# data[].attributes.body
The need for the Constitution grew out of problems with the Articles of Confederation, which established a “firm league of friendship” between the States, and vested most power in a Congress of the Confederation.

Different aspects of the U.S. Constitution, as well as the debate between the Federalist No. 10 and Brutus No. 1, reflect the tension between the broad participatory model and the more filtered participation of the pluralist and elite models.

# data[].attributes.headline
Historical Influences on the U.S. Constitution

# data[].attributes.subject
Historical Influences on the U.S. Constitution

# data[].attributes.body
The Enlightenment brought new ideas about Government. John Locke believed that the Government should protect human rights and chose reason over faith.

Athens - Democracy: a political system in which the supreme power lies in a body of citizens who can elect people to represent them

Ancient Rome

Roman Republic & Senate

Republic→ A state in which supreme power is held by the people and their elected representatives

# data[].attributes.body
The authors of the Constitution wanted a government stronger than the Articles of Confederation

But not too powerful it would lead to a king or dictator

They included many limits on the power of the government

The power to rule comes from the consent of the governed people

Separation of Powers

In the Federal government, there are….

Three branches of government

Legislative→ Makes laws

Executive→ Enforces laws

Judicial→ Interprets laws

# data[].attributes.body
Division and sharing of power between the Federal and State governments.

The Federal government is supreme to the states

Delegated Powers→ Powers given to the Federal government

Reserved Powers→ Powers given (reserved) to the States

Concurrent Powers→ Powers shared by the Federal government and the states

# data[].attributes.body
The separation of Power and Checks and balances are the Legislative branch, Judicial branch, and the Executive branch.

Each branch of government can limit the others to ensure that no part of the government becomes too powerful

Influenced by Montesquieu

# data[].attributes.headline
The Constitutional Convention, Philadelphia, 1787

# data[].attributes.subject
The Constitutional Convention, Philadelphia, 1787

# data[].attributes.body
Delegates met to discuss rewriting the Articles of Confederation

Decided to write a new Constitution instead

But, different states have different opinions on many issues

They need to compromise on major issues

The Great Compromise was that the Federal government could regulate interstate and foreign trade

The states can regulate intrastate trade

Three-Fifths Compromise

Slaves will count as 3/5 a person for representation and taxation

Benefits the South as they gain more members in the House of Representatives and the Electoral College

The Slave Trade

The Slave Trade would be banned 20 years after the Constitution went into effect (1808)

# data[].attributes.body
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Excerpt from Article I, Section 8 of the US Constitution

Some people are against the use of the Elastic Clause because it gives Congress a series of powers to allow it to pass legislation. However, these powers are not clearly stated. Without the Elastic Clause, Congress would have been severely limited in carrying out its functions to only those explicitly listed in the Constitution. Even with these Expressed Powers, it could have been unable to perform these without the Elastic Clause.

# data[].attributes.body
The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed.

The Solution: The Electoral College

Each state’s electoral vote is determined by their population

Need a majority of electoral votes to be elected (270)

Criticism of the Electoral College→ Winner of the popular vote can lose the election

# data[].attributes.body
Article I creates the two houses of Congress

Article I also describes the powers of Congress:

Expressed Powers

Implied Powers

Elastic Clause

Impeachment

# data[].attributes.body
Every two years, representatives are elected by the people, and their representation is contingent upon the population. ​All revenue bills, including taxes, must originate in the House of Representatives. To qualify for a seat in the House, one must be 25 years old and a U.S. citizen for at least 7 years. Additionally, a census is conducted every 10 years to determine the population, and as a result, a state may gain or lose members in the House.

# data[].attributes.body
legislatures (until 1913→16th amendment made the Senate elected by the people) Elected every 6 years by state legislatures (until 1913→16th amendment made Senate elected by the people)

2 Senators per state (100 total today)

The Senate has to approve many presidential actions

Treaties

Cabinet Officials

Supreme Court Nominees

"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branches of the State legislatures.

# data[].attributes.body
The power of Congress to pass any law that helps them carry out the expressed powers

Also known as the Necessary and Proper Clause

Elastic Clause

Example: Creating a national bank in 1791; Louisiana Purchase in 1803

impeachment

The process of removing certain elected officials (President, Judges) from office

The House of Representatives needs a majority vote to impeach

The Senate holds a trial (2/3 need to convict & remove from office)

The impeachment process illustrates the fundamental principle of checks and balances in the U.S. governmental system. It reflects the interplay between the different branches, ensuring a mechanism for accountability and the prevention of potential abuse of power.

# data[].attributes.body
Article III creates the Judicial Branch

The Supreme Court is the highest court in the U.S.

The Supreme Court’s main job: Judicial Review

Judicial Review established in 1803 with the case Marbury v. Madison

Qualifications for the Supreme Court:

No age limit or citizenship requirement

Serve for life

# data[].attributes.body
To Qualify to be President:

35 years old

A natural-born citizen of the United States

Reside in the US for at least 14 years

The President serves a 4 yr term

Since 1951, the President can only serve 2 terms (22nd amendment)

The President is the head of the executive branch

Elected by the Electoral College

Some roles of the President:

Chief Executive

Commander in Chief

Head of State

# data[].attributes.body
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. The states' relations with each other, sometimes called “horizontal federalism.” Its first section, the Full Faith and Credit Clause, requires every state, as part of a single nation, to give a certain measure of respect to every other state's laws and institutions.

# data[].attributes.body
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments.

To propose amendments, two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of the state legislatures can ask Congress to call a national convention to propose amendments.

# data[].attributes.body
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

The new central government is responsible for working with other countries, including trade agreements and declaring war. States were required to have trained soldiers who could be ready to fight.

# data[].attributes.attachment_caption
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. Article VII stipulated that nine states had to ratify the Constitution for it to go into effect. Beyond the legal requirements for ratification, the state conventions fulfilled other purposes. The Constitution had been produced in strictest secrecy during the Philadelphia convention. This article details all those people who signed the Constitution, representing the original 13 states.