1. Section 1: Constitution
Unit 1: Political Power
Section 1: Constitution
Essential Question: How did the Framers ensure that citizens would be protected from tyranny?

2. Basic Concepts of American Government:
Limited Government:
Government is not all-powerful
Individuals have rights that the government cannot take away
Representative Government:
The people should have a voice in government
Citizens choose members to represent their interests in the federal government
Government serves the people

3. Government in the Colonies
Each colony had its own form of government
The colonies were culturally and politically different from each other
Bicameral Legislature: Power was divided between two levels (houses) of government
Unicameral Legislature: Power rested in the hands of one house.

4. Common Features of State Constitutions
Popular Sovereignty:
The belief that government can only exist with the consent of the people (people hold the power)
Limited Government
Civil Rights and Liberties
Separation of Powers / Checks and Balances

5. The Articles of Confederation:
During the Second Continental Congress, an agreement was made that unified the states into a confederation (a collection of states who work together for a common purpose)
Powers under the A.O.C:
Congress could declare war, coin money, and raise an army
States held all other powers

6. Weaknesses of the Articles of Confederation:
States promised to give money to Congress to help it pay off its war debt but few states paid anything
The government (Congress) had no power to enforce its laws or to make the states honor their promises
The government could only make decisions with near total agreement of the states (this rarely happened)

7. The Failure of the Articles of Confederation
Shays Rebellion:
Trade between the states was not regulated by the national government, this led to economic problems that hurt the local economy
Daniel Shays, a former military commander, led an uprising against the government of Massachusetts in protest of the poor economy
The state was unable to stop the rebellion and the national government could not help
Other states sent volunteers to stop the uprising
This led to the call for a stronger national government

8. Constitutional Proposals and a Compromise is Reached:
The Virginia Plan:
Called for 3 separate branches of government
Called for a bicameral (2-house) legislature
Wanted government representation to be based on a states population (this plan made large states more powerful)
President chosen by Congress
The New Jersey Plan:
Called for a unicameral (1-house) legislature
Called for a “federal executive” a group of people that would serve as President
Wanted government representation to be equal (2 members from each state)
Federal Executives would be chosen by Congress

9. A Compromise is Reached
The Connecticut (Great) Compromise:
Three branches of government would be created
Executive
Legislative
Judicial
Congress would be bicameral
House : representation based on a states population
Senate: each state would have 2 members
3/5 Compromise:
Compromise would count 5 slaves as 3 free people for both taxing and representation but at a reduced number.

10. Federalist vs. Anti-federalists:
Federalist View:
Called for a stronger federal government
Believed that the Constitution properly protected the rights of the people.
Anti-federalist View:
Feared an overly powerful federal government that would not protect the rights of the people
Did not want states to ratify the Constitution until a Bill of Rights was added.

11. Checks and Balances Checks and Balances:
Each branch of government can be restrained (checked) by either of the other branches
This protects liberty and the separation of powers
The power to check the other branches is clearly defined by the Constitution

12. Changing the Constitution
Formal Amendment:
Changing the actual wording of the Constitution
Informal Amendment:
Changing the meaning, interpretation, or application of the Constitution without changing the wording
Executive (Presidential) Actions:
Presidents have attempted to push the limits of their authority by taking advantage of “grey areas” of the Constitution.
Legislation:
Congress passes laws that have the power of the government to back them

13. How the Constitution Can Be Amended
Comprehensive: Figure 2.5, p.50; Brief: Figure 2.4, p.51 13

14. Judicial Review Judicial Review:
The power to interpret the constitutionality of a law or governmental action
The Supreme Court has the authority to determine whether or not a government actions conforms or goes against the Constitution
If a law or action goes against the Constitution it is declared unconstitutional and the law is removed

15. Federalism: The Division of Power
Power is divided between the states and the federal government
Concurrent Power:
Powers shared by both the Federal and State government
Levy and collect taxes
Borrow money
Establish courts
Define crimes and set punishments

16. Federalism: The Division of Power
Federal Powers as Defined by the Constitution
Expressed (Enumerated) Powers:
Powers that are specifically given to the Federal Government
These powers are clearly defined by the Constitution
Implied Powers:
Powers not specifically stated in the Constitution but it is reasonable to assume that the Federal Government should have such authority
Sometimes referred to as “The Necessary and Proper Clause”

17. Federalism: The Division of Power
State Powers as Defined by the Constitution
Reserved Powers
Powers that are specifically granted to the states (state government)
Allows the state to regulate matters within its borders in areas that do not contradict the powers of the Federal Government
The 10th Amendment further guarantees such protections
Powers Denied to the States
States cannot take actions that specifically granted to the Federal Government such as enter into treaties or coin their own money

18. Key Clauses Found in the Constitution
Elastic Clause:
Allows the Federal Government to carry out their enumerated powers
The Commerce Clause:
Allows the Federal Government to conduct trade and regulate the economy
Supremacy Clause:
In areas where Federal policies and State policies come into conflict, the Federal policy will supersede the state policy
Full Faith and Credit Clause:
Legal (civil) rulings from one state, must be honored by all others this also applies to things such as marriage and divorce

19. Federalism: The Division of Power
Extradition:
The Federal Government requires state governments to turn over fugitives so that they may be tried for the crimes committed in another state
This prevents people from fleeing one state to escape penalty for crimes committed in another state
Privileges and Immunities Clause:
State governments must grant the same rights and privileges to visitors as it would to its own residents