Features of the Constitution Jamie Monogan University of Georgia August 26, 2015.

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Presentation transcript:

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

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