The Constitution

What is it? The supreme law of the land The foundation and source of legal authority underlying the existence of the United States of America and the Federal Government of the U.S. Provides the framework for the organization of the United States Government.

Background The Constitution was written May 25th to September 17th , 1787 In Philadelphia at the Constitutional Convention Intention was to revise the Articles of Confederation Replaced the Articles and became the new government

Constitutional Compromises

A tale of two plans Virginia Plan New Jersey Plan Separation of power Bicameral legislature based on population Federal government has more power Unicameral legislature with equal representation

The Great (Connecticut) Compromise A plan that draws from both the Virginia and New Jersey plans. Bicameral legislature – House of Representatives based on state population Senate with equal representation for each state

Three-Fifths Compromise The issues The solution The preservation of slavery How to count slaves for representation Slave states vs. free states The word slavery never appears in the Constitution. Slaves would count as three-fifths of a person. Congress could not restrict the slave trade until at least 1808. Escaped slaves must be returned to their owners. At the time of the convention, almost 1 in every 6 people living in the colonies were slaves. Most in the southern states (not all). Roughly 1/3 of the delegates to the convention were slave owners. The question of slavery was not debated much on the floor in terms of morality, but rather in terms of population.

A republic, if you can keep it. - Benjamin Franklin

Preamble A preliminary or preparatory statement. An introduction

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Articles

Three Branches of Government There are three branches of government: Legislative Makes the laws Executive Enforces or carries out the laws Judicial Interprets the laws There are three branches of government Each branch is addressed in its own article or section of the Constitution.

Article I The legislative Branch Congress is made up of two houses The House of Representatives The Senate

The House of Representatives More population = more representatives Must be at least 25 years old 2 year term 435 members of the House The states with the largest populations have the most representatives in the House. House members must be at least 25 years old to serve. House members are elected to a two year term – with no term limit There are 435 voting members.

The Senate States have equal representation 2 Senators from each state Total of 100 seats in the Senate Must be at least 30 years old Six year term States have equal representation in the Senate There are two senators from each state, no matter the size for a total of 100. Senators must be at least 30 years old, 5 years older than a representative. Elected to a six year term.

Article II The Executive Branch Headed by a president Commander in Chief of the armed forces Article two outlines the executive branch of the government. This branch is headed by a president who is also the commander in chief of the armed forces. This means that the president in the civilian head of the military.

The President Must be at least 35 years old Four year term - two year term limit Must be a citizen by birth The president must be at least 35 years old. 5 years older than Senate requirement and 10 years older than reps. They are elected to a four year term, but may only be elected twice. They must be a citizen by birth: Bon on U.S. soil, born to parents with citizenship.

Article III The Judicial Branch Headed by the Supreme Court Nominated by the president and approved by the Senate 9 Justices that serve for life

Article IV Relations among the states

Article V Amending the Constitution

Article VI The Supremacy of the national government

Supremacy clause A clause of the U.S. Constitution that declares the Constitution “the supreme law of the land.”

Article VII Ratification

Amendments

What is an amendment? A change to the Constitution. There have been 27 amendments so far The first 10 are called the Bill of Rights

A Blueprint for Government Chapter 3, Section 1

Popular sovereignty The idea that government is created by and subject to the will of the people.

Limited government The principle that the powers and functions of government are restricted by the U.S. Constitution and other laws.

Separation of powers The division of government powers among the executive, legislative and judicial branches.

Checks and balances A system in which each branch of government is able to limit the power of the other branches.

Federalism The division of power among the state and national governments

Rule of law Principle that every member of society, including the ruler of government, must follow the law.

Veto A refusal by the president or a governor to sign a bill.

Judicial review The power of the judicial branch to check the power of the legislative and executive branches by declaring their acts unconstitutional.

Unconstitutional A law of government action that is found to violate any part of the Constitution; an unconstitutional law or act is deemed illegal and cannot be enforced or carried out by the government.

federalism The form of political organization in which power is divided among a central government and territorial subdivisions. In the United States, power is divided among the national, state and local governments.

Federalism

Expressed powers The powers explicitly granted to Congress by the Constitution.

Implied powers The powers assumed by the government that are not specifically listed in the Constitution.

Inherent powers Those delegated powers of the Constitution that are assumed to belong to the national government because it is a sovereign state.

Reserved powers The powers that are not specifically granted to the federal government nor denied to the states that are reserved for the states.

Concurrent power The power that is shared by both the federal and state governments.

Dual Federalism (1790-1930) National and state governments were seen as equal authorities, operating over separate areas of influence. Federal authority was generally limited to the expressed powers listed in the constitution. Layer cake federalism

Cooperative federalism (1930 – 1960) The national and state government shared functional authority in broad policy areas. Marble cake federalism

Grants-in-aid Federal funds given to state and local governments for specific projects.

Categorical grants Federal grant that can only be used for a specific purpose, or category, of state or local spending. Usually require the states to contribute money as well.

Block grants Federal grants given to state and local governments for broad purposes, such as welfare, community development, public health or education.

Federal mandates Regulations that the national government imposes on state and local governments.