The Constitution

Representation Virginia Plan The more population you have the more representatives you have House of Representatives New Jersey Plan All states have the same amount of representation Senate Connecticut Plan (Great Compromise) Bicameral legislation House of Reps and Senate

Major Themes Separation of Powers Checks and Balances Limited Majority Rule Federalism

Separation of Powers

Philosophy Behind it We believed in Hobbes- “All Men are Self Serving” However we didn’t want his type of Government (unitary) Or another Confederation So we created a Central government with power divided in 3 separate Branches Federalist 51 “Ambition must be made to counteract Ambition”

Separation of Powers The House has specific powers The Senate Has specific powers The Legislative branch has specific powers The Executive Branch has specific powers The Judicial Branch has Specific Powers States have specific powers

Legislative Article One House of Representatives (Section 2) 2 year terms Elected Directly by the people 2 Specific Powers (Theme-Will of the People) Impeach the President Originate all Revenue Bills Why were these specific powers given only to the House?

Senate Senate (Section 3) 6 year terms- Voted on by state legislatures 17 th amendment instituted direct election of Senators Terms were staggered so that appointments would expire every 2 years Three Specific Powers (Theme- Limit Majority Rule) Ratify Treaties Approve Appointments Conduct Trial after Impeachment

Enumerated Powers ARTICLE 1 SECTION 8 Making Laws Specific powers granted to Congress 17 specific powers Many contain key provisions denied to the Government under the Articles of Confederation Power to Tax Regulate Commerce Coin Money Declare War

Elastic Clause or Necessary and Proper Final paragraph of the Article One “To make all laws which shall be necessary and proper…” Has been a tremendous source of expansion of congressional activity never anticipated by the Framers Environment, Welfare, Education, and Communication

Executive Branch Gave the Authority to Execute the laws of the nation Section 1- Set Term Limit, Qualifications and Defined the Electoral College Limits Majority Rule What powers would you give the president?

Quiz What group led to a swift adoption of the bill of rights What was the main argument between the Federalists and Anti-Federalists List one way Madison suggests to limit the excess of a Faction List 3 powers of the President What article of the Constitution deals with relationship between the States? (Full Faith and Credit Clause)

Formal Powers of the President ForeignDomestic President is Commander and Chief of our Army. “Wage War” Veto Laws Write TreatiesPardon Criminals Appoint Foreign AmbassadorsCall a special session of congress State of the Union Appoint Judges and Civil Officers TO ENFORCE THE LAWS

Judicial Branch Article 3 Establishes one Supreme Court and leaves Congress with the decision to establish other “inferior courts” What about Judicial Review? No explicitly stated but it is implied in the text “Extending all cases, in law, and equity arising under the Constitution and laws of the United States” (Section 2) INTERPRETING LAWS

Article 3 Judicial Branch The Judicial Branch derives most of its power, not from the Constitution, but from a Court Case Marbury vs. Madison Establishes Judicial Review While Judicial Review is not in the Constitution, the AP Board does acknowledge it is a Constitutional provision

Article 4 Full Faith and Credit Clause Protect citizens of all states from State Governments Entitled to all privileges and immunities of Citizens in the several states(50 now) Prison Break Same Sex Marriage

Article 5 How to Amend the Constitution Both Houses of Congress must pass an amendment by 2/3rds vote After the amendment passes in Congress it goes to the State Legislatures. ¾ of the State Legislatures must approve the Amendment for it to pass. The President has no formal part in Amending the Constitution

Article VI Supremacy Clause 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, anything in the Constitution or laws of any State to the contrary notwithstanding.