1. The U.S. Constitution
Unit 3: SSCG3, SSCG4, SSCG5

2. TBT

3. What is the Constitution?
The supreme law of the United States.
It is the foundation and source of the legal
authority underlying the existence of the
United States of America and the Federal
Government of the United States.
• It provides the framework for the organization
of the United States Government.

4. What are the basic principles of the Constitution?
• Popular Sovereignty
– Government power resides in
the people
• Limited government
– Government is not all powerful,
can only do what the people let
it.
• Separation of Powers
– Helps prevent one branch from
becoming too powerful
– Checks and Balances
• Federalism
– Division of power among
national and state governments

5. What are the checks and balances?

6. Who wrote the Constitution?
James Madison is
considered “the father
of the Constitution.”
• His important
contributions:
– The Virginia Plan
– Separation of Powers
– Bill of Rights

7. Why was the Constitution written?
After the Revolutionary War, the Articles of
Confederation set up the structure of the US
Government.
• The federal government was extremely weak
and this created many problems such as:
1. No separation of powers – only unicameral
legislature.
2. Weak central government – states had most power.
3. Congress did not have the power to tax – this means
they could not get their finances in order.

8. Why was the Constitution written
Why was the Constitution written? (more problems with the Articles of Confederation)
4. In order to change the Articles, all thirteen states had to
approve of the changes. This made it essentially
impossible to make any changes.
5. For any major laws to pass they had to be approved by 9
or the 13 states which was difficult.
6. Congress did not have the power to regulate commerce
which caused competition between states. It also caused
diplomatic issues when states refused to pay for goods
their received from other nations.

9. Why was the Constitution written?
• Shays’ Rebellion:
– An uprising of farmers in
Massachusetts – led by
Daniel Shays.
– Helped convince leaders
that a strong central
government was
needed.
"A scene at Springfield, during Shay's Rebellion, when the
mob attempted to prevent the holding of the Courts of
Justice."—E. Benjamin Andrews, 1895

10. When was the Constitution written?
• May 25th to September 17th, 1787 • Philadelphia • Intention was to revise Articles of Confederation • Ended up replacing the Articles and creating a new government • Called the “Constitutional Convention.”

11. What are the important outcomes of the Constitution?
• Virginia Plan: – Separation of powers – Bicameral legislature based on population – Federal government had increased powers • New Jersey Plan: – Unicameral legislature where every state received equal representation.

12. Ratification Debate
• Needed 9 of 13 states to ratify or official approve of the Constitution before it went into effect. • A huge debate emerged between two sides: – Federalists – Anti-Federalists

13. Federalists vs. Anti-Federalists
• Federalists: – Supported the Constitution and a strong central government – Alexander Hamilton, James Madison, John Jay – Federalist Papers – series of articles written in defense of the Constitution

14. Federalists vs. Anti-Federalists
• Officially adopted after
ratified by New
Hampshire.
• Once the new
government convened,
they added a Bill of
Rights to the
Constitution.

15. What is the structure of the Constitution?
• Preamble:
– Statement of purpose
• Articles:
– I: Legislative Branch
– II: Executive Branch
– III: Judicial Branch
– IV: Relations Among the
States
– V: Amendment Process
– VI: Federal Power
– VII: Ratification
• Amendments:
– 27 Total
– 1st ten are the Bill of Rights

16. Article I: Legislative Branch
• Bicameral: – Senate 2 Senators for each state • House of Representatives - Based on population - Reps serve for 2 year terms • Senators serve for 6 year terms

17. Article II: Executive Branch
Important powers:
– Commander-in- Chief
– Grant pardons
– Make treaties
– Appoint federal officers
– Ensure laws are
executed
• President and Vice
President are elected to
4 year terms
• Qualifications:
– At least 35 years old
– 14 year resident of the US
– Natural born citizen
• Elected by the Electoral
College

18. Article III: Judicial Branch
• Important Powers:
– Decides cases of
Constitutional law and
federal law
– Cases involving
ambassadors go straight
to Supreme Court
– Judicial Review comes
later (1803 – Marbury v.
Madison)
• Supreme Court judges
serve for life unless
impeached.
• Judicial power rests
with US Supreme Court
and other courts
created by Congress

19. Important Amendments: Bill of Rights
1. Freedom of religion, of speech, of the press, to assemble, and to petition.
2. Right to bear arms
3. No quartering of soldiers
4. No unreasonable search and seizure
5. Indictments; Due process; Self-incrimination; Double Jeopardy, and rules for Eminent Domain.
6. Right to a fair and speedy public trial, Notice of Accusations, Confronting one’s accuser, Subpoenas, Right to counsel
7. Right to trial by jury in civil cases
8. No excessive bail & fines or cruel & unusual punishment
9. There are other rights not written in the Constitution
10. All rights not given to Federal Government belong to states people.

20. Other Important Amendments: Reconstruction Amendments
13th Amendment
Abolish slavery
14th Amendment
– Due process and equal protection under the law
– All persons born in US are citizens
• 15th Amendment
– Right to vote regardless of race, color, or previous
servitude

21. Other Important Amendments
• 18th Amendment
– Prohibition of alcohol
• 19th Amendment:
– Women’s suffrage
• 21st Amendment:
– Repeals prohibition
• 22nd Amendment:
– Presidential term limits
• 24th Amendment:
– Prohibits poll taxes for voting
• 26th Amendment:
– lowers voting age to 18

22. Dual Sovereignty
2 basic levels operate over the same people of the same territory at the same time
Local action at local concerns and national action on wider concerns
State handles state and strength from being united

23. National Government Powers
Delegated powers: National Government only has those powers granted to it in the Constitution.
3 Types of Delegated Powers:
Expressed Powers
Implied Powers
Inherent Powers

24. Expressed Powers
Expressed Powers: Delegated to the National Government in so many words– spelled out, expressly, in the Constitution.
Most of the expressed powers are listed in the Constitution under Article 1, Section 8:
Gives Congress 27 powers
Example: Collect taxes, to coin money, to regulate foreign trade and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards of weights and measures, to grant patents and copyrights, and to do many other things

25. Expressed Powers
Specific powers are granted to the President under Article II, Section 2:
Example: the power to act as commander in chief of the armed forces, to grant reprieves and pardons, to make treaties, and to appoint major federal officials
Additional expressed powers are found in amendments
Example: 16th Amendment gives Congress the power to levy an income tax

26. Implied Powers
Implied Powers: These powers are not expressly stated in the Constitution but are reasonably suggested– implied – by the expressed powers.
The constitutional basis for the implied powers is found in one of the expressed powers
Article I, Section 8, Clause 18: gives Congress the “necessary and proper power.”
Convenient Clause
Elastic Clause (stretches over so many situations)

27. McCulloch v. Maryland (1819)
Called the “Bank of the United States” case. A Maryland law required federally chartered banks to use only a special paper to print paper money, which amounted to a tax.
James McCulloch, the cashier of the Baltimore branch of the bank, refused to use the paper, claiming that States could not tax the Federal Government.
The Court declared the Maryland law unconstitutional, commenting “…the power to tax implies the power to destroy.”

28. Inherent Powers
Inherent Powers: These powers belong to the National Government because it is the government of a sovereign state within the world community.
Constitution does not specifically provide for them but they are powers that national governments have historically possessed.
These powers exist because the United States exist
Example: Regulate immigration, acquire territory, protect the nation

29. Powers Denied
3 Distinct Ways the Constitution denies powers to the National Government:
Expressly: Denies some powers to the National Government in so many words—expressly
Example: Prohibit freedom of religion, speech, or assembly
Silence of the Constitution: National Government only has those powers given to it by the Constitution
Example: Among powers not granted to the National Government would be the powers to create a public school system for the nation
Federal System Itself: National Government does not have any power to take action that would threaten the existence of that system.
Example: Congress cannot tax any of the States or their local units in the carrying out of their governmental functions

30. State’s Rights
10th Amendment declares that the States are governments of reserved powers.
Reserved Powers: Those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.
Example: Marriage age, drinking age, permits, and license for professions

31. Expressed Power for States
Only 1 Expressed Power for States
State has unlimited power to regulate, sale, and manufacture alcohol (Section II of the Constitution)

32. Powers Denied to the States
Expressed
No state enter into a treaty, alliance, or confederation
No state can print or coin money
Inherent
No state can tax any federal government or agency
Each state has it’s own constitution that denies powers

33. Other Powers
Exclusive Powers: These powers can be exercised by the National Government alone. The states cannot exercise these powers under any circumstances.
Example: Coin money, Make treaties
Concurrent Powers: Those powers that both the National Government and the States possess and exercise.
Example: Power to tax, to define crimes and set punishments

34. Division of Powers National Powers Concurrent Powers State Powers
Coin money
Levy and collect taxes
Regulate trade and business within the State
Regulate interstate and foreign trade
Borrow money
Establish public schools
Raise and maintain armed forces
Establish courts
Pass license requirements for professionals
Declare war
Define crimes and set punishments
Regulate alcoholic beverages
Govern U.S. territories and admit new states
Claim private property for public use
Conduct elections
Conduct foreign relations
Establish local governments