To Determine the necessity of flexibility in the

To Determine the necessity of “flexibility” in the U. S. Constitution.

Secretary of the Treasury Federalist Party leader Alexander Hamilton argued for the addition of the “elastic clause” at the Constitutional Convention in 1787. Hamilton argued that a “LOOSE CONSTRUCTION” view of the Constitution would allow for greater flexibility of the US Government to adapt to changing times and circumstances. Alexander Hamilton

Although there is no mention of a space program in the Constitution …. . . the elastic clause allowed the US Government to …. . . create a NASA program to explore all the possibilities of space flight.

The elastic clause and loose construction allowed the US Government to secretly build the world’s first successful nuclear program … thus helping the USA to be the world’s first nuclear superpower. Albert Einstein Nuclear Physicist

The elastic clause allows the US Government to change its money system as needed to meet the needs of changing times. This is an old one dollar bill, backed by silver.

An easy way to think of the elastic clause is to think of the US Government’s power to change its own size and shape. The Federal Government can become more powerful, less powerful, spend money, borrow money, loan money, etc…to help the nation adapt to ever changing circumstances.

Elastic Clause 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. What kind of power does that give our government?

When has the Elastic Clause been used? • Creation of a National Bank • Purchase of Louisiana Territory

“Unwritten” Constitution Cabinet Electoral College Promise Judicial Review Unwritten Constitution Cong. Comm. Political Parties Lobbying

President’s Cabinet What is it and why does the President need it ? • Organize government • Choose Department heads • Decide which problems are most critical to the country • Plan and EXECUTE policy decisions

Electoral College. . that electors vote for the people’s choice. • We vote for slates of delegates • Delegates then vote for candidate who gets most popular vote. • Do we really need the Electoral College?

Judicial Review • Supreme Court’s power to review prior court decisions, and rule on constitutionality. - Marbury vs. Madison sets precedent - Supreme Court acted as referee and kept that role. - Grew out of need for checks and balances

Political Parties When did political parties begin to appear? Were political parties unavoidable? What role do political parties play in our system? Could we operate without them?

Congressional Committees • Whose idea were they? • Need same as President’s need for help - Whole body can’t consider all issues. - Congress people with interest in them serve on committees. - Serve to prioritize nation’s agenda for changes that might be needed.

Lobbying Is it slang for “Hanging Out” in the Capital? • The act of trying to influence Congress. • People need laws favorable to causes. • Could only reach Congresspeople in the “lobby” of the Capitol Building

Putting the Constitution into Effect An “unwritten” constitution devolved almost immediately to support the “written” Constitution. This helped to “fill in the blanks”. Essential but not actually in the Constitution

The Cabinet : ? ? ?

NO!!! These Guys.

Unwritten Constitution Washington appointed: • Alexander Hamilton - Secretary of the Treasury • John Jay - Secretary of State until Thomas Jefferson returned from Europe - Henry Knox - was made Secretary of War

Unwritten Constitution Washington regularly asked for the advice of these men. It became known as the Cabinet. This is not in the Constitution but every president since has had one.

Unwritten Constitution The Electoral College Promise: The fact that Electors in the Electoral College vote for the winner of the popular vote in their state is based on historical precedent, not anything in the Constitution.

Unwritten Constitution Judicial Review: The Supreme Court does not have the power, in the Constitution, to declare laws unconstitutional. This power was a precedent created by the case of Marbury v. Madison (more to come).

Unwritten Constitution Political Parties: Not mentioned in the Constitutional although relied upon heavily today for the election process.

Unwritten Constitution Congressional Committees: Not in the Constitution but used today in the passage of legislation in Congress.

Unwritten Constitution Congressional Lobbying: Not in the Constitution but allowed under the first amendment (speech) and regulated by law.

Unwritten Constitution Term Limits for President: Until FDR, the two term rule was followed by every president. It was not in the Constitution (Now it is: 22 nd Amendment)