The Constitution and US Government
1. Foundations of US Government
Enlightenment philosophers:
John Locke: Influenced the Declaration of Independence (Life, Liberty, Property)
Baron de Montesquieu: Model for 3 branches of government that balance each other out to prevent
any from becoming too powerful (legislative, executive, judicial).
Declaration of Independence: Written by Thomas Jefferson, used ideas of John Locke, declared colonies
freedom from Great Britain, it was a break-up letter/Dear John letter.
Weaknesses of the Articles Confederation: Did not provide for a strong central/federal government.
Shay’s Rebellion: Farmers revolt that could not be put down by local militia. Realized that a strong
national army was needed. Realization that the Articles were to weak.
Philadelphia Constitutional Convention: To re-write the Articles of Confederation to the US
Constitution.
VA vs. NJ Plan: VA - wants gov’t based on population NJ – 1 house equal representation
Great Compromise: 2 houses (HOR – population/ Senate – 2 per state)
3/5 Compromise: 3/5 of the black population would be counted for representation.
*All settlements over which branch make-up?___________________________
Federalist Papers: Articles written to support and ratify the constitution (Madison, Hamilton, Jay).
Federalist: Believed in a strong central government.
Anti-Federalist: Believed in weak central government with most of the power held by the states.
2. US Constitution
Separation of Powers: No one branch of the federal government has all the power.
Article 1: Legislative Branch (job to make laws)
Congress is bicameral (House and the Senate)
House terms 2 years
Senate terms 6 years
Powers: declare war, appropriate money, pass laws, coin money, and regulate trade
Checks and balances:
On the President: override presidential veto, reject treaties and presidential appointments, impeach and
remove president.
On Judicial Branch: propose amendments to overturn court decisions, create lower courts, impeach
and remove, reject appointments.
Article 2: Executive Branch (job to enforce/carry out laws)
Term length 4 years / Term limit 2 terms – Why? FDR
President’s roles: Chief Executive, Chief Diplomat, Commander-in-Chief,
and Chief Legislator
Electoral College: House + Senate + 3 (DC) = Electoral College
Criticisms of: Could win the popular vote but still lose the election.
Checks and balances:
On Congress: Veto laws, make treaties and foreign policy, appoint federal officials, propose laws.
On Judicial Branch: Grant pardons, appoint judges.
Article 3: Judicial Branch (job to interpret/explain laws)
Federal Courts up to the Supreme Court:
Sup. Ct. Term length: life Why? So they can’t be influenced
Original Jurisdiction: Federal
Appellate Jurisdiction: State
Checks & Balances- JUDICIAL REVIEW: The power to declare laws ‘unconstitutional’. Part of the
‘unwritten constitution’. Established in Marbury v. Madison (1803 – Chief Justice John Marshall.)
Federalism: The division of powers between the state and federal government.
Delegated Powers: Federal government – maintain armed forces, declaring war, coin money etc.
Reserved Powers: State governments – create/control schools, marriage/divorce laws, create local gov’t.
Concurrent Powers: Shared by both – raising taxes, create courts, borrow money, provide public safety
Implied Powers: Certain powers of the federal gov’t are not stated in writing (Elastic Clause i.e. child labor)
Flexibility of the Constitution:
“A Living Document”: It can be changed and amended.
Elastic Clause (necessary & proper): Congress can make all laws ‘necessary and proper for carrying
out the tasks listed in the Constitution.
Amendment Process: The Constitution may be formally changed with approval of both Congress and
the states.
Bill of Rights (1st ten Amendments or additions)
1st Freedom of religion, speech, and press, the right to assembly peacefully, to petition the government.
2nd To bear arms
3rd No quartering of troops
4th Protect people from unreasonable search and seizure
5th Cannot be deprived of life, liberty and happiness without Due Process of law.
6th Right to a fair and speedy trial
7th Trial by jury in civil suits
th
8 Prohibits excessive bail, fines, and punishments.
9th Powers reserved to the people
10th Powers reserved to the states
Other important Amendments added throughout US History:
13th Abolition of Slavery
14th Rights of Citizens/Equal protection under the law
th
15 Right to vote – Race/Servitude
16th Income Tax
17th Direct elections of senators
18th Prohibition of alcoholic beverages
th
19 Voting rights for women
21th Repeals the 18th Amendment (Prohibition)
22nd President limited to 2 terms
25th Presidential disability and succession
th
26 Voting age lowered to 18
27th Changing congressional salaries
The Unwritten Constitution (Interpretation, Action, & Custom not in the Constitution)
Cabinet: Advisors to the President, appointed by the President and approved by Congress.
Two Party System: Federalist/Anti-federalists formed the Federalists / Democratic-Republicans
How did political parties originate? Differences of opinion on government would lead to the
formation of different parties.
Bureaucracy: All the different jobs and agencies within the government (FBI, CIA, DEA etc.)
Political Action Committees (PACS):_______________________________________
Lobby Groups: People who represent special interest groups who act to influence legislation and elect
people who support their lobby groups views.
Loose vs. Strict Interpretation: Strict constructionists favor a narrow interpretation of the
Constitution, holding that government can do only what the documents specifically says. Loose
constructionists favor a freer reading of the Constitution that fives government more room to act.
Constitutional Principles:
* How do these allow the government to adapt to changes?
* Describe a specific historical circumstances for each…
Amendment process
Judicial Review
Elastic Clause
Equality
Presidential Powers in foreign affairs
Civil Liberties
Presidential Powers during wartime