CONSTITUTIONAL UNDERPINNINGS

Enlightenment Philosophies  Thomas Hobbes  Leviathan- people are “solitary, nasty, poor, brutish…” Need strong leader to control or chaos  John Locke  Second Treatise on Civil Government Life, liberty, property- natural rights Duty of government to respect and protect these rights

 Montesquieu  Spirit of the Laws Separation of powers  Rousseau  Social contract- consent of the governed Enlightenment Philosophies

Articles of Confederation  Strengths  Won the revolutionary war  Northwest Ordinance  Federalism  Weaknesses  Unable to draft soldiers  Unable to collect taxes  Debt  No Supreme Court or Executive Branch

Constitutional Convention  Philadelphia 1787  Virginia Plan  Large states- proportional  New Jersey Plan  Small states- equal  Great Compromise (Connecticut Compromise)  Bicameral  Three-Fifths  Slaves would count as 3/5 of a person

 Federalist  Hamilton, Jay, Madison – Federalist Papers  Federalist #10- advocates for a large republic and warns of true democracy  Anti-federalist  Oppose strong national government  Demand Bill of Rights Constitutional Convention

Constitution  Necessary and Proper Clause  Article 1 Sec 8: Congress can “make all laws” that are “necessary and proper” to carry out delegated powers  aka: Elastic Clause

Federalism  Shared powers between national and state government  Delegated, expressed, enumerated- national powers listed in Constitution Printing money Regulating interstate and international trade Making treaties and conducting foreign policy Declaring war

Federalism  Shared powers between national and state government  Reserved Powers- state powers Amendment 10 Issue licenses Regulate intrastate commerce Conduct elections

Federalism  Shared powers between national and state government  Shared Powers Collect taxes Build roads Operate courts of law Borrow money

Federalism  Full faith and credit clause  States required to accept licenses, contracts from other states  Privileges and immunities  May not refuse protection or access to courts if not a citizen of that state  Extradition  Return fugitives to requesting state

Federalism  Dual Federalism  first 100 years- shared powers  Categorical Grants  Strict provisions from National Gov’t on how to spend (Head Start, Food stamps)  Block Grants  States can use the money to meet needs in broad areas

Checks and Balances  Nomination of Federal Judges, cabinet, ambassadors  Treaties  Veto, override, judicial review

Amendment Process  Constitution is flexible- formally changed 27 times

Bill of Rights 1791  Freedom of Religion  Free exercise  Establishment clause  Freedom of Speech and Press  Schenck v. United States- “clear and present danger”  Prior Restraint- censoring before publication- almost never allowed (Near v Minnesota 1973)

Bill of Rights 1791  Amendments  1  2  3  4  5  6  7  8  9  10

Amendments 

Unwritten Constitution  Judicial Review- John Marshall  Political Parties, conventions, platforms  cabinet