2. The Constitution

3. PLEJFASRA Please Preamble Let Legislative (1) Every Executive (2)
Junior Judicial (3)
Fail Full Faith and Credit (4)
As Amendment Process (5)
Seniors Supremacy Clause (6)
Rock Ratification Process (7)
Always Amendments

4. Powers in the constitution
Expressed/enumerated – directly stated in constitution
Implied – necessary and proper clause
Inherent – assumed as nations have had them for centuries (establishing territory, declaring war, etc.)
Reserved – powers left for the states (education, police powers, elections)
Concurrent – shared by state/nat’l gov’t – Taxation, infrastructure

5. The Constitution and Democracy
Key Principles
Republicanism form of government
Federalism
Popular sovereignty (Locke, Rousseau)
Limited Government (Rousseau)
Judicial Review (Locke)
Government And Human Nature
Separation of powers
Checks and balances
Edit: [Government Of Human Nature] changed to “Government And Human Nature”

6. The Colonial Mind
John Adams - The Real Revolution – Changing belief about legitimate authority
Consent of the governed
Human liberty exists prior to government
Legislature should be more powerful than executive – closer to the people
Authority vs. legitimacy
Keep

7. Articles of Confederation
The first written plan of government for the United States.
Ratified in 1781
Under this plan a Continental Congress governed and a president acted as the executive officer.
Over time several weaknesses became evident with this plan of government.

8. Weaknesses in Articles of Confederation
Extreme decentralization! Constitution will be about restoring power to the federal gov’t – Concentrating/centralizing power
It did not have the power to…tax, enforce its laws, raise an army or navy
No system of national courts.
Each state could issue its own paper currency.
Each state could put tariffs on trade with other states.
Scarred by their experiences with monarchy

9. Shays’s Rebellion
Daniel Shays leads a group of farmers in Massachusetts in a rebellion against the state government in 1786.
The farmers attempt to shut down the state courts and seize the state arsenal in Springfield
They were upset with high taxes that put them in debt and led to state courts seizing their property.

10. Shays’s Rebellion
As a result, a meeting was set to take place in Philadelphia, Pennsylvania in May of 1787 to revise the Articles of Confederation and address the weaknesses that had become evident.
There could be no stronger evidence of the want of energy in our governments than these disorders.-- George Washington

11. The Constitutional Convention

12. Constitutional Convention
Meeting began on May 14, 1787 in Philadelphia, Pennsylvania.
55 delegates from 12 states were present (No RI)
What began as a meeting to revise the AOC became a meeting to draft a new constitution.

13. Key Player – James Madison
36 at the time of the convention.
“Father of the U.S. Constitution”
Kept a detailed diary of convention that has served as the primary source of constitutional scholarship

15. Enumerated powers - congress
Tax and spend
Borrowing power – borrow on the credit of the US
Commerce clause* - very far reaching power! – regulate commerce with foreign nations, and among the several states, and with the Indian tribes
Naturalization and bankruptcies
Coin money, punish counterfeiting
Post offices and post roads

16. Enumerated powers - congress
Copyrights and patents
Creation of courts
Maritime crimes
Declare war, raise and support armies, Navy; call up militia
Create district of Columbia
Necessary and proper clause

17. Enumerated powers - president
Veto power
Executive order (implied from president’s obligation to faithfully execute the laws)
Powers of appointment
Pardon power
Foreign policy powers (communicate, recognize, receive ambassadors, make agreements
War powers/Emergency powers

18. House of Representatives: House of the People
House members more directly elected than the president and originally than the Senate too
Shorter term lengths ties them to the people
Smaller districts

19. Why a republican government, not direct democracy?
Republican form of gov’t – authority is delegated to elected representatives to make decisions on behalf of citizens
Fear of mob rule
Size of country
Elitism
Counter influence of factions – Republics can encompass a greater geographic territory (Federalist 10)

20. Commerce and Slave Trade Compromise
Issues involving trade caused conflict at the Constitutional Convention.
The main issues were the taxation of exports, the regulation of interstate commerce and the slave trade.
North wanted the national government to have greater power to control trade (more at stake, wanted stability)

21. Commerce and Slave Trade Compromise
South agreed to federal government regulating interstate commerce, but no taxing of exports
The North agreed to 3/5 and 1808 clause

22. Limited Government:
Provisions that limit the government’s power:
Bill of Rights
Expressed powers
Specific prohibitions – Ex post facto laws, bills of attainder, writ of habeas corpus
Separation of powers (Federalist 51)
Checks and balances
Federalism
Bicameralism

23. Provisions that limit how the majority can have an impact on government:
Electoral college
US senators originally selected by state legislatures
Longer terms of senators
Independent judiciary
Life tenure of SCOTUS justices
Appointment process
Representative form of government

24. Capitol Building - Congress
Separation of Power
Capitol Building - Congress
Legislative Power
Executive Power
Judicial Power
U.S. Supreme Court
White House - President

25. Capitol Building - Congress
Checks & Balances
Slide One….
Notice the Arrows
Capitol Building - Congress
Judicial review – unconstitutional; legislative power
Impeachment; veto override; legislative privilege
Appointment power; pardon
White House - President
U.S. Supreme Court

26. Capitol Building - Congress
Checks & Balances
Slide Two…
Notice the Arrows
Capitol Building - Congress
Approve SCOTUS apt’s; ‘good behavior’
Veto; legislative influence
Judicial review of executive orders
U.S. Supreme Court
White House - President

27. Checks on the Supreme Court…
Congressional legislation to modify impact of SCOTUS decisions
Constitutional amendments
Judicial appointments and confirmations
President and states evading or ignoring SCOTUS decisions
Legislation impact court jurisdiction

28. Judicial Review
An independent judiciary serves as a check on the power of all levels and all branches of government across the nation.

29. Can Congress overturn a decision by SCOTUS?
Marbury v. Madison
Congress can expand rights beyond a SCOTUS decision – ie in 1976 SCOTUS ruled it ok to discriminate against women in the work place b/c it wasn’t unconstitutional nor legislated against – so Congress legislated against it; but SCOTUS has never repealed a protected right and Congress cannot do so either.

30. Formal Methods of Amending the Constitution
Methods of proposal:
2/3 vote in both houses of Congress
National constitutional convention called by Congress at the request of 2/3 state legislatures
Methods of ratification:
By legislatures in ¾ of the states
By conventions in ¾ of the states

31. Informal Methods of Amending/Change meaning of the Constitution
*More common than formal routes
Courts (judicial review/judicial interpretation/application)
Same sex marriage, Miranda Rights, Roe v. Wade/abortion
Elastic clause
Development of political customs/traditions

32. METHODS OF AMENDING THE CONSTITUTION
FORMAL
Change the words of the Constitution
Requires a two step voting process
Each amendment is numbered (27)
INFORMAL
Changes the meaning of the Constitution without changing the words
Means that the Constitution is constantly evolving
No voting requirement

33. Formal Amendment Process

34. Federalists vs. Antifederalists
Federalists – supporters of the Constitution, stronger national government
Antifederalists – …opposite
Supremacy Clause vs. Abuse of Power
Necessary and Proper Clause vs. Abuse of Power
Individual Liberties (Anti’s demand Bill of Rights!)
Executive Power

35. Federalists vs. Antifederalists
The Constitution of the United States was approved by the convention and signed by 39 of the delegates on Sept. 17, 1787.
Constitution then went to the states for ratification
Ratified on June 21, 1788