1. The Constitution: Key Concepts

2. How were the following weaknesses of the Articles of Confederation corrected by the Constitution?
States have most of the power. The national government has little.
No executive officer to carry out the laws of Congress
No national courts. Only state courts exist
Congress is responsible to the states.
9 out of 13 states have to approve a law before it can go into effect.
Congress has no power to tax.
Congress can not regulate the trade among the states
Each state coins its own money. There is no national currency

3. Key Concepts
Republic – form of government: indirect, representative democracy
Popular Sovereignty- Power of the people (“We the people”)
Separation of Powers- 3 Branches
Checks and Balances- The power of one branch is limited by the powers given to the other two
Veto, Impeachment,

5. Federalism-Power is divided and shared between national and state governments

6. “A Living Document” Flexible, adaptable to survive for so long!
Ways it is flexible:
Amendment
Elastic Clause
Judicial Interpretation

7. Amendment Only done 28 times (One-18th-Prohibiton was repealed)
2 basic ways:
2/3rds vote of each house of Congress and then ratified by 3/4th of state legislatures
Never tried- 2/3rds of state legislatures call for a constitutional convention
Note: Every section can be amended- except one: States must be equal in Senate (Great Compromise)

8. Elastic Clause
Article 1 Section 8 Clause 18 (Many scholars say most important provision of Constitution)
Gives Congress the power to make all “necessary and proper” laws to carry out its delegated powers.
“elastic”- it stretches the authority of Congress
Thus, gives “implied” powers
Child Labor, Military Academies, War Powers Act 1973

9. Judicial Interpretation
Judicial Review- power of courts to declare law unconstitutional. (Not in Constitution, established by court case)
Strict v Loose Construction (Interpretation)-
When language is ambiguous, unclear, how does a judge interpret it?

10. Strict Interpretation
Literal, word for word interpretation-
Only the meaning of words in the text is considered
The purpose or intent of the lawmaker is not considered
Favored by those who want to limit power of National Govt- it can do only what it specifically says in Constitution.

11. Loose or Liberal Construction
Not limited by the words
Considers the purpose and intent of the lawmaker.
Reads “between the lines”
Favored by those who want to increase power of National Government

12. Examples of Strict v. Loose
Biblical interpretation.
2nd Amendment: “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.”

13. Strict v. Loose: Ongoing Debate
Judicial Restraint v Judicial Activism
Judicial Restraint:
Judges should use strict interpretation
restrain from using judicial review
Defer to the judgment of elected branches
Courts hould have limited role in making policy
Favored by Conservatives or Republicans

14. Strict v. Loose Judicial Activism Judges should use loose construction
Use Judicial Review
Courts should have an active role in public policy for social change and betterment.
Favored by liberals, or Democrats

15. Strict v Loose Examples
Yesterday’s court case on “Don’t Ask, Don’t Tell”
Roe v. Wade: Strict- Court went around the will of elected officials by reading new rights into the Constitution
Liberals- Constitution guarantees the right to an abortion as part of its right to privacy