1. Chapter 5: The Constitution of the United States of America

2. Why Does the Constitution Matter?
Constitution – body of fundamental laws which say how a government is to operate
It is the supreme law of the land
It explains how the government works
It protects your civil rights.

3. A Brief Outline
The Preamble – lays out the purpose and introduces the Constitution
The Articles – the substance of governmental law
The Amendments
Uncle Sam needs you to study harder!

4. The Seven Articles I. The Legislative Branch II. The Executive Branch
III. The Judicial Branch
IV. Relations Among States
V. The Amendment Process
VI. National Debts, National Supremacy, Oaths of Office
VII. Requirements for Ratification

5. The Six Basic Principles of the Constitution
1. Popular Sovereignty – supreme power rests with and only with the people
Some parts of the Constitution mitigate popular sovereignty
Electoral College chooses the president, not popular vote
State Legislatures choose the Senate, not popular vote
Later changed to direct popular election by 17th Amendment

6. The Six Basic Principles of the Constitution
2. Limited Government
Also called constitutionalism, and rule of law
Government is not all-powerful
Powers government has and doesn’t have are listed

7. The Six Basic Principles of the Constitution
3. Separation of Powers
U.S. uses a presidential government, where the executive and legislative branches are chosen separately
Each branch has its own powers and responsibilities

8. The Six Basic Principles of the Constitution
4. Checks and Balances
Each branch is not totally independent of the others

9. The Six Basic Principles of the Constitution
4. Checks and Balances
They have powers to override each other when necessary

11. The Six Basic Principles of the Constitution
5. Judicial Review
Courts may determine whether or not what the President or Congress does is Constitutional

12. The Six Basic Principles of the Constitution
5. Judicial Review
If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden

13. The Six Basic Principles of the Constitution
6. Federalism
The national government is given certain powers by the Constitution
Whatever is left is a power for the states to use

14. Key Parts of Article I Section 8
List of all expressed powers Congress has
Also includes the “necessary and proper” clause
Gives Congress additional “implied powers”
Section 9
Prohibits certain actions Congress may take
No ex post facto laws – punishment for doing something before it was illegal
No suspension of habeas corpus – the right to challenge one’s own detention in court

15. Key Parts of Article II Section 2
President can appoint people to many positions
Must have “advice and consent” of the Senate
Senate takes a majority vote to confirm appointments
Section 4
Can only be removed by impeachment for “high crimes and misdemeanors”

16. Key Parts of Article IV Section 1 – Full Faith and Credit Clause
States must grant each other “full faith and credit” on “public acts, records, and judicial proceedings”
Means legal decisions of states must be respected and held to by other states
Section 2 – Privileges and Immunities Clause
States must grant residents of other states all “privileges and immunities” they give to their own residents

17. Article V - Formal Amendment Process
Step 1 – Must Be Proposed (happens at the national level)
Step 2 – Must Be Ratified (happens at the state level)
This is a reflection of federalism

18. 2 Ways to Propose an Amendment
1. 2/3 vote in both houses of Congress
All 27 Amendments were proposed this way
2. Constitutional Convention requested by 2/3 of the states
Has not ever been used

19. 2 Ways to Ratify an Amendment
1. 3/4 of state legislatures approve it
26 of the 27 Amendments were ratified this way
2. 3/4 of conventions called by the states approve it
Only the 21st Amendment was ratified this way

20. Key Parts of Article VI Section 2 – Supremacy Clause
Federal laws are always supreme over state laws, U.S. Constitution is supreme over all state constitutions

21. Section Three The Ratification Process: Federalists, Anti-Federalists, The Federalist Papers, and the Bill of Rights Author: Michelle Williams

22. Section Three Summary By the end of this section you will…
Understand why the ratification of the new constitution was a challenge
Know the viewpoints of the Federalists and the Anti- Federalists
Learn about the Federalist papers and their influence on ratification

23. Ratification Proves to be a Big Challenge
9 out of 13 states had to ratify for the new constitution to go into affect
The ratification would be democratic: state citizens would elect conventions to decide whether or not to ratify
Even with all the compromising, large and small states could still not agree
Leaders split into two factions
1. the Federalists (pro-ratification)
2. the Anti-Federalists (anti-ratification).

24. And in this corner… the Anti-Federalists!!!
Proponents of a weak national government
Did NOT want to ratify the new Constitution
Felt that the new Constitution “as-is” was no where near complete.

25. Anti-Federalists Continued…
Felt that individual rights were left out (the Constitution had no specific list of individual rights)
The Supreme Court could overturn decisions of state courts
National Government maintained military forces even during peace time
States were stripped of any real power
The executive and legislative branch had too much power and too little accountability.

26. And in this corner… The Federalists!!
Alexander Hamilton
James Madison
John Jay
Proponents of the Constitution
Believed in a strong National Government
Knew that state governments would be reluctant to ratify a document that would strip them of power
Appealed directly to state citizens through rallies and written propaganda (Federalist Papers??).

27. Federalists continued…
Argued that state legislatures, NOT the people had approved the failed Articles
The new Constitution would protect America against tyranny and corruption through its strong system of checks and balances, the three branches of government, and the bi-cameral legislature
Did not see a need for an addition of a bill of rights
Constitution should remain “as-is” – since the Constitution did not list any specific rights, no rights would be left out.

28. The Federalist Papers
Written by James Madison, John Jay, and Alexander Hamilton
A collection of 85 articles written to convince New York state to approve the Constitution
James Madison’s papers #10 and #51 would prove to be the most influential and important.

29. The Federalist Papers Continued Federalist #10
“Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.”
-James Madison

30. Federalist Papers Continued Federalist #10
Main points of #10
Factions, defined as “any group of citizens who attempt to advance their beliefs or economic status at the expense of other citizens” are dangerous and real threat to liberty
A well-formed, strong union can break and control the violence of any faction
The US Constitution will provide protection against dangerous factions by uniting the nation’s citizens

31. Federalist Papers Continued Federalist # 51
“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”
-James Madison

32. Federalist Papers Continued Federalist # 51
Main points of #51
Humans by nature form alliances around common shared beliefs
Different interests must be represented in coalitions, aka alliances made by citizens coming together for the same cause
Madison argues that the best and most successful coalitions can only be formed in a large republic united under one form of rule
The bigger the republic, the greater the variety of interests, the greater the variety of interests, the larger and more successful the factions

33. So… what did these “Papers” accomplish??
Probably only played a small role in securing ratification
However….
They have a lasting value as an authoritative and inspiring explanation of the Constitution
Showed citizens the importance of considering human nature when choosing a method of government
Showed that both humans AND government can be corrupted – a form of government must protect against corruption and prevent both citizens and leaders from abusing their power

34. STILL Not Ratified… What now??
Even with the efforts of men like James Madison, not all states were on the Constitution bandwagon
People were still very afraid that all of the rights they fought for in the war were being threatened by the Constitutions open-ended structure
The solution? The Framers realized that ratification would NEVER happen without at least the promise of a “bill of rights” – something the framers had been avoiding

35. Ratification
Finally with the promise of a Bill of Rights all states will ratify the Constitution
There were still many people who objected, including Thomas Jefferson and John Hancock
However, the people were gradually won over by the one document that unites us all.