Lesson 11: What Questions Did the Framers

Consider in Designing the

Three Branches of the National Government? 

Political philosophers claim that governments must do three things: make, execute, and judge laws.

The Constitution assigns these functions to three separate branches. This lesson explains how the Framers envisioned the role of each.

Purpose

Explain the role of each of the three branches and describe how the Constitution organizes them.

Explain how and why the system of checks and balances contributes to limited government.

Evaluate, take, and defend positions on how the President should be elected and issues relating to the appointment of Supreme Court justices.

Objectives

Deliberative Body ◦ A legislative assembly that meets to debate issues.  

Electoral College ◦ The group of presidential electors who cast the official votes for president

and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives.

Necessary and Proper Clause ◦ Clause of the Constitution that gives Congress the power to make all laws

that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the "elastic clause" because of the vagueness of the phrase "necessary and proper."  

Separated Powers ◦ The division of the powers of government among the different branches.

Separating powers is a primary strategy of promoting constitutional or limited government by ensuring that no one individual or branch has excessive power that can be abused.  

Shared Powers ◦ Legislative powers not completely separated between the branches of

government.  

Terms to Know

Framers believed their was an imbalance of power between British Crown and Parliament◦ Led to tyranny of British Crown

Many state government created weak executives, but led to legislative corruption

Delegates needed to create system of balanced powers (checks & balances)

Balance of Power Among the Branches of Government

Congress should be a deliberative body◦ Thorough debate, no hasty decisions

Bicameral makes law passage difficult (on purpose)

◦ Delegates felt power to make laws greatest power Enumerated Powers are specifically listed Congress also granted powers Necessary &

Proper

Legislative Power & Organization

Executive needed “energy” to act quickly when necessary for◦ Common defense◦ Preserve public peace◦ International relations

Must be strong enough to check power of legislature, but can not endanger republic A single chief executive needed, 4-yr

term No limit set for reelection

Executive Powers & Organization

Delegates reject idea of direct election◦ Citizens of large country would “not know”

best candidates Other felt Indirect elections would be

corrupt Instead, Electoral College proposed

◦ Organized every 4 years, then dissolved◦ Each state selects electors, number based

on total members in Congress◦ Electors voted for two people (at least one

outside home state)◦ Majority wins presidency, 2nd becomes VP◦ If tie, House selects with majority vote

Presidential Selection

Judges chosen by President, confirmed by Senate

Supreme Court is head of judiciary Judges independent of politics Cannot be removed unless accused

& convicted of high crimes

Judicial Power & Organization

Veto◦ President can veto bill passed in Congress◦ Congress can override veto with 2/3 vote

Appointment◦ President nominates, Senate must approve

Treaties◦ President negotiates, Senate approves (2/3 vote)

War◦ President is commander in chief, Congress declares war & controls

$$$ Impeachment

◦ Congress can remove executive or judicial branch members if they commit high crimes

Judicial Review◦ Judicial branch (eventually) can determine whether acts of

Congress are Constitutional

Division of Power

Lesson 12:    How Did the Delegates Distribute

Powers between

National and State

Governments?

The relationship between national and state powers was at the core of the first Convention debates.

The delegates eventually worked out a series of regulations & compromises that defined what national and state government could and could not do.

Several compromises involved slavery, the most divisive issue among states.

Purpose

Describe the major powers and limits on the national government, powers specifically left to states, and prohibitions the Constitution placed on states.

Explain how the Constitution did and did not address slavery and other unresolved issues.

Evaluate, take, and defend positions on how limited government in the US protects individual rights and promotes the common good and on issues involving slavery.

Objectives

ex post facto law ◦ A law that criminalizes an act that was not a crime when committed,

that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. Ex post facto laws are forbidden by Article I of the Constitution.

bill of attainder ◦ An act of the legislature that inflicts punishment on an individual or

group without a judicial trial. secede

◦ Formal withdrawal by a constituent member from an alliance, federation, or association.

supremacy clause ◦ Article VI, Section 2 of the Constitution, which states that the U.S.

Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land" and binding on the states.

tariff ◦ A tax on imported or exported goods. Also known as a duty.

Terms to Know

Powers given to national gov’t over states:◦ Make or change state election laws ◦ Call state militias into national service◦ Create new states◦ Guarantee each state a “republican for of

gov’t”◦ Protect states from invasion or domestic

violence◦ Constitution & laws / treaties made by

Congress are supreme law of the land (Supremacy Clause)

National Government’s Powers

These provisions protected individual rights◦ Cannot suspend habeas corpus◦ Cannot pass ex post facto laws or bills of attainder◦ Cannot suspend trial by jury in criminal cases◦ Cannot modify definition of treason

The following protect rights of public officials◦ Members of Congress cannot be arrested during

session unless a major crime◦ No religious tests for public office◦ Impeachment clauses protect right to a fair trial◦ Gov’t cannot take money from treasury without an

appropriation law

Limits on Power of National Gov’t

States cannot◦ Coin their own money◦ Pass laws that enable people to violate

contracts◦ Make ex post facto laws or bills of

attainder◦ Enter into foreign treaties or declare war◦ Tax imports or exports◦ Keep troops or ships of war in peace

time◦ No discrimination against citizens of

other states◦ Must return fugitives from other states

Limits on Power of State Gov’ts

Many delegates were opposed to slavery, kept terms out of Constitution (but protected institution)

Southern states considered slaves property, and property issues should be state matters

Slavery’s Affect on Distribution of National & State Powers

NC, SC, and GA would create own nation if Constitution interfered w/ slavery

Northern delegates agree to put in “fugitive slave clause” and not to interfere with slave trade until 1808.

Citizenship

Voting Rights

Where national power ends / state power begins◦ “Necessary & Proper

Clause”

State’s right to secede from the US

Issues Unaddressed