American Constitutional Government AP U.S. Government and Politics Unit 1

The Two Questions of Politics Who governs? To what ends?

What is Government? the institutions through which society makes and enforces its public policies governments usually possess 3 types of power:  legislative – those who make laws/policies  executive – those who execute or enforce laws/policies  judicial – those who interpret laws/policies

Theories about the Origins of Government

(1) “Force” Theory state was born out of force as one person or small group exerted its will on others

(2) “Family” or “Evolutionary” Theory one person was the “government” of a family groups of families united as clans clans merged as tribes big turning point?

Development of Agriculture most significant event in the development of human knowledge and development when nomadic tribes discovered agriculture, the state was born division of labor allowed for government, society, and culture to flourish

(3) “Divine Right” Theory 15th through 18th centuries the power to govern derived from God rejected during the Enlightenment and gave way to…

(4) “Social Contract” Theory developed in the 17th century by philosophers Thomas Hobbes, Jean- Jacques Rousseau, and John Locke man began in a “state of nature” (chaos) in which life was “nasty, brutish, and short” at the same time, man was totally free dilemma: how to make life safer and more worthwhile without losing freedom

“Social Contract” Theory Enlightenment thinkers believed man was born with “natural rights” bestowed by a Creator:  a right to life  a right to liberty  a right to his property natural rights needed to be protected

“Social Contract” Theory the Social Contract  the people are to create a government which will be given the necessary power to protect the people’s natural rights  in return, the people are to obey the government’s laws  if the people fail to obey the government, they can lose their property, liberty, or LIFE!  if the government fails to protect the people, the people can replace the government

“Social Contract” Theory government arose out of a voluntary act of a free people the people (not brute force, not gender or familial roles, not God) are the source of power – the true sovereigns SC theory was the basis of the Declaration of Independence and the American Revolution

Declaration of Independence (1776) We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Key Components of the U.S. Constitution

(1) Popular Sovereignty power belongs to the people who entrust it to the government (“We the People…”) government is limited – it can only do what people give it the power to do

The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Do you agree…? “That government is best which governs least.” Henry David Thoreau Civil Disobedience (1849)

Popular Sovereignty originally, Constitution only allowed citizens to directly vote for their representative in the House of Reps later, citizens began voting for electors to Electoral College and their 2 senators

Popular Sovereignty originally, states only allowed white, male, property-owners to vote suffrage (right to vote) has been expanded throughout American history

Expansion of Voting Rights 1820s and 1830s – property requirements were gradually abolished by each state 1870s (15th Amendment) – suffrage granted to African-American males 1913 (17th Amendment) – voters given power to elect their senators

Expansion of Voting Rights 1920 (19th Amendment) – suffrage granted to all eligible females (some states had allowed it earlier) 1964 (24th Amendment) – poll taxes declared illegal 1971 (26th Amendment) – voting age reduced to 18 years old

Expansion of Voting Rights Should 16-year-olds be allowed to vote? Should convicted felons, ex-felons be allowed to vote? Should non-citizen residents be allowed to vote? Other changes to suffrage rights?

(2) Separation of Powers power is divided between 3 branches of government so that no one individual or branch becomes too powerful 3 branches:  legislative – makes laws  executive – carries out, enforces, executes laws  judicial – interprets laws

(3) Checks and Balances to ensure that no one individual or branch becomes too powerful, safeguards are in place so one branch can “check” another L  E L  J E  L E  J J  L J  E

Checks and Balances

(4) Federalism power is further divided between the federal (national) and state levels of government to do this, the Constitution defines which powers belong to the federal government, and which belong to the states, and which belong to both

Federalism 4 types of powers:  delegated (or enumerated)  implied  reserved  concurrent

Delegated Powers belong exclusively to the federal government are explicitly stated in the Constitution include:  power to declare war  power to print and coin money  power to decide cases between states

Implied Powers belong exclusively to the federal government are not stated in the Constitution, but are believed to be implied by one of the delegated powers “necessary and proper” clause include:  power to draft soldiers (power to raise army)  power to punish tax evaders (power to tax)

Necessary and Proper Clause (Congress shall have power to…) make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers… U.S. Constitution, Article I, Section 8

Reserved Powers belong exclusively to the state governments because:  they are not given to the federal government  they are not forbidden to the states are not stated in the Constitution, but derive from the 10th Amendment include:  power to create and maintain public schools  power to regulate marriage  power to grant driver’s licenses

Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Concurrent Powers belong to both federal and state governments include: –power to tax –power to borrow money –power to build roads

(5) Supremacy of National Law “supremacy clause” This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land… U.S. Constitution, Article VI no law, at any level of government, can violate the Constitution

(6) Civilian Control of the Military the commander-in-chief of the armed forces, the president, must be a civilian Congress, the representatives of the people, declare war and fund the military 3rd Amendment prohibits the government from requiring the citizens to house troops in peacetime

Third Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

(7) Judicial Review power of the federal courts to review an act of Congress or the president to determine its constitutionality established by Supreme Court’s decision in Marbury v. Madison (1803) courts can also declare a state or local law to be unconstitutional

(8) Amending the Constitution Constitution was made amendable so that it could change as times and circumstances warranted process was made difficult so that changes would not be made arbitrarily or often since 1789, only 27 amendments have been made to the Constitution

Amending the Constitution 1) proposal stage a) 2/3 vote of both houses of Congress b) national convention requested by 2/3 of states 2) ratification stage a) 3/4 of state legislatures approve b) 3/4 of state conventions approve

The Amendment Process

Types of Amendments Bill of Rights (Amendments 1-10)  all ratified in 1791  BR protects citizens’ liberties from the federal government (later, state/local governments) increase popular sovereignty, suffrage restrict power of the federal government increase power of the federal government change structure of government

Amendments that Increase Popular Sovereignty, Suffrage 13th – ended slavery 14th – defines who is a citizen 15th – black male suffrage 17th – direct election of senators 19th – women suffrage 23rd – gave electors to Washington, DC 24th – outlawed poll tax 26th – granted vote to 18-year-olds

Amendments that Restrict Power of the Federal Government Bill of Rights (1st through 10th) 21st – ended Prohibition 22nd – limits president to 2 terms/10 years 27th – waiting period for congressional pay raise

Amendments that Increase Power of the Federal Government 16th – income tax 18th – Prohibition

Amendments that Change the Structure of Government 12th – placed president and vice president on separate ballots 20th – moved president’s inauguration from March 4 to January 20 25th – established the order of presidential succession and rules regarding presidential disability

Supremacy Clause This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding. Article VI, Paragraph 2

Necessary and Proper Clause (Congress shall have power to…) make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers… Article I, Section 8

Commerce Clause (Congress shall have power to…) regulate commerce with foreign nations, and among the several states, and with the Indian tribes… Article I, Section 8

General Welfare Clauses The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States… Article I, Section 8 We the People of the United States, in Order to… promote the general Welfare…do ordain and establish this Constitution for the United States of America. Preamble

James Madison on the Welfare Clause “If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress…. Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America.”

Can the government...? force someone to destroy wheat he grew for his own consumption? force a business that has grown so successful that it dominates its industry to break into smaller companies? withhold federal highway funds if a state won’t raise its drinking age (a state power)? Yes; AAA (1938), designed to raise crop prices, upheld citing N&P and IC clauses Yes; Sherman Antitrust Act (1890), prohibits trusts or monopolies that “restrain trade,” citing IC clause Yes; South Dakota v. Dole (1986), citing GW clause

Full Faith and Credit Clause Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Article IV, Section 1

Privileges and Immunities Clause The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Article IV, Section 2

Federalism

Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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South Dakota v. Dole (1987)