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The U. S. Constitution AP Government & Politics Unit 1
Constitutional Convention • Delegates elected George Washington to preside over convention. • End Result of the Convention… The U. S. Constitution!!
WHAT WERE SOME OF THE IDEAS ABOUT GOVERNMENT UPON WHICH THE FRAMERS OF OUR EARLY GOVERNMENT AND CONSTITUTION GENERALLY AGREED?
Shared Beliefs of the Delegates and Sources of Ideas Need for stronger national government Belief in republican form of government Agreement with Locke’s theory of rights Support for Montesquieu’s separation of powers Governments of Ancient Greece and Rome English Heritage Limited Government—Magna Carta, English Bill of Rights Political Writers of the Enlightenment
Shared Beliefs of the Delegates and Sources of Ideas Principles of the Declaration of Independence Equality Inalienable rights Powers from the consent of the governed Colonial Governments and State Constitutions Use of conventions to draft and ratify Separations of powers and checks and balances Limitations on the governors Bill of Rights Limitations on suffrage
http: //www. teachingamericanhistory. org/convention/christy/
Virginia Plan (favored by big states) New Jersey Plan (favored by small states) What decisions were reached in the end? 3 branches – legislative, executive and judicial. Bicameral (two chambers/ houses) each based on population (bigger states get more reps) Unicameral (one chamber/ house) with equal representation for each state (no matter the size) Lower house would be chosen by the people of the state; upper house chosen by state legislatures Representatives in the national legislature would be chosen by their respective state legislatures. Powerful legislature: legislative branch would choose members of the executive and judicial branches. Legislative branch would choose members of the executive branch; branch executive branch would select members of judicial branch
New Jersey Plan Virginia Plan Compromises reached in the final (favored by big states) (favored by small states) draft of the U. S. Constitution 3 branches – legislative, executive and judicial. Bicameral (two chambers/ Unicameral (one chamber/ Connecticut Compromise (Great Compromise) – proposed by Roger Sherman of houses) eachbicameral based onlegislature: population with equal(lower representation Connecticut; House house) of Representatives house) based (bigger states get more reps)(upper house) with on population, Senate (2 the persize) state) forequal eachrepresentation state (no matter of Representatives chosen by eligible in each state in (basically, white House Lower house would be chosen voters Representatives the national males) and Senate chosen by state legislatures. (Now, all eligible voters chose by the people of the state; upper legislature would be chosen by House and Senate members. 17 th Amendment gave people right to vote for house chosen by the lower house Senate. ) their respective state legislatures. Powerful legislature: legislative Executive Legislative branch Congressional elections described above; branch led would by one chief branch would chose members of by chose members of the executive, the President, to be elected electors from each state (Electoral College); Judicial appointed by thebranch President and the executive and branch judicial(federal judges) branch; executive would branch approved by a majority vote members of the Senate branches. select of judicial
The Great Compromise (AKA Connecticut Compromise) • Framers appointed a committee which recommended a compromise • 3 important parts: bicameral Congress with Senate and House of Representatives. • Small states received equal representation they desired in Senate. Large states won control of House which was given important powers related to taxing and spending.
Bicameralism • What ELSE helps explain why the Framers created 2 chambers of Congress? • Be able to explain!
US Constitution • Constitution comprises primary law of U. S. Federal Government and landmark legal document of US • Oldest Federal constitution in existence • Framed by convention of delegates from 12 of 13 original states in Philadelphia in May 1787. • Describes 3 chief branches and their jurisdictions. • Lays out basic rights of citizens
Organization of the US Constitution • 7 Articles • Articles divided into Sections • Sections divided into Clauses Example: I. Article 1. Section 1. Clause
For the Quiz: Know the Seven Articles! • Article I – The Legislative Branch • Article II – The Executive Branch • Article III – The Judicial Branch • Article IV – Relationships among the States • Article V – Amending the Constitution • Article VI – Supreme Law of the Land – Debts, Supremacy, Oaths of Office • Article VII – The Ratification Process
Menu from the Last Night of the Convention Light Troop of Horse, September the 14 th 1787 To Edwd Moyston. . Dr. To 55 Gentlemans Dinners & Fruit Rellishes, Olives etc. . . . . 54 Bottles of Madera. . . . . 60 of Claret ditto. . . . . 8 ditto of Old Stock. . . . . 22 Bottles of Porter ditto. . . . 8 of Cyder ditto. . . 12 ditto Beer. . . 7 Large Bowels of Punch. . . . Segars Spermacity candles etc. . . To Decantors Wine Glass [e]s & Tumblers Broken etc. . . . To 16 Servants and Musicians Dinners. . . . 16 Bottles of Claret. . . . . 5 ditto Madera. . . 7 Bouls of Punch. . . 20 20 21 3 2 16 12 4 2 1 2 5 1 2 £ 89 12 5 6 15 4 5 2 12 17 16 4 6 8 6 6 2
When the draft of the Constitution was made available to the public to review, the country divided into two major factions. What do we call these two competing groups?
The Federalist Papers • Essays written in 1787 and 1788 by James Madison, John Jay, and Alexander Hamilton under penname Publius • Designed to advocate ratification of new constitution • “An authoritative but unofficial explanation of American government by those who created it. ”
The “Anti-Federalist” Papers • Opponents to the Constitution argued against its ratification and were called Anti-Federalists. • They published their own essays arguing against the Constitution that collectively became known as the “Anti -Federalist Papers. ”
Important Constitutional Powers to Know • Enumerated Powers – (or delegated or expressed) • • Reserved Powers Concurrent Powers Implied Powers Denied Powers
Federal, State, and Shared Powers Enumerated Powers (Expressed or delegated) Powers given to federal government Federal Government can: declare war provide for national defense establish foreign policy and conduct diplomacy admit new states regulate interstate commerce establish postal system set standard weights and measures coin money *make all laws necessary and proper for carrying out delegated powers * elastic clause Concurrent Powers shared by federal and state governments Both federal and state governments can: make and enforce laws levy taxes borrow money charter banks establish courts provide for public welfare Reserved Powers held only by states or people They are not listed but include: establish and maintain schools establish local governments regulate trade within state make marriage laws assume all other powers not delegated to national government or prohibited to states
Enumerated Powers (or delegated or expressed) • Enumerated Powers are given to federal government – Congressional powers are found in Article I Section 8 • Enumerate authority granted to Congress. • Congress may exercise only those powers that are stated in Constitution, limited by Bill of Rights and other protections found in Constitution.
Reserved Powers • Powers reserved specifically for states or are of traditionally state scope. • Police powers (providing fire and police protection) establishment of health regulations, licensing, and education(? ).
Concurrent Powers • Held to some extent by both federal and state governments. • Both have taxation power, ability to construct and maintain roads, and other spending for general welfare.
Implied Powers • Give branches of government flexibility when it comes to carrying out express powers. – Legislative Branch’s implied powers flow from Necessary and Proper Clause. – Executive Branch’s implied powers flow from powers of Commander-in-Chief, and Executive's emergency powers. – Judicial Branch has assumed implied power of judicial review, as shown in Marbury v. Madison.
Denied Powers • Many things are denied of both or either levels of government. – States have no authority to coin money or wage war. – Neither may pass a bill of attainder or any ex post facto law. • Bill of Rights applies restrictions to federal government, but Bill of Rights originally had no effect of restriction on states. • However, interpretation of the 14 th Amendment's due process clause has incorporated much of upholding of civil rights to states. All of Bill of Rights applies restrictions to federal government.
Important Clauses of to Know • • • Supremacy Clause Necessary and Proper Clause Commerce Clause Contract Clause Full Faith and Credit Clause Republican Form of Government Clause
Supremacy Clause • Article VI- "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding…. ” • Under the Supremacy Clause, everyone must follow federal law in face of conflicting state law.
• Necessary and Proper Clause Article I- Section 8 – “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” • Also known as elastic clause because it can be used to stretch powers of federal government • Grants Congress power to enact laws to carry out “enumerated powers” which are specifically assigned to federal government.
(Interstate) Commerce Clause • Article I, Section 8, Clause 3 – "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. " • Direct source of one of most important powers of federal government • Strengthens federal power while setting limitations on state power
Contract Clause • Article I, Section 10, Clause 1 – No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. • Applies to contracts between private individuals or contracts made by state government. – However, if contract endangers health, safety, or welfare of public, state may regulate or void it.
Full Faith and Credit Clause • Article IV, Section 1. – “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. . . – Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. • Requires each state to recognize judgment entered in another state
Republican Form of Government Clause • Article IV, Section 4 – The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence • Insures citizens of each state that their state governments elect their officials and that republican standards are followed
Methods of Formally Amending the Constitution Part 1. Proposing an Amendment • 2 ways spelled out in Constitution for how to propose an amendment. 1. By way of Congress 2. By way of states • 2 nd way never used.
Methods of Formally Amending the Constitution Proposal by Congress Method • The first method is for a bill proposing to pass both houses of the legislature, by a two-thirds majority in each. • This is the route taken by all current amendments. – Because of some long outstanding amendments, such as the 27 th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21 st and 22 nd).
Methods of Amending the Constitution Proposal by the States Method • The second method prescribed is for a Constitutional Convention to be called by two -thirds of the legislatures of the States • This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about. – Either way, (Congress OR State method) the amendments must be then sent to the states to be approved by three-fourths of the legislatures or conventions.
Part 2 Approval/Ratification by the States • • Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. Once the amendment has passed both houses, it goes on to the states where ¾ of states must ratify it
Part 2 Approval/Ratification by the States • There are two ways to do this, too. 1. Through the state legislatures 2. Or by a state convention. • Amendments are sent to the legislatures of the states by default. • Only one amendment, the 21 st, specified a convention. • In any case, passage by the legislature or convention is by simple majority.
To Summarize…. The Constitution, then, spells out four paths for an amendment: 1. Proposal by convention of states, ratification by state conventions (never used) 2. Proposal by convention of states, ratification by state legislatures (never used) 3. Proposal by Congress, ratification by state conventions (used once- 21 st) 4. Proposal by Congress, ratification by state legislatures (used all other times)
Formal Amendment Process • The four different ways by which amendments may be added to the Constitution are shown here:
Informal Amendments Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. The informal amendment process can take place by: (1) the passage of basic legislation by Congress; (2) actions taken by the President; (3) key decisions of the Supreme Court; (4) the activities of political parties; and (5) custom.
Bill of Rights • Some alarmed at omission of individual liberties in proposed constitution. • Bill of Rights satisfied critics • 1791: became first 10 amendments to Constitution
Know The Bill of Rights!! 1. Freedom of religion, speech, press, assembly, and petition. 2. Right to keep and bear arms in order to maintain a well regulated militia. 3. No quartering of soldiers. 4. Freedom from unreasonable searches and seizures. 5. Right to due process of law, freedom from selfincrimination, double jeopardy, eminent domain 6. Rights of accused persons, e. g. , right to a speedy and public trial. 7. Right of trial by jury in civil cases. 8. Freedom from excessive bail, cruel and unusual punishments. 9. Other rights of the people. 10. Powers reserved to the states.
KEY! Other Amendments 11 Lawsuit against States’ Rules 12. Election Rules 13. Slavery Abolished 14. Citizenship Rights 15. Voting Rights 16. Income Tax 17. Direct Election of Senators 18. Banned Alcohol Other Amendments 19. Women Suffrage 20. Set Date for Swearing in Officials 21. Repealed 18 th 22. Limited presidential terms 23. DC Residents Voting 24. Voided Poll Tax 25. Presidential Succession 26. Set 18 as Voting Age 27. Addressed Congressional Raises
– “If you don’t vote, you can’t complain. ” Do you agree or disagree? Why? – Should the government be allowed to tax people who work but are too young to vote? – Is it fair that people can vote at age 18 but can’t purchase or consume alcohol until age 21?
• Amendment I – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. • Amendment II – A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. • Amendment III – No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
• Amendment IV – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. • Amendment V – No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
• Amendment VI – In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. • Amendment VII – In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
• Amendment VIII – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. • Amendment IX – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. • Amendment X – The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Amendment XI The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Amendment XII The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President…directed to the President of the Senate
• Amendment XIII Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. • Amendment XIV All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
• Amendment XV The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. • Amendment XVI The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration
• Amendment XVII The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures • Amendment XVIII After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Amendment XIX The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on
Amendment XX The terms of the President and Vice President shall end at noon on the 20 th day of January, and the terms of Senators and Representatives at noon on the 3 d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. , at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a
Amendment XXI The eighteenth article of amendment to the Constitution of the United States is hereby repealed Amendment XXII No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
Amendment XXIII The District (of Columbia) constituting the seat of government of the United States shall appoint in such manner as the Congress may direct a number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state… they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President… Amendment XXIV The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
Amendment XXV In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Amendment XXVI The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. Amendment XXVII No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.