THE U. S. CONSTITUTION

Zhuravlev Alexander MSLU 2009

What is the US Constitution?

The supreme law of the United States.

It is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States.

It provides the framework for the organization of the United States Government.

Basic information• The United States Constitution was created

on September 17, 1787. “Constitutional Convention”

• It was ratified June 21, 1788

• The United States Constitution was written in the Philadelphia State House. Now the building is called “The Independence Hall”

• There were 55 Delegates who drafted the United States Constitution

• The Constitution, which is over 200 years old, can be seen in Washington, D.C.

Reasons: The federal government was extremely weak and this created many problems such as:

1. No separation of powers – only unicameral legislature.

2. Weak central government – states had most power.

3. Congress did not have the power to tax – this means they could not get their finances in order.

4. Congress did not have the power to regulate commerce which caused competition between states. It also caused diplomatic issues when states refused to pay for goods their received from other nations.

5. An uprising of farmers in Massachusetts – led by Daniel Shays.

The Articles of Confederation and Perpetual Union

The Articles of Confederation and Perpetual Union was actually the first constitution of the United States of America

In September 1786, commissioners from five states met in the Annapolis to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government, but instead of amending the existing Articles, the Convention decided to propose a rewritten Constitution.

Current knowledge of the drafting and construction of the United States Constitution comes primarily from the diaries left by James Madison, who kept a complete record of the proceedings at the Constitutional Convention

Outcomes of the Constitutional

Convention• Virginia Plan (James

Madison, considered to be "The Father of the Constitution“)– Separation of powers– Bicameral legislature

based on population– Federal government had

increased powers

• New Jersey Plan (William Paterson)– Unicameral legislature

where every state received equal representation.

• Great Compromise (Roger Sherman, Connecticut)– Hybrid of VA and NJ

Plans:• Bicameral legislature:– House of Reps

based on population

– Senate based upon equal representation

The basic principles of the Constitution.

Popular Sovereignty

– Government power resides in the people

Limited government

– Government is not all powerful, can only do what the people let it.

– The government must obey the law. This is the principle called constitutionalism.

Separation of Powers

– Helps prevent one branch from becoming too powerful

– Checks and Balances

Federalism

– Division of power among national and state governments

The general scheme

Checks and Balances

Structure of the Constitution

• Preamble:– Statement of purpose

• Articles:– I: Legislative Branch– II: Executive Branch– III: Judicial Branch– IV: Relations Among the

States– V: Amendment Process– VI: Federal Power– VII: Ratification

• Amendments:– 27 Total– 1st ten are the Bill of Rights

The Preamble of the Constitution.

Article I: Legislative Branch

Bicameral:

1.Senate

Two senators for each state

(serve for 2 year terms)

2.House of Representatives

Based on population

(serve for 6 year terms)

Important Powers:• Make laws • Set taxes• Declare war• Override Vetoes• Borrow money• Regulate

international and national trade

• Print money

Article II: Executive Branch

President and Vice President are elected to 4 year terms

Qualifications:• At least 35 years old• 14 year resident of

the US

Important powers:• Commander-in-Chief• Grant pardons• Make treaties• Appoint federal

officers• Ensure laws are

executed

Article III: Judicial Branch

• Supreme Court judges serve for life unless impeached.

• Judicial power rests with US Supreme Court and other courts created by Congress

Important Powers:• Decides cases of

Constitutional law and federal law

• Cases involving ambassadors go straight to Supreme Court

Article IV: States' powers and limits

Article Four describes the relationship between the states and the federal government and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states”.

Article V: Amendments– Amendments are

proposed when 2/3 of House and Senate deem it necessary

– Amendments are proposed when 2/3 of states deem it necessary

– Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of states

Article VI: Federal Power– Supremacy Clause:

Federal law is supreme to state law

– No religious tests for public office

Formal Amendment Process

Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.

Amendments to the Constitution

Collectively, the first ten amendments are known as the Bill of Rights. They set out many of the basic freedoms.

The US constitution was modeled after

• Commentaries on the Laws of England by William Blackstone. This book gave rights and wrongs of people in a society. Was about the common law of England.

• The Spirit of the Laws by Baron de Montesquieu. This book talked about separation of powers and constitutionalism.

• Social Contract by Jean Jacques Rousseau. This talked about the more efficient way to set up political community. Government should be of the people.

• Two Treatises of Government by John Locke. It covers the idea that every man is created equal under God.

The law is the set of rules that we live by.

The Constitution is the highest law. It belongs to the United States.

It belongs to all Americans.

Thank you for attention!

Zhuravlev Alexander #326

MSLU 2009