Constitutional Convention: Three Areas of Conflict x Representation Slavery Nature of national government x kkkkkkkkkk

Nature of National Government kkkkkkkkkk What should be the structure of national government? How should members of the government be chosen? What are the powers of the institutions of government? National, regional, local government How do these parts interact?

Nature of National Government: Mechanisms Bill of Rights Federalism Separation of Powers/Checks and Balances kkkkkkkkkk

Bill of Rights First ten amendments (changes) to the Constitution Not created in Philadelphia One of first actions of new government (1789/1791) BOR was “price” paid to Anti-Federalist forces kkkkkkkkkk

Bill of Rights Congress shall make no law … Limitations on the national government Freedom of speech, press, religion, right to lawyer, etc. Did not apply to state governments until 20th century (selective incorporation) Return to in Chapter 4 kkkkkkkkkk

Bill of Rights kkkkkkkkkk Citizens National Government

Federalism kkkkkkkkkk Carefully dividing power between national government and state governments

Madisonian Federalism “few and defined” “broad and expansive”

Madisonian Federalism 1) Enumerated/express powers 2) Powers forbidden to national government (Article I, Sec. 9) 2a) Bill of Rights 3) Powers forbidden to the state governments (Article I, Sec. 10) 4) Supremacy clause 5) 10th Amendment Madison said that the powers of the National Government should be FEW AND DEFINED while the powers of the State Governments should be BROAD AND EXPANSIVE

4. Supremacy Clause kkkkkkkkkk

5. 10th Amendment kkkkkkkkkk

Madisonian Federalism Power of the national government has greatly expanded since the 1930s, moved far away from Madisonian model

Separation of Powers /Checks & Balances kkkkkkkkkk Creation of three branches Specifically list powers of each branch (enumerated or express powers)

Separation of Powers /Checks & Balances Each branch has some control over the other branches kkkkkkkkkk

Congress: House and Senate Article I Primary branch Most enumerated powers Most checks Not primary branch of government in 2019 kkkkkkkkkk

Congress: Enumerated Powers Article I, Section 8 Power to tax Power to regulate trade Coin and borrow money Post office and post roads Declare war Raise armed forces Create federal courts Necessary and proper clause kkkkkkkkkk

Congress: Enumerated Powers 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. kkkkkkkkkk

Congress: Checks on President Impeach President Fail to approve judges and executive appointees Fail to pass legislation Override pres’l veto kkkkkkkkkk

Congress: Checks on Supreme Court Impeach Justices Fail to confirm nominees to serve on court Change jurisdiction of SC kkkkkkkkkk

President and Executive Branch Article II Secondary branch Fairly modest list of powers (many shared with Congress) kkkkkkkkkk

President: Enumerated Powers Article II, Sec. 2 & 3 Commander-in-chief Grants pardons Suggest legislation State of Union Inquire into actions of executive bureaucracy Treaties (with Senate) Appointments (with Senate) kkkkkkkkkk

President: Checks on Congress Veto laws (which can be overridden by 2/3 Congress) kkkkkkkkkk

President: Checks on Supreme Court Nominates SC justices (must be approved by Senate) kkkkkkkkkk

President Presidency has become a much more powerful institution in last 100 years or so Primary branch today ? kkkkkkkkkk

Supreme Court (Federal Courts) Article III Lists type of cases to come before Supreme Court JUDICIAL REVIEW kkkkkkkkkk

Supreme Court Judicial Review is the power of the Supreme Court to interpret the Constitution; to tell us what it means Judicial Review is NOT an enumerated power It “evolved” in the first 100 years or so of USA kkkkkkkkkk

Supreme Court: Check on Congress Declare congressional laws unconstitutional/invalid, through power of judicial review kkkkkkkkkk

Supreme Court: Check on President Declare presidential actions unconstitutional/invalid, through power of judicial review kkkkkkkkkk

Supreme Court: Check on States Declare state laws unconstitutional/invalid, through power of judicial review kkkkkkkkkk

IS NOT Supreme Court Judicial Review an enumerated/express power kkkkkkkkkk

US Constitution Today Separation of Powers: Presidency Federalism: National Government Bill of Rights: Applied to state governments kkkkkkkkkk

Not in Constitution (or barely there) Political parties Electoral College and election process Media Bureaucracy Campaign Finance Lobbying Movement toward full indirect procedural democracy kkkkkkkkkk

Can this country still govern itself with a document that was created for a very different country and a very different world? kkkkkkkkkk

THE END