1. The Constitution
Unit 2 Notes

2. How did we get
the Constitution?

3. 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

4. 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

5. Ratification Definition: 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

6. 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.

7. 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

8. The Two Plans Virginia Plan
Drafted by James Madison & presented by Edmund Randolph
Proposed a strong central government with three separate branches (legislative, executive, & judicial)
Favored large states
Representation based on population
New Jersey Plan
Presented by William Paterson
Proposed a unicameral legislature (one body Congress)
Favored small states
Each state would be equal (get only one vote) and have equal number of representatives

9. The Connecticut Compromise
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.

10. North vs. South
North
Does not want slaves to count towards population for representation because it would give the South more power
Did want slaves counted towards population for taxes that would be owed
South
Wants slaves to count towards their population for representation purposes because it would give them more power in Congress

11. North vs. South Compromise = 3/5 Compromise
For every 5 slaves, 3 would count towards the population count for the purpose of representation in Congress and taxes

12. 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?

13. Parts of the Constitution
The Preamble
The Articles
Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
Article IV: The States
Article V: Amendment Process
Article VI: Debts, Supremacy, Oaths (Supremacy Clause)
Article VII: Ratification
The Amendments (There are 27 Amendments)

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

15. Amendment Process

16. Five Principles of the Constitution

17. Five 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!)

18. 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.

19. 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

20. 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

21. 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

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

23. Independent Judiciary

24. 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

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

26. Our System of Government

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

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

29. Important Elements
of the
Constitution

30. 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?

31. Enumerated Powers
Powers that are specifically listed in the Constitution
Examples:
Power to collect taxes
Coin money
Declare war

32. 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

33. 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

34. Supremacy Clause
Says that the Constitution is the “Supreme Law of the Land”
This means that federal law trumps all state and local laws