The United States Constitution

1. Unit 3 - Foundations of American Government & the Federal Constitution APUSH Mrs. Baker The United States Constitution

2. The Constitutional Convention

3. The Purpose of the Convention • What was the original purpose of the Convention? • What did they replace the Articles of Confederation with? • Who was present at the Convention? • What were major changes established by the Founding Fathers?

4. Issue – Representation Opposing Views Great Compromise • Large State: “We favor the Virginia Plan, in which representation in Congress is based on population. States with more people should have more representatives in Congress.” • Small States:”We support the New Jersey Plan. All states should have the same number of representatives in Congress.” • Issue: • Equal or proportionate representation in Congress • Solution: • Bicameral legislature • Senate = equal representation • House of Representatives = proportionate to population

6. Issue – Slave Population Opposing Views Three-Fifths Compromise • Southern States:“When a “census” – a count of the people – is taken to determine how many representatives each state gets in Congress, slaves should be included in the total.” • Northern States:“Slaves should not be counted because they are not citizens and have no political rights. • Issue: • Counting enslaved people within population to determine representation • Solution: • Enslaved people were counted as three-fifths of one person, both for representation and taxation • 1 Slave = 3/5 of a person

8. Issue – Slave Trade Opposing Views Slave Trade Compromise • Slaves States: “Congress should not be able to stop us from importing slaves to work on our plantations.” • Free States: “Limits should be placed on the number of slaves being brought into the United States.” • Issue: • The institution of slavery • Solution: • Trade of slaves will be banned in 20 years (1808) • Institution still allowed

9. Issue – Commerce/Trade Opposing Views Commerce Compromise • Agricultural States: “Congress should not be able to tax imports or exports. If imports are taxed, we will have to pay higher prices for foreign goods. If exports are taxed, it will be harder for us to sell our products to foreign countries.” • Manufacturing States: “Congress should tax imports so that foreign goods won’t be cheaper than American-made manufactured products.” • Issue: • Granting Congress the power to regulate foreign and interstate trade • Solution: • Congress was forbidden to tax a State’s exports • Responsible for regulating interstate and foreign trade

10. Issue – Electing the President Opposing Views Election Compromise • Aristocrats: “The less-informed common man cannot be trusted to choose capable leaders. Voters should elect a small number of well-educated leading citizens to be “electors,” who will then choose the President and members of Congress.” • Democrats: “We oppose a rich man’s government. The President and members of Congress should all be directly elected by the voters.” • Issue: • Length of President’s terms of office and method of election • Solution: • President will serve a 4-year term • President will be indirectly elected by Electoral College

11. How the weaknesses of the Articles of Confederation were corrected by the Constitution Articles of Confederation US Constitution • States have most power • Congress lacked power to enforce laws • No executive office • No national courts • Laws must be approved by 9 of 13 states • Congress had no power to tax • Congress cannot regulate trade among states • Each state coins its own money • All 13 states must agree to an amendment • Federal system: Power to govern is divided between national and state governments • The Constitution and acts of Congress take supremacy. • President = executive branch • Both state and federal courts exist • Congress is responsible to the people • Laws require a majority vote by both houses • Congress has power to raise and collect taxes • Congress has sole control over interstate and foreign trade • Only national government has power to coin money • Amendment process involves both federal and state governments.

12. Ratification • What key argument is portrayed in the political cartoon? • Why did the Antifederalists demand this revision/addition to the Constitution?

13. The Constitution:Structure and Principles

14. The Structure

15. Preamble • “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” • According to the Preamble, who is creating this Constitution? • What other documents have we seen a concept that is restated here?

16. Structure

17. Federal Officeholder

18. Legislative Branch Makes the Laws • Select the President if no candidate receives a majority of the electoral vote. • Impeachment charges • Originate all revenue bills • Select the Vice President if no candidate receives a majority of the electoral vote. • Act as jury in impeachment trials • Ratify treaties (2/3 vote) • Approve presidential appointments

19. Expressed Powers Peace Powers War Powers • Lay taxes • Borrow money • Regulate foreign and interstate commerce • Coin money • Establish post offices • Create courts inferior to Supreme Court • Declare war • Raise and support armies • Provide and maintain navy • Make laws governing land and naval forces

20. Implied Powers Elastic Clause To make all laws NECESSARY and PROPER for carrying into execution the foregoing powers • To define and provide punishment for federal crimes • Establish the Federal Reserve System • Improve rivers, canals, harbors, and other waterways • Fix minimum wages, maximum hours of work

22. Executive Branch Enforces Laws Federal Bureaucracy

23. Steps to Becoming President

24. Electoral College Reasons to Change the System Reasons to Keep the System • “Winner-take-all” system” • Winning candidate gets all the electoral votes in a state, no matter how close the popular vote is. • Generally, electors are not required by law to vote for the candidate who wins in their state. • Very difficult to amend Constitution • Small states would lose the advantage they now have of being over-represented in the electoral college • Changes might threaten the two-party system. • Prevents many smaller parties from popping up.

25. Presidential Roles and Powers Chief Executive Chief Diplomat • Enforce and put laws into effect • Act as administrator of the huge federal bureaucracy • Issue executive orders that have the effect of laws • Appoint judges, diplomats and other high government officials • Some with Senate approval and others without • Remove appointed government officials within the executive branch • Make treaties • Make executive agreements with nations without Senate approval • Extend and withdraw diplomatic recognition to a nation

26. Presidential Roles and Powers Commander-in-Chief Chief Legislator • President has broad powers that are shared with Congress. • Times of war, powers even stronger • Recommend legislation to Congress • Veto potential laws.

27. Presidential Roles and Powers Chief of State Judicial Powers • Ceremonial head of government • Symbol of all people of the nation. • Grant reprieves, pardons, and amnesties. • Pardons granted to groups rather than individuals Head of Party • Leader of Political party in power

28. Judicial Branch Interpret the Laws • The Supreme Court • Major responsibility is to determine the constitutionality of law. • Judicial Review • Constitution identifies the jurisdiction of the federal courts and the state courts. • Determined by: • Subject matter • Parties involved

29. Court Jurisdiction • With two court system – federal & state – Constitution defined the jurisdiction of the federal courts in order to make clear which cases go to federal courts and which go to state. • Jurisdiction = authority • The court has the authority to hear a case is determined by two factors: • Subject matter: federal courts hear cases involving federal laws, treaties, maritime law, and interpretation of the Constitution. • Parties: federal courts are directed to have jurisdiction if cases involve certain parties, or participants in a case. • Example: cases involving representatives of foreign governments or states suing other states. • Types of Supreme Court Jurisdiction: • Original: The Supreme Court will hear the case first and make decision • Appellate: In most cases, the Supreme Court had appellate jurisdiction. • This occurs when the losing side of a lower court case believes a judge made a mistake in applying the law. The case may be appealed to a higher court. • Supreme Court hears about 150 cases a year out of nearly 5,000 appeals.

30. Powers of Supreme Court and Federal Courts • Settle legal disputes between states • Settle federal and state disputes • Settle disputes between states and foreign countries • Hears cases with foreign ambassadors of foreign governments • Settles disputes between individuals and federal government

31. Structure of Federal Courts

32. Amendment Process

33. The Bill of Rights

34. Amendments 11 – 27

35. The Constitutional Principles

36. Popular Sovereignty • All political power resides in the people. • The people are sovereign • “supreme power” • People are the only source for any and all governmental power. • Government can only govern with the consent of the people. • Why is this principle of the Constitution important to the structure of the United States? • Do Americans take full advantage of this principle?

37. Limited Government • Principle holds that no government is all-powerful. • A government may do only those things that the people have given it the power to do. • The people are the only source of any and all of government’s authority; and government has only that authority the people have given it. • The government must obey the law. • Known as constitutionalism – government must be conducted according to constitutional principles. • Also described as the rule of law – holds that government and its officers are always subject to – never above – the law.

38. Federalism

39. What is Federalism??? • Division of power among a central government and state governments. • Founding Fathers’ wanted to create a balance between liberty and order. • Disputes between the national and state governments are settled by the courts, but… • The Supremacy Clause of Article VI of the Constitution makes the Constitution, federal laws, and treaties superior to state laws

40. The Supremacy Clause

41. Five Types of Power • Delegated – certain powers of the national government which are spelled out in the Constitution. • Most of these powers are identified in Article I Section 8 • Implied – certain powers of the national government which are not state in the Constitution. • Elastic clause • Denied – certain powers are identified as denied to the national government, the states and both. • National – power to pass an export tax • State – power to print money • Both – power to deny the right to vote because of sex or race • Concurrent – certain powers belong to both the national and state governments • Power to tax. • Reserved – powers are neither delegated to the national government nor denied to the states.

42. Federalism

43. Separation of Powers • “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether one, a few, or many…may justly be pronounced the very definition of tyranny.” • James Madison, • The Federalist No. 47, 1788 • Why did Madison and the Founding Fathers deem it necessary to implement the idea of separation of powers?

45. Checks and Balances • The Constitution gives each branch its own field of governmental authority: legislative, executive, and judicial. • Three branches are not entirely separate nor completely independent of one another. • Tied together by system of checks and balances. • Each branch is subject to a number of constitutional checks (restraints) by the other branches. • Each branch has certain powers with which it can check the operations of the other two. • System makes compromise necessary • Compromise is a vital part of a democratic government.

47. Flexibility • Elastic Clause • Congress can make all laws “necessary and proper” for carrying out the tasks listed in the Constitution • Amendment Process • Constitution can be formally changed • Judicial Interpretation • Supreme Court and lower federal courts review cases which involve possible conflicts with the Constitution and federal laws. • Judicial Review • Unwritten Constitution • Congressional and executive interpretations and actions • Court decisions • Customs, Traditions • I.E.  political parties, presidential cabinet