( 2 ) POLS 1101: Exam 1 Study Materal

Sections: Constitution and Ratification

Article I

Establishes the legislative branch of the federal government, known as Congress

Article 1 specifics:

-Make the laws

-Enumerated Powers- 17 specifically granted powers ( Sec. 8 )

-provide defense and general welfare of the US.

-Regulate interstate & foreign commerce

-Declare war

-Legislative branch

Article II

Establishes the executive branch (Administrative / Presidency ) of the federal government, headed by the President.

Article II specifics:

-Term, qualifications, & Electoral College

-Expansion of presidential power

—”Executive power” is vague

— “Vesting Clause”

-”Commander in Chief”

-With Consent of the Senate:

—Supreme Court appointments

—Treaties

-Executive Branch

Article III

Establishes the judicial branch ( the Courts / Judiciary ) of the federal government, which is responsible for interpreting the laws.

Article III Specifics:

-Interpret federal law

—Disputes between states

—State vs Federal law

-Lifetime appointments

— Nominated by President, confirmed by Senate

-Constitution does not explicitly grant the power of judicial review

Who can declare war?

The Legislative Branch ( Congress )

Who is commander in chief?

The Executive Branch ( Administrative / Presidency )

Enumerated Powers

the specific, explicit powers granted to the federal government ( primarily Congress ) by the U.S. Constitution

Implied powers

Political powers granted to the United States government that are not explicitly stated in the U.S. Constitution, but are reasonably deduced and inferred from the powers that are expressly written

What is the Necessary and Proper Clause?

The basis for implied powers

Implied powers

Those necessary to execute enumerated powers

What was the Necessary and Proper clause Re-interpreted to?

“appropriate and legitimate” by McColloch v. Maryland 1819

What was the justification for extensive legislative activity?

The Necessary and Proper clause

What is the Supremacy Clause?

National law supersedes state law

What article is the Supremacy Clause?

Article VI

What is the Full Faith and Credit Clause?

states must honor laws of other states

What is judicial review?

The power to overturn federal laws

Is judicial review in the Constitution?

No !

Where did judicial review come from?

Marbury v. Madison (1803)

What is the terms of office for members of the House?

2 years

What is the terms of office for members of the Senate?

6 years

What is the terms of office for the president?

4 years

What is the terms of office for members of the Supreme Court?

Serve for life ( until they die or retire basically )

How are members from the House elected for office?

Directly by the voters in their local congressional districts every two years.

How are members from the Senate elected for office?

Elected through a popular vote due to the 17th Amendment.

How is the President elected for office?

Elected through the Electoral College rather than by a direct national popular vote

How are members from the Supreme Court elected for office?

NOT elected; they are NOMINATED by the President of the United States and CONFIRMED by the U.S. Senate.

According to Article I, how WERE U.S Senators selected?

Senators were originally elected by state legislatures.

 Who were the Federalists?

Supported Constitution’s ratification

 Who were the Anti-Federalists?

Opposed Constitution’s ratification

What are the Federalist Papers?

85 Essays arguing for ratification, mostly directed at NY

Who wrote the Federalist Papers?

Alexander Hamilton, James Madison, & John Jay

( * ) What was the importance of Federalist 10?

Representative govt dilutes factious spirit

Direct Democracy allows factions to trample on the minority

( * ) What was the importance of Federalist 51?

• Checks & balances / separation of powers

• Each branch has separate constituency

What is the Bill of Rights?

• The First 10 Amendments that established civil liberties that government cannot take away.

• Sought by opponents of ratification as protection for individual liberties against a large federal govt

• Helped ratification in many important states ( MA, VA, NY )

When was the Constitution ratified?

1791

( * ) Amendment 1

“Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof; or abridging the freedom of speech, or

of the press; or the right of the people peaceably to assemble, and to

petition the Government for a redress of government”

( * ) Amendment 2

A well regulated Militia, being necessary to the security of a free State, the

right of the people to keep and bear Arms, shall not be infringed

( * ) Amendment 4

“The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be violated,

and no warrants shall issue, but upon probable cause, supported by Oath or

affirmation, and particularly describing the place to be searched, and the

persons or things to be seized.”

( * ) Amendment 9

“The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people”

( * ) Amendment 10

“The powers not delegated to the United States by the Constitution, nor

prohibited by it to the States, are reserved to the States respectively, or to

the people.”

What is the “States Rights” Amendment ?

10th Amendment

Stage 1 of amending the Constitution

Proposal:

• 2/3rds vote in each house, or

• National convention called for by 2/3rds of
  states (never used)

Stage 2 of amending the Constitution

Ratification

• Passed in 3/4ths of state legislatures, or

• Passed by conventions in 3/4ths of states (used once – 21st Amendment)

How many times was the Constitution amended?

27 times

How many total amendments are there?

27