The Constitution
The Engine of Our Republic
“Supreme Law of the Land”
Constitution – Vocabulary [22 terms]
1. U.S. Constitution – 4,300 words in 7 main parts or sections called
articles. Including the 27 amendments, there are 6,700 words.
The seven articles are:
a. Legislative b. Executive c. Judicial d. Relations Among States
and the Federal Government e. Amending Process f. National
Supremacy g. Ratification of the Constitution [9 of 13 colonies]
2. Formal [constitutional] Amendments – 27 amendments ratified
by the States [Over 10,000 have been proposed; 33 were
sent to the States and 27 were approved.]
3. Informal [non-constitutional] Amendments – non-constitutional
changes implemented by:
a. Party practices – conventions
b. Congressional laws – Constitution says congress can make “all
laws necessary and proper” [elastic clause]. This allows them to
stretch their power such as “the power to regulate currency”
allowed them to create a national bank in 1819.
Constitution - Vocabulary
c. Presidential actions – presidents have expanded the power of the
presidency by doing things like sending troops into combat over 200 times.
d. Customs – appoint cabinet positions and forming political parties.
e. Court decisions – The Supreme Court just took the power of judicial
review by declaring State and federal laws unconstitutional [null and
void]. No one has challenged them on this.
5. Weaknesses of the Articles of Confederation 1781-1787.
a. Could not collect taxes
b. There was no executive branch
[feared the re-establishment of a
monarchy, however, there was no
executive to enforce acts of
congress due to bad experience
with George III.].
c. No national court system
d. Unanimous approval of all 13 States
for an amendment [one State had
veto power over any amendments]
e. States had too much autonomy
Constitution - Vocabulary
6. New Jersey [small State] Plan – each State received one vote.
7. Virginia [ large State] Plan – one house’s representatives
would be based on population and they would chose
members of the other house.
8. Great [Connecticut Plan] Compromise – one house based on
population [each State would get at least one representative]
and the other house would have 2 members from each State.
9. Bill of Rights – civil liberties [speech, religion, press, etc.]
is the 1st 10 Amendments.
10. Separation of Powers – power is distributed among the
3 branches.
Constitution - Vocabulary
11. Checks and Balances – each of the three branches of government is
subject to checks by either or both of the others.
Constitution - Vocabulary
There are Three Delegated [granted] Powers of the National Government
12. Expressed Powers of the National Government – written in constitution.
13. Implied Powers of the National government – not written but implied in
the constitution by the elastic clause [“shall make all laws necessary
and proper” (which means “convenient and useful”)]
14. Inherent Powers of the National Government – because of nationhood
[like acquiring territory or deporting aliens]
Delegated Powers
Expressed Powers
[enumerated]
Implied Powers
[suggested]
Written in the
Constitution [17]
Elastic Clause:
Necessary & Proper [hundreds]
Example:
*Congress can coin
money & declare war
Example:
*Congress builds
interstate hwy sys
Inherent Powers
[historically possess]
Just because
it’s a nation
Example:
*Congress regulates
immigration and
acquires territory
Constitution - Vocabulary
15. Marbury v. Madison [1803] – 1st case in which an act of Congress was
declared unconstitutional [null and void] by the Supreme court. 1,000
laws of the States have been declared unconstitutional and 150 acts
of congress have been declared unconstitutional.
16. Plead the 5th – don’t have to testify against yourself or your spouse.
17. Due Process – fair and equal treatment under the law. Laws have to
be fair and legal.
18. Double Jeopardy – tried twice for the same crime.
19. Eminent Domain – the government can take your property for public
use, but they do have to pay you a fair price.
20. Exclusionary Rule – evidence gained by unlawful search or seizure.
21. Probable Cause – good reason or “probable cause”
that the suspect is guilty.
22. Ex Post Facto – “after the fact” declaring something a
crime even though it was legal when it was committed.
[Like “can’t be punished today for wearing polyester
leisure suits and bell bottoms in the 1970s.
We won the war, now what?
• Ideas for the United States government was inspired
by other countries laws and ideas.
• The English Magna Carta made the king subject to
laws!
• The English Bill of Rights declared English
Parliament supreme.(legislative body)
• The Enlightenment allowed people to use reason
and logic to examine ideas and traditions.
• Philosopher John Locke believed a contract must
exist between government and the people.
• Philosopher Baron Montesquieu believed a
successful government could only exist if powers
were separated!
• We now have the right to life, liberty
and the pursuit of happiness!
• Let’s all celebrate!
The Articles of Confederation
(Our 1st attempt at a Constitution)
• The Second Continental Congress believed there needed to be
a “Supreme Law of the Land” so on November 15, 1777
Congress passed The Articles of Confederation.
• The Articles of Confederation would have limited powers in
order to protect the liberties of the people.
• Each state had one vote (13 total) in Congress.
• Congress could:
No President!
1. settle conflicts among the states.
No Court System!
2. Make coins.
3. Borrow money.
4. Make treaties with other nations and Native Americans.
5. Ask states for money for soldiers, but states could refuse
request.
Ratification
• The Congress sent the Articles of Confederation to
each state legislature for ratification (official
approval)
• Conflicts over western lands slowed the process.
• Congress passed the Northwest Ordinance of 1787.
Northwest Ordinance (1787)
• When 5,000 free
males of voting age
settled an area, it
became selfgoverning.
• When the population
reached 60,000 free
citizens, the area could
apply for statehood.
Ex.) OH, IN, IL, MI,
WI
• Slavery was outlawed.
• Before we look at the Constitution let’s look
at why the Articles of Confederation failed.
Economic Disasters!
• Britain closes some needed trading
markets.
• Britain imposes high tariffs (taxes on
imports/exports)
• Congress had no power over interstate
commerce(trade between 2 or more
state) so merchants struggled because
each state had different laws, taxes and
cost of items.
• An economic depression begins!
Frustrated Farmers!
Shays’ Rebellion
• Farmer’s income
decreased while taxes
increased.
• Farmers who could not
pay their debts had their
farms taken away by the
courts.
Massachusetts farmer
Daniel Shays and his
supporters occupy a
Massachusetts courthouse.
• In 1786, Daniel Shays led a group of farmers in an attempt to
shut down the Supreme Court of Massachusetts so no more
property could be taken away!
Men Fighting
During Shays'
Rebellion
• The U.S., without an organized army, was powerless.
Massachusetts sent a militia to stop the rebellion.
• Shays’ Rebellion convinced many people that the U.S.
needed a new, stronger, more effective government.
OTHER ISSUES!!!
No Chief Executive
To Enforce The Laws
BOTTOM LINE
• NO POWER OVER
STATES
• ARTICLES COULD
NOT PROTECT
CITIZENS’ PROPERTY
RIGHTS
Constitutional Convention
• In September 1786 the Virginia Legislature
called for a National Conference to
discuss changes needed! (only 9 states
attended)
• SOOOO James Madison and Alexander
Hamilton called for A Constitutional
Convention in Philadelphia in May of
1787.
• The guest list? Franklin, Washington,
Madison and more (Jefferson couldn’t)
“FATHER OF THE
CONSTITUTION”
HETOOK
COPIOUS
NOTESNEVER
MISSED
A DAY
Some were against the
Constitution, like…
Patrick Henry.
THE GREAT COMPROMISE-Refer to
diagram on left of paper
• Several Issues divided the delegates at the
Constitutional Convention. Like how much to
change the Articles of Confederation,
differing ideas on representation, how to
make a strong government, economic
concerns like tariffs and slavery.
• 2 plans were considered by the Congress
with parts of both being used.
Articles of Confederation
The US Constitution
1.
Unicameral Congress (1 house)
1.
Bicameral Congress (2 houses)
2.
Equal (one) vote in Congress per state
2.
In House of Representative, states were
represented based on population; In the
Senate each state got two votes regardless of
population
3.
No Executive Branch
3.
Executive Branch established, lead by US
President, carries out laws
4.
No Judicial Branch
4.
Judicial Branch established, headed by
Supreme Court, interprets laws
5.
9 out of 13 states had to approve laws in
Congress
5.
Majority rules! (50% +1 in each house to pass
laws)
6.
States could coin their own money
6.
Congress has exclusive right to coin money
7.
States could regulate trade with states and
foreign nations
7.
Only Congress could regulate trade with states
and foreign nations
8.
States had great autonomy to govern
themselves
8.
States recognize the US Constitution as the
final word on all matters
9.
Only states had the power to impose taxes
9.
Congress can impose taxes as well
AKA-Large State Plan
1.Gave more power to national government
2.Bicameral legislature(2 houses)
3.Number in both Houses based on Population
1. Gave =power in national
government to all states.
2. Unicameral legislature.
3. Each state would have an
equal number of
representatives
The Great Compromise
435
members
100 Members: 2 from each state
What about Slavery?
Additional Compromises at the Convention
Compromises on slavery
• Southern states wanted to count all slaves for
representation purposes but none for taxation.
• Northern states objected.
• Three-Fifths Compromise: all whites plus three-fifths
of the slave population would be counted for both
representation and taxation.
• Native Americans were not counted.
Slavery Compromise: Slavery for 20 more
years to maintain unity.
• The fugitive slave clause, stated that a slave
who fled to another state had to be returned to
his or her original state.
Objectives: A Living Constitution
1. Six basic principles of the Constitution
2. How the Constitution is formally amended
[and the 27 amendments]
The Constitution is referred to as the LIVING
1 CONSTITUTION because it is highly flexible and can
change to meet the times.
• It begins with a short Preamble (statement of why the
Constitution was written). It is divided into 7 main parts
called Articles, which are then divided into smaller
2 sections.
National Archives Building
Jefferson said the Constitution
“belongs to the living and not the dead”
which means 3. it must be responsive
to changing times and customs.”
“THE CONSTITUTION WAS NOT MADE
TO FIT US LIKE A STRAIGHTJACKET.
IN ITS ELASTICITY LIES ITS CHIEF
GREATNESS.”
Woodrow Wilson
PURPOSES OF CONSTITUTION
• Allow for Change
• The framers wanted to
make sure the
Constitution could
change with the times
• But they did not want
change to the most
basic structures and
rules of government
• Thus, Article 5 allows
for “Amending”
Preamble
Article I The Legislative Branch
Section 1. Congress
Section 2. House of Representatives
Section 3. Senate
Section 4. Elections and Meetings
Section 5. Organization and Rules
Section 6. Privileges and Restrictions
Section 7. Passing Laws
Section 8. Powers of Congress
Section 9. Powers Denied to the Fed Gov.
Section 10. Powers Denied to the States
Article II. The Executive Branch
Section 1. President and Vice-President
Section 2. Powers of the President
Section 3. Duties of the President
Section 4. Impeachment
Article III. The Judicial Branch
Section 1. Federal Courts
Section 2. Jurisdiction of the Federal Courts
Section 3. Treason
Article III. The Judicial Branch
Section 1. Federal Courts
Section 2. Jurisdiction of the Fed. Courts
Section 3. Treason
Article IV. Relations Among
States
Section 1. Official Acts
Section 2. Mutual Duties of States
Section 3. New States and Territories
Section 4. Federal Protection for States
Article V. The Amending
Process
Article VI. National Supremacy
Article VII. Ratification of the
Constitution
Framers of the Constitution: Respecting
people’s rights while creating a strong
government was a major task of the framers of
the Constitution
Six principles were designed to ensure that we
could have a strong government and keep our
liberties
I. The first principle is POPULAR
SOVEREIGNTY- the idea that political
authority belongs to the people.
The Constitution acts as a contract with the people:
1. People grant government powers so they can get the work
of the nation done
2. People spell out what the government may NOT do
3. Popular [people] sovereignty [absolute rule] –absolute
power is invested in the people.
4. The “We, the people” in the Preamble, shows that the
people are the only source of governmental power.
5. The government may govern only with the consent of the
people is what popular sovereignty means.
6. People can “fix” unfair laws.
The people elect public officials to make laws for them.
It would be too difficult for everybody to directly vote on
every governmental matter that needed to be addressed,
so we elect politicians we agree with to vote for us in
Congress.
This is called representative government= A system of
government in which voters choose representatives to
govern them.
1789
White, male, at least 21 years old,
land owner (in most cases)
1800-1850’s
White, male, at least 21 years old
1870
Male, at least 21 years old
(black men gained the right to vote15th Amendment)
1920
At least 21 years old
(women gained the right to vote19th Amendment)
1961
Citizens living in Washington, DC
can vote in presidential elections
(amazingly, those living in the
District of Columbia could not vote
for President of the United States
because they were not a state and
had no electoral votes… the 23rd
Amendment gave DC 3 electoral
votes)
1971
All citizens who are at least 18 years
old may vote
(26th Amendment)
The people choose officials for the
following national offices:
1. House of Representatives (Art. 1, Sec. 2)
2. Senate (Amendment 17)
3. Members of the Electoral College
(who vote for the President)
Suffrage =The right to vote
Voting rights have increased over
time.
•
Limited government reflected the
Framers fear of too much power
[tyranny] accumulating in any one
branch.
•
The people are the only source of
authority.
•
Government is not all powerful and can
do only things the people want.
•
The government must obey the law.
Power being distributed among
the three branches is
separation of powers.
The purpose was to prevent
any group or individual
from having all the power.
The Framers distrusted a
strong central government
in which the same people
make, enforce, & determine
the laws.
The government was divided into
3 independent branches
I. Legislative [Congress]
II. Executive
III. Judicial
LEGISLATIVE BRANCH
Main purpose:
MAKE LAWS
Examples of duties…
•
•
•
•
•
Coin money
declare war
tax
maintain the military
ratify treaties
EXECUTIVE BRANCH
Main purpose:
ENFORCE/ CARRY
OUT LAWS
Examples of duties…
• serve as commander in
chief of armed forces
• negotiate treaties
• appoint advisors (cabinet,
ambassadors)
• appoint federal judges
• approve/veto bills
And dance!!!!
JUDICIAL BRANCH
Main purpose:
INTERPRETS/
EXPLAINS LAWS
Examples of duties…
1. declare laws
constitutional/
unconstitutional
2. declare executive
actions constitutional/
unconstitutional
Framers created a system of checks and balances
Checks and Balances – This keeps any branch of
government from becoming too powerful.
A. each one is subject to checks by either or both of the others.
B. There are checks when the President vetoes an act of Congress,
or Congress overrides a presidential veto. Or the Senate rejects a
presidential appointee, or when Congress removes judges through
impeachment.
C. This check and balance system makes compromise necessary.
Legislative Branch Checks Over…
Executive
• can override presidential veto
• confirms presidential appointments
• ratifies treaties
• can declare war
• appropriates money
• can impeach and remove president
Judicial
• Create lower federal courts
• Can impeach or remove judges
• Can propose amendments
(overruling judicial decisions)
• Approves appointments of federal
judges
Executive Branch Checks Over…
Legislative
• can propose laws
• makes appointments
• negotiates foreign treaties
• can veto laws
• can call special sessions of
congress
Judicial
• appoints federal judges
• can grant pardons to federal
offenders
Judicial Branch Checks Over…
Executive
Legislative
• can declare
• can declare laws and
executive actions to acts of Congress to be
be unconstitutional unconstitutional
Judicial Review: The power
of the Court to declare a
government action illegal,
or, null and void, because it
violated the Constitution.
The power of judicial review is held by all
federal courts and most State courts.
The lowest State courts – justice of the peace courts –
do not have judicial review because they are not
courts of record.
Former Chief Justice Hughes said,
“We are under the Constitution but the
Constitution is what the judges say it is.”
The framers recognized
that state governments
could deal with the needs
of their people better than
a national government
For this reason, they
sought to create a nation
that had Federalism is
shared powers between the
federal government and the
state government
The Constitution does not list the powers of the state
government, but instead says all powers not delegated to the
federal government are reserved to the states (Amendment 10)
Texas Capitol
The Constitution does state the powers that are
denied to the states in Article 1, Section 10.
FEDERAL POWERS
• Regulate
interstate and
foreign trade
• Create and
maintain armed
forces
• Coin Money
• Declare War
• Admit new states
• Establish foreign
policy
• Make peace
treaties
STATE POWERS
SHARED POWERS
• Raise Taxes
• Build Roads
• Create and
impose penalties
for crimes
• Charter Banks
• Provide for the
public welfare
• Regulate trade
within state borders
• Conduct Elections
• Create local
governments
• Provide for public
safety
• Establish laws
about marriage &
divorce
• Control Education
The Constitution also
ensures…
1. States are treated equally.
2. States must respect the
laws of other states.
3. All States are guaranteed
representation in Congress.
The Constitution also makes
clear that the Constitution is
the “supreme law of the land”
and federal courts will decide
disputes between states and
the federal government.
Executive Branch Facts
Consists of a 15 Executive Member Cabinet
President Barack Obama/Vice-President Joe Biden
Vice-President job: Presiding Member of the Senate.
The Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services,
Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation,
Treasury, and Veterans Affairs, as well as the Attorney General.
Executive Branch Facts
Things to remember:
1. A President can veto a bill that Congress presents.
2. A Pocket Veto is when the President fails to sign a
bill within the 10 days allowed by the Constitution.
Congress must be in adjournment(recess) in order
for a pocket veto to take effect.
• If Congress is in session and the president fails to sign the
bill, it becomes law without his signature.
3. Powers: Commander in Chief/Make Treaties/Veto Laws/
Propose Laws
Legislative Branch Facts
• Legislative Branch called Congress (2 Houses)
• 100 Senators (2 per state)-Senators (6 yr. term)
• 435 House of RepresentativesCongressmen/Congresswomen (2 yr. term)
• Representatives based on state population.
• Population based on Census every 10 years.
• California has 53 Representatives in the House.
• Senators/Representatives are elected Direct Election.
• Jobs: All treaties must be ratified by Congress/Pass
laws/ All bills pertaining to $ begin in the House of
Reps.
• California Senators= Boxer and Feinstein
Speaker of the House
• Nancy Pelosi.
• Third in line for President…
Roseville Representatives
• Roseville is in the 4th California
Congressional District.
Tom McClintock is the Congressman
representing the 4th District
Judicial Branch Facts
Job: To interpret laws
• 9 Supreme Court Justices (life time
appointment)
• The Chief Justice is John Roberts
• A Supreme Court Justice may be removed
for impeachment.
There are 27
Amendments
The Framers of the
Constitution understood
that conditions would
change throughout time.
George Washington said,
“I do not think we are more
inspired, have more wisdom,
or possess more virtue than
those who will come after us.”
George Washington
(Lansdowne portrait). Oil on canvas.
1796. National Portrait Gallery,
Smithsonian Institution.
For this reason, the framers
devised a system for
amending the Constitution
2 Ways: Formal and Informal.
Formal
2/3 of each house
of the US Congress
can propose
amendments
2/3 of states can call
for a national
convention for the
purpose of proposing
amendments
Formal
3/4 of the state
legislatures
must approve
3/4 of special
state conventions
must approve
Federalists and Anti-federalists
1. Amendment 1. Freedom of Religion,
Speech, Press, Assembly, and Petition
2 Amendment 2. Right to Keep Arms
3 Amendment 3. Quartering of Troops
4 Amendment 4. Search and Seizure;
Warrants
5 Amendment 5. Rights of Accused
Persons
6 Amendment 6. Right to a Speedy Trial
7 Amendment 7. Jury Trial in Civil Cases
8 Amendment 8. Bail, Fines,
Punishments
9 Amendment 9. Rights Not Listed are
Retained by the People
10 Amendment 10. Powers Not Listed are
Reserved to the States
30
Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS.
[“Civil Liberties” or freedom of expressions are the
keystone of individual freedom.
a. Freedom of Religion or not to have a religion.
People may worship or not worship as they please.
The government cannot favor one religion over
another
b. Freedom of speech – this freedom is restricted if it
harms others. We have laws against slander [spoken]
31 or libel [written statements] intended to damage one’s
reputation.
Speech that offends the moral sense [obscenity] of
others or speech that endangers the safety of the
nation [military secrets] may be punished.
c. Freedom of the Press means we can write our
opinions and circulate them to others through T.V.,
newspapers, or magazinesthey are published or
broadcast.
d. Right to assemble for any peaceable purpose.
Any political party or interest group has the right to
hold a meeting as long as they are peaceful.
e. Right to petition government officials, or convey
our opinions to them. You can get people to sign a
petition and send it to government officials.
Amendment 2. Right To Keep And Bear Arms
The purpose was to prevent Congress from denying
States the right to have a militia of armed citizens.
The States and federal government can regulate the
possession and use of firearms by individuals.
Amendment 3. No Quartering of Troops In Homes
This is absolute during peacetime; limited during wartime.
Amendments 4-8 protect the individual in dealing with the
police and courts.
Amendment 4. Limits The Conditions Under
Which Police May Search for and Seize
Evidence and People [Privacy Amendment]
A. No “Fishing Expeditions” by public officials [a search
must be reasonable and based on probable cause].
B. In most cases, a search or arrest warrant will be
necessary. The warrant must describe the specific place
to be searched and the persons or things to be seized.
C. A police officer may chase a suspect into his house
& not secure a warrant (this would be probable cause).
D. The Supreme Court has ruled that evidence gained
as a result of an unlawful search or seizure cannot be
used at the trial. [Exclusionary Rule–has to be excluded]
Amendment 5. Rights of Accused Persons
[5-8 have to do with “rights of the accused”]
A. A person can be tried for a serious crime only if
he has been accused of that crime by a grand jury.
B. No one may be tried twice for the same offense.
[Double Jeopardy clause] – no one may be put in
jeopardy twice for the same offense]
So, if the jury foreman says?
There will be no 2nd trial.
C. No one may be forced to testify against himself
or his spouse. You don’t have to answer questions
by the police or the courts. [Plead the “5th”]
D. No one can be deprived of life, liberty,
or property without due process of law
[fair and equal treatment under the law].
E. The government may take private property for a
legitimate public purpose; but when it exercises that
power of EMINENT DOMAIN [taking property for
public use], it must pay a fair price.
New Cowboys stadium
meant property losses.
Amendment 6. Right To A Speedy Trial
A. IMPARTIAL JURY. You do not have to use a jury
and can have the case transferred if it has received
too much publicity.
B. Right to be told what crime
you are accused of.
C. Right to hear and question all witnesses
against you.
D. The right to compel [require their
testimony] witnesses to appear at
a trial to tell your side of the story.
E. Right to a lawyer.
Marcia Clark
Amendment 7. Jury Trial In Civil Cases [not a
criminal matter – but where one person sues
another] Applies to all disputes in excess of $20.
Amendment 8. No Excessive Bail or Fines, or
“Cruel and Unusual Punishment” [like
torture and beheading] [The Court of Military
appeals has abolished an old Navy punishment
of 3 days on bread and water as both cruel and
unusual]
Tar and
Feathering
The
“Rack”
Amendment 9. Unenumerated Rights – The Constitution
does not describe all of our rights. This amendment
guarantees those fundamental rights not enumerated.
Courts can’t define all your rights but that doesn’t mean
you don’t have them.
Amendment 10. Limits The Power Of The Federal
Government. Powers not granted to the U.S., nor prohibited
to it by the States are given to the States or the people.
But what are they?
The End