The Constitution

1
The Constitution
2
Convention of Compromises

• Virginia Plan
• The more population you have the more
  representatives you have
• House of Representatives
• New Jersey Plan
• All states have the same amount of representation
• Senate
• Connecticut Plan (Great Compromise)
• Bicameral legislation
• House of Reps and Senate

3
3 Major Themes

• Separation of Powers
• Checks and Balances
• Federalism

4
Separation of Powers

• Developed by Charles Montesquieu
• Essential to balance power in the government
• Federalist Paper 51
• If all men were angels, then no government would
  be necessary
• Proof our framers sided with Hobbes
• Government set up into 3 different branches
• Legislative
• Executive
• Judicial

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Separation of Powers

• The House has specific powers
• The Senate Has specific powers
• The Legislative branch has specific powers
• The Executive Branch has specific powers
• The Judicial Branch has Specific Powers
• States have specific powers

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Legislative

• Article One
• House of Representatives (Section 2)
• 2 year terms and were Elected Directly by the
  people
• Why
• 2 Specific Powers (Theme-Will of the People)
• Impeach the President
• Originate all Revenue Bills

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Senate

• Senate (Section 3)
• 6 year terms- Voted on by state legislatures
• 17th amendment instituted direct election of
  Senators
• Terms were staggered so that appointments would
  expire every 2 years
• Why?
• Check on Excessive Democracy!!!!!
• Three Specific Powers (Theme- Check on the
  People)
• Ratify Treaties
• Approve Appointments
• Conduct Trial after Impeachment

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Enumerated Powers

• ARTICLE 1 SECTION 8
• Making Laws
• Specific powers granted to Congress
• 17 specific powers
• Many contain key provisions denied to the
  Government under the Articles of Confederation
• Power to Tax
• Regulate Commerce
• Coin Money
• Declare War

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Elastic Clause or Necessary and Proper

• Final paragraph of the Article One
• To make all laws which shall be necessary and
  proper
• Has been a tremendous source of expansion of
  congressional activity never anticipated by the
  Framers
• Environment , Welfare, Education, and
  Communication

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Executive Branch

• Gave the Authority to Execute the laws of the
  nation
• Section 1- Set Term Limit, Qualifications and
  Defined the Electoral College
• Section 2- Gives the formal powers of the
  President
• Find where it says you have the right to vote for
  a President, in the constitution.

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Formal Powers of the President
TO ENFORCE THE LAWS
Foreign Domestic
President is Comander and Chief of our Army. Wage War Veto Laws
Write Treaties Pardon Criminals
Appoint Foreign Ambassadors Call a special session of congress
State of the Union
Appoint Judges and Civil Officers
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Judicial Branch Article 3

• Establishes one Supreme Court and leaves Congress
  with the decision to establish other inferior
  courts
• What about Judicial Review?
• No explicitly stated but it is implied in the
  text
• Extending all cases, in law, and equity arising
  under the Constitution and laws of the United
  States (Section 2)
• INTERPRETING LAWS

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Article 3Judicial Branch

• The Judicial Branch derives most of its power,
  not from the Constitution, but from a Court Case
• Marbury vs. Madison
• Establishes Judicial Review
• While Judicial Review is not in the Constitution,
  the AP Board does acknowledge it is a
  Constitutional provision

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Article 4

• Full Faith and Credit Clause
• Protect citizens of all states from State
  Governments
• Entitled to all privileges and immunities of
  Citizens in the several states(50 now)
• Prison Break
• Same Sex Marriage

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Article 5How to Amend the Constitution

• Both Houses of Congress must pass an amendment by
  2/3rds vote
• After the amendment passes in Congress it goes to
  the State Legislatures.
• ¾ of the State Legislatures must approve the
  Amendment for it to pass.
• The President has no formal part in Amending the
  Constitution

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Article VISupremacy Clause

• This Constitution, and the laws of the United
  States which shall be made in pursuance thereof
  and all treaties made, or which shall be made,
  under the authority of the United States, shall
  be the supreme law of the land and the judges in
  every state shall be bound thereby, anything in
  the Constitution or laws of any State to the
  contrary notwithstanding.