Purpose of the U.S. Purpose of the U.S. ConstitutionConstitution

May, 1787-September, 1787May, 1787-September, 1787

& &

TODAY!TODAY!

I—Establish LegitimacyI—Establish Legitimacy

Establish new governments right to Establish new governments right to rulerule

Had to meet the standards set forth Had to meet the standards set forth in the Declaration of Independence in the Declaration of Independence (which listed why the British government was illegitimate so (which listed why the British government was illegitimate so we needed to establish why ours is legitimate)we needed to establish why ours is legitimate)

Contract between those who Contract between those who ““rulerule”” with those who are being with those who are being ““ruledruled””

II—Create Appropriate II—Create Appropriate StructuresStructures

Committed to the principles of Committed to the principles of representative democracyrepresentative democracy

States retain some legitimacy to rule States retain some legitimacy to rule within their borderswithin their borders

To achieve this the framers created To achieve this the framers created Congress (Legislative Branch), the Congress (Legislative Branch), the presidency (Executive Branch), & the presidency (Executive Branch), & the judiciary (Judicial Branch) to share the judiciary (Judicial Branch) to share the powerpower

Created a system of division of powers Created a system of division of powers between national government and state between national government and state government = FEDERALISMgovernment = FEDERALISM

IIa—Checks and BalancesIIa—Checks and Balances Checks & Balances prevents one branch from dominating the others

Checks on the EB by the JB

•Appointments are for life and federal judges are free from presidential control;

•can declare presidential actions unconstitutional;

Checks on the LB by the EB

•Can veto bills of Congress;

•call special sessions of Congress;

•can influence public opinion;

•can propose legislation

Checks on the EB by the LB

•Congress can override veto’s by 2/3 vote;

•Congress approves funding for Presidential programs;

•Congress can impeach and remove the President or other high officials;

•Senate confirms/rejects federal appointments

Checks on the LB by the JB

•Can decide the meaning of laws;

•can declare acts of Congress unconstitutional (judicial review)

Checks on the JB by the LB

•Congress establishes the lower courts;

•Senate confirms/rejects appointments of judges;

•Congress can impeach/remove federal judges;

Checks on the JB by the EB

•Appoints federal judges;

•pardon/reprieve people convicted

of federal crimes;

III—Describe & Distribute III—Describe & Distribute PowerPower

The powers of each branch and the The powers of each branch and the states are listed in Articles 1-4states are listed in Articles 1-4

Lays outs duties and responsibilities Lays outs duties and responsibilities of each branch of governmentof each branch of government

IV—Limit Government PowersIV—Limit Government Powers

Framers enumerated functions that Framers enumerated functions that are delegated to the national are delegated to the national government and so cannot be government and so cannot be directed by the statesdirected by the states

Vice-versaVice-versa

V—Allow for ChangeV—Allow for Change

Make sure the government endured Make sure the government endured by changing with the times but did by changing with the times but did not want the system to be able to not want the system to be able to make so many changes that it would make so many changes that it would be unstablebe unstable

The ability for the Constitution to The ability for the Constitution to change has made it the oldest change has made it the oldest constitution in the worldconstitution in the world

How many times has the Constitution How many times has the Constitution been changed? What are these been changed? What are these changes called?changes called?

PreamblePreamble

We the people of the United States… We the people of the United States… (used to show that the people create and run this (used to show that the people create and run this government)government) To form a more perfect unionTo form a more perfect union Establish justiceEstablish justice Insure domestic tranquilityInsure domestic tranquility Provide for the common defenseProvide for the common defense Secure the blessings of liberty to Secure the blessings of liberty to

ourselves and our posterity ourselves and our posterity

RatificationRatification The US Constitution was ratified (of course, The US Constitution was ratified (of course,

without the Bill of Rights) in June, 1788without the Bill of Rights) in June, 1788 12 Amendments were proposed to the 12 Amendments were proposed to the

state legislature for ratification that state legislature for ratification that protected individual liberties by the federal protected individual liberties by the federal governmentgovernment

By December, 1791 10 were ratified by the By December, 1791 10 were ratified by the required ¾ of the statesrequired ¾ of the states

One of the missing two not ratified was One of the missing two not ratified was finally ratified in 1992 as the 27finally ratified in 1992 as the 27thth Amendment (Congressional pay raises)Amendment (Congressional pay raises)