The Supremacy ClauseThe Supremacy Clause

Establishes the Establishes the Constitution as the Constitution as the “supreme law of the “supreme law of the land”land”

Federal law Federal law supersedes state laws supersedes state laws when a conflict existswhen a conflict exists

Also known as the Also known as the “linchpin clause”“linchpin clause”

The “linchpin clause” guarantees federal supremacy

The Commerce ClauseThe Commerce Clause Allows the government to Allows the government to

regulate trade with regulate trade with foreign countriesforeign countries

Also interstate commerce Also interstate commerce (trade between states)(trade between states)

Used along with the Used along with the elastic clause to expand elastic clause to expand federal authority:federal authority: Interstate navigationInterstate navigation Modern civil rights lawModern civil rights lawThe landmark 1824 commerce clause

case Gibbons v. Ogden dealt with steamboats sailing from New Jersey to

New York harbor (shown here)

Implied PowersImplied Powers

Powers not written in the Powers not written in the ConstitutionConstitution

Federal government can Federal government can exercise them by assuming exercise them by assuming the delegated powersthe delegated powers

Stem from the “necessary and Stem from the “necessary and proper” (or “elastic”) clauseproper” (or “elastic”) clause

Examples include regulating Examples include regulating airlines and radio and airlines and radio and televisiontelevision

“Necessary and proper”

FederalistsFederalists In favor of ratificationIn favor of ratification Favored government Favored government

by “rich and well-by “rich and well-born”born”

Support Support concentrated in concentrated in coastal areas and coastal areas and large citieslarge cities

Leaders included Leaders included Hamilton and Hamilton and MadisonMadison

Hamilton Madison

Anti-FederalistsAnti-Federalists

Opposed ratificationOpposed ratification Tended to be middle-Tended to be middle-

class, farmers, and class, farmers, and those who favored those who favored civil liberties over a civil liberties over a strong governmentstrong government

Included Patrick Included Patrick Henry, George Henry, George Clinton, Mercy Otis Clinton, Mercy Otis WarrenWarren

Anti-Federalist leader Patrick Henry refused to attend the Philadelphia

Convention, saying he “smelt a rat”

The FederalistThe Federalist

Written by Federalists Written by Federalists Hamilton, Madison, Hamilton, Madison, and Jayand Jay

Essays explaining and Essays explaining and supporting ratificationsupporting ratification

Published first in Published first in leading newspapers, leading newspapers, later in book form later in book form

Impact on public Impact on public opinion debatableopinion debatable

The Bill of RightsThe Bill of Rights Lack of protection of civil Lack of protection of civil

liberties in Constitution liberties in Constitution hotly debatedhotly debated

Madison given task of Madison given task of writing series of writing series of amendmentsamendments

12 amendments 12 amendments proposed, 10 ratifiedproposed, 10 ratified

Amendment dealing with Amendment dealing with congressional pay raises congressional pay raises not ratified until 1992not ratified until 1992

The Bill of Rights: A SummaryThe Bill of Rights: A Summary

1. Freedom of speech, press, religion, assembly, and petition

2. Right to keep and bear arms3. Conditions for quartering of soldiers4. Regulation of search and seizure5. Provisions concerning prosecution6. Trial by jury and the rights of the accused7. Right to civil trial by jury 8. No excessive bail or punishments9. Protection of unenumerated rights10. Powers reserved to the states or the people

Adapted from Social Studies Adapted from Social Studies School Service: Writing the School Service: Writing the

ConstitutionConstitution