Heimlich History: The U.S. Constitution

Introduction

• Focus on the United States Constitution for AP Government.
• Historical context: Replaced the Articles of Confederation due to its weaknesses.
• Established a republican-style government.

Historical Context

• Articles of Confederation:
  • Power primarily with states; weak central government.
  • Only a legislative branch.
  • Problems: Congress broke, events like Shays' Rebellion.
• 1787 Philadelphia Convention: Drafted the Constitution.

Structure of the Constitution

• Preamble: Introduction to the document.
• Seven Articles:
  • Articles outline the framework of the federal government.

Article 1: Legislative Branch

• Establishes Congress: Bicameral legislature (Senate and House of Representatives).
  • Senate: Two senators per state.
  • House: Representation based on population.
• Powers of Congress:
  • Legislative powers: Making laws.
  • Section 8: Enumerated powers, e.g., collect taxes, declare war.
  • Necessary and Proper Clause (Elastic Clause): Allows Congress to make laws necessary for executing its powers.
• Differences from Articles of Confederation: More power to the central government.

Article 2: Executive Branch

• Establishes the Presidency.
• Electoral College: Method of electing the President.
• Powers:
  • Commander-in-chief of the military.
  • Executes and enforces laws.
  • Final step in the law-making process.

Article 3: Judicial Branch

• Establishes the Supreme Court and allows Congress to create lower courts.
• Jurisdiction:
  • Original Jurisdiction: First to hear certain cases.
  • Appellate Jurisdiction: Hears appeals from lower courts.
• Judicial Review: Interprets constitutionality of laws (established in Marbury v. Madison).

Article 4: Relations Among States

• Addresses relationship between federal government and states.

Article 5: Amendment Process

• Two-part process: Proposal and ratification.
• Proposal by two-thirds of Congress or state legislatures.
• Ratification by three-fourths of states.
• Easier than Articles of Confederation (unanimous consent was required).

Article 6: Supremacy Clause

• Federal laws trump state laws.
• Concerns of anti-federalists: Potential federal overreach.

Conclusion

• Constitution increased federal power compared to the Articles.
• Established checks and balances among three branches.
• Bill of Rights provided individual liberties limiting federal power.
• Further learning resources available for AP Government students.