1. US Constitution

2. Timeline to Declaration of Independence
 
Magna Carta
1776 l l
1215
DoI

3. Weaknesses of the Articles of Confederation
Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state
Nine of thirteen votes in Congress required for any measure
Delegates to Congress picked, paid for by state legislatures

4. Weaknesses of the Articles of Confederation
Little money coined by Congress
Army small and dependent on independent state militias
Territorial disputes between states led to open hostilities
No national judicial system
All thirteen states’ consent necessary for any amendments

5. The Constitutional Convention
The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation
An entirely new constitution was written, although gathering was authorized only to revise Articles
Primary concern was with defense of liberty as a natural right (Lockean reasoning)

6. Plans and Compromises The Virginia Plan The New Jersey Plan
National legislature with supreme powers
One house elected directly by the people
The New Jersey Plan
One vote per state
Protect small states’ interests
The Great Compromise
House of Representatives based on population
Two senators per state, elected by state legislatures

7. Comparing Plans

8. The Battle over Ratification
Federalists
Supported ratification of the Constitution
Wanted strong central government
Concerned about security and order
Compromised by adding the Bill of Rights
Madison, Hamilton, Jay
Anti-Federalists
Opposed ratification of the Constitution
Wanted states to have power over the federal government
Liberty and check on corruption could be secure only in small republics
Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures
Samuel Adams, Patrick Henry

9. Federalist Papers
Written by Madison, Hamilton, and Jay under the pen name Publius
Called for ratification of the Constitution
Published in New York papers to persuade legislators to ratify the Constitution
Coalitions were more likely to be moderate because they would represent a diversity of interests
Governments should be somewhat distant from the passions of the people
No bill of rights was necessary

10. Federalist No. 10 Madison warned against dangers of factions
Factions: groups of citizens with interests contrary to the rights or interests of others or the community
The causes of factions cannot be controlled (that infringes on liberty); must control the effects of factions
A large republic could best control factions:
Representation would dilute the effects of factions
A large territory would make it difficult for one faction to become a majority (PLURALISM)
In a large territory, it would be difficult for people who shared common interests to find each other 10

11. Federalist #51 Separations of Powers & Checks & Balances!
“Double Security”
Federalism and Separation of Powers
On most powerful branch (Legislative)
Intrabranch Check
Little connection
Different modes of election
"Ambition must be made to counteract ambition."
“If men were angels, no government would be necessary.”

12. Ratification of the Federal Constitution by State Conventions, 1787-1790

13. Ratification

14. Howard Chandler Christy's 1940 painting captures the signing of the Constitution on September 17, In front of George Washington, Benjamin Franklin is flanked by Alexander Hamilton and the “Father of the Constitution,” James Madison. (Source: Library of Congress.)

15. The Constitution and Slavery
House of Representatives Apportionment: 3/5 Compromise
Congress could not prohibit slave trade before 1808
Fugitive Slave Clause

16. Amendment Process

17. Key Principles of Government
Founders did not intend to create a direct democracy
Separation of Powers: between branches
Federalism: power divided between national and state governments

18. Separation of powers & checks and balances
Separation of powers: the institutional arrangement that assigns judicial, executive, and legislative powers to different persons or groups, thereby limiting the powers of each
Checks and balances: the principle that allows each branch of government to exercise some form of control over the others
Article I sets up legislature
Article II sets up executive
Article III sets up judiciary

20. Cupcake Rule
You may not ask about, think about, talk about, look at, drool over, smell, touch, bump, or anything else you can think of, into the cupcakes that do not exist.
Penalty: Loss of cupcake – FOREVER!
Rule will be negated once your group can tell me why you have the cupcakes and what they mean. Only one guess per 10 mins. Your group may not share answers with other groups.

21. Federalism

22. Governmental Structure
Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protected
Unitary System: local governments are subservient to the national government

24. Lines of Power in Three Systems of Government
Insert figure 3.1, but just the drawing of the federal system (the one in the middle)

25. Lines of Power in Three Systems of Government
Insert figure 3.1, but just the drawing of the federal system (the one in the middle)

26. Lines of Power in Three Systems of Government
Insert figure 3.1, but just the drawing of the federal system (the one in the middle)

27. Federalism: A Bold New Plan
No historical precedent
Supremacy clause: constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land
Tenth Amendment was added as an afterthought to clarify the limits of the national government’s power

28. Three Categories of Powers
Enumerated powers
given to national government exclusively
Reserved powers
given to states exclusively
Concurrent powers
shared by both national and state governments

30. Enumerated powers of Congress: congressional powers specifically named in the Constitution

31. Federalism Over Time Layered Cake v. Marble Cake
Dual federalism: Both national and state governments are supreme in their own spheres, which should be kept separate
Historically
Cooperative federalism: national and state governments share responsibilities for most domestic policy areas
today
Supreme Court has strengthened states’ rights in several recent cases

32. Reasons for the Rise of the National Gov’t over State Gov’t
Necessary and Proper Clause
Elastic Clause
Commerce Clause
Grants
Mandates
Taxing Power

33. Necessary & Proper Clause
Article One, Section 8, Clause 18: “The Congress shall have Power - 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 or Officer thereof.”
Constitutional authorization for Congress to make any law required to carry out its powers; also known as the elastic clause
McCulloch v. Maryland

34. McCulloch v. Maryland Could Congress charter a national bank?
Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause)
Could states tax the national bank?
No, because “the power to tax is the power to destroy” (National Supremacy)

35. Commerce Clause Article I, Section 8, Clause 3:
“The Congress shall have power To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;”
Gibbons v. Ogden
Heart of Atlanta Hotel v. US
US v. Morrison & US v. Lopez

36. Grants
Categorical grants - for specific purposes defined by federal law
often require local matching funds
Block grants - devoted to general purposes with few restrictions
states preferred block to categorical grants

38. Federal Aid
Conditions of aid: tell state governments what they must do if they wish to receive grant money
Examples:
Highway $$$
South Dakota v. Dole
NCLB, RTTT

39. Federal Grants to State and Local Governments, 1984-2004
Insert figure 3.3

40. The Changing Purpose of Federal Grants to State and Local Governments
Insert figure 3.2

42. Federal Control
Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid
Funded vs Unfunded
Most deal with civil rights or the environment
Growth in the past couple decades

43. Examples of Mandates Funded Mandate Unfunded Mandate
Medicaid (healthcare for poor)
Unfunded Mandate
Americans with Disabilities Act (1990)
Clean Air Act of 1970
Gun Background checks

44. Taxes and Spending (Fiscal Policy)
Article One, Section 8, Clause 1:
“The Congress shall have Power To lay and collect Taxes”
Article I, Section 9, Clause 7
“No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;”

45. Spending (Power of the Purse)
Obamacare
(National Federation of Independent Business v. Sebelius -2012)
No healthcare = tax
Social Security

46. The Devolution Revolution
Devolution initiatives returned program management to the states, with some federal guidelines, but there is no guarantee of federal support
Block grants fund entitlements
Devolution proponents harbor a deep-seated ideological mistrust of federal government and believe that state governments are more responsive to the people

47. Positives and Negatives of Federalism
Negative view: Federalism blocks progress and protects powerful local interests
Positive view: Federalism contributes to governmental strength, political flexibility, and fosters individual liberty
Federalist #10: small political units allow all relevant interests to be heard
Federalism increases political activity