Founding and the Constitution - Quick Reference
The Constitution: Structure and Key Concepts
- Structure: Preamble; Articles; Amendments
- Preamble states the purposes and goals
- Articles define separation of powers and branches
- Amendments are additions/changes
Federalism and Separation of Powers
- Separation of powers (Montesquieu)
- Federalism: power divided between national and state governments
- Checks and balances: each branch can influence others
- Bicameral legislature: two chambers
- Electoral College: elects the President
- Bill of Rights protects liberty
The Amending Process
- Article V concerns amendments
- 27 amendments have been added
- Requires supermajorities: \frac{2}{3} in Congress and \frac{3}{4} of the states to ratify
- Debates: Is the Constitution a "living document"?
The Legislative Branch
- Structure: Congress is bicameral (House of Representatives and Senate)
- House terms: 2 years; all members up for reelection
- Senate terms: 6 years; 1/3 up for reelection every 2 years
- Originally appointed by state legislatures
- Expressed powers: listed in Article I, Section 8
- Implied powers: via the Elastic Clause
- House originates revenue bills; Senate ratifies treaties and confirms presidential appointments; All legislation must pass both houses
The Executive Branch
- Article II; Presidency; "energy in the Executive"
- Four-year term (two max)
- Powers: appoint major departmental personnel (Senate role); nominate Supreme Court Justices (Senate role); negotiate treaties (Senate role); receive ambassadors; grant clemency; veto congressional legislation
The Judicial Branch
- Article III; establishes the Supreme Court
- Congress can create lower courts
- Lifetime appointments for judges
- Judicial Review established in Marbury v. Madison, 1803
Ratification and the Federalist-Antifederalist Debate
- The Fight for Ratification occurred in 13 campaigns
- Federalists favored a stronger central government
- Antifederalists favored strong state governments
- Core concerns: representation; tyranny; government power
- Representation: national government as representative democracy; local levels may use direct democracy
- Fear of Tyranny: elites vs masses; Federalist #10 discusses factions
- Factions: political, economic, social, ideological groupings
- Preventing factions: remove causes or control effects; more states/electors reduces majority faction dominance
Limiting Government Power and Factions
- Antifederalists: weak central government with enumerated powers; demanded Bill of Rights
- Some feared Bill of Rights could be counterproductive
- Federalists: strong central government with divided powers; Federalist #51
- Result: Constitution created a stronger national government; a republic tempered factionalism; skepticism of centralized power remains
Federalism and State Sovereignty
- Article IV: comity among states; prohibits discrimination against citizens of other states
- Ensures a free-flowing national economy by limiting state powers
- Supremacy Clause: federal law is supreme over state laws
Ratification Timeline and Key Facts
- Written: 1787; signed September 17, 1787
- 9 of 13 states needed to approve: 9
- Ratified: June 21, 1788 (9th state, New Hampshire)
- Rhode Island ratified in 1790
- Congress convened under the Constitution on March 4, 1789
- Bill of Rights incorporated on December 15, 1791
- The oldest constitution still in use anywhere in the world
The Founding and the Constitution
- "Constitute" (verb): to make up, form, or compose
- Confederate: to unite in a league or alliance
- Structure overview: Preamble -> Articles -> Amendments
