The U S Constitution Constitutional Convention 1787 Constitutional Convention A series of conventions that were held to revise the Articles of Confederation The two main proponents were James Madison and Alexander Hamilton There were two main plans that determined representation of the states The constitution resulted in a compromise of the two plans Virginia Plan Large States favored Representation was determined by state population Supported by James Madison New Jersey Plan Small States favored Each state had equal representation Supported by William Paterson The Great Compromise Bicameral Legislature Based off of ideas found in Alexander Hamilton s British Plan Having a two house legislature allowed for both parties to be satisfied and created the House of Representatives and the Senate Senate All states have equal representation Satisfies the New Jersey Plan House of Representatives The number of representatives each state gets is determined by state population Satisfies the Virginia Plan Accomplishments Institutionalized channels for ongoing argument Ensured that both large and small states demands were met Gave central government more power Failures Failure to end slavery Adair s Argument Explanation for creativity of Founding Fathers Lost for fame Bloodlines and class did not bind the founders Wood s Argument Bailyn s Argument Ellis Argument Political and personal diversity lead to natural checks and balances Know 4 things common between arguments 3 5 Compromise A compromise that defined that one slave was the equivalent of 3 5 of a free person in terms of legislative representation This showed the political nature of the Constitutional Convention Bill of Rights The first 10 amendments of the Constitution It was one last compromise that was not originally part of the Constitutional Convention however it was agreed that would be added to it Federalist Papers A series of 85 essays promoting the ratification of the Constitution Federalist Party The first political party in American history Anti Federalists People who insisted that a Bill of Rights would be added to the Constitution Basic Principles of the Constitution Representative Democracy Federalism Americans invented this o Powers are divided between national and state governments and some powers are shared between both 10th Amendment What powers are not mentioned to belong to national or federal government belong to the states and the people State and local governments Separation of Powers power is divided between three branches Federal and State governments Checks and Balances Each branch has certain powers to keep the other branches from getting too much powers Amending the Constitution Requires 1 2 3 vote of both the House and Senate 2 Majority vote 3 4 of State Legislatures Language of the Constitution Preamble The goals of the Constitution Articles Provides the foundation for how the U S government is organized 7 Articles Clauses Outlines the functions of Federal government Amendments Changes made to the constitution to accommodate problems that did not always exist when the Constitution was originally written 27 Amendments Articles Article I Legislative Branch House of Representatives and Senate collectively known as Congress The Congress is a bi cameral legislative body with the Senate serving as its upper house and the House of Representatives serving as its lower house Powers Make laws declare war power of purse necessary and proper clause establish post offices and roads issue patents and copyrights establish departments and courts ratify treaties impeachment and oversight of the other two branches Necessary and Proper Clause The power to make all laws deemed necessary and proper for executing the foregoing powers and all other powers vested in the Constitution McCulloch vs Maryland 1819 Court case A cashier at a bank formed by Congress violated a state law by not paying taxes for special state approved paper that banks not formed by the state are required to use This case determined that Congress has the power to incorporate a bank under the constitution due to the Necessary and Proper Clause It also determined that State government does not have the power to tax institutions formed by Congress Congress Cannot Ex Post Facto Suspend Habeas Corpus Bills of Attainder Establish Titles of Nobility Can t arrest people for breaking a law before it is passed Can t hold people under arrest without reason Can t charge people guilty of treason or felony without a trial House of Representatives 2 year terms Minimum age of 25 years old to hold office 435 representatives number of reps based off of state population 1 rep 700 000 people Senate 6 year terms Minimum age of 30 years old to hold office 100 representatives Each state has 2 representatives Main emphasis is on treaties and Main emphasis is on tax and revenue appointments policy Both the House and the Senate require that their representatives to be U S citizens for at least 7 years and to be a resident of the state that they represent Article II Executive Branch President Powers Commander in Chief of the Military Chief Executive pardon power veto power appointments State of the Union Chief Diplomat negotiates treaties Pardon power power to grant reprieves for federal crimes with the exception of impeachments Veto power power to reject a bill proposed by legislature by refusing to sign it into law President Cannot Qualifications Natural born U S citizen Must be a U S resident for at least 14 consecutive years Minimum age of 35 years old to hold office Must be born in one of the states of the U S Term of Office 1 term 4 years Max limit 2 terms or 8 years 22nd Amendment Electoral College Electors from each state each state has 2 votes vote according to how their state voted in a presidential election Article III Judicial Branch Supreme Court The Supreme Court is the highest court in the U S all other courts are beneath it There is only 1 Supreme Court and the number of justices fluxuates Powers Original jurisdiction appellate jurisdiction and judicial review Original Jurisdiction A court case that starts off here Appellate Jurisdiction An appeal of court cases from lower courts How to Read a Court Case 1 The facts What happened Who is the plaintiff What happened in lower courts if applicable 2 Question 3 Rule 4 Reasoning 5 Dissent What issue is being questioned by this case What decision was made regarding this issue Why was this decision made regarding the issue
View Full Document