2 Constitution Definition Sets the broad rules of the game. A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.Sets the broad rules of the game.The rules are not neutral- some participants and policy options have advantages others don’t.
3 Federalism What is Federalism? Intergovernmental Relations - Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people.Intergovernmental Relations -Definition: The workings of the federal system- the entire set of interactions among national, state and local governments.
4 Division of PowersDelegated Powers: powers the Constitution grants or delegates to the national gov’tExpressed/Enumerated Powers: those powers directly expressed or stated in the ConstitutionImplied Powers: those powers that the national gov’t requires to carry out the powers that are expressly defined in the ConstitutionNecessary and Proper/Elastic Clause (Article I, Sec 8)Inherent Powers: those the national gov’t may exercise simply b/c it’s the gov’tReserved Powers: those powers that belong strictly to the statesSupremacy Clause (Article VI, Sec 2)Concurrent Powers: those powers that both the national and state gov’ts haveDenied Powers: the powers that the Constitution specifically denies to all levels of gov’tArticle I Sec 9 and 10
6 Defining Federalism Why is Federalism So Important? Decentralizes our politicsMore opportunities to participateDecentralizes our policiesWhich government should take care of which problem?States can solve the same problem in different ways.
7 The Constitutional Basis of Federalism The Division of PowerSupremacy Clause:McCulloch vs. MarylandGibbons vs. OgdenThe U.S. ConstitutionLaws of CongressTreatiesState ConstitutionsState Laws
9 Intergovernmental Relations Today Dual FederalismDefinition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.Like a layer cakeEnded in the 1930’s
10 Intergovernmental Relations Today Cooperative FederalismDefinition: A system of government in which powers and policy assignments are shared between states and the national government.Shared costsShared administrationStates follow federal guidelines
12 Intergovernmental Relations Today Fiscal FederalismDefinition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.Figure 3.2
13 Intergovernmental Relations Today Federal Grants to State and Local Governments (Figure 3.1)
14 Intergovernmental Relations Today Fiscal Federalism continuedThe Scramble for Federal Dollars$400 billion in grants every yearUniversalism - a little something for everybodyThe Mandate BluesMandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.Funded mandate-given money to carry out the policyUnfunded mandates are requirements on state & local governments - but no money
15 Understanding Federalism Advantages for DemocracyIncreasing access to governmentLocal problems can be solved locallyHard for political parties / interest groups to dominate ALL politicsDisadvantages for DemocracyStates have different levels of serviceLocal interest can counteract national interestsToo many levels of government - too much money
16 Understanding Federalism Spending on Public Education (Figure 3.4)
18 Understanding Federalism Federalism and the Scope of GovernmentWhich level of government is best able to solve the problem?Which level of government is best able to fund solutions to the problem?
19 English Documents that Influenced U.S. Government Magna Carta or Great Charter (1215)Rebelling English nobles made King John sign itAt first the rights granted in the Charter only applied to nobles63 articles limiting the King’s power and granting rights to noblesTaxes could NOT be imposed unless council of nobles approvedProperty protectedTrial by jury of peersProtection against unjust punishment and the loss of lifePrevents interfering with certain religious freedom
20 The Petition of Right (1628) Gives more rights to Parliament, and further limits the authority of King Charles the I monarchyKing couldn’t arrest members of ParliamentMembers of Parliament were protected from the King if they disagreed with him (Article 1, Sec 6, Clause 1)Couldn’t imprison citizens without legal reasonMust have approval of the House of Commons to impose taxes (Article 1, Sec 7, Clause 1)King Charles I decided to ignore the PetitionWar broke out and the common people won (Charles I was beheaded)Parliament established their supremacy over the King
21 English Bill of Rights (1688) The Glorious Revolution: Parliament chose new leaders (William and MaryEnglish Bill of Rights incorporated ideas from the Magna CartaAlso applied to the American coloniesSet limits on monarchsThe monarch has no “divine rights” regarding ruling1st Amendment: right to petition gov’tRight to bear arms2nd AmendmentFair and speedy trial6th AmendmentNo cruel or unusual punishment or excessive bail8th AmendmentRight of Parliament (not the monarch) to approve keeping a standing army in peacetimeArticle 1, Sec 8, Clause 12, 13, 14) gives Congress the right to establish and support a militaryRight of free speech and debate in meetings of ParliamentArticle 1, Sec 6, Clause 1 gives Congress the same rightNo interference with elections
22 British framework for a representative gov’t: Representative gov’t: the people elect delegates to make laws and conduct gov’tBritish framework for a representative gov’t:House of Lords (upper house)Contains aristocracy who dominated until 1700s (Bishops and Nobles)Either appointed or position inheritedPrince Charles and childrenNo power and/or figureheadHouse of Commons (lower house)Contains merchants and property ownersElected by other property owners and merchantsToday they have the real power
23 Gov’ts in the colonies all had: Governors and courtsLegislature (Council of advisors)Eventually a Legislature of elected repsSeparation of legislative and executive branchWritten constitution that limited govn’tNeed property to voteDemocracy in its current form didn’t existWomen and slaves couldn’t vote9 of 13 colonies had an official church (religious dissent not tolerated)
24 Why was the Compact needed? Mayflower Compact (1620): first written agreement providing self-gov’t drafted by colonistsSigned by 41 male pilgrimsWhy was the Compact needed?Navigation errors pushed their ship off course which forced them to land in an area outside the original grant given by the Virginia Company (jurisdiction)Pilgrim leaders knew they would need to set up some form of gov’t to control all the people
25 Expanding Written Laws Great Fundamentals (1636): meant the need for more comprehensive laws as Mass Bay grew larger around PlymouthFundamental Orders of Connecticut (1638): Puritans who left Mass Bay colonized Connecticut and established America’s first formal constitution or charterGave people the right to elect the governor, judges, and reps to make laws, and didn’t restrict voting rights to church members
26 Representative Assemblies in Colonies Virginia House of Burgesses (1619): first reps assembly in AmericaCreated a law that required every town of 50 families to hire a schoolmaster and every town with 100 families must hire someone that can teach Greek and LatinColonial legislatures dominated colonial gov’t
27 John Locke Philosopher “Two Treatises on Government” Textbook on the American RevolutionRevolutionary ideas in a time when monarchs still claimed divine power“life, liberty, and property” (influenced Jefferson)
28 State Constitutions States saw themselves as “states” Common features No higher authorityCommon featuresBill of RightsSeparation of powersLimited government
29 Iroquois Confederation 5 nations: Mohawk, Onondaga, Oneida, Cayuga, Seneca1570Very organized plan of governmentEach nation elected a representative1 vote per nationWomen’s representation
30 British Control and the Road to Revolution The colonies were expected to serve as a source of raw materials and a market for British goodsThe colonists were allowed to govern themselves in exchange for loyalty to the mother country and stopping the expansion of the French in CanadaKing George III was the leader of Britain in 1760French and Indian War ( )Struggle between Fr. and Br. over land in OH river valley (OH, PA)British needed to finance the war so taxes were levied on the coloniesRelations now changed and strainedOnce the British win, they have more land to defend and need to control the seasMore items are taxed, which increase tensions b/w the colonies and Britain
31 Colonies Try to Unite Why unite: Develop an army and navy to stop Indian attacks and attacks from other countriesLevy taxes so the colonists can support themselvesRegulate their own issues with NA b/c they are actually living amongst the NAAlbany Plan of Union (1754): first attempt to unify the colonistsBen Franklin came up with the planThe idea was rejected b/c it gave too much power to the central gov’tBritish felt the plan gave too much power to their subjects (colonists)
32 The Origins of the Constitution The Road to RevolutionColonists didn’t like the way they were treated.In summer of 1776, a small group of men met in Philadelphia and passed a resolution that started a warThe colonists were some of the lowest taxed members of the British Empire-Many merchants felt the impact of taxes, but most of the colonists felt no impact what-so-ever by the taxesSome call the Revolutionary War a “rich man’s war, but a poor man’s battle.”
33 FINANCING THE EMPIREProtecting the colonists against attack was an expensive service for the British Empire to provideTaxesSugar Act (1764): create an import tax of foreign sugar, etcStamp Act (1765): tax on printed matter of all kindsThis was the first direct tax on the colonistsThe colonists felt they were being taxed without any of their input (“no taxation without representation”)Stamp Act Congress (1765): tried to get the Stamp Act repealedNine colonies sent delegates to this meeting in NYFirst meeting organized by colonists to protest King George III actionsPetitions were sent arguing only colonial legislatures could impose taxesResults of the Stamp Act Congress:Colonists passed a non-importation agreement (won’t buy British goods)The stamp act was repealed but:Declaratory Act (1766): asserted the “full power and authority” of the Parliament to make laws for America
34 Acts that tick off the Americans Townshend Acts (1767): import duties on common items (tea, dyes, glass, etc)Writs of assistance: special search warrants that allowed unlimited accessTea Act (1773): excused the British East India Company from paying certain duties and gave the company exclusive rights to the tea trade in AmericaAmerican merchants were afraid the British East India Company would acquire a monopoly on tea tradeColonists were upset by the tax placed on teaBoston Tea Party (1773): colonists dressed up as Mohawk Indians and dumped 342 chests of British tea into the Boston HarborCoercive/Intolerable Acts (1774): a set of four laws designed to punish the colonists for the Boston Tea PartyClosed the port of Boston until colonists paid for the tea they dumpedRevoked Mass charter and didn’t allow the Mass colonists to hold town meetingsAllowed royal officials charged with crimes to be tried in EnglandQuartering Act ordered local officials to provide food and housing, in private homes if necessary, for British soldiers
35 The First Continental Congress (1774) Delegates from 12 colonies decided to meet in PhiladelphiaGeorgia didn’t send a delegate b/c they needed the help of British soldiers to fend off the Indians that were attackingColonists were trying to decide what should be done about the bad relations with GBEmbargo placed on GBCould not use any British goods in the coloniesProposed another meeting a year later if relations didn’t improve
36 The First Battle in April 1775 and Beyond British redcoats clashed with minutemen at Lexington and Concord in MassThe clash was called “the shot heard round the world”Second Continental Congress (May 1775)All 13 colonies sent delegates to PhiladelphiaJohn Hancock was elected the President of the CongressThey assumed the power of the central gov’tGeorge Washington was placed in command of the colonial armyThe Declaration of Independence was developedOlive Branch Petition (July 5, 1775): for the final time—appealed to their king to redress colonial grievances in order to avoid more bloodshedAug King George declared a state of rebellion and “Traitors should be brought to justice”Dec Parliament (GB) prohibited all trade with colonies
37 Declaration of Independence Committee of 5 to write Declaration of IndependenceT. JeffersonJ. AdamsB. FranklinR. ShermanR. LivingstonT. Jefferson - wroteB. Franklin aided JeffersonElder statesman (oldest member)
38 Declaration of Independence Richard Henry Lee introduced his opinion about why the colonists should break away from GB on June 7, 1776Delegate from Philadelphia, PennsylvaniaThomas Jefferson was appointed to write a rough draft of the Declaration of IndependenceThomas Paine wrote a pamphlet called Common SenseIt was used to rally support from the colonists for breaking away from GBOn July 4, 1776 Congress approved the final draft of the Declaration of Independence
39 Declaration of Independence July 4, 1776 Declaring IndependenceThe Declaration of Independence listed the colonists grievances against the British.The founding fathers officially engaged in an act of treason that was punishable by deathThe “Conservative” RevolutionRestored rights the colonists felt they had lostNot a major change of lifestyles
40 The Origins of the Constitution Declaration of Independence
41 Five Parts to the Declaration States human/natural rightsJustify the colonists’ revoltLists 27 grievances against King George IIIWhat the colonists have done to resolve the issue peacefullyStatement of determination to separate and gain independence
42 The Government That Failed The Articles of ConfederationThe first document to govern the United StatesCongress had few powers (Article 1. Section 8)States could engage in foreign trade (Article 1, Sec, 8, Clause 3 is the opposite)Changes in the StatesExpanded political power for someExpanding economic middle classIdeas of equality spreading
44 StrengthsKept the states together effectively enough to win the Revolutionary WarAll states had written constitutionsPeople had power; gov’t existed to serve people’s needsStates had 3 branches of gov’tExecutiveLegislativejudicialHad Bill of RightsFree speech, press, religion; jury trialState put more power in legislature and less in executiveCould be amended (changed)Northwest Ordinance (1787): outlined a plan for settling lands west of the AppalachiansEst the principle that newly formed states are = to older statesGuaranteed religious freedom and prohibited slavery in the new territoriesTreaty of Paris (1783): GB recognize3d American independence
45 WeaknessesOne-house legislature (unicameral Congress) of delegates from all statesEach state had one vote9/13 states to approve lawsCould not tax (could ask for $)Could not regulate tradeCould not control currency (states printed own money)No executive or judiciary (no one to enforce or carry out laws)Congress only had the powers expressly given to them in the Articles (lawmaking and military decisions)A very weak central gov’t was created, but had strong state gov’tsMakes sense since the colonists feared the strong central gov’t of GB, so why create the same thing
46 Powers Wage war Make peace treaties/alliances Create army/navy Borrow moneyCreate a post officeSettle disputes between states
47 States quarreled amongst themselves Problems with Articles State Issues, Money Issues, and Rebellion after the WARStates quarreled amongst themselvesBoundary disputes and tariffsFarmers had to pay a tax to sell their produce in another stateMoney problems after the War$40 million owed to foreign gov’ts and American soldiers that fought in the WarShays’ Rebellion (Daniel Shays, 1776)A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedingsState legislatures would not help farmers in debtLand, tools, livestock were taken to pay debt (some were jailed)Marched on county courthouses; moved to take arsenal; stopped by state militia
48 The Government That Failed The Aborted Annapolis, Maryland Meeting (Sept 1786)An attempt to discuss changes (amending) to the Articles of Confederation.Attended by only 12 delegates from 5 states.Wanted to also discuss commerce and trade among statesCalled for a meeting in May 1787 to further discuss changes.
49 Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia May 25, 1787George Washington presided over the meetingsJames Madison, from Virginia, took detailed notesFather of the Constitution (basically adopted his plan)55 men from 12 of the 13 statesMostly wealthy planters & merchantsMost were college graduates with some political experienceMany were coastal residents from the larger cities, not the rural areasRhode Island didn’t send delegatesSupported individual freedom and states’ rights
50 The Philadelphia Convention, continued Philosophy into ActionHuman NaturePolitical ConflictObjects of GovernmentNature of Government
51 Organization George Washington presided over the meetings One vote for each state on all questionsSimple majority vote of states would make decisionsKeep public and press uninformed so delegates could talk freely
53 Key Agreements All favored limited gov’t and representative gov’t Powers divided among leg, exe, and jud branchLimited power of states to coin money and interfere with creditors’ rightsMust strengthen the national gov’t
54 The Agenda in Philadelphia Equality and Representation of the StatesVirginia PlanEdmund Randolph (Virginia) introduced 15 resolutions James Madison draftedStrong national legislature with two chambersLower chosen by the people, upper chosen by lower chamberLegislature could decide if state laws unconstitutionalStrong national executive chosen by national legislatureNational judiciary appointed by legislatureDelegates of small states realized large states (large populations) would control the national gov’t
55 The Agenda in Philadelphia Equality and Representation of the StatesNew Jersey PlanWilliam Paterson (New Jersey) made a counterproposal that kept major features of Articles of Confederation (Amend Articles)Unicameral legislature with one vote for each stateStrengthened to have power to impose taxes and regulate tradeWeak executive consisting of more than one person elected by CongressNational judiciary with limited power appointed by executiveDeadlocked over representation of states in CongressRep based on population (favors large states) or rep be equal (favors small states)
56 The Agenda in Philadelphia Equality and Representation of the StatesConnecticut CompromiseRoger Sherman and delegates from Connecticut developed the ideaHouse of Rep based on pop of statesAll revenue laws-taxing and spending money-begin in HouseSenate equal for each stateState leg would elect two SenatorsAmendment 17 (1913): directly elected by SenatorsSlavery and the Three-Fifths CompromiseHow is representation in the House determined when looking at slave population (1/3rd slave in South)Southern states want slaves to = free people when determining rep in the HouseSouthern states don’t want slaves to = free people when determining taxesNorthern states took the exact opposite view on these issues (few slaves)Settles by counting only 3/5ths of enslaved people for taxes and representation
57 Commerce CompromiseNorthern states wanted gov’t to completely control trade with other nationsSouthern states feared business interests in North may have enough votes to est trade agreements that would hurt themSouth also feared North would interfere in slave tradeDelegates decided Congress couldn’t ban slave trade until 1808Congress could regulate both interstate commerce (trade among states) and foreign commerceTo protect the South, Congress couldn’t tax exports
58 Slave-Trade Compromise Constitution only notes that slaves escaping to a free state could be returned to owner (Article IV, Section 2)Many Northern states outlawed slaveryDelegated knew Southern states wouldn’t accept the Constitution if it interfered with slaverySlavery was one of the issues brought to the forefront during the Civil War
59 Other CompromisesShould the president be elected directly by the people, by Congress, or by state legislatures?Electoral College created, which allows each of the major parties to select electors that will cast the official vote in D.C. once the popular vote is tallied in each state
61 The Agenda in Philadelphia The Economic IssuesStates had tariffs on products from other statesPaper money was basically worthlessCongress couldn’t raise moneyActions taken:Powers of Congress to be strengthenedPowers of states to be limited
62 The Agenda in Philadelphia The Individual Rights IssuesSome were written into the Constitution:Writ of habeas corpusNo bills of attainderNo ex post facto lawsReligious qualifications for holding office prohibitedStrict rules of evidence for conviction of treasonRight to trial by jury in criminal casesSome were not specifiedFreedom of speech / expressionRights of the accused
63 The Madisonian Model Limiting Majority Control Separating Powers Creating Checks and BalancesEstablishing a Federal System
64 The Madisonian ModelThe Constitution and the Electoral Process: The Original Plan (Figure 2.2)
66 The Madisonian Model The Constitutional Republic Republic: A form of government in which the people select representatives to govern them and make laws.Favors the status quo - changes are slowThe End of the BeginningThe document was approved, but not unanimously. Now it had to be ratified.
67 Ratifying the Constitution Needed 9 of the 13 states to ratify itThe Constitution went in to effect on June 21, 1788 when New Hampshire was the ninth state to ratify itUnanimously ratified May 29, 1790 when Rhode Island ratified it
69 Federalists vs. Anti-Federalists Claimed anarchy or political disorder would triumph without a strong national gov’tStrong central gov’t could only protect the new nationBill of Rights not needed since the state constitutions already had a bill of rightsAnti-FederalistsFeared a strong national gov’t (power taken from the states)Felt it was drafted in secrecyDocument extralegal, not sanctioned by law since the Convention had been authorized only to revise the old ArticlesConstitution lacked a Bill of Rights (Patrick Henry)The Federalists promised to add a Bill of Rights to gain the support of the Anti-Federalists
71 Ratifying the Constitution Without Virginia and New York approving the Constitution, the new gov’t wouldn’t surviveJames Madison, George Washington, and Edmund Randolph helped convince Virginia to accept the document on June 25, 1788Alexander Hamilton, John Jay, and James Madison published 80 essays (Federalist Papers) supporting the Constitution in New York (accepted July 26, 1788)A collection of 80 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the ConstitutionFederalist #10 and #51New York City was the location of the nations’ first capital, Washington was elected President, and John Adams was the ViceMarch 4, 1789 Congress met for the first time in Federal Hall in New YorkCongress approved 12 of James Madison’s amendments and the states ratified 10 of them in 1791 (Bill of Rights)
72 StructurePREAMBLE“To form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of Liberty”SEVEN ARTICLESAMENDMENTS(see “Student Review Outline Of The Constitution”)
73 Major Principles Popular sovereignty Federalism Separation of powers Checks and balancesJudicial reviewLimited government
78 Constitutional Change The Informal Process of Constitutional ChangeChanging Political PracticeTechnologyIncreasing Demands on PolicymakersCongressional lawsCongressional practicesPresidential practiceJudicial review (judicial activism v. judicial restraint)Custom and Usage
79 Understanding the Constitution The Constitution and DemocracyThe Constitution itself is rarely described as democratic.There has been a gradual democratization of the Constitution.The Constitution and the Scope of GovernmentMuch of the Constitution limits government.The Constitution reinforces individualism, yet encourages hyperpluralism.
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