HY 357 Lecture Notes - Lecture 2: Supremacy Clause, Enumerated Powers
6 Jun 2018
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Key Concepts in the Constitution
The Constitution, which was approved by the delegates to the Convention on September 17,
1787, established a republican form of government, explained the organization of that
government, and outlined the federal system.
Republican form of government
The Constitution established the United States as a republic in which power ultimately is in the
hands of the people and is exercised by their elected representatives. The Republic was not a
democracy in the modern sense, however. The framers of the Constitution, many reluctantly,
accepted slavery. There were property qualifications for voting, and some states denied the right
to vote to religious minorities. Women did not get to vote in the national elections until 1920
(Nineteenth Amendment). The original draft of the Constitution did not include protection of
basic civil liberties.
The organization of government
The government's functions are divided among three branches: the legislative branch that makes
the laws (Congress), the executive branch that carries out the laws (president), and the judicial
branch that interprets the laws (courts). This division is known as the separation of powers. In
addition, under the system of checks and balances, the powers of one branch of government are
limited by the powers given to another branch. Congress makes laws, but the president can veto
legislation. Congress can override a president's veto with a two-thirds vote of both houses (a
check on a check). While the president appoints judges to the Supreme Court, the Senate can
reject an appointee through its power to give "advice and consent."
The federal system
Federalism means the division of power between the national government and the states. The
Constitution does not clearly define, however, the areas in which these powers are exercised.
Keeping in mind that the framers were determined to strengthen the national government, it is
not surprising that the powers belonging to the states were left vague.
Summary of the Constitution
The Constitution was a spare document, providing few details about how the U.S. government
would run itself. It explained the rough organization of the three branches, how they would
interact with the states, and how the document could be amended. Filling in the details was left
to future leaders.
Article I
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Document Summary
The constitution, which was approved by the delegates to the convention on september 17, 1787, established a republican form of government, explained the organization of that government, and outlined the federal system. The constitution established the united states as a republic in which power ultimately is in the hands of the people and is exercised by their elected representatives. The republic was not a democracy in the modern sense, however. The framers of the constitution, many reluctantly, accepted slavery. There were property qualifications for voting, and some states denied the right to vote to religious minorities. Women did not get to vote in the national elections until 1920 (nineteenth amendment). The original draft of the constitution did not include protection of basic civil liberties. The government"s functions are divided among three branches: the legislative branch that makes the laws (congress), the executive branch that carries out the laws (president), and the judicial branch that interprets the laws (courts).
