1. System of Government, Fundamental & Supreme Law
The Constitution
System of Government, Fundamental & Supreme Law

2. “We the People . . . .” fundamental law contract among the people
can be changed only
by amendment

3. Constitutional Convention
May 25-September 17, 1787
Philadelphia’s Independence Hall
James Madison: “Father of the Constitution”
Washington presided (symbol of unity)
“Virginia Plan”
“New Jersey Plan”

4. “Themes” of the Convention
Liberty vs. Order (Shays’s Rebellion)
minority rights
tyranny of the majority
representation
executive power
strong central government vs. states’ rights
small vs. large states

5. Compromises Great Compromise: representation
small states: equal
large states: based upon population
Deal: Senate equal (2/per state), House by population
3/5s Compromise: how should slaves be counted for representation & taxation?
North: just for taxation
South: just for representation
Deal: “others” counted as 3/5 of a person

6. Federalists vs. Anti-Federalists
“Federalist Papers” (Hamilton, Madison, Jay)
promised Antis bill of rights
Jefferson & Adams in Europe
Antis (Patrick Henry)
lack of bill of rights
no alternative plan

7. Ratification power of the people
special reps elected to constitutional conventions in states
need ¾ of states (9/13)
country split about 50/50
greater political & organizational abilities of Federalists
Antis had no alternative plan
Delaware 1st to ratify
Constitution ratified June 21, 1788

8. Principles of the Constitution
Enlightenment/Classical Greco-Roman influences
balanced government: all classes/interests represented
limited government
federalism

9. Principles of the Constitution 2
Three Departments
Legislative
Executive
Judiciary
Separation of Powers
Checks & Balances

10. Legislative Branch (Article I)
Congress: Senate & House of Representatives
make laws
“power of the purse”
taxation (House)
approve budget
regulate interstate commerce
coin money & set value
approve appointments & treaties (Senate)
declare war

11. Executive Branch (Article II)
President, heads of departments, federal officials
“preserve, protect, and defend the Constitution”
enforce laws
veto laws
negotiate treaties
national defense
appoint officials (Supreme Court justices)

12. Judicial Branch (Article III)
Supreme Court
federal courts
9 justices, including 1 Chief Justice
appointed by President
approved by Senate
judicial independence
“judicial review”
constitutionality of laws
Marbury v. Madison (1803)

13. Law-Making Process Congress committees separate bills each house
one combined version
simple majority both houses to pass

14. Law-Making Process 2 President sign: bill becomes law
veto: bill goes back to Congress
pocket veto: bill dead

15. Law-Making Process 3 Congress (in the event of a veto by President)
must re-pass both houses
2/3 majority each house
if 2/3, bill becomes law
if not, dead or back to committee

16. The Bill of Rights 1st ten amendments personal freedoms & rights
justice & legal protections
powers not given to government remain with people & states

17. Amendment Process changes can be made only by the people
Constitution amended only 27 times
1) amendment can be proposed by:
2/3 majority vote of Congress
constitutional convention called by 2/3 of state legislatures (never happened)
2) Archivist of US submits to governors of states
governors give to state legislatures for vote
3) ¾ states (38/50) must ratify to make part of the Constitution