U.S. ConstitutionStructure

I. Preamble – describes the purpose of the government being created.

U.S. Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

U.S. ConstitutionStructure

I. PreambleII. Articles, Sections, Clauses

U.S. Constitution

U.S. ConstitutionStructure

I. PreambleII. Articles, Sections, Clauses

1. Legislative branch (Congress)2. Executive branch (president)3. Judicial branch (Supreme Court)4. States5. Amending6. Miscellaneous, including Supremacy Clause7. Ratification

U.S. Constitution

U.S. ConstitutionStructure

I. PreambleII. Articles, Sections, Clauses

1. Legislative branch (Congress)2. Executive branch (president)3. Judicial branch (Supreme Court)4. States5. Amending6. Miscellaneous, including Supremacy Clause7. Ratification

III. Amendments1. Bill of Rights2. Civil War Amendments3. Eighteen and Twenty-one

U.S. Constitution

Principles

I. Separation of PowersII. Checks and Balances

U.S. Constitution

U.S. Constitution

Principles

I. Separation of PowersII. Checks and BalancesIII. Federalism (Tenth Amendment)

U.S. Constitution

U.S. Constitution

Principles

I. Separation of PowersII. Checks and BalancesIII. Federalism (Tenth Amendment)IV. Limited Government

U.S. Constitution

U.S. Constitution

U.S. Constitution

U.S. Constitution

Principles

I. Separation of PowersII. Checks and BalancesIII. Federalism (Tenth Amendment)IV. Limited GovernmentV. Popular SovereigntyVI.Judicial Review

1. Marbury v. Madison

U.S. Constitution

Three Branches

I. Legislative – decides what government does1. House of Representatives

a. “voice of the people”b. directly electedc. short term of office (2 years)

2. Senatea. represent statesb. stabilityc. staggered, six-year terms

U.S. Constitution

Three Branches

I. Executive – does what the legislative branch decides1. “president” -> new concept2. designed to “check” legislative branch3. some broad, vague powers4. some specific powers

II. Judicial – clarifies what legislative decided, what the constitution means1. only Supreme Court described2. judicial review

U.S. Constitution

Thwart Tyranny of the Majority

1. Democracy a threat to property2. Place government beyond control of majority

Only House of Representatives directly elected

State legislatures elect Senate Electoral college selects president President nominates judges

3. Separation of powers – three branches4. Checks and Balances

A faction could not control entire system

U.S. Constitution

Ratification

I. Immediate division over the new constitutionII. Federalists v. Anti-federalists

U.S. Constitution

U.S. Constitution

Ratification

I. Immediate division over the new constitutionII. Federalists v. Anti-federalistsIII. Federalists

A. Federalist Papers – 85 essays defending the new constitution

B. Hamilton, Madison, John Jay

U.S. ConstitutionAmendment

I. Article V – Formal Amendment

U.S. Constitution

U.S. ConstitutionAmendment

I. Article V – Formal AmendmentA. Proposal

1. 2/3 vote in both houses2. National convention called by 2/3 states

B. RatificationA. ¾ of state legislaturesB. State conventions in ¾ of states

U.S. Constitution

U.S. ConstitutionAmendment

I. Article V – Formal AmendmentA. Proposal

1. 2/3 vote in both houses2. National convention called by 2/3 states

B. RatificationA. ¾ of state legislaturesB. State conventions in ¾ of states

C. Cannot alter Senate representation

U.S. Constitution

U.S. ConstitutionAmendment

I. Article V – Formal AmendmentA. Proposal

1. 2/3 vote in both houses2. National convention called by 2/3 states

B. RatificationA. ¾ of state legislaturesB. State conventions in ¾ of states

C. Cannot alter Senate representationD. Process emphasizes federalismE. Six proposed but unratified amendmentsF. Bill of Rights – proposed, ratified together

U.S. ConstitutionAmendment

II. Informal Amendment – changing the meaning without changing the wordsA. Judicial review

1. Marbury v. Madison2. Miranda3. Kelo4. Heller

B. LegislationA. McCain – FeingoldB. Health Care Bill

C. Practice and traditionA. Political partiesB. Two-term presidency