FD: The U.S. Constitution

Articles of Confederation were the predecessor and sparked the Constitutional Convention where the Constriction was written

Republican government was heavily emphasized

The Structure of the USC

  1. Preamble

  2. Article I - Legislative Branch

  3. Article II - Executive Branch

  4. Article III - Judicial Branch

  5. Article IV - State Relations

  6. Article V - Amendment Process

  7. Article VI - National Supremacy

  8. Article VII - Ratification Process

  9. Bill of Rights and Amendments

How AOC Problems Were Solved

Central Government Power

Article I
  • Forms and powers of Congress
  • Legislative/lawmaking powers granted to bicameral congress   * In AOC Congress was unicameral and did not have much power
  • Section 8: enumerated powers of Congress   * Lay and collect taxes   * Borrow money   * Coin money   * Declare war   * Raise and support armies   * Maintain a navy (and more!)   * Necessary and proper clause allows Congress to make all laws deemed needed for the nation and for the powers specifically listed     * Feared because ti would give Congress unlimited lawmaking power
Article II
  • Provisions for executive branch
  • Electing the president with electoral college
  • Presidential powers   * Commander in Chief of militaries of nation and states (no declaring war though)   * Sec. 3- must execute and enforce laws, final lawmaking step with signing
Article III
  • Judicial branch
  • Supreme Court has its power
  • SCOTUS is only court established
  • Power is granted to create further courts as well with Judiciary Act of 1789

Supreme Court

  • Original jurisdiction- hearing case for first time   * In cases affecting ambassadors, public ministers, states as a party
  • Appellate Jurisdiction in all other circumstances and cases   * Court cannot hear it for the first time but only appeals from lower courts   * Most cases heard are with this jurisdiction
Article IV

Federal government and state relationships and relationships between states

Article V
  • Amendment process for the Constitution   * Proposal     * 2/3 of both houses of Congress propose     * 2/3 of state legislature can propose   * Ratification     * 3/4 of states must agree to ratify it
Article VI
  • Supremacy clause makes USC and national laws and treaties the “supreme law of the land”
  • Federal government laws trump and cancel out state laws if contradictory
  • Anti-federalists did not support bc this and elastic clause made fed. govt. unstoppable and would hurt state power

\ Checks and balances were put into place to quell the fears of Anti Federalists

What really worked though was the guarantee of a bill of rights, individual liberties the federal government could not take

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