1. Problems Facing the Framers
1. Division of Powers (federalism)
2. Separation of powers (checks & balances)
3. Ensuring rights of people and states

2. Division of Powers (federalism)
Enumerated Powers
Certain powers will be
granted to the fed.
Coin money
Post office
Raise an army
Declare war

3. Division of Powers (federalism)
Reserved Powers
Certain powers will be granted to the states.
Educate citizens
Conduct voting

4. Division of Powers (federalism)
Shared Powers
Certain powers will be granted to both state and fed.
Tax citizens
Court system
Roads/infrastructure

5. Who wins in a fight?
Article 6, Section 2 (the Supremacy Clause) says that the Const. is the Supreme Law and that all judges are bound by it, even if a state law conflicts.
Elastic Clause = Congress shall make all laws that are “necessary and proper”

6. Separation of powers (checks & balances)
Executive Branch-enforce the laws
President selects federal judges
Senate must approve

7. Separation of powers (checks & balances)
Legislative Branch
Passes laws
President must approve

8. Separation of powers (checks & balances)
Judicial Branch
Interpret laws (“Constitutional”?)
President appoints & Senate approves judges

9. Ensuring rights of people and states
No-no’s for government (ppt.)
Ability to change (amend) the Constit.
¾ of states agree
Amendments

10. Ratification
9 states had to agree to the Const. In order for it to become our plan for government.