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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