Constitution Notes

Historical Context of the Constitution

  • Prior Document: Articles of Confederation

    • Characteristics:

    • Most power held by the states

    • Central government consisted solely of a weak legislative branch

    • Resulted in failure to govern effectively (e.g., Congress going broke, Shays' Rebellion)

  • Gathering of Delegates:

    • Year: 1787

    • Location: Philadelphia

    • Purpose: Draft a new governing document.

Transition to the Constitution

  • Major Idea: Established a republican style government, contrasting the confederacy of the Articles.

  • Definition of a Republican Government: A system where representatives perform work on behalf of the people.

Structure of the Constitution

  • Begins with a Preamble followed by seven articles.

  • Focus: How the Constitution solved problems from the Articles of Confederation by granting more power to the central government.

Article One: Legislative Branch (Congress)

  • Length: The longest section in the Constitution, emphasizing its importance.

  • Structure: Bicameral legislature (two houses).

    • Senate: Equal representation for each state (2 senators per state).

    • House of Representatives: Representation based on population.

Powers of Congress

  • Legislative or Lawmaking Powers:

    • Definition: "All legislative powers herein granted shall be vested in a Congress of the United States…"

  • Enumerated Powers (Section 8):

    • Power to:

    • Lay and collect taxes

    • Borrow money

    • Coin money

    • Declare war

    • Raise and support armies

    • Maintain a navy

    • Necessary and Proper Clause (Elastic Clause):

    • Summary: Congress can make all laws necessary and proper for executing its powers.

    • Implication: Vague language that allows Congress latitude in lawmaking, causing concern among Anti-Federalists regarding potential overreach.

Article Two: Executive Branch (President)

  • Method of Election: Electoral College.

  • Powers of the President:

    • Commander-in-Chief of the military (army, navy, and state militias).

    • Must ensure laws are faithfully executed (presidential enforcement of laws).

    • Role in Legislation: Must sign bills for them to become law; acts as the final step in lawmaking.

Article Three: Judicial Branch

  • Structure:

    • One Supreme Court and other inferior courts as established by Congress.

  • Jurisdiction Types:

    • Original Jurisdiction: Cases affecting ambassadors and states.

    • Appellate Jurisdiction: Cases from lower courts, not heard for the first time.

  • Judicial Review: Not explicitly stated in the Constitution, later established by Marbury v. Madison, allowing the Supreme Court to interpret laws and assess their constitutionality.

Article Four: Federal-State Relations

  • Addresses the relationships between federal and state governments, as well as among states themselves.

Article Five: Amendment Process

  • Two-part Process:

    • Proposal: Requires two-thirds approval from either:

    • Both houses of Congress

    • Two-thirds of state legislatures.

    • Ratification: Requires approval from three-fourths (75%) of states.

  • Implication: Easier amendment process compared to Articles of Confederation, which required unanimous consent.

Article Six: Supremacy Clause

  • Statement: "This Constitution… shall be the supreme law of the land."

  • Implication: Federal law supersedes state law, causing concern among Anti-Federalists due to potential nullification of state laws if they contradict federal laws.

Overall Impact of the Constitution

  • Granting of more power to the federal government compared to the Articles of Confederation.

  • Establishment of a republican government with three branches:

    • Legislative: Makes laws.

    • Executive: Executes laws.

    • Judicial: Interprets laws and ensures constitutional adherence (judicial review).

  • Fear of overreach and power consolidation remained despite checks and balances.

  • Compromise: Guarantee of a Bill of Rights to protect specific individual liberties, alleviating concerns of skeptics.

Conclusion

  • The US Constitution's structure and powers represented a significant shift from the Articles of Confederation by centralizing authority while still allowing checks and balances among branches of government.

  • Final Outcome: Adoption of the Constitution and the subsequent assurance of individual rights through the Bill of Rights, ensuring federal authority does not infringe upon personal liberties.