Mrs. SchulewitchAmerican Government

– Two opposing groups formed on the adoption of the

Constitution

Federalists – supported adoption of the Constitution

– Stressed the weaknesses of the Articles; new government is

necessary!

Anti-Federalists – opposed adoption of the Constitution

– Argued that the federal government would be too powerful

and that the document lacked a bill of rights!

▪ By June of 1788, nine states had voted to ratify

the Constitution

▪ Neither New York or Virginia were included in the

nine

▪ Both states were wealthy, had large populations

and occupied a key geographical region

▪ Federalists realized without these two states, the

nation would split in two

▪ To get anti-Federalist support, the

Federalists struck a deal

▪ When the first Congress was held,

Federalists would support adding a

Bill of Rights to the Constitution

▪ Virginia ratified on June 26, 1788

and New York followed a month

later

Mrs. Schulewitch

American Government

The Preamble

The Articles (Total of Seven)

The Amendments (Total of Twenty-Seven)

Section 1: Legislative Power; Congress

Section 2: House of Representatives

Section 3: Senate

Section 4: Elections and Meetings

Section 5: Legislative Proceedings

Section 6: Compensation, Immunities, &

Disabilities of Members

Section 7: Revenue Bills, President’s Veto

Section 8: Powers of Congress

Section 9: Powers Denied to Congress

Section 10: Powers Denied to the States

Section 1: President

and Vice President

Section 2: President’s

Powers and Duties

Section 3: President’s

Powers and Duties

Section 4:

Impeachment

Section 1: Courts, Terms of

Office

Section 2: Jurisdiction

Section 3: Treason

Section 1: Full Faith & Credit

Section 2: Privileges &

Immunities of Citizens

Section 3: New States;

Territories

Section 4: Protection Afforded

to States by the National

Government

Section 1: Validity of Debts

Section 2: Supremacy of

National Law

Section 3: Oaths of Office

Important Constitutional

ClausesMrs. Schulewitch

American Government

Supremacy Clause Article VI of the Constitution

This Constitution and the laws of the United States, which

shall be made in pursuance thereof, and all treaties made,

or which shall be made, under the authority of the United

States, shall be the supreme law of the land…”

What it means:

The Constitution, Federal Laws, and National

Treaties > State laws

Example

Marijuana Laws

Presidential Tax Return Law (California)

Privileges and Immunities Clause

Article IV of the Constitution

The citizens of each state shall be

entitled to all the privileges and

immunities of citizens in the several

states

What it means:

Prohibits states from discriminating against citizens of other states without justification

Examples:

Alaska limiting oil pipeline jobs to state

residents

Denying nonresidents admission to the

bar to practice law

Article I of the Constitution

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States…

What it means:

Gives Congress the flexibility to carry out its other enumerated powers

Source of “Implied Powers”

Examples:

Creating a national bank

Criminal laws

Necessary and Proper Clause

Full Faith and Credit Clause Article IV of the Constitution

Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other state…

What it means:

Requires states to respect one another’s civil laws, records, and court rulings (with some exceptions)

Examples

Marriage

Drivers Licenses

Adoptions

Commerce Clause Article I of the Constitution

To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes

What it means:

Greatest source of federal power; regulate commerce and create a national economy

Examples:

Pass laws on social welfare

Steamboat navigation monopoly

New Deal economic programs

Affordable Care Act

MAKING AN AMENDMENT: THE FORMAL

PROCESSMrs. Schulewitch

American Government

Making an Amendment■ Amendment is proposed

– Proposed by Congress by 2/3 vote in both houses

– Proposed at national convention called by Congress when requested by 2/3 (34) of the State legislatures

■ Amendment is Ratified

– Ratified by the State legislatures of ¾ (38) of the states

– Ratified by conventions held in ¾ (38) of the States

Constitutional change by means other than formal amendment can be done in five ways

1) The passage of basic legislation by Congress

• Presidential departments & agencies

2) Actions taken by the president

• Executive agreements

3) Key decisions by the Supreme Court

• Interpretation of the Constitution

4) The activities of political parties

• Nomination of candidates

5) Custom

• Unwritten custom; the presidents cabinet, senatorial courtesy

SIX PRINCIPLES OF GOVERNMENT

Mrs. Schulewitch

American Government

#1: POPULAR SOVEREIGNTY

• All political power resides with the

people

• The People have the Power!

• Think back to the Declaration of

Independence (Government can

only govern with the consent of

the governed!)

#2: LIMITED GOVERNMENT

• No government should be all

powerful; it should only be able to

do what the people have given it

the power to do!

• Our Constitution limits the power of

government!

• Even the government must obey

the law!

#3: SEPARATION OF POWERS

• The Constitution separates the

powers between the three

branches (Legislative, Executive

and Judicial) so that no one

branch can become too powerful

and/or corrupt

#4: CHECK AND

BALANCES

• The national government is

organized into three separate

branches and each branch has

been given the power to “check”

the power of the other branches in

certain ways to be certain that

each branch does not act

beyond its authority!

#5: JUDICIAL REVIEW

• The power of the courts to

determine whether what

government does is in

accordance with the Constitution.

#6: FEDERALISM

• The Constitution divides power

between the National

Government and the state

governments.

• Another division of powers to

protect against an all powerful

national government!

We have a Constitution….now we must get it approved!

Approving the Constitution

◦ It is important to note that not all

people, including many of those

involved in the Philadelphia

Convention, approved of the new

constitution

◦ Once written, the battle over

whether or not to ratify the

document began creating two

groups:

◦ The federalists fought for ratification

◦ The anti-Federalists fought against

ratification

Ratifying the Constitution

◦ In order for the new Constitution to take affect, nine of the thirteen states (a super majority) had to approve

◦ The Constitution was to be presented to special “ratifying” conventions in each state

◦ They wanted the document to be approved by the voters and therefore stayed away from the existing state legislatures for approval

◦ Delegates at the “ratifying” conventions would be elected by popular vote in each state and would be responsible for debating and approving the Constitution

◦ Goes back to Locke’s idea that the “people should consent to their government!”

The Battle Begins

◦ Concerns over the new document arose in New York, Virginia, Massachusetts and Pennsylvania

◦ Without the approval of these states, the Constitution would not be ratified

◦ Both sides of the issue begin writing a series of papers, the “anti-Federalist Essays” and the “Federalist Papers” to sway the public to their side

◦ Most of the writers used “pseudonyms” so that their letters would be read on their merits rather than on the reputations of the writers

The Anti-Federalists

◦ The anti-Federalists Objections to the document included…

◦ Republicanism (representative government) could only work in small communities with similar background and common interests

◦ A large, diverse nation cannot sustain a republic!

◦ When a government operates at a distance from the people, such a government will resort to force rather than popular consent to maintain authority

◦ Congress is too powerful

◦ Necessary and Proper Clause (Elastic Clause)

◦ President has unlimited authority to grant pardons

◦ Encourage people to commit crimes and then forgive them

◦ Judicial Branch has too much power and can destroy the state court systems

◦ Treaties made by the President and the Senate

◦ Supreme Law of the Land

◦ No consent from the House (elected by the people)

◦ No guarantees of individual liberties

The Federalists

◦ The Federalists argued…

◦ The separation of powers built into

the Constitution is the best way to

promote republicanism

◦ Rights and welfare of all are protected within the system!

◦ The House of Representatives is

elected by the people and will

protect local interests

◦ The constitution says nothing about

the national government having

authority over individuals; a Bill of

Rights would imply that the national

government had powers that the

Constitution did not give it