Constitution Class Notes PDF

[Articles of Confederation] - document that governed colonies during (and, briefly, after) the Revolution - [Confederation] -- a loose union of countries or states; an alliance. - America's first federal Constitution - [Federal]- national - [Constitution]- document tha...

[Articles of Confederation] - document that governed colonies during (and, briefly, after) the Revolution - [Confederation] -- a loose union of countries or states; an alliance. - America's first federal Constitution - [Federal]- national - [Constitution]- document that tells how government works. It's the supreme law of the land. [Problems with the Articles of Confederation] (their notes) - Each state one vote - States can make treaties, declare war - Federal government can't raise an army - Need 2/3 to pass laws - No president or Supreme Court - States could coin money (different currencies, inflation) - [Shays' Rebellion] - Massachusetts farmers assembled a militia, rebelled over high taxes - Congress was powerless. Realized we needed a stronger federal government. Led to the Constitution replacing the Articles. +-----------------------------------+-----------------------------------+ | **Constitutional Compromises** | | +===================================+===================================+ | **Issue** | **Compromise** | +-----------------------------------+-----------------------------------+ | - - one house: based on the | - - - | | state's population. They pick | | | members of the other, smaller | | | house. | | +-----------------------------------+-----------------------------------+ | - **[Direct:] most | - - \# of electors per state | | votes = President** | based on population (same \# | | | as in House) | | - **[States choose] | | | (didn't trust common | - | | voters)** | | | | | | | | | | - - - | +-----------------------------------+-----------------------------------+ | - Northern states did not want | **[3/5 Compromise]** | | to count slaves as people -- | | | South would have more | - every 5 slaves counted as 3 | | representatives in the South | people in the census. | | | | | - Southern states wanted to | | | count slaves as people. | | +-----------------------------------+-----------------------------------+ | **Slavery** | - in 1808: end the slave trade | | | with Africa | | - **North wants to end it** | | | | - Runaways have to be returned | | - **South doesn't** | to enslavers. | +-----------------------------------+-----------------------------------+ - tells purpose/goals of government - starts with "We the People" [Three Branches of Government]\ -have a **separation of powers**:\ -government divided into **three branches**\ -each branch has different roles so no one person or branch **gets too much power**. We have a system of **[checks and balances]**, part of the separation of powers:\ each branch can check, or block, the action of the other branches so that no one gets too powerful (all are in balance.) Legislative branch: [Congress]. House of Representatives and [Senate]. Executive Branch: [President, Vice President, Cabinet, Army, police] -different groups write (legislative), approve (executive), and judge (judicial) laws.\ [Judicial branch]: a court system headed by the Supreme Court (itself headed by the Chief Justice) **[popular vote]**: total \# of votes someone gets **[electoral college]:** each [state] gets a number of votes for President based on its [population]. Ex: California gets 55, Alaska gets 3. The person with the most electoral votes gets elected President even if he/she doesn't win the popular vote. **[Vice president's responsibilities]:**\ 1. Take over if President dies 2\. Break a tie vote in the Senate **[Speaker of the House]:\ **1. is in charge of [\_the House of Representatives]\ 2. becomes President if the President and Vice President [die] **[Senate Majority Leader]:** - is in charge of the [Senate] [Impeachment] is when Congress decides there is enough evidence to put a President (or Supreme Court justice) on trial. [Removal] means to force a President (or Supreme Court justice) to leave their job. Checks and balances with arrows +-----------------+-----------------+-----------------+-----------------+ | **Name, | **Executive** | **Legislative** | **Judicial** | | Purpose** | | | | | | enforces laws | **makes laws** | interprets | | | | | laws, decides | | | | **[Congress]{.u | if they're | | | | nderline}: | Constitutional | | | | House of | | | | | Representatives | | | | | and Senate** | | +=================+=================+=================+=================+ | **What Is It?** | - President | [House of | - | | | | Reps]{.underlin | | | | - Cabinet | e}: | | | | (Secretary | | | | | of State, | - two-year | | | | Homeland | term | | | | Security, | | | | | etc.) | - how many | | | | | each state | | | | | gets based | | | | | on | | | | | population | | | | | | | | | | [Senate]{.under | | | | | line}: | | | | | | | | | | - - - | | +-----------------+-----------------+-----------------+-----------------+ | **Requirements* | - Four-year | - - - | - appointed | | * | term, can | | (picked) by | | | be elected | | the | | | twice | | President | | | | | | | | - Natural-bor | | - serve a | | | n | | life term | | | citizen | | | | | | | - are 9 | | | - Age 35 | | justices, | | | | | including | | | | | Chief | | | | | Justice | +-----------------+-----------------+-----------------+-----------------+ | **Powers** | - Commander-i | - raise money | [Its | | | n-Chief | through | Powers]{.underl | | | of all | taxes | ine}: | | | armed | | | | | forces | - declare war | - reviews | | | (military) | | cases of | | | | - make laws | lower | | | - Appoints | | courts---fi | | | (picks) | - raise an | nal | | | Supreme | army | court of | | | Court, | | appeal | | | Cabinet | - impeach and | (highest | | | | remove the | you can go) | | | - can pardon | President | | | | (free | or Supreme | - settles | | | someone | Court for | arguments | | | from prison | wrongdoing | between | | | before his | | states | | | time is up) | - approves | | | | | Presidentia | - can declare | | | - can veto | l | laws or | | | laws | appointment | presidentia | | | Congress | s | l | | | passes | (Supreme | actions | | | | Court, | unconstitut | | | | cabinet, | ional | | | | etc.) with | | | | | majority | | | | | vote | | | | | | | | | | - Can | | | | | override | | | | | Presidentia | | | | | l | | | | | vetoes | | | | | (with 2/3 | | | | | of both | | | | | houses) | | | | | | | | | | - "power of | | | | | the purse": | | | | | controls | | | | | budget (how | | | | | \$ is | | | | | spent) | | +-----------------+-----------------+-----------------+-----------------+ [Necessary and proper clause] ([elastic clause]) - knew Constitution wouldn't apply to every problem - so: this clause gives Congress the power to "make all Laws which shall be necessary and proper" for the nation - so: Congress can pass laws not in the Constitution (flexible) [bill]:\ suggestion for a law\ How a bill becomes a law is an example of checks and balances\  [amendment]:\ change to the Constitution.\ needs ¾ of states to approve it. [ratify] -- To approve or accept [Federalists]: wanted a strong national (federal) government (Hamilton, Madison, and John Jay wrote "The Federalist Papers" to convince people).\ \ [Anti-Federalists]: wanted states and the people to have more power **Federalists** **Anti-Federalists** -------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------- Alexander Hamilton, Ben Franklin, John Adams, John Jay, James Madison, George Washington Thomas Jefferson, Patrick Henry Pro-business Pro-farming Wanted a national bank Opposed a national bank Appeal to the elite (wealthy, powerful) Appeal to the average Joe Wanted to raise voter qualifications (fewer people could vote) Wanted to lower voter qualifications (easier to vote) Supported England Supported France Strong federal government, people are selfish, would abuse power, wanted a broad interpretation of the Constitution Weak national government, noble savage, thought not enough individual liberty in Constitution & gave government too much power, wanted a narrow interpretation Madison, Hamilton & Jay wrote [The Federalist Papers] to convince people to support the Constitution when realized would lose, gave up fighting the Constitution, supported the Bill of Rights. (One reason why Constitution works is because Feds listened to anti-Feds). This is why we have the Bill of Rights. Became Federalist party (modern-day Democrats) Became Democratic-Republican party (modern-day Republicans) Thought Bill of Rights unnecessary Supported Bill of Rights Advantages: Star power, wealth, have a plan, organized, frontier people want stronger govt to protect from natives, seen as for something, not against **Federal Powers** **State Powers** **Both** Interstate & foreign trade Intrastate commerce Taxation Foreign relations Local governments Pass laws Declare war Public health Borrowing Coin money Voter qualification Courts Immigration Supervise elections Law enforcement; punish lawbreakers Postal Education Banks License jobs roads Marriage laws **Amendment** **What it Says** --------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- **1** Freedom of religion, speech, the press, right to assemble **2** Right to bear arms **3** No quartering (can't make citizens house soldiers in homes) **4** No searches and seizures (police can't search home or take property without a warrant \[signed permission from a judge\]) **5** Right to remain silent, can't be put on trial twice for same crime, government can't take private property for public use) without paying you a fair amount **6** Right to a speedy and public trial **7** Right to trial by jury **8** No cruel and unusual punishment **9** These rights don't deny other rights (this is not a complete list) **10** all other powers left to states or people