1. Constitutional Convention: Three Areas of Conflictx
Representation
Slavery
Nature of national government x
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2. Nature of National Government
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What should be the structure of national government?
How should members of the government be chosen?
What are the powers of the institutions of government?
National, regional, local government
How do these parts interact?

3. Nature of National Government: Mechanisms
Bill of Rights
Federalism
Separation of Powers/Checks and Balances
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4. Bill of Rights First ten amendments (changes) to the Constitution
Not created in Philadelphia
One of first actions of new government (1789/1791)
BOR was “price” paid to Anti-Federalist forces
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5. Bill of Rights Congress shall make no law …
Limitations on the national government
Freedom of speech, press, religion, right to lawyer, etc.
Did not apply to state governments until 20th century (selective incorporation)
Return to in Chapter 4
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6. Bill of Rights
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Citizens
National Government

7. Federalism
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Carefully dividing power between national government and state governments

8. Madisonian Federalism
“few and defined”
“broad and expansive”

9. Madisonian Federalism
1) Enumerated/express powers 2) Powers forbidden to national government (Article I, Sec. 9) 2a) Bill of Rights 3) Powers forbidden to the state governments (Article I, Sec. 10) 4) Supremacy clause 5) 10th Amendment
Madison said that the powers of the National Government should be FEW AND DEFINED while the powers of the State Governments should be BROAD AND EXPANSIVE

10. 4. Supremacy Clause
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11. 5. 10th Amendment
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12. Madisonian Federalism
Power of the national government has greatly expanded since the 1930s, moved far away from Madisonian model

13. Separation of Powers /Checks & Balances
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Creation of three branches
Specifically list powers of each branch (enumerated or express powers)

14. Separation of Powers /Checks & Balances
Each branch has some control over the other branches
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15. Congress: House and Senate
Article I
Primary branch
Most enumerated powers
Most checks
Not primary branch of government in 2019
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16. Congress: Enumerated Powers
Article I, Section 8
Power to tax
Power to regulate trade
Coin and borrow money
Post office and post roads
Declare war
Raise armed forces
Create federal courts
Necessary and proper clause
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17. Congress: Enumerated Powers
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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18. Congress: Checks on President
Impeach President
Fail to approve judges and executive appointees
Fail to pass legislation
Override pres’l veto
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19. Congress: Checks on Supreme Court
Impeach Justices
Fail to confirm nominees to serve on court
Change jurisdiction of SC
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20. President and Executive Branch
Article II
Secondary branch
Fairly modest list of powers (many shared with Congress)
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21. President: Enumerated Powers
Article II, Sec. 2 & 3
Commander-in-chief
Grants pardons
Suggest legislation
State of Union
Inquire into actions of executive bureaucracy
Treaties (with Senate)
Appointments (with Senate)
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22. President: Checks on Congress
Veto laws (which can be overridden by 2/3 Congress)
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23. President: Checks on Supreme Court
Nominates SC justices (must be approved by Senate)
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24. President
Presidency has become a much more powerful institution in last 100 years or so
Primary branch today ?
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25. Supreme Court (Federal Courts)
Article III
Lists type of cases to come before Supreme Court
JUDICIAL REVIEW
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26. Supreme Court
Judicial Review is the power of the Supreme Court to interpret the Constitution; to tell us what it means
Judicial Review is NOT an enumerated power
It “evolved” in the first 100 years or so of USA
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27. Supreme Court: Check on Congress
Declare congressional laws unconstitutional/invalid, through power of judicial review
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28. Supreme Court: Check on President
Declare presidential actions unconstitutional/invalid, through power of judicial review
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29. Supreme Court: Check on States
Declare state laws unconstitutional/invalid, through power of judicial review
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30. IS NOT Supreme Court Judicial Review an enumerated/express power
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31. US Constitution Today Separation of Powers: Presidency
Federalism: National Government
Bill of Rights: Applied to state governments
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32. Not in Constitution (or barely there)
Political parties
Electoral College and election process
Media
Bureaucracy
Campaign Finance
Lobbying
Movement toward full indirect procedural democracy
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33. Can this country still govern itself with a document that was created for a very different country and a very different world?
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34. THE END