Heimlich History: Understanding the U.S. Constitution

Historical Context

• Articles of Confederation
  • Prior governing document
  • Power mostly held by states
  • Weak central government; only a legislative branch
• Problems Under Articles
  • Congress went broke
  • Events like Shays' Rebellion highlighted issues
• Constitutional Convention of 1787
  • Held in Philadelphia
  • Drafted a new governing document: the U.S. Constitution

The U.S. Constitution

• Establishment of Republican-style Government
  • Representatives work on behalf of the people

Structure of the Constitution

1. Preamble
2. Seven Articles

Article 1: Legislative Branch

• Congress's Form and Powers
  • Bicameral legislature: Senate and House of Representatives
  • Senate: Equal representation with two senators per state
  • House: Representation apportioned by population
• Section 8: Enumerated Powers
  • Power to tax, borrow money, coin money, declare war, raise/support armies, maintain a navy
• Necessary and Proper Clause (Elastic Clause)
  • Allows Congress to pass laws needed to execute its powers
  • Controversial for its vagueness, feared by those preferring Articles' limitations

Article 2: Executive Branch

• President's Powers
  • Commander-in-Chief of the military
  • Enforces laws passed by Congress
  • Final step in law-making: approves bills to become laws

Article 3: Judicial Branch

• Establishes Supreme Court
  • Grants Congress power to establish inferior courts
  • Jurisdiction
    • Original Jurisdiction: Certain cases can be heard first by the Supreme Court
    • Appellate Jurisdiction: Most cases heard on appeals from lower courts
• Judicial Review
  • Court's power to determine constitutionality of laws (established in Marbury v. Madison)

Article 4: Federal and State Relations

• Federal Government's Relationship with States
• Relationships Among States

Article 5: Amending the Constitution

• Proposal and Ratification Process
  • Proposed by two-thirds of both Congress houses or state legislatures
  • Ratified by three-fourths of states

Article 6: Supremacy Clause

• Federal Laws as Supreme Law
  • Federal laws supersede state laws
  • Combined with Necessary and Proper Clause, raised fears of federal overreach

Conclusion

• Constitution's Impact
  • Increased federal power compared to Articles
  • Established checks and balances among branches
• Bill of Rights
  • Addressed fears of federal overreach by guaranteeing individual liberties