1. The Founding Fathers and a “More Perfect Union”
The Building of the American Constitution

2. The First Government of the United States was Fatally Flawed
Congress couldn’t levy taxes
Congress couldn’t regulate commerce
There was no National Judiciary
Each state had just one vote despite population
National government couldn’t act against a state
The national government was bankrupt following war
States became embroiled in trade wars

3. Solution? FEDERALISM
Compromise (“The Great”) allowed all states to share sovereignty with the national government
The national government took supremacy over many matters including commerce, defense, civil liberties, etc.
State governments took supremacy over issues of great local importance including education, etc.
Federalism in America is a combination of confederal (unitary) and federal theories.

4. The Three Compromises in Philadelphia
All rooted in the idea of “Equality”
Madison and the “Tyranny of the Majority”
Equality of the States
Slavery
Political equality [right to vote]

5. EQUALITY OF THE STATES PROBLEM SOLUTION
SHOULD STATES BE REPRESENTED EQUALLY OR IN PROPORTION TO THEIR POPULATION?
SOLUTION
CONNECTICUT COMPROMISE: STATES HAVE EQUAL REPRESENTATION IN THE SENATE AND PROPORTIONAL REPRESENTATION IN THE HOUSES

6. SLAVERY PROBLEM SOLUTION WHAT SHOULD BE “DONE” WITH SLAVERY
STATES AGREED TO ALLOW CONGRESS TO STOP IMPORTATION OF SLAVES AFTER 1808-NO ISSUES OR OTHER PROBLEMS ADDRESSED

7. POLTICAL EQUALITY PROBLEM SOLUTION
SHOULD THE RIGHT TO VOTE BE BASED ON UNIVERSAL MANHOOD SUFFRAGE OR SHOULD IT BE RESTRICTED [education, property, wealth, etc]
SOLUTION
LET THE STATES DECIDE QUALIFICATIONS FOR VOTING

8. Federalism – The American Version
Division of power between national, state, and municipal governments
Compromise between dictatorial national government and independence of the states
Historically, the national government has continued to gain power:
Expressed Powers: “enumerated” in the Constitution
Implied Powers: “suggested” in the Constitution
Inherent Powers: certain powers which all independent nations have; i.e. foreign policy matters

9. This Uniquely American System is embodied by the Constitution of 1789 – at the time a very controversial document
Supporters were called Federalists
James Madison
Alexander Hamilton
John Jay
Emphasized importance of a strong central government (unitary) to improve on the problems of “the Articles”
Published “Federalist Papers” in New York
Opponents were known as Anti-Federalists
Patrick Henry
John Hancock
Samuel Adams
Opposed surrendering state powers to the central government
Concerned about the return of a strong Executive (King George paranoia)
Argued for a Bill of Rights to counteract the strong national gov’t.

10. Basic Principles of the Constitution
Representative Government
Federalism
Separation of Powers
Checks and Balances
Rule of Law
6. Popular Sovereignty

11. Representative Government Popular Sovereignty
Selection of representatives in “free” and scheduled elections
Governance by the “consent of the governed”

12. Why is the National Government getting stronger?
Many problems are of a national nature
States need the national government for $$
Unequal distribution of wealth among and within states
Inability or unwillingness of states to deal with certain problems
“Statements of power” to the national government from the Constitution:
General Welfare clause
Commerce Power
Defense of the Nation
Necessary and Proper clause – elastic clause
Courts have slowly and methodically taken away states constitutional rights

13. Duties of the National Government
Guarantee territorial integrity of the states
Guarantee a republican form of government
Protect each state from invasion
Protect against domestic violence within states
1894 Pullman Strike
1957 Little Rock Crisis
1962 University of Mississippi
1963 University of Alabama
1992 L.A. Riots
Assist with natural disasters
Congress chooses to admit new states

14. Powers DENIED to the States
No coining or printing of money
No tariffs
No troops in peacetime
No signing of treaties with other nations without Congressional consent
No slavery (13th Am.)
No depriving of life, liberty, property without due process (14th Am.)
No denial of vote on basis of race (15th Am.)
No denial of vote on basis of gender (19th Am.)
No power to destroy the federal system (Civil War?)
No “NULLIFICATION”

15. Powers and Responsibilities of the States
NO ENUMERATED POWERS IN THE CONSTITUTION (10th Am – “powers not given to national government are reserved to the states”)
Education
Marriage
Voting
Property Laws
Public Safety Laws
Welfare
Establishment of local governments
State taxes

16. Concurrent Powers Powers shared by National and State Governments
Powers not denied to the states or given to the national government
Collecting Taxes
Making and enforcing laws
Borrowing and spending $$
Regulating Commerce
*Education
*Welfare
*Highway Construction
*Urban Renewal

17. Hope all is good
Hope all is good

18. Separation of Powers
Insures against any one branch from gaining too much power
Different constituencies for different branches of government
Different terms of office for different branches of government

19. Checks and Balances Executive (Presidency) Legislative (Congress)
Checks on Congress
Propose legislation
Veto legislation
Checks on Judiciary
Appoints federal judges
Enforces court decisions (or not!)
Legislative (Congress)
Checks on Executive
Override veto
Impeachment
Ratify treaties / justices / budget
Impeachment / Confirmation
Amendments
Judiciary (Federal Courts)
Check on Executive
Review of Presidential Actions / Behaviour
Check on Legislature
Judicial Review

21. THE LIVING CONSTITUTION
A Document to create
“A Government for the Ages”

22. The Constitution 200 years later!
The Framers created a document that has evolved over time, allowing it to adapt to societal changes.
Elastic Clause
Amendments
Informal Methods

23. The Elastic Clause Article I, Sec. 8, Line 18
“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department thereof.”
Constitution evolves as National Government sees more opportunities to make “necessary and proper” laws.

24. Amendment Process Only FORMAL way to “change” the constitution.
Requires a two-thirds (2/3) vote of the entire Congress
Three-quarters (3/4) of state-wide legislatures must ratify

25. [called by Congress after 2/3 of the states have requested it.]
THE OTHER “FORMAL WAY”
¾ OF STATES RATIFY
2/3 OF CONGRESS
CONSTITUTIONAL
CONVENTION
[called by Congress after 2/3 of the states have requested it.]
CONSTITUTIONAL
CONVENTION
[¾ of states ratify it]

26. Informal Ways to Amend/”Change” The Constitution
Actions of Congress
Passage of laws, i.e. creation of Federal court system, agencies, commissions
Actions of the Executive
Foreign policy, commander in chief power
Actions of the Courts
JUDICIAL REVIEW
Actions of Political Parties
Party Arrangement and Division in Congress
Unwritten Traditions
Precedent of two-term presidency
Creation of “The Cabinet”
Congressional Committee System

27. The United States Constitution of 1789
Structure
BRIEF VERSION!

28. Article I – Legislative
Bicameral House
Power to make laws, taxes, etc.
ELASTIC CLAUSE (sec. 8, line 18)
Article II – Executive
Law Enforcer, Commander-in-Chief, etc.
Article III – Judiciary
Supreme Court and Lower Federal Courts
Article IV – Miscellaneous Guarantees
Guarantee of republican form of government
Article V – Amendments
Article VI - Recognition of “Supreme Law”
Article VII - Ratification

29. THE END!