clause

In Section 8 of Article 1, the Constitution In Section 8 of Article 1, the Constitution says that Congress can “make all laws says that Congress can “make all laws which shall be necessary and proper” for which shall be necessary and proper” for carrying out its duties carrying out its duties

This is also sometimes called the Elastic This is also sometimes called the Elastic Clause, because it means that Congress’ Clause, because it means that Congress’ powers can be stretched to cover a variety powers can be stretched to cover a variety of issues or circumstances of issues or circumstances

Supremacy Clause Supremacy Clause

Says that the Constitution is the “supreme Says that the Constitution is the “supreme Law of the land” Law of the land”

This mean that federal law trumps all state This mean that federal law trumps all state and local laws and local laws