The Constitution
System of Government, Fundamental & Supreme
Law
“We the People . . . .”
fundamental law
contract among the people
can be changed only by amendment
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”
“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
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
Federalists vs. Anti-Federalists 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
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
Principles of the Constitution Enlightenment/Classical Greco-
Roman influences
balanced government: all classes/interests represented
limited government
federalism
Principles of the Constitution 2 Three Departments Legislative Executive Judiciary
Separation of Powers
Checks & Balances
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
Executive Branch (Article II)President, heads of departments, federal
officials
“preserve, protect, and defend the Constitution”
enforce lawsveto lawsnegotiate treatiesnational defenseappoint officials (Supreme Court justices)
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)
Law-Making Process
Congress
committees separate bills each house one combined version simple majority both houses to
pass
Law-Making Process 2
President
sign: bill becomes law veto: bill goes back to Congress pocket veto: bill dead
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
The Bill of Rights
1st ten amendments personal freedoms & rights
justice & legal protections
powers not given to government remain with people & states
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