The Constitution 2

Video: The Big Picture IA_1/polisci/presidency/OConner_Ch02_The_Constitution_ Seg1_v2.html 2

Learning Objectives Trace the historical developments that led to the colonists’ break with Great Britain and the emergence of the new American nation Identify the key components of the Articles of Confederation and the reasons why it failed

Outline the issues and compromises that were central to the writing of the Constitution Analyze the underlying principles of the Constitution Learning Objectives

Explain the conflicts that characterized the drive for ratification of the Constitution Distinguish between the methods for proposing and ratifying amendments to the Constitution Learning Objectives

Video: The Basics IA_1/polisci/presidency/Seg2_Constitution_v2.html 2

Roots of the New American Nation  Trade and Taxation  First Steps Toward Independence  First Continental Congress  Second Continental Congress  Declaration of Independence 2.1

Trade and Taxation  Mercantilism Strict import/export controls Widely ignored  Costly French and Indian War New taxes on sugar (Sugar Act) and paper items (Stamp Act)  “No taxation without representation” 2.1

Why was Samuel Adams important? 2.1

First Steps Toward Independence  Stamp Act Congress formed to address grievances  Boston Massacre 2.1

What really happened at the Boston Massacre? 2.1

First Steps Toward Independence  Committees of Correspondence build public opinion against Britain  Boston Tea Party  Coercive Acts (Intolerable Acts) Quartering of British troops 2.1

First and Second Continental Congresses  First Continental Congress (Sept. 1774)  Battle of Lexington and Concord  Second Continental Congress (May1775) Olive Branch Petition (July 5, 1775)  Thomas Paine’s Common Sense 2.1

Declaration of Independence  Committee of Five  Thomas Jefferson – principal author  John Locke Social contract theory Life, liberty, and property 2.1

2.1 What was the main grievance of the Stamp Act Congress? a.The Stamp Act barred the colonists from using their own stamps b.The Stamp Act included the taxing of books and playing cards c.The taxes imposed by the British had a religious context and therefore conflicted with the separation of church and state d.The British Parliament had no authority to tax the colonists without colonial representation in that body

First Attempt at Government: The Articles of Confederation  Problems Under the Articles of Confederation  Shays’s Rebellion 2.2

Problems Under the Articles of Confederation  No power to tax  No power to regulate commerce  No executive to implement laws  No judicial system  No coercive power over states 2.2

Shays’s Rebellion  Farmers protest farm foreclosures  Shays and followers shut down court  No state militia to quell the uprising 2.2

What was the result of Shays’s Rebellion? 2.2

2.2 What type of government did the Articles of Confederation create? a.Direct democracy b.Confederacy c.Republic d.Federal government

Miracle at Philadelphia: Writing the U.S. Constitution  Characteristics and Motives of the Framers  Virginia and New Jersey Plans  Constitutional Compromises  Unfinished Business: Executive Branch 2.3

Characteristics and Motives of the Framers  All wealthy white males Mostly young Some slave owners Relatively educated  Social motives Maintain social order which benefited them  Economic motives Maintain property rights which benefited them 2.3

Virginia and New Jersey Plans  Virginia Plan Large states Powerful central government Representation based on population  New Jersey Plan Small states Weak central government Representation by state 2.3

Constitutional Compromises  Great Compromise Bicameral legislature Number of representatives based on population Representatives directly elected States given equal votes in Senate Senators elected by state legislatures  National power supreme 2.3

Constitutional Compromises  Issue of Slavery No limits for 20 years  Three-Fifths Compromise Representation determined by counting slaves as three-fifths of a person Gave southern states more representatives 2.3

Unfinished Business: Executive Branch  One-person executive  4-year term  Electoral College  Impeachment 2.3

2.3 How was the disagreement over the Virginia and New Jersey Plans resolved? a.The Three-Fifths Compromise b.Checks and balances c.Creation of a bicameral legislature d.Electoral College 2.3

U.S. Constitution  Basic Principles of the Constitution  Articles of the Constitution 2.4

Basic Principles of the Constitution  Federalism Power divided between national and state governments National government considered supreme Power derived from the people 2.4

Basic Principles of the Constitution  Separation of Powers Executive branch Legislative branch Judicial branch  Checks and Balances Each branch has powers to check the other two branches 2.4

What are the separation of powers and checks and balances under the U.S. Constitution? 2.4

Video: In the Real World sci/presidency/Seg5_Constitution_v2.html 2.4

How do the Articles of Confederation and the U.S. Constitution compare to one another? 2.4

Articles of the Constitution  Article I: Legislative branch  Article II: Executive branch  Article III: Judiciary branch  Articles IV through VII 2.4

Articles of the Constitution  Article I: Legislative branch Enumerated powers Necessary and proper clause Also called the Elastic clause Implied powers 2.4

Articles of the Constitution  Article II: Executive branch commander in chief authority to make treaties and federal appointments execute the laws faithfully 2.4

Why does the president deliver a State of the Union Address? 2.4

Articles of the Constitution  Article III: Judiciary branch  Articles IV through VII Full faith and credit Supremacy clause Amendment process 2.4

2.4 Which clause makes federal laws supersede conflicting state laws? a.Necessary and proper clause b.Full faith and credit clause c.Elastic clause d.Supremacy clause

Drive for Ratification of the Constitution  Federalists versus Anti-Federalists  The Federalist Papers  Ratifying the Constitution  Bill of Rights 2.5

Federalists Versus Anti- Federalists  Federalists favoured strong national government  Anti-Federalists favoured strong state governments  Ratification process was contentious 2.5

The Federalist Papers  85 essays by Federalists Alexander Hamilton (51) James Madison(26) John Jay(3) Appeared in New York newspapers Theoretical, scholarly  Anti-Federalists responded with critique of Constitution 2.5

Ratifying the Constitution  Delaware first state  Small states first  New Hampshire 9th state  New York and Virginia 2.5

The Bill of Rights  Condition of ratification Sought by Anti-Federalists to protect civil liberties  First ten amendments to Constitution 2.5

TABLE 2.2: What were the differences Between the Federalists and the Anti-Federalists? 2.5

2.5 What did the Anti-Federalists fear? a.A strong national government b.A weak national government c.Strong state governments d.Limited taxing power

Toward Reform: Methods of Amending the Constitution  Formal Methods of Amending the Constitution  Informal Methods of Amending the Constitution 2.6

Formal Methods of Amending the Constitution  Proposal Two-thirds members of both houses Two-thirds of state legislatures Never used  Ratification Vote in state legislature Vote in ratifying convention 2.6

FIGURE 2.2: How can the U.S. Constitution be amended? 2.6

Which is the only constitutional amendment to be repealed? 2.6

Informal Methods of Amending the Constitution  Judicial interpretation Supreme Court can decide if laws are unconstitutional  Social and cultural change Legislation can alter balance of power between government and states  Technological change Media is redefining free speech 2.6

2.6 Which of the following is an informal method of amending the Constitution? a.Ratification by two-thirds of states b.Presidential decree c.Legislative oversight d.Judicial interpretation

Video: So What? _1/polisci/presidency/OConner_Ch02_The_Constitution_Seg 6_v2.html 2

3 The Federal System

IA_1/polisci/presidency/OConner_Ch03_Federalism_Seg1_ v2.html 3 Video: The Big Picture

Trace the roots of the federal system and the Constitution’s allocation of powers between the national and state governments Determine the impact of the Marshall Court on federalism Learning Objectives

Describe the emergence and decline of dual federalism Explain how cooperative federalism led to the growth of the national government at the expense of the states Learning Objectives

Describe how the federal budget is used to further influence state and local governmental policies Explore the role of the judiciary as arbiter of federal–state conflicts Learning Objectives

Assess the challenges in balancing national and state powers and the consequences for policy making Learning Objectives

IA_1/polisci/presidency/Seg2_Federalism_v2.html 3 Video: The Basics

Roots of the Federal System  National Powers Under the Constitution  State Powers Under the Constitution  Concurrent Powers Under the Constitution  Powers Denied Under the Constitution  Interstate Relations Under the Constitution  Local Governments Under the Constitution 3.1

National Powers Under the Constitution  Enumerated powers Coin money Conduct foreign relations Provide for army and navy Declare war Collect duties and taxes  Necessary and proper clause (elastic) Enact laws for exercising enumerated powers Implied powers  Supremacy clause 3.1

FIGURE 3.1: Where does governmental authority come from? 3.1

When do national and state governments work together? 3.1

State Powers Under the Constitution  State powers not enumerated  Tenth Amendment Reserved powers 3.1

Concurrent Powers Under the Constitution  Overlapping powers Power to tax Borrow money Establish courts Charter banks Spend money for general welfare 3.1

FIGURE 3.2: How is governmental power distributed in the federal system? 3.1

Powers Denied Under the Constitution  No state favoritism  No titles of nobility  Bills of attainder  Ex post facto laws 3.1

Interstate Relations Under the Constitution  Supreme Court settles disputes  Full faith and credit clause  Privileges and immunities clause  Extradition clause  Interstate compacts 3.1

Local Governments Under the Constitution  No power under Constitution  Operate under state charter (Dillon’s Rule, 1868)  Counties  Municipalities  Towns  Special districts Most numerous form of government 3.1

FIGURE 3.3: How many governments exist in the United States? 3.1

a.The states b.The people c.The president d.The federal legislature (Congress) What is the source of governmental authority in the U.S. federal system?

Federalism and the Marshall Court  Defining National Power: McCulloch v. Maryland (1819)  Affirming National Power: Gibbons v. Ogden (1824) 3.2

Defining National Power: McCulloch v. Maryland (1819)  First Court decision to define national and state government relationship  Could Congress charter a bank?  Could states tax it? 3.2

Affirming National Power: Gibbons v. Ogden (1824)  Congress’s authority under commerce clause disputed Power to regulate just products or commercial activity too?  Ruling: Congress can regulate commercial activity New York had no authority to grant monopoly 3.2

3.2 Which Supreme Court cases restricted the powers of the national government? a.Barron v. Baltimore (1833) b.McCulloch v. Maryland (1819) c.Gibbons v. Ogden (1824) d.None of the above

Dual Federalism: States’ Rights, the Civil War, and Reconstruction  States Assert Their Powers: Nullification  States’ Rights and the Dred Scott Decision  Reconstruction and the Transformation of Dual Federalism  Amending the National-State Relationship 3.3

States Assert Their Powers: Nullification  Nullification States declare federal laws invalid  Alien and Sedition Acts (1798) Unconstitutional  “Tariff of Abominations” (1828)  Southern states use nullification to resist anti-slavery laws 3.3

States’ Rights and the Dred Scott Decision  Dred Scott v. Sandford (1857) Slaves were property, not citizens Congress could not ban slavery in new territories Enhanced states’ power 3.3

Reconstruction and the Transformation of Dual Federalism  Nullification, dual federalism destroyed by Civil War  Reconstruction New state constitutions  Supreme Court limits state power Monopolies outlawed 3.3

How did the relationship between state and federal governments change after the Civil War? 3.3

Amending the National-State Relationship  Sixteenth Amendment Money is power  Seventeenth Amendment (1913) Direct election of senators 3.3

3.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution? a.Supremacy clause b.Necessary and Proper clause c.First Amendment d.Full Faith and Credit clause

Cooperative Federalism: Growth of National Government  Cooperative Federalism Marble cake versus layer cake  Need for National Action Arises: The New Deal 3.4

Need for National Action Arises: The New Deal  Great Depression  New Deal programs increased federal authority States could not solve these problems on their own  Local government involvement  Constitutional challenges 3.4

How did FDR’s actions change conceptions about federalism? 3.4

3.4 What do we call the type of federalism that developed in the 1930s? a.New Deal federalism b.Progressive federalism c.Layer cake federalism d.Cooperative federalism

Federal Grants to State and Local Governments  Categorical Grants  Block Grants  Programmatic Requests 3.5

Categorical Grants  Grants serve 3 purposes Provide funds Address national problems like clean air Redistribute funds between rich and poor states  Categorical grants are for specific purpose 3.5

Block Grants  Block grants less restrictive Give states more discretion in spending funds Devolution revolution 3.5

Unfunded Mandates  No Child Left Behind (2001)  Unfunded Mandates Reform Act of

Who supported scaling back the federal government and increasing the use of block grants? 3.5

Programmatic Requests  Funds earmarked for specific projects within states  Secured by lobbyists or members of Congress for their districts Bringing the pork back home 3.5

3.5 How do block grants differ from categorical grants? a.They provide less money to states. b.They provide more money to states. c.They have fewer restrictions on how they are spent d.They have more restrictions on how they are spent

Judicial Federalism  The Rehnquist Court  The Roberts Court 3.6

The Rehnquist Court  Appointed by Reagan  Committed to states’ rights  Rolled back federal authority U.S. v. Lopez (1995) 3.6

The Roberts Court  Has decided with federal government Immigration Health care reform 3.6

IA_1/polisci/presidency/Seg5_Federalism_v2.html 3.6 Video: In the Real World

From the New Deal until the 1980s, the attitude of the Court toward federal authority was a.To expand it b.To limit it c.To expand it in one or two areas only d.To keep the balance as the Framers intended in the 1780s

Discussion Question Did the Framers intend for federal or state governments to be supreme in the federal system? How has the balance of power between state and federal governments shifted? Why have these changes occurred? 3

IA_1/polisci/presidency/OConner_Ch03_Federalism_Seg6 _v 3 Video: So What?