Constitution 101:
An Introduction & Overview to the US Constitution
United States Constitution 101
This PPT can be used alone or in conjunction with the Consortium’s Goal 1 & 2 lessons,
available in the Database of Civic Resources at www.civics.org.
DESIGNING A POLITICAL SYSTEM
Suppose you had a chance to design a political system. What sort
would you design? First, you would need to decide what you value
in a political system. Look at the pairs of statements below, and
mark one of each pair of attributes that you would value most in
your political institutions. Circle A or B to indicate your choice.
Which would you rather have?
1. A. A political system with the most political democracy
possible; that is, one that translates popular wants into laws and
policies as efficiently as possible
B. A political system that gives elected officials considerable
latitude to do what they want or feel is best, without having to
worry too much about public opinion
2. A. A political system that can quickly make major policy
changes
B. A political system where major changes in policy are very
hard to implement and happen only rarely
3.
A. A political system that allows minorities to block
governmental actions that they feel are unfair or unjust to them
B. A political system in which the majority prevails, even
in the face of minority opposition
4.
A. A political system that seeks to make its citizens
virtuous and good
B. A political system that leaves citizens alone to live as
they wish
5.
A. A political system with power centralized in one place,
to allow coherent and consistent policy across an entire nation
B. A political system with power decentralized, to
represent the needs and wants of various localities
6.
A. A political system that assumes that people are
generally self-serving and attempts to make the best of that fact
B. A political system that seeks to make its citizens
unselfish and concerned with the common good
Did you make the “right” choice?
1. B—representation, separation of powers, checks
and balances, federalism
2. B—separation of powers, checks and balances,
federalism, judicial review
3. A—Bill of Rights, judicial review, separation of
powers, minority rights
4. B—Bill of Rights, religious freedom
5. B—federalism
6. A—separation of powers, checks and balances,
Madison’s factions
How are your values different than
those who wrote the Constitution?
What is the US Constitution?
• The supreme law of the United States.
• It is the foundation and source of the legal
authority underlying the existence of the
United States of America and the Federal
Government of the United States.
• It provides the framework for the organization
of the United States Government.
What are the basic principals of the
Constitution?
• Popular Sovereignty
– Government power resides in
the people
• Limited government
– Government is not all powerful,
can only do what the people let
it.
• Separation of Powers
– Helps prevent one branch from
becoming too powerful
– Checks and Balances
• Federalism
– Division of power among
national and state governments
What are the Checks and Balances?
Conflict and Compromise: The
Constitutional Convention
• https://www.youtube.c
om/watch?v=fbf23u6g1
k8
Checks and Balances practice
• Wait for instructions!!
Separation of Powers. Write the letter of each power in the
space where it belongs on the diagram. Overlapping parts of
the diagram are where shared powers go.
How is separation of powers achieved?
In the source of power for each branch:
Each branch derives its authority directly from the
Constitution NOT from one of the other branches.
In the selection of officials:
Top officials in each branch selected by different
methods.
In how officials hold office.
Officials hold office in only one branch at a time and
for different lengths of time.
Who Wrote It?
• James Madison is
considered “the father
of the Constitution.”
• His important
contributions:
– The Virginia Plan
– Separation of Powers
– Bill of Rights
Why was it written?
• After the Revolutionary War, the Articles of
Confederation set up the structure of the US
Government.
• The federal government was extremely weak
and this created many problems such as:
1. No separation of powers – only unicameral
legislature.
2. Weak central government – states had most power.
3. Congress did not have the power to tax – this means
they could not get their finances in order.
Why was it written?
• More problems with the Articles of Confederation:
4. In order to change the Articles, all thirteen states had to
approve of the changes. This made it essentially
impossible to make any changes.
5. For any major laws to pass they had to be approved by 9
or the 13 states which was difficult.
6. Congress did not have the power to regulate commerce
which caused competition between states. It also caused
diplomatic issues when states refused to pay for goods
their received from other nations.
Why was it written?
• Shays’ Rebellion:
– An uprising of farmers in
Massachusetts – led by
Daniel Shays.
– Helped convince leaders
that a strong central
government was
needed.
"A scene at Springfield, during Shay's Rebellion, when the
mob attempted to prevent the holding of the Courts of
Justice."—E. Benjamin Andrews, 1895
When was it written?
•
•
•
•
May 25th to September 17th, 1787
Philadelphia
Intention was to revise Articles of Confederation
Ended up replacing the Articles and creating a new
government
• Called the “Constitutional Convention.”
What were the important outcomes of
the Constitutional Convention
• Virginia Plan:
– Separation of powers
– Bicameral legislature
based on population
– Federal government had
increased powers
• New Jersey Plan:
– Unicameral legislature
where every state
received equal
representation.
• Great Compromise:
– Hybrid of VA and NJ
Plans:
• Bicameral legislature:
– House of Reps based on
population
– Senate based upon
equal representation
– Three-Fifth’s Clause:
• Slaves count as 3/5’s of a
person for representation
purposes & taxes.
Warm up- Bill of Rights
Directions: Write in the space provided which Amendment
to the Constitution gives you those rights and liberties.
________1. No unreasonable searches; must have a search
warrant.
________2. Do not have to testify against yourself in a trial.
________3. Can have a lawyer to defend you.
________4. Cannot be put on trial for the same crime twice.
________5. No excessive bail or fines.
________6. Freedom of speech.
________7. You must be told what the charges are against
you.
_______11. You are guaranteed equal protection under the
law.
_______12. Freedom of religion.
_______13. Right to bear arms.
_______14. Right to due process.
_______15. Can confront witnesses against you.
_______16. Can have a public trial with an impartial jury.
_______17. Freedom of the press.
_______18. Do not have to house a soldier in your home.
________8. No cruel and unusual punishment can be used.
_______19. Right to a speedy trial.
________9. You can have a witness in your favor at a trial.
_______10. Freedom of assembly.
•
_______20. Your private property cannot be taken without
compensation.
Hmm…
• Explain two provisions in the Bill of Rights that
protect individuals who want to participate in
politics.
Ratification Debate
• Needed 9 of 13 states to ratify or official approve of
the Constitution before it went into effect.
• A huge debate emerged between two sides:
– Federalists
– Anti-Federalists
Federalists v. Anti-Federalists
• Federalists:
– Supported the
Constitution and a
strong central
government
– Alexander Hamilton,
James Madison, John Jay
– Federalist Papers –
series of articles written
in defense of the
Constitution
• Anti-Federalists:
– Supported a weaker
central government –
felt too much power was
taken away from the
states
– Opposed the
Constitution
– Wanted a Bill of Rights
included
– Samuel Adams, Patrick
Henry
Federalist 10
• What, according to Madison, is the principal cause of faction
in society, and do you feel that his view accurately reflected
his own times? What about the present?
• How does Madison propose to deal with the problem of
faction? Can faction be eliminated? How is it to be
controlled?
• What other constitutional devices, besides those mentioned
by Madison, tend to prevent the control of government by a
faction?
• What are the implications of Madison's theory for political
parties and interest groups within our political system?
Review
1.
In Federalist 10,
Madison suggests that faction
may be controlled by:
a)
a republican form of
government.
b)
a powerful Supreme
Court.
c)
a
strong
presidency .
d)
a national legislature.
2.
Federalist 10 suggests
that the framers of the
Constitution were:
a)
in favor of strong
political parties.
b)
suspicious of parties.
c)
in support of parties as
a necessary condition of
democratic government.
d)
oblivious to parties.
Federalist 10
• Has the role of majority rule continued to change in
our government since its writing? How?
• Which amendments expanded those who can vote,
thereby expanding democracy in our country?
Federalist 47
• Madison points out in Federalist 47 that the powers
of the three branches of government are distributed
and blended together in certain ways. At the same
time, he notes that “the accumulation of all powers,
legislative, executive, and judiciary, in the same
hands, whether of one, a few, or many, and whether
hereditary, self-appointed, or elective, may justly be
pronounced the very definition of tyranny.” How
does Madison justify the intermixture of powers with
his theory of the separation of powers?
Federalist 48
• What is Madison's view of the inherent power
potentials of the legislative, executive, and judicial
branches of government?
• To what does Madison attribute the potential power
of these branches of government?
Federalist 51
1. What does Madison mean when he says (Federalist
51), “The great security against a gradual
concentration of the several powers in the same
department, consists in giving to those who
administer each department, the necessary
constitutional means, and personal motives, to resist
encroachments of the others”?
2. How did Madison's view of human nature affect his
theory of government?
Review
1.
A central premise of James Madison in numbers
47, 48, and 51 of The Federalist is that:
a)
weak government is the best government.
b)
the combination of legislative, executive, and
judicial power is the very definition of tyranny.
c)
men are not angels and therefore those who
exercise political power
must be limited.
d)
b and c
Quickwrite
• The entire thrust of Madison's argument in Federalist
47, 48, and 51 seems to be in the direction of
controlling and even weakening the exercise of
governmental power. This is a negative view of the
role of government. The main question The
Federalist raises seems to be how to prevent the
arbitrary exercise of political power, rather than how
to guarantee effective political leadership. Do you
accept Madison's goal as the primary one in
establishing a governmental system? Is the
Constitution really as negative as Madison implies?
Essay assignment
Directions: Cite relevant historical evidence in support
of your generalizations and present your arguments
clearly and logically.
1. Analyze the reasons for the Anti-Federalists’
opposition to ratifying the Constitution.
Federalist vs. Anti-Federalist. Decide whether each statement
describes Federalists, Anti-Federalists, or both. Write the letter
in the correct area of a Venn Diagram
Ratification
• Officially adopted after
ratified by New
Hampshire.
• Once the new
government convened,
they added a Bill of
Rights to the
Constitution.
Structure of the Constitution
• Preamble:
– Statement of purpose
• Articles:
–
–
–
–
I: Legislative Branch
II: Executive Branch
III: Judicial Branch
IV: Relations Among the
States
– V: Amendment Process
– VI: Federal Power
– VII: Ratification
• Amendments:
– 27 Total
– 1st ten are the Bill of Rights
Key terms
• Enumerated (express) powers- those listed in the
Constitution. (Article I Section 8)
– Over 30 total. Major ones include: right to regulate
commerce, declare war, levy taxes, establish immigration and
bankruptcy laws.
• Implied powers- powers not specifically mentioned in
the Constitution, but can be inferred.
– McCulloch v. Maryland (1819)-necessary and proper clause
– Ex. The Constitution does not expressly mention the right to
privacy, or the right of people to adopt, or seek an abortion,
however, these rights can be inferred.
Major clauses/doctrines of the
Constitution
•
•
•
•
Supremacy clause- Article VI Section 2
Necessary and proper (elastic) clause-Article I Section 8
Free exercise clause- 1st amendment
Establishment clause- prohibits state church- 1st
amendment.
• “wall of separation” b/t church and state doctrine- 1st
amendment
• Commerce clause- Congress can regulate interstate and
foreign commerce. (Article I Section 8)
• Full faith and credit clause- all states have to follow the
records made in other states
Supremacy clause examples
Example 1:
State A has enacted a law that says "no citizen may sell blue soda
pop anywhere in the state".9516225 The federal government,
however, has established the "Anti-Blue Sales Discrimination Act",
prohibiting actions that discriminate against the color of goods sold.
A local food and beverage vendor who sells blue soda pop in
vending machines is charged with violating the state law. She may
challenge the state law on the basis that it is preempted by federal
law, and therefore violates the Supremacy Clause of the U.S.
Constitution.
Example 2:
The United States passes a law promising to preserve and to protect
Indian tribes. State B wants to tax Indian tribes located within its
state. Under the Supremacy Clause of the U.S., State B may not tax
a federally recognized Indian tribe since doing so would violate the
tribe's political interest in which the U.S. has promised to protect.
What about marijuana legislation?
Although the U.S. Supreme Court has established Congress’s constitutional authority to enact the
existing federal prohibition on marijuana, principles of federalism prevent the federal government
from mandating that the states actively support or participate in enforcing the federal law. While
state resources may be helpful in combating the illegal use of marijuana, Congress’s ability to
compel the states to enact similar criminal prohibitions, to repeal medical marijuana exemptions,
or to direct state police officers to enforce the federal law remains limited by the Tenth
Amendment.
Even if the federal government is prohibited from mandating that the states adopt laws supportive
of federal policy, the constitutional doctrine of preemption generally prevents states from
enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that
conflict with federal law are generally preempted and therefore void. Courts, however, have not
viewed the relationship between state and federal marijuana laws in such a manner, nor did
Congress intend that the CSA displace all state laws associated with controlled substances.
Instead, the relationship between the federal ban on marijuana and state medical marijuana
exemptions must be considered in the context of two distinct sovereigns, each enacting separate
and independent criminal regimes with separate and independent enforcement mechanisms, in
which certain conduct may be prohibited under one sovereign and not the other. Although state
and federal marijuana laws may be “logically inconsistent,” a decision not to criminalize—or
even to expressly decriminalize—conduct for purposes of the law within one sphere does nothing
to alter the legality of that same conduct in the other sphere.
Source: https://www.fas.org/sgp/crs/misc/R42398.pdf
Article I: Legislative Branch
• Bicameral:
– Senate
• 2 Senators for each state
– House of
Representatives
• Based on population
• Reps serve for 2 year
terms
• Senators serve for 6
year terms
• Important Powers:
–
–
–
–
–
–
Make laws
Set taxes
Declare war
Override Vetoes
Borrow money
Regulate international
and national trade
– Print money
Article I: Legislative Branch
Powers of the House
• Initiate revenue bills
(power of the purse)
• Choose President when
electoral college is
deadlocked
• Impeachment
Why?
• Closer to the people
• More responsive
Powers of the Senate
• Treaty ratification
• Confirmation of Judicial
appointments
• Try impeachments/
conviction/ removal
from office
Why?
• More insulated from
public
• Longer terms
Article II: Executive Branch
• President and Vice
President are elected to
4 year terms
• Qualifications:
– At least 35 years old
– 14 year resident of the
US
– Natural born citizen
• Elected by the Electoral
College
• Important powers:
–
–
–
–
–
Commander-in-Chief
Grant pardons
Make treaties
Appoint federal officers
Ensure laws are
executed
Article III: Judicial Branch
• Supreme Court judges
serve for life unless
impeached.
• Judicial power rests
with US Supreme Court
and other courts
created by Congress
• Important Powers:
– Decides cases of
Constitutional law and
federal law
– Cases involving
ambassadors go straight
to Supreme Court
– Judicial Review comes
later (1803 – Marbury v.
Madison)
Other Important Articles:
• Article V: Amendments:
– Amendments are proposed
when 2/3 of House and
Senate deem it necessary
– Amendments are proposed
when 2/3 of states deem it
necessary
– Amendments must be
ratified by ¾ of state
legislatures or by
conventions in ¾ of states
• Article VI: Federal
Power
– Supremacy Clause:
Federal law is supreme
to state law
– No religious tests for
public office
Important Amendments:
Bill of Rights
1.
2.
3.
4.
5.
Freedom of religion, of
speech, of the press, to
assemble, and to petition
Right to bear arms
No quartering of soldiers
No unreasonable search and
seizure
Indictments; Due process;
Self-incrimination; Double
jeopardy, and rules for
Eminent Domain.
6.
Right to a fair and speedy
public trial, Notice of
accusations, Confronting
one's accuser, Subpoenas,
Right to counsel
7. Right to trial by jury in civil
cases
8. No excessive bail & fines or
cruel & unusual punishment
9. There are other rights not
written in the Constitution
10. All rights not given to Federal
Government belong to states
and people.
Other Important Amendments:
Reconstruction Amendments
• 13th Amendment
– abolished slavery
• 14th Amendment
– Due process and equal protection under the law
– All persons born in US are citizens
• 15th Amendment
– Right to vote regardless of race, color, or previous
servitude
Other Important Amendments:
• 18th Amendment
– Prohibition of alcohol
• 19th Amendment:
– Women’s suffrage
• 21st Amendment:
– Repeals prohibition
• 22nd Amendment:
– Presidential term limits
• 24th Amendment:
– Prohibits poll taxes for voting
• 26th Amendment:
– lowers voting age to 18
1. The framers of the United States Constitution created
a legislative system that is bicameral. However, it is not
just bicameral; the framers also established two houses
of distinctly different character and authority.
a. Discuss two reasons why the framers created a
bicameral legislature.
b. Identify one power unique to the House of
Representatives and explain why
the framers gave the House that power.
c. Identify one power unique to the Senate and
explain why the framers gave the Senate that
power.
Why is the Constitution a living document?
Madison said,
“ambition must be made to counteract ambition.”
Is the Constitution an idealistic document?
Or does it make a rather “hard-boiled” appraisal of people and try to check human weakness with human
weakness?
Is the Constitution great because it is majestic and unshakable-a kind of Ten Commandments good for all
places and times?
Or is it great because it is vague and flexible-a work of art that may mean different things to different
times?
With a partner:
Find three historical examples of major government actions that show the system of checks and
balances at work.
Event …………
…..causing President XXX did this…
resulting in Congress taking action by …….