Unit 1 Review PowerPoint Constitutional Underpinnings of the United States Government

The Colonial Mind At first thought they could remain citizens, then saw the need for independence Believed English politicians were corrupt (explained why English Constitution didn’t guarantee liberty) Essential Liberties = Life, Liberty, Property Americans saw the conflict as a war of ideology (rather than economic issues) Declaration of Independence -makes the case for independence -discusses 27 complaints against King George III Post Revolution America and AOC

The Real Revolution? Revolution began before the war and continued after Was really a change in ideas of the people – a new vision of what would make political authority legitimate and secure personal liberty -would require the consent of the people -power the result of a direct grant from a constitution -Govt must respect human liberty -Legislative branch would be superior to executive Post Revolution America and AOC

Weaknesses of the Articles of Confederation Govt couldn’t tax or regulate trade Army depended on state militias Couldn’t enforce anything No way to solve inter-state conflicts States were sovereign Post Revolution America and AOC

Convention set for May 1787 in Philadelphia Advertised as a revising of the AoC, but ended with an entirely new Constitution Had state constitutions as models – Pennsylvania- radically democratic, unicameral legislature, no governor (example of tyranny by concentrating powers- disenfranchised Quakers) – Massachusetts – less democratic, weak, separation of powers, governor elected, judges serve for life, officials must swear they are Christian, citizen=property owner The Constitutional Convention

How to create a government strong enough to preserve order but not so strong as to threaten liberty Washington selected as President, Virginia delegation introduced the draft created by Madison (who also took detailed notes of the convention) Split on many issues: -strong national but limited authority, monarchy, trust common man, claims to western lands The Challenge: The Constitutional Convention

Strong national union with three branches Legislative branch made up of two houses, one elected by people, second selected by first house Executive selected by legislature, judiciary appointed by legislature National legislature had supreme powers on all matters separate states couldn’t act on and could veto any state laws The Virginia Plan The Constitutional Convention

Amended Articles of Confederation Each state had one vote, regardless of population -big issue for small states Congress able to regulate trade and impose taxes Several people, elected by Congress, would form executive branch *If introduced first it probably would have passed, but delegates were already considering the Virginia Plan The New Jersey Plan The Constitutional Convention

aka the Great Compromise or the Connecticut Compromise House of Representatives based on population, elected by the people Senate with two Senators per state, chosen by state legislatures The Compromise The Constitutional Convention

Electoral college (Congress appoints vs. direct election) Presidential term (3, 7, life?) Selection process of Supreme Court justices (Senate vs. Pres) No export taxes (South insisted) 3/5 compromise Plan adopted July 16, 1787 Went into effect March 4, 1789 Other Compromises The Constitutional Convention

Constitutional Structure Preamble Articles – I Legislative Branch – II Executive Branch – III Judicial Branch – IV Relations Among States – V Methods of Amendment – Article VI National Supremacy – VII Ratification Currently 27 Amendments (First 10 = BOR) Constitutional Structure

Principles of the Constitution Key Principles – Separation of powers – Federalism The Constitution and Democracy (Principles of the Constitution)

Principles of the Constitution Separation of Powers -enumerated powers (delegated): given exclusively to national govt. -reserved powers: given exclusively to the states -concurrent powers: shared Federalism: Political authority divided between national and state govts. The Constitution and Democracy (Principles of the Constitution)

Main Debate Would the Constitution protect personal liberties?? Federalist: YES Anti-Federalists: NO Side note: Process of ratifying Constitution is illegal since AoC still governs…only need 9 states, not all. The Constitution and Democracy (Principles of the Constitution)

The Federalists Strong central government- big enough that different interests would need to form coalitions and benefit a variety of interests Defend Constitution Republican form of government No Bill of Rights- if specifics listed, leaders could do anything not mentioned Madison, Hamilton, Jay The Constitution and Democracy (Principles of the Constitution)

The Federalists Advantages – More positive name – Had attended convention so knew about the deliberations (Anti-Feds not there since it wasn’t open to the public) – Time, money, power (had best access to communication since they were mostly wealthy bankers, lawyers, merchants, etc.) The Constitution and Democracy (Principles of the Constitution)

The Anti-Federalists Constitution written by aristocrats, would lead to aristocratic tyranny Constitution would create a too-powerful central government hostile to personal liberty Need a Bill of Rights Strong national government too distant from the people, would absorb the powers of the states Patrick Henry, Samuel Adams The Constitution and Democracy (Principles of the Constitution)

The Anti-Federalists Advantage – Stood for the status quo – there is always a greater burden upon those advocating change The Constitution and Democracy (Principles of the Constitution)

Need for a Bill of Rights Constitution obviously would not be ratified without a BoR One finally promised, after much bitterness Constitution ratified (NH 9 th state, ratified June 1788) BoR ratified by states and went into effect 1791 The Constitution and Democracy (Principles of the Constitution)

Federalism: Good or Bad? Arguments FOR Federalism: – Allows continuation of government’s strength, flexibility and individuals’ liberty – In big countries, can “farm out” functions to states – Size can make it impractical to locate all political authority in one place – Brings government closer to people (more direct access to and influence on government) The Structure and Meaning of Federalism

Federalism: Good or Bad? Arguments AGAINST Federalism: – Allows too much power to states “parasitic and poisonous” – Way for powerful state and local interests to block national plans – Americans suffer from inequalities across states – Potential for expansion of national powers at states’ expense The Structure and Meaning of Federalism

Elastic Language Constitution is very vague since it would have taken too long at the convention to write everything clearly NECESSARY AND PROPER CLAUSE (aka Elastic Clause): Founders couldn’t make an exhaustive list of Congressional powers, so included this clause *THIS BECOMES VERY IMPORTANT* The Structure and Meaning of Federalism

McCulloch v. Maryland 1819 =federal supreme Court answered two questions that expanded the powers of Congress and confirmed the supremacy of the national government 1)Does Congress have the right to set up a bank? - Yes - Though not listed as a power in the Constitution, the powers listed can be interpreted - Granted through the Necessary and Proper Clause 2)Can a federal bank be taxed by the states? - No - U.S. established not by the states, but by the people, and so it is supreme in its powers - States may not tax any federal institution, so Maryland law unconstitutional The Structure and Meaning of Federalism

Gibbons v. Odgen = federal has power over interstate commerce Issues in case How should commerce be defined? Does the national government power to regulate interstate commerce extend to commerce within a state? Is the power to regulate interstate commerce national or concurrent? Ruling Commerce = all business including navigation and transport of people Commerce power of the national government can be exercised in state jurisdictions Regulating interstate commerce an exclusive national power Gibbons could not be prohibited from operating in interstate waters (HA! You thought this was about commerce, when really it was about federalism!!) The Structure and Meaning of Federalism

Federal-State Relations Dual Federalism Cooperative Federalism Federal-State Relations

Grants-in-Aid Grants started early (first programs were land grants to finance education) but didn’t really pick up until 20 th century Grants a solution to a dilemma – states wanted access to taxing power, but the federal government couldn’t spend money in ways not authorized by the Constitution If a grant goes to one state, it must go to all states Federal-State Relations

Categorical Grants v. Revenue Sharing Shift from categorical grants to block grants or revenue sharing – Governors and mayors complained about categorical grants because they were too specific – Block grants and revenue sharing supposed to give states and cities more freedom, but doesn’t always work that way CATEGORICAL GRANTS- for specific purposes (ex. building an airport) BLOCK GRANTS- consolidated categorical grants with more general purpose REVENUE SHARING- is distributed money based on a formula with no restrictions Unfair distribution? Now have grants based on distributional formulas, so census extremely important (lose pop. lose $$) Federal-State Relations

Federal Aid and Federal Control Two kinds of federal controls on state governmental activities – Mandates (often result of court decisions) -some create administrative and financial problems – Conditions of Aid- “strings” -in theory: voluntary, but not if the state depends on the money -nothing is free Federal-State Relations

A Devolution Revolution? Devolution = effort to shift governmental functions back to the states Three types of block grants – Operational grants-running state programs – Capital grants- building needed resources – Entitlement grants- helping the needy Second Order- state to local Third Order- increased role of non-profits and private groups in policy implementation Federal-State Relations