First Constitution: Articles of Confederation Written after the Revolutionary war by Congress Confederation among states –Unicameral (one house of Congress) –One vote per state –No Executive or Judicial Branches

Articles of Confederation Powers of Congress: mostly related to defense No power to tax, regulate trade, or make states obey Congress Economic chaos

Constitutional Convention Philadelphia, 1787 Washington President of Convention

Virginia Plan – favored large states Strong Federal Government Three Branches of Government Number of votes in Legislature is based completely on population of states

New Jersey Plan – favored small states Strong Central Government Only one Branch, the Legislative Each state has equal representation regardless of population

Connecticut (Great) Compromise Combined both plans; present Constitution Three Branches, strong Fed Gov Representation based on population in the House but equally represented in the Senate

3/5 Compromise South: count slaves in their population North: No way! Comp: Each slave counts as 3/5 of a person for taxation and representation

Agree… IF personal rights were preserved and guaranteed!

“If Men were angels, Government wouldn’t be necessary. If angels were to govern men, neither external or internal controls on government would be necessary.” ~ James Madison

Federalists Strong Central Government shares power with States Delegated, Reserved, and Concurrent powers Alexander Hamilton –War debt

Anti-Federalists Feared a strong central government Liked the Articles of Confederation in theory Keep the power in the states Thomas Jefferson Compromise: Bill of Rights

Popular Sovereignty Government needs consent from the people The People created the government “government of the people for the people by the people” ~Abraham Lincoln Gettysburg Address Gettysburg Address

Limited Government Government may only do things that the people have given it power to do Government officials are not above the law Impeachment Voted out Appointments denied by Senate

Concept 1: Separation of Powers A way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to different constituencies.

Separation of Powers Legislative Branch exists mainly to create and pass laws Executive Branch mainly enforces laws Judicial Branch mainly interprets laws

Concept 2: Checks and Balances A government structure that gives each of the three branches of government some degree of oversight and control over the actions of the others

Checks and Balances Each branch is restrained by the other branch to prevent power from being too centralized

Examples of Checks/Balances Congress can impeach a President President can veto acts of Congress Congress can over-ride a veto President can pick Supreme Court Justices Congress must confirm Court choices Supreme Court can rule any act of either branch unconstitutional

Concept 3: Federalism System of government in which power is divided between the national government and the state governments and in which independent states are bound together under one national government

Federalism The division of power among a central government and local governments US: Local, State, and Federal governments

Concept 4: Limited Government A type of government in which its functions and powers are written, limited, and restricted by law to protect the citizenry. National Government May not violate the Bill of Rights May not impose export taxes among states May not use money from the Treasury without the passage and approval of an appropriations bill May not change state boundaries State Government May not enter into treaties with other countries May not print money May not tax imports or exports May not Impair obligations of contracts May not suspend a person's rights without due process

Concept 5: Judicial Review The Judicial branch can rule any act of government unconstitutional Marbury V. Madison established this power

Examples of Judicial Review Brown v. Board of Education: Court rules that segregation is unconstitutional Roe v. Wade : Court rules that anti- abortion laws are unconstitutional US v Nixon: Court orders Nixon to hand over Watergate tapes Bush v Gore: Court orders state of Florida to stop counting ballots in ’00 election

Cartoon #1 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #2 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #3 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #4 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Basic Powers of Government

Constitution gives 3 different kinds of powers to the legislative branch: Delegated Powers – specifically expressed for the Federal Government –War Declaring Raise and Maintain and Army –Money –Coin Money –Patents/Copyrights

Implied Powers What is reasonable? Elastic clause: –Congress may… “make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested… in the government of the United States”

Reserved Powers Powers not mentioned in Const. go automatically to the states –Schools –State laws –Local Gov. and elections **State Gov. regulates their own affairs**

Concurrent Powers Concurrent Powers – Both are allowed –Tax –Spend –Court Systems –Making and enforcing laws –Provide for the health and welfare of citizens –Borrowing money

Amending the Constitution Must be passed by 2/3 of Congress Must be ratified by ¾ of States There are 27 amendments The first 10 are the Bill of Rights

Informal Amendments Constitution broadly worded – built to last Informal changes – not actually changing the wording 1. Basic Legislation – laws define the Constitution 2. Executive Action – How the President enforces these laws *”Commander in Chief” – Korea, Vietnam, Gulf War, Bosnia, Iraq

3. Judicial Interpretations - Most influential with the power of judicial review

Federalism and the Constitution Today

Federalism Division of Government Power between national and state governments –Marble Cake

Federalism Today… Very Complex!! Overlapping duties – laws and regulations –Ex. National Govt., WI State Govt., Marathon County, Wausau, Rothschild, Schofield, Weston, Rib Mountain, Stettin, Hewitt, Texas, Maine Fed. Funding –Grants/ –Revenue Sharing

Responsibilities of the Federal Government Guarantee to every state that the government will be a republic Keep order and protect states against domestic insurrection –Little Rock 1957 May establish new standards for states to follow (Mandates) (Mandates) –Financial incentives –Ex. Montana

Responsibilities of States Provide militia (National Guard) to the federal gov. Elections of public officials –Senators (state and federal) –President Amendment process

States Responsibilities to each-other Full Faith and Credit Clause – recognition of public acts, records, and judicial proceedings of other states –Marriage –Business Contracts –Loans

Extradition – Alleged criminal should be returned to the state for trial or imprisonment

Challenges… Hamilton vs. Jefferson – National Bank How much power should the Federal Govt. have in relation to the states?

Civil War States Rights for slavery –Federal Law declared unconstitutional – don’t have to follow Seceding from the Union –Government formed by states, could be dissolved