THE CONSTITUTION AND FEDERALISM

I. PATH TO THE CONSTITUTIONAL CONVENTION A. States were quarreling, dealing with other nations, making their own money, etc. B. Large debt from the Rev. War remained C. Economy was struggling D. Business people wanted more regulations, banking rules, paper money

G. Annapolis Convention E. Shay’s Rebellion 1. Massachusetts farmers rose up against foreclosures, poll and land taxes; rebellion frightened many and led to calls for a stronger government G. Annapolis Convention 1. was held in 1786 to develop a stronger government 2. 5 states sent delegates

THE CONSTITUTIONAL CONVENTION II. THE CONSTITUTIONAL CONVENTION A. Began in May 1787 with the purpose of revising the Articles of Confederation; they ended up writing a new document B. James Madison is known as the “father of the constitution” for he wrote the basic plan of government C. Virginia Plan 1. bicameral legislature 2. executive chosen by the legislature 3. national judiciary appointed by legislature D. New Jersey Plan 1. unicameral legislature-one vote per state 2. more than one executive 3. judiciary appointed by the executive

CONVENTION (continued) E. Connecticut Compromise 1. House of Representatives based on population 2. A Senate with two senators for every state-elected by state legislatures F. 3/5 Compromise 1. Slaves were counted as 3/5 of a person for representation and taxation purposes G. Compromise on Commerce and the Slave Trade 1. Congress could ban the slave trade in 1808 2. Congress could regulate interstate commerce and trade with other nations 3. No taxes were allowed on exports

CONVENTION (continued) H. Compromise on presidential election 1. Some wanted him elected by Congress, some by the people, some by state legislatures 2. They settled on the electoral college system in which each state selects electors who vote for president

III. STRUCTURE OF THE CONSTITUTION A. Preamble B. Articles I. Legislative Branch II. Executive Branch III. Judicial Branch IV. Relations between the states V. Amending procedure VI. National supremacy VII. Ratification C. Amendments 1. Bill of Rights (1-10): all in 1791 2. Amendments 11-27: since 1791

IV. FIGHT OVER RATIFICATION A. Federalists 1. Favored the Constitution, strong central government 2. Main support came from merchants, those in cities, and on the coasts 3. Thought a bill of rights weren’t necessary but eventually went along with them B. Anti-Federalists 1. Main support came from inland farmers who feared a strong central government 2. Thought the Constitution was extralegal, crafted in secrecy, and got rid of the Articles of Confederation 3. Thought important powers were taken away from the states 4. Were upset at the lack of a Bill of Rights C. The Federalist Papers-Madison, Hamilton, Jay 1. newspaper articles that supported ratification

D. 9th state ratified the Constitution in 1788 but New York and Virginia still had not E. A Bill of Rights was added to the document to help win their ratification

V. MAJOR PRINCIPLES OF THE CONSTITUTION A. federalism-division between the central government and the state governments B. separation of powers-power divided between three branches C. checks and balances-each branch exercises some control over the others D. popular sovereignty-rule by the people E. judicial review-the power of the Supreme Court to rule laws or actions of any government in the US unconstitutional F. limited government-the power of the government is not absolute

VI. INFORMAL CHANGES A. The process by which changes are made in how the Constitution is applied but doesn’t lead to changes in the written word of the document 1. basic legislation-Congress passes basic laws that have filled in the vagueness of the Constitution; ex.: creation of the courts 2. executive action-president makes executive agreements with other countries, initiates use of the military 3. court decisions-courts interpret and apply the Constitution 4. party practices-parties weren’t mentioned in the Constitution and neither was nominating candidates 5. custom-president having a cabinet-not in the document, presidents serving only two terms up to FDR

FEDERALISM

I. NATIONAL POWERS A. Expressed powers-powers that are directly stated in the constitution Ex.: levy taxes, coin money, make war, etc. B. Implied powers-powers the government requires to carry out the expressed constitutional powers Comes from the elastic clause in Article I C. Inherent powers-powers that the national government may exercise because it is the government

II. THE STATES AND THE NATION A. Reserved powers-powers that belong strictly to the states B. Supremacy clause-makes US actions and treaties supreme, the supreme law of the land McCulloch v. Maryland (1819)-in a conflict between a state government and the national government, the national government is supreme C. Concurrent powers-powers that both the national and state governments have

III. GUARANTEES TO THE STATES A. Republican form of government B. Protection from invasion and domestic violence C. Respect for their territorial integrity

IV. ADMISSION OF NEW STATES A. Is the power of Congress B. Congress and the president set the conditions C. Each state is equal to every other state

V. INTERSTATE RELATIONS A. States must recognize the laws and proceedings of other states-called “full faith and credit” B. States must treat citizens of other states equally- “privileges and immunities” C. Interstate compacts-agreements between states to settle conflicts and problems but they must be approved by Congress

VI. DIFFERENT VIEWS OF FEDERALISM A. States’ rights position-the national government is an agent of the states and should have narrowly defined powers B. Nationalist position-people created the national government, not the states, and the government should expand to carry out the will of the people

VII. GROWTH OF THE NATIONAL GOVERNMENT A. The constitution’s flexibility has allowed it B. The Supreme Court has stretched the power of Congress to cover many different activities. C. The taxing power has been used to expand the national government.

VIII. FEDERAL AID TO THE STATES A. The federal government provides money to the states in grants-sums of money for a variety of purposes B. Congress can use preemption laws to assume responsibility for state functions 1. restraints-requirements set by Congress that prohibit a state or local government from exercising a certain power 2. mandates-federal orders requiring states to provide a service