The Constitution Unit 2 Notes

How did we get the Constitution?

How did we get the Constitution? Founding fathers got together at the Constitutional Convention to revise the Articles of Confederation, but created a new law of the land – the Constitution! The men present at the Convention are often called the “Framers” of the Constitution

The Constitutional Convention The Convention was all about COMPROMISE because they were several disagreements between factions They had to resolve those disagreements in order for the ratification of the Constitution to take place

Ratification Formal approval of the Constitution In order for ratification to occur, several compromises had to be made to get at least 9 of the 13 states to approve the Constitution

Federalists vs. Anti-Federalists The Federalists Want a strong national government Support ratification of the Constitution The Anti-Federalists Want strong state governments Did not support ratification of the Constitution until it protected individual and states’ rights COMPROMISE = Bill of Rights! The Bill of Rights protects our individual rights and states’ rights.

Large states vs. Small states want representation in Congress to be based on population, which would mean that they would have more power in Congress Small States Wanted representation in Congress to be equal for each state so that large states would not have 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 Does not want slaves to count towards population for representation because it would give the South more power South Wants slaves to count towards their population for representation purposes because it would give them more 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 was the Constitution! The founding fathers created a final law of the land for the U.S. that they could all agree upon and that would be ratified It is considered a “living document”. Why is that?

Why is the Constitution a “living document”? Because it can change when needed through the amendment process

Principles of the Constitution These are the basic philosophies or beliefs that shape the Constitution and our government (A lot of these principles come from the philosophers that we already talked about!)

Rule of Law Everyone must follow the laws, even the government. The Constitution sets limits to governmental power and establishes how leaders who overstep their power can be removed

Popular Sovereignty The government gets power from the people The people vote to elect their leaders to represent them, therefore the government follows the will of the people

Separation of Powers Powers and responsibilities are divided among three branches to prevent one person or group from having too much power The Constitution creates the Legislative, Executive and Judicial Branches

Checks and Balances A system of checks and balances allows each branch to monitor and check the power of the others to prevent abuse of power

Federalism Power is divided between the central government (national government) and the individual state and local governments

Judicial Review (Independent Judiciary) The Judicial Branch is independent and free from pressures and influence by the other two branches The Supreme Court is the highest authority for interpreting the Constitution The Supreme Court can declare a law unconstitutional

Individual Rights Personal freedoms and basic rights are protected so that the government cannot take them away

What kind of government does the Constitution create? A representative democracy The people elect leaders to represent their interests

The Federal System The Constitution divides power between the national government and state governments

Important Elements of the Constitution

Enumerated vs. Implied Powers Article I Section 8 of the Constitution lays out the powers of Congress. Some of those powers are enumerated and some of them are implied. What’s the difference?

Enumerated Powers Powers that are specifically listed in the Constitution Examples: power to collect taxes, coin money and declare war

Implied Powers Powers that Congress can claim as part of its lawmaking responsibility In other words, these are powers that are not specifically listed, but are implied (or it can be assumed) to be powers belonging to Congress

Necessary and Proper Clause In Section 8 of Article 1, the Constitution says that Congress can “make all laws which shall be necessary and proper” for carrying out its duties This is also sometimes called the Elastic Clause, because it means that Congress’ powers can be stretched to cover a variety of issues or circumstances

Supremacy Clause Says that the Constitution is the “supreme Law of the land” This means that federal law trumps all state and local laws