Features of the Constitution
Jamie Monogan
University of Georgia
August 26, 2015
Objectives
By the end of this meeting, participants
should be able to:
• Describe the major provisions of the
U.S. Constitution.
• Explain the causes and reasoning
behind the institutions the framers
crafted.
Features of Constitution
• President as head of executive
branch
– Elected by electoral college to 4-year
term
• Bicameral legislature
• Independent Judicial branch
– Justices serve for life after presidential
nomination and Senate confirmation
Constitutional powers
• Expressed powers specifically
described in the Constitution
– Article I, Section 8, lists powers of
Congress
• Elastic clause is more vague
– Allows Congress to pass all laws that are
“necessary and proper” to carry out
enumerated powers
Separation of Powers
• Federal power divided
between executive,
legislative, and judicial
branches of
government
• Overlapping powers
lead to checks and
balances between the
branches
Federal Supremacy
• Supremacy clause of the Constitution
states that federal laws trump state
and local laws
– Major concession by opponents of
strong national government
• States do have explicit protections
and reserved powers
Amending the Constitution
• More flexible process than under
AOC
• 2/3 of each legislative chamber, plus
3/4 of state legislatures
• 2/3 of state legislatures can call for
convention; proposed amendments
need 3/4 of state legislatures
Ratification Debate
• Federalists argued for ratification
• Federalist Papers
– Written by James Madison, Alexander Hamilton, and
John Jay under the name Publius
– Outlined arguments that institutions were necessary
to solve collective dilemmas
– Checks and balances would constrain government
• Antifederalists urged rejection, thought federal
government was too strong
– “Letters from the Federal Farmer to the Republican”
(might have been Richard Henry Lee)
Ratification
• New Hampshire ratified ninth (June
1788)
• Virginia and New York were big states
in doubt; both ratified summer of 1788
• Congress and President Washington
took office on April 30, 1789
Bill of Rights
• First 10 amendments
• Addressed complaints that
Constitution did not protect individual
rights
• Provides protections for free speech,
right to counsel, and those charged
with crimes
Major Amendments
since the Bill of Rights
• Slavery was abolished (13th
amendment)
• National power has grown at expense
of state power
• More offices directly elected
– President and senators
• Increase in citizen rights and liberties
Assignments
• Chapter 2 concept map exercise due at
11:59pm tonight.
–Login to ELC to complete.
• For Friday: Read Bullock & Gaddie,
Chapter 4
• For Monday: Kollman, pp. 67-82
Additional Material
“Living Constitution”
• Document is short and vague
• Meaning has changed with
amendments, new laws, and court
rulings
• Presidential authority has grown,
especially in foreign policy