1. To Determine the necessity of “flexibility” in the U.S. Constitution.

2. Secretary of the Treasury
Federalist Party leader
Alexander Hamilton argued
for the addition of the “elastic
clause” at the Constitutional
Convention in 1787.
Hamilton argued that a
“LOOSE CONSTRUCTION”
view of the Constitution would
allow for greater flexibility of the
US Government to adapt to
changing times and circumstances.
Alexander Hamilton

3. Although there
is no mention of
a space program
in the Constitution …
the elastic clause
allowed the US
Government to
create a NASA
program to explore all the
possibilities of
space flight.

4. The elastic clause and loose construction
allowed the US Government to
secretly build the world’s first
successful nuclear program
… thus helping the USA
to be the world’s first
nuclear superpower.
Albert Einstein
Nuclear Physicist

5. The elastic clause allows the US Government to change
its money system as needed to meet the needs of changing
times. This is an old one dollar bill, backed by silver.

6. An easy way to think of the elastic clause is to think of the
US Government’s power to change its own size and shape.
The Federal Government can become more powerful, less powerful,
spend money, borrow money, loan money, etc…to help the nation
adapt to ever changing circumstances.

7. What kind of power does that give our government?
Elastic Clause
To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers,
and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
What kind of power does that give our government?

8. When has the Elastic Clause been used?
Creation of a National Bank
Purchase of Louisiana Territory

9. “Unwritten” Constitution
Cabinet
Judicial
Review
Electoral
College
Promise
Unwritten
Constitution
Cong.
Comm.
Political
Parties
Lobbying

10. President’s Cabinet What is it and why does the President need it ?
Organize government
Choose Department heads
Decide which problems are most critical to the country
Plan and EXECUTE policy decisions

11. Electoral College We vote for slates of delegates
..that electors vote for the people’s choice.
We vote for slates of delegates
Delegates then vote for candidate who gets most popular vote.
Do we really need the Electoral College?

12. Judicial Review
Supreme Court’s power to review prior court decisions, and rule on constitutionality.
- Marbury vs. Madison sets precedent
- Supreme Court acted as referee and kept that role.
- Grew out of need for checks and balances

13. Political Parties When did political parties begin to appear?
Were political parties unavoidable?
What role do political parties play in our system?
Could we operate without them?

14. Congressional Committees
Whose idea were they?
Need same as President’s need for help
- Whole body can’t consider all issues.
- Congress people with interest in them serve on committees.
- Serve to prioritize nation’s agenda for changes that might be needed.

15. Lobbying Is it slang for “Hanging Out” in the Capital?
The act of trying to influence Congress.
People need laws favorable to causes.
Could only reach Congresspeople in the “lobby” of the Capitol Building

16. Putting the Constitution into Effect
An “unwritten” constitution devolved almost immediately to support the “written” Constitution.
This helped to “fill in the blanks”.
Essential but not actually in the Constitution

17. The Cabinet :
?????

18. NO!!!
These Guys.

19. Unwritten Constitution
Washington appointed:
Alexander Hamilton - Secretary of the Treasury
John Jay - Secretary of State until Thomas Jefferson returned from Europe
- Henry Knox - was made Secretary of War

20. Unwritten Constitution
Washington regularly asked for the advice of these men.
It became known as the Cabinet.
This is not in the Constitution but every
president since has had one.

21. Unwritten Constitution
The Electoral College Promise:
The fact that Electors in the Electoral College vote for the winner of the popular vote in their state is based on historical precedent, not anything in the Constitution.

22. Unwritten Constitution
Judicial Review:
The Supreme Court does not have the power, in the Constitution, to declare laws unconstitutional.
This power was a precedent created by the case of Marbury v. Madison (more to come).

23. Unwritten Constitution
Political Parties:
Not mentioned in the Constitutional although relied upon heavily today for the election process.

24. Unwritten Constitution
Congressional Committees:
Not in the Constitution but used today in the passage of legislation in Congress.

25. Unwritten Constitution
Congressional Lobbying:
Not in the Constitution but allowed under the first amendment (speech) and regulated by law.

26. Unwritten Constitution
Term Limits for President:
Until FDR, the two term rule was followed by every president. It was not in the Constitution
(Now it is: 22nd Amendment)