1. Chapter 3
The Constitution

2. Federalists and the Anti-Federalists
Alexander Hamilton, James Madison, John Jay
Focused on a strong national government
Wanted National government to be stronger than states
Financially sound government
Ex. Pay off national debt,
have a national bank,
establish tariffs
Anti-Federalists:
Patrick Henry, Sam Adams, John Hancock
Wanted a Bill of Rights to be included
Wanted stronger state power
Worried that the President would become too powerful, like a monarch
Federalists: Madison, Hamilton, John Jay (wrote federalist papers)
Anti-Federalists: Patrick Henry, Samuel Adams, John Hancock, George Mason
Anti-federalists wanted a bill of rights to be included in order to support the constitution. So the two parties compromised and the first state ratified the Bill of Rights in 1789, though it took until December 1791 for all 10 amendments to be ratified by the states. Some states rejected some of the amendments, but all eventually received the ¾ (of the states) requirement to be included in the constitution.

3. The Constitution September 17, 1787
-“The Supreme Law of the Land”- meaning it is the highest form of law in the U.S.
-Sets out the basic principles of how our government was built and operates today
-Lays out framework and procedures of our government and set the limits for which our government must conduct itself.
-All 13 original colonies
approved the Constitution
Took effect in 1789
Took two years to get all 13 to ratify it because of the federalist/anti-federalist debate.
The articles of confederation lasted from 1781 until ratification of the Constitution in They failed because: no ability to raise revenue through taxes, no regulation of interstate commerce, no uniform currency, no ability to raise an army, and disputes over representation.

4. Outline of the Constitution
Preamble
Article I: Legislative Power
Article II: Executive Power
Article III: Judicial Power
Article IV: State’s Powers & Limits
Article V: Amendment Process
Article VI: Supreme Law of the Land
Article VII: Ratification
Amendments
Article VII: required 9 of 13 to ratify it

5. Ratification of the Constitution
Almost all agreed that the Articles of Confederation were not working. But not everyone supported the new Constitution.
Federalists supported the ratification of the Constitution.
Anti-Federalists did not fully support ratification of the Constitution, and would not without a bill of rights included.

6. Bill Of Rights First 10 Amendments in the Constitution
They set out the constitutional guarantees of freedom of expression and securities of all U.S. citizens
Bill of Rights takes from Locke, English Bill of Rights, Magna Carta, etc…

7. The Unalienable Rights
Civil Liberties
Basic rights and freedoms guaranteed by the constitution
(Ex. Speech, Religion, trial by jury, vote, etc…)
Civil Rights
Basic rights which guarantee equality for all despite such things as race, gender, disability, etc…
Note the distinction!!
Civil rights movement was about securing equality for various groups. Liberties are basic rights the constitution outlines specifically and interpretively.

8. Rights are Relative - No state shall deprive Rights are NOT absolute
No one has the right to do anything he or she wants
Due Process Clause:
- No state shall deprive
any person of life, liberty,
or property without
due process of law
Even schools follow due process---if you get in trouble there is a specific process the school must follow such as a notification of what your in trouble for, meeting with principal or dean, call home, etc…

9. The Basic Principles Popular Sovereignty Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
These are on the worksheet—wait and fill in the worksheet.

10. Popular Sovereignty The people are sovereign
They are the ONLY source for any and all governmental power
Government can govern only with the consent of the governed
Popular sovereignty = democracy, but we have a representative democracy.

11. Limited Government NO government is all-powerful A government may do
ONLY those things that
the people have given it power to do
Constitutionalism: the government must be conducted according to constitutional principles
Rule of Law- NO ONE is above the law (Constitution)
Rule of law- no one is above the law, not even the government (supreme law= constitution)

12. Separation of Powers
Idea that the Framers of the Constitution intended to create a strong government for the United States but also limit the powers that the government has
3 Branches
Executive: Enforce law
Legislative: Make law
Judicial: Interpret law
The challenge for the framers was creating a constitution that provided for a government that was strong enough to control the people, yet limited enough to be guided by the will of the people.

13. Checks and Balances
Each branch is subject to a number of constitutional checks (restraints) by the other branches which creates a balancing of power between them
Ex: President may veto an act of Congress, Congress can override a Presidential veto, Judicial branch can declare a law unconstitutional
There are several other checks and balances but these are the basic ones you must know for the test.

15. Judicial Review The power of the courts to determine whether the
government’s actions are
in accord with the
Constitution
Unconstitutional: to declare
an action or law illegal or null
and void
Marbury v. Madison, gave Supreme Court power of Judicial Review
In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ.
The Court decided that Marbury’s request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law of the Land, it must reign supreme. Through this case, Chief Justice John Marshall established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision.

16. Federalism
The division of power among a central government and several regional government
Ex. Federal (National Government), Arizona State Government, Chandler City Government
We will go further into detail on this next week.

17. Formal Amendment
Changes or additions that become apart of the constitution
1st Method: Amendment proposed and passed by 2/3 of House and Senate, then approved by 3/4 of the states (used 26 times)
2nd Method: Proposed by Congress and ratified by state conventions (used once-the 27th)
3rd Method: Proposed by National Convention (2/3), ratified by State Convention (3/4) (never used)
4th Method: Proposed by National Convention(2/3), ratified by state legislatures(3/4) (never used)

18. Proposed Amendments
A state can change its mind after it votes NO on an Amendment
15,000 since 1789
33 went to the states for approval
27 were ratified
First 10 were proposed in 1789 and ratified in 1791.

19. Change By Other Means Passage of legislation by Congress-
All federal courts set up by acts of Congress
Presidential succession set up by Congress
Laws on commerce power- foreign and interstate
Actions taken by the President
War Powers Act
Executive Agreement
Treaty- needs Senate approval
Decisions by the Supreme Court
Activities of Political Parties
Congress organized on party lines
Appointments with an eye to party politics
Customs
Cabinet
Senatorial Courtesy
Congress: the framers left the Constitution as a skeleton (on purpose) they wanted to make sure that Congress to change and expand details as circumstances presented themselves

20. 1: Freedom of Religion, Press, Assembly, and Speech
2: Right to bear arms
3: Protection from quartering soldiers
4: Protection from unreasonable search and seizure
5: Freedom
from self-
incrimination,
double-jeopardy
6: Right to trial by jury and speedy trial and in front of your peers
7: Civil trial by jury
8: Protection from Cruel and unusual punishment
9: Protection of other rights
10: Powers of the state are reserved to the people
3- useless now, but was important during the revolutionary war period when British troops were invading people’s homes.

21. Amendments 11-15 11th Immunity to States for certain law suits
12th Changes in Electoral College Procedures
13th Abolition of Slavery
14th Citizenship, due process and equal protection
15th No denial of vote because of race. Color or previous enslavement

22. Amendments 16-22 16th Power to Congress to tax incomes
17th Popular election of Senators
18th Prohibition
19th Women’s Suffrage
20th Dates set for Presidential and Congressional Terms
21st Repeal of Prohibition
22nd Limit on Presidential Terms

23. Amendments 23-27
23rd Washington D.C. allowed to vote in Presidential Elections
24th Ban of tax payment as voter qualification
25th Presidential succession, vice presidential vacancy, and presidential disability
26th Voting age 18
27th Congressional Pay