1. The U.S. Constitution 2.4 The Basic Principles of the Constitution
The Structure of the Constitution
The proposed U.S. Constitution created a federal system that drew heavily on ideas about separation of powers. These ideas, delineated in the articles of the Constitution, concerned a way of parceling out power among the three branches of government. A system of checks and balances also prevented any one branch from having too much power.

2. The Basic Principles of the Constitution
2.4
The Basic Principles of the Constitution
Federalism
Power divided between national and state governments
National government considered supreme
Power derived from the people
The main question concerned how much power states would give up to the national government. Given the nation's experiences under the Articles of Confederation, the Framers believed that a strong national government was necessary for the new nation's survival. However, they were reluctant to create a powerful government after their experience with Great Britain. The compromise was to divide the power of government between a strong national government and the individual states, with national power being supreme.

3. The Basic Principles of the Constitution
2.4
The Basic Principles of the Constitution
Separation of Powers
Executive branch
Legislative branch
Judicial branch
Checks and Balances
Each branch has powers to check the other two branches.
The Framers feared putting too much power into the hands of any one individual or branch of government. Separation of powers is simply a way of parceling out power among the three branches of government. They created a system in which law-making, law-enforcing, and law-interpreting functions were assigned to independent branches of government.
The power of each branch is checked, or limited, and balanced because the legislative, executive, and judicial branches share some authority, and no branch has exclusive domain over any single activity.

4. 2.4
What are the separation of powers and checks and balances under the U.S. Constitution?
Rob Hill/Fotolia
Vacclav/Fotolia
Let's look at this diagram, which shows how the Framers crafted a political system of checks and balances and separation of powers.
As you can see, each of the three branches—executive, legislative, and judicial—has distinct powers, and each branch has powers that intersect with the powers of each of the other branches. This system prevents any one branch from becoming too powerful.
trekandphoto/Fotolia

5. TABLE 2. 1 How do the Articles of Confederation and the U. S
TABLE How do the Articles of Confederation and the U.S. Constitution Compare to One Another?
2.4
TABLE How do the Articles of Confederation and the U.S. Constitution compare to one another?
This table compares the powers of each section of government and the methods of selection of government officials between the two documents. What powers did the states give up? What are some differences in the legislative branch?
continued on next slide

6. TABLE 2. 1 How do the Articles of Confederation and the U. S
TABLE How do the Articles of Confederation and the U.S. Constitution Compare to One Another?
2.4
TABLE 1.1 (continued) How do the Articles of Confederation and the U.S. Constitution compare to one another?
This table compares the powers of each section of government and the methods of selection of government officials between the two documents. What powers did the states give up? What are some differences in the legislative branch?

7. Structure of the Constitution
2.4
Structure of the Constitution
Article I: The legislative branch
Article II: The executive branch
Article III: The judiciary branch
Articles IV through VII
You have all heard the words "We, the people." They are the opening words of the Preamble of the Constitution. The Preamble states the goals and formal creation of the new government. In seven articles, it:
• outlines the structure of the government
• enumerates the powers of the three branches
• defines the relationships between the states
• explains how to amend the Constitution

8. Structure of the Constitution
2.4
Structure of the Constitution
Article I: Legislative branch
Enumerated powers
Necessary and proper clause
Also called the Elastic clause
Implied powers
Article I vests all legislative powers in a bicameral Congress, consisting of the Senate and the House of Representatives. One of the most important sections of Article I is section 8. It carefully lists those powers the Framers wished the new Congress to possess. These enumerated powers contain many key provisions that had been denied to the Continental Congress under the Articles of Confederation.
After enumeration of 17 powers, a final, general clause authorizes Congress to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." The necessary and proper clause, often referred to as the elastic clause, has been a source of tremendous congressional activity never anticipated by the Framers. It is the basis for the implied powers that Congress uses to execute its other powers.

9. Structure of the Constitution
2.4
Structure of the Constitution
Article II: Executive branch
commander in chief
authority to make treaties and federal appointments
execute the laws faithfully
The powers and duties of the president are set out in Article II. Among the most important of these are the president's role as commander in chief of the armed forces. The president is given authority to make treaties with the consent of the Senate, to make federal appointments, and to "take Care that the Laws be faithfully executed."

10. 2.4 Why does the president deliver a State of the Union Address?
In Article II of the Constitution, the Framers required the president to report directly to Congress "from time to time" about the affairs of the state. Today, the speech has become a media event; the president's address is carried live on television, radio, and the Internet.
Virginia Mayo/ AP Images

11. Structure of the Constitution
2.4
Structure of the Constitution
Article III: Judiciary branch
Articles IV through VII
Full faith and credit
Supremacy clause
Amendment process
Article III establishes a Supreme Court and defines its jurisdiction.
The remainder of the articles attempted to anticipate problems that might occur. Article IV begins with what is called the full faith and credit clause, which mandates that states honor the laws and judicial proceedings of other states. Article V outlines the process of amending the Constitution. Article VI contains the supremacy clause, which asserts the basic primacy of the Constitution and national law over state laws and constitutions.

12. 2.4 Which clause makes federal laws supersede conflicting state laws?
Necessary and proper clause
Full faith and credit clause
Elastic clause
Supremacy clause
The answer to this question is one that you should know. I want to test your understanding now of these important clauses. What is the answer to this question?

13. 2.4 Which clause makes federal laws supersede conflicting state laws?
Necessary and proper clause
Full faith and credit clause
Elastic clause
Supremacy clause
The supremacy clause gives the national government enforceable power. Some consider it the linchpin of the federal system.

14. Ratifying the U.S. Constitution
2.5
Ratifying the U.S. Constitution
Federalists versus Anti-Federalists
The Federalist Papers
Winning Support for the Constitution
Bill of Rights
Ratification by nine of the 13 states was required to activate the Constitution but when nine states had ratified, New York and Virginia still had not done so. Since they contained 40% of the population, their assent was critical to the success of the new government.
In New York, where ratification was most in doubt, three Federalists, Alexander Hamilton, James Madison, and John Jay penned a series of essays in favor of ratification known collectively as The Federalist Papers. The Anti-Federalists responded with a critique of the Constitution that highlighted their fears of a strong, distant central government.
The first ten amendments to the Constitution are known collectively as the Bill of Rights. They were ratified in 1791 at the behest of the Anti-Federalists who sought protection for individual liberties in the Constitution as a condition of ratification.
Activity: The struggle to ratify the Constitution was intense. The eventual ratification of the Constitution may be partly attributed to the case made by the Federalists. But the Anti-Federalists made many important contributions, including making the case for a Bill of Rights.
Organize the students into two groups. Ask them to pretend they are Constitutional Convention delegates and have them debate the following issue: "Resolved: That the United States Constitution should contain a Bill of Rights."
Those opposing the inclusion of a Bill of Rights should read The Federalist No. 84
Those favoring the inclusion of a Bill of Rights should read The Anti-Federalist No. 84 to help prepare their positions.

15. Federalists Versus Anti-Federalists
2.5
Federalists Versus Anti-Federalists
Federalists favored strong national government.
Anti-Federalists favoured strong state governments.
Ratification process was contentious
During the debate over whether to ratify the Constitution, those who favored the new strong national government were called Federalists. Opponents of ratification, who favored stronger states governments and a weaker national government were called Anti-Federalists.
The ratification process was marked by fervent debates between the two sides.

16. The Federalist Papers 2.5 85 essays by Federalists
Alexander Hamilton (51)
James Madison(26)
John Jay(3)
Appeared in New York newspapers
Theoretical, scholarly
Anti-Federalists responded with critique of Constitution
Three of the most prominent Federalists, Alexander Hamilton, James Madison, and John Jay, penned 85 essays in New York newspapers under the pseudonym "Publius." These essays were a bit theoretical and scholarly to have much impact on the public during the ratification debate at the time, but they have survived as explanations for later generations of the Framers' intentions.
The Anti-Federalists responded with essays of their own, expressing their fear that the national government would run roughshod over the liberties of the people and the New York ratification vote was close.

17. Winning Support for the Constitution
2.5
Winning Support for the Constitution
Delaware first state
Small states before others
New Hampshire 9th state
New York and Virginia
Delaware was the first state to ratify the Constitution, as they proudly proclaim on their license plates to this day. Small states were generally quicker to ratify, with the notable exception of Rhode Island which hadn't even sent delegates to the Constitutional Convention, because they liked the notion of equal representation in the Senate.
With the ratification of the 9th state, New Hampshire, the Constitution was officially in force but two of the largest states, New York and Virginia, who together held 40% of the population, had yet to ratify, so the practical future of the union was still very much in doubt. Hamilton in New York and Madison in Virginia worked to convince delegates to their state conventions to vote for the new government. When news of Virginia's acceptance of the Constitution reached the New York convention, Hamilton was able to convince a majority of those present to follow suit by a margin of three votes.

18. The Bill of Rights 2.5 Condition of ratification
Sought by Anti-Federalists to protect civil liberties
First ten amendments to Constitution
The Anti-Federalists insisted that a Bill of Rights be added as a condition of ratification. The Bill of Rights comprise the first ten amendments to the Constitution and prevent the federal government from infringing on a range of civil liberties including freedom of speech, of the press, religion and assembly.

19. TABLE 2.2 What Were the Differences Between the Federalists and the Anti-Federalists?
2.5
This table compares the background, political philosophy, type of government favored, and alliances of the Federalists and Anti-Federalists.

20. 2.5 What did the Anti-Federalists
fear?
A strong national government
A weak national government
Strong state governments
Limited taxing power
Now that we've gone over opposing viewpoints of the Federalist and the Anti-Federalists, I want you to answer this brief question to test your comprehension.

21. 2.5 What did the Anti-Federalists
fear?
A strong national government
A weak national government
Strong state governments
Limited taxing power
In response to this fear, the Anti-Federalists insisted on the addition of a bill of rights, which would protect citizens against a tyrannical government.

22. Toward Reform: Methods of Amending the U.S. Constitution
2.6
Toward Reform: Methods of Amending the U.S. Constitution
Formal Methods of Amending the Constitution
Informal Methods of Amending the Constitution
The Framers did not want the whims of the people to sway the government unduly. Therefore, they designed a deliberate two-stage, formal amendment process that required approval on both federal and state levels; this process has rarely been used. However, informal amendments, prompted by judicial interpretation, cultural and social changes, and technological change, have had a tremendous impact on the Constitution.

23. Formal Methods of Amending the Constitution
2.6
Formal Methods of Amending the Constitution
Proposal
Two-thirds members of both houses
Two-thirds of state legislatures
Never used
Ratification
Vote in state legislature
Vote in ratifying convention
Article V of the Constitution creates a two-stage amendment process: proposal and ratification. There are two ways to accomplish each stage.
Let's look at the graphic on the next slide to understand the process.

24. 2.6 FIGURE 2.2 How can the U.S. Constitution be amended?
There are two stages to the amendment process: proposal and ratification.
Amendments can be proposed by a vote of two-thirds of the members in both houses of Congress, or by a vote of two-thirds of the state legislatures specifically requesting Congress to call a national convention to propose amendments. The second method has never been used.
The ratification process is fairly straightforward. When Congress votes to propose an amendment, the Constitution specifies that the ratification process must occur in one of two ways: a favorable vote in three-fourths of the state legislatures; or, a favorable vote in specially called ratifying conventions in three-fourths of the states.

25. 2.6 Which is the only constitutional amendment to be repealed?
For all its moral support from local prayer bands and groups such as the Woman’s Christian Temperance Union (WCTU), whose members blockaded bars to protest the sale of alcoholic beverages, the Eighteenth (Prohibition) Amendment was a disaster. Among its side effects was the rise of powerful crime organizations responsible for illegal sales of alcoholic beverages. Once proposed, it took only ten months to ratify the Twenty-First Amendment, which repealed the Prohibition Amendment.
Kean Collection/Archive Photos/Getty Images

26. Informal Methods of Amending the Constitution
2.6
Informal Methods of Amending the Constitution
Judicial interpretation
Supreme Court can decide if laws are unconstitutional.
Social and cultural change
Legislation can alter balance of power between government and states.
Technological change
Media is redefining free speech.
In 1803, the Supreme Court declared in Marbury v. Madison that federal courts had the power to nullify acts of the nation's government when the courts found such acts to conflict with the Constitution. Today, some analysts argue that the original intent of the Framers should govern judicial interpretation of the Constitution. Others argue that the Framers knew a changing society needed an elastic, flexible document that could adapt to the ages.
Even the most far-sighted of the Framers could not have anticipated the vast changes that have occurred in the United States. The Constitution has evolved to accommodate such social and cultural changes. The federal government has taken on more powers and responsibilities in relation to the states, as we will discuss later in this course.
Technological advances of the twenty-first century bring up new questions concerning privacy and our rights under the Constitution.
Activity: Ask students to bring in a news story from the previous week to illustrate a point of contention over the U.S. Constitution. Use these clippings as the basis for class discussion, focusing on how the Founders left the Constitution flexible for future generations. Examples might include gun control (the 2nd Amendment), the rights of criminal procedure and due process, or the implied right to privacy.

27. 2.6 Which of the following is an
informal method of amending the Constitution?
Ratification by two-thirds of states
Presidential decree
Legislative oversight
Judicial interpretation
Now that we've gone over the process of amending the Constitution, I want you to answer this brief question to test your comprehension of an informal way that the Constitution can be amended.

28. 2.6 Which of the following is an
informal method of amending the Constitution?
Ratification by two-thirds of states
Presidential decree
Legislative oversight
Judicial interpretation
The Supreme Court can declare some laws to be unconstitutional. This power has significantly expanded the authority of the judicial branch.

29. 2
Discussion Questions
Why did the colonists break free from British rule?
Were they successful in creating a government that solved the problems they had as British subjects under colonial rule?

30. 2 Further Review Listen to the Chapter Study and Review the Flashcards
Study and Review the Practice Tests