1. Constitutional Underpinnings
Final Review Unit 1
Constitutional Underpinnings

2. Enlightenment Philosophers: Locke, Hobbes, Rousseau
Enlightenment was an 18th Century movement that began in Western Europe
Thomas Hobbes and John Locke believed that human life would be chaotic and unsafe without government
Locke believed all were entitled to natural rights of life, liberty and property
Locke believed people had to give their consent to be governed legitimately; monarchies were unjust

3. The Articles of Confederation
Articles were the predecessor to the Constitution—first form of gov’t in America
The central government was WEAK
Shay’s Rebellion—a 6 month rebellion by armed farmers attacking the federal government in Massachusetts—put pressure on leaders to create a new form of government

4. Weaknesses of the Articles of Confederation
Under the Artices, the federal government could NOT
Draft soldiers
Tax citizens (only states could)
Pay off the Revolutionary War debt
Control interstate trade
Had no Supreme Court to interpret laws
Had no national currency
Had no executive branch to enforce national laws

5. The Constitutional Convention
In Philadelphia 1787
Delegates came from the colonies to draft new Constitution; “framers” were pragmatists
Stronger central government was necessary but it needed control, too
Virginia Plan (large states propose)
New Jersey Plan (small states propose)
The Great/Connecticut Compromise creates bicameral legislature

6. Federalists and Anti-Federalists
Acceptance of the Constitution by citizens took some work
Federalists (Madison, Hamilton, Jay) supported the Constitution and strong central government idea
Anti-Federalists (Jefferson) worried that states’ rights would be lost to a too powerful federal government
Fed #10 advocates for a large republic to offset factions and the dangers of wide-spread democracy

7. Constitution Necessary and Proper/Elastic Clause Commerce Clause
Allows Congress to make all laws that they deem necessary and proper to carry out expressed powers
These are so called implied powers
Commerce Clause
Congress has the right to regulate trade between states
Has led to an immense increase in Congress’ powers as commerce means about any interaction b/t states
Judicial Review
Established in Marbury v Madison
Power to interpret and void laws or acts of government, if deemed unconstitutional

8. Federalism Shared power between federal and state government
Federal Government powers are expressed (delegated ) by Constitution or implied or inherent
State powers are reserved (10th Amendment)
If not delegated to federal gov or denied the states, the power goes to states
National / Federal: economy, defense, printing $
States: social / moral laws and issues
Shared powers: taxing, building roads, courts, borrow $
What things can federal gov’t NOT do? States?

9. State Governments Interactions
Full Faith and Credit
Laws in one state are honored by the others
Privileges and Immunities
States can’t discriminate against the residents of other states
Extradition
States that catch fugitives from the law will return them to the state from which they fled

10. Federal Government Relations with the States
Dual Federalism – The way it was
States and Federal government operate in separate spheres
Like a layer cake
Cooperative Federalism-the way it is today
Federal government is deeply intertwined with states
Mostly through fiscal federalism—money provided for things the states need
Categorical grants-Federal gov’t grants money with conditions states must meet
Block grants—states have more discretion to spend $ as they want/need

11. Advantages and Disadvantages to Federalism
Lack of consistency on laws and policies
Inefficiency—duplication, contradictory policy
Over-government—too many officials; possible corruption
Advantages:
Mass participation / voting for all
Regional independence / flavor
Government at many levels for better connection between citizens and elected officials
Innovative methods an be tried and expanded

12. Separation of Powers Executive Branch: Legislative Branch
President and staff carry out the laws of Congress
Legislative Branch
Has most expressed powers of any branch
Makes laws
Taxes, drafts military, regulates commerce
Judicial Branch
Interprets laws of Congress and acts of executive branch

13. Checks and Balances Executive Branch: Legislative Branch
Nomination of judges, cabinet officials and ambassadors
Negotiation of treaties
Enacting Laws
Veto
Legislative Branch
Declare war
Approve presidential appointments and treaties
Veto override
Judicial Branch
Judicial review—interpret laws of Congress and acts of executive branch for constitutionality; can void these if unconstitutional

14. Amendment Process 27 Amendments passed so far
Process is difficult—requires national government (Congress) AND states to amend
26 Amendments have been passed this way:
2/3 of Congress proposes the Amendment
¾ of states ratify (accept) it by a vote of their state legislatures
*Repeal of Prohibition had ¾ of states ratify in state conventions (a vote of citizens in states) rather than state legislatures

15. Bill of Rights First 10 Amendments of the Constitution
Most important civil liberties exist here
The US Constitution provided very few protections for citizens from gov’t
1st A: Freedom of religion, speech, press…
4th A: No illegal search and seizure
5th A: No self incrimination (remain silent)
6th A: Right to an attorney, trial by jury
8th A: No cruel and unusual punishment