1. AP GOV. NOTEBOOK 6 sections: Starter Constitution
Judicial Branch, Civil Liberties and Civil Rights
Political Behaviors and Institutions
Congress
Executive Branch and Policies

2. Unit One: Constitution and Federalism

3. Unit One: Constitution and Federalism

4. 1. Why revolt?

5. Background to Revolution
Why revolt against Brits?
Although colonists recognized the rule of law (Hobbes), British leaders (inc. King) were seen as corrupt
English constitution inadequately protected citizens' liberty
Belief in a higher law of natural rights (Locke)
Life, Liberty and Property
Specific abuses of King George III (27 paragraphs)
Listed in Declaration of Independence

6. The Real Revolution (new ideas)
The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure…
Government by consent of people, not divine right from god
Direct grant of power in a written constitution
Human liberty prior to gov’t
Legislative superior to executive branch because legislature directly represented the people

7. Weakness of Articles of Confederation 1781-1787
Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state
Nine of thirteen votes in Congress required for any measure
Delegates to Congress picked, paid for by state legislatures
Little money coined by Congress
Army small; dependent on state militias
Territorial disputes between states led to open hostilities
No national judicial system
All thirteen states' consent necessary for any amendments

8. The Framers, Founders, Fathers
Constitution Convention: Philadelphia, Summer 1787
Who was there?
men involved in public affairs, war veterans, wealthy
not there: Rhode Island refused to send delegates

9. The Fundamental Tension in Government: What do you value?
FREEDOM
ORDER
Peace
Stability
Rule of Law
Choice
Independence
Self Determination

10. The Constitution 1 Preamble (introduction) 7 Articles (chapters)
27 Amendments (add-ons)

11. 2. The Constitutional Convention (The Birth of Our Government)
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2. The Constitutional Convention (The Birth of Our Government)
Our Gov’t

12. Constitutional Convention
The lessons of experience
State Constitutions
Penn: most democratic, trampled minority rights
Mass: less democratic, but Shay’s Rebellion happened here
Shays's Rebellion brought fear that states were about to collapse
Rule of England

13. vs AUTHORITY Gov’t has the right to use power
Example: British, A. of C, bad boss
LEGITIMACY
Power is given to authority through trust, respect, contract
Ex. US Constitution, good boss vs

14. Convention (cont.) What happened?
An entirely new constitution, though authorized only to revise Articles
Locke’s principles applied to gov’t
Framers doubted popular consent alone could guarantee liberty (no props for the peeps!)
Results: "a delicate problem"; need strong government for order but not threaten liberty
James Madison: Main author of Con. He’s the man! Otherwise known as….

15. J-Mad

16. 3. The Constitution

17. Big Ideas Behind US CONSTITUTION 1. Popular Sovereignty:
Gov’t can only govern w/ consent of people
2. Limited Government:
Gov’t is not all powerful, must act within law
3. Separation of Powers:
Power is divided among gov’t branches
4. Checks and Balances:
Each branch of gov. checks the power of another
5. Judicial Review:
The courts decide whether gov’t acts according to the Constitution
6. Federalism:
Division of power between national and local governments

18. AMENDMENTS
System to change document, founders realized document would have to evolve
First 10: Bill of Rights, came 2 years later to pacify TJef’s crew who wanted guarantees of ind. rights
To Amend you need vote of
2/3 of Congress
3/4 of States
RARE! (17 times)

19. 4. Debate and Compromise

20. How will Congress be divided?
BIG STATES
(Virginia Plan)
DIVIDE BY POPULATION
SMALL STATES
(New Jersey)
DIVIDE EQUALLY
SOLUTION: Connecticut Compromise
SENATE=2 per state
HOUSE=
population based

21. Should we adopt Constitution?
Federalists
Anti-Federalists
J. Madison, A. Hamiliton
Thomas Jefferson
AofC too weak
Strong gov’t need to be effective and insure peace
Nat’s gov. will protect peoples rights
Strong gov’t threats liberty
AofC was ok
Const. lacks a bill of rights

22. Massachusetts Compromise
--Accept the Constitution (Feds win!)
--Add Bill of Rights to protect ind. freedoms (Anti-Feds win!)
We All Win!

23. 5. Modern Complaints (Haters)

24. Complaint: the separation of powers makes gov’t slow and allows for too much partisan bickering
Solutions
--Allow Congress members to serve concurrently in Ex. Branch
--Allow president to dissolve Congress
--Empower Congress to require special presidential election
--Require presidential /congressional teams in each congressional district
--Establish single six-year term for president
--Lengthen terms in House to four years

25. Complaint: Gov’t is too big and tries to do too much
Solutions:
--Limit amount of taxes collectible
--Require a balanced budget (some states and localities have this)
--Line-item veto amendment
--Narrow authority of federal courts

26. So Should We Reform the Constitution?
Most Americans revere the document, usually hesitant to change it
Amendment process is difficult and lengthy
FYI, some failed amendments:
The Washington DC Voting Rights Amendment
The Equal Rights Amendment (ERA)
The Child Labor Amendment
House Representation Formula Amendment

27. Suggested Amendment Topics
Abolish flag burning
Allow non-natural born citizens to become President
Official language(s) of U.S.
Definition of marriage
Prayer in school
Abolish Death penalty
Balanced budget
Abolish Electoral College
Terms limits on U.S. Senators & Representatives
Access to medical care for all citizens

28. 6. Federalism
State National City

29. Federalism What is Federalism? Ex. State: highways, welfare, schools
Local & national gov’ts function separate from each other
  Ex. State: highways, welfare, schools
Federal: military, airline safety
Good or Bad?
Depends who you ask:
Riker says “F’ism perpetuated racism”
Elazar says “F’ism perpetuates individual liberty”
National
State

30. Federalism Why Framers liked it?
Once again, another way to check the power of gov’t
“State and Federal are in fact but different agents and trustees of the people” -J.Mad Federalist 46
“If their rights are invaded by either, they can make use of the other as instrument of redress” A.Ham Federalist 28
Say my Name!

31. The Challenge of Federalism EU: Will It Work?

32. The Challenge of Federalism: Medical Marijuana

33. Federalism “Elastic Clause” or “Necessary & Proper Clause”
Framers knew a complete list of gov’t powers was
impossible so…
Elastic language was used (Art. 1, Section 8)
Hamilton's view: nat’l supreme since
Const. Is supreme law
Jefferson's view: states' rights w/ the
people as ultimate sovereign
Supreme Court’s Role
Over past 224 years SC has been drawing the line between state and fed’l power

34. Federalism and the Courts
Supreme Court’s Role
Over past 224 years SC has been drawing the line between state and fed’l power

35. Federalism Supreme Court becomes focal point of interpreting
Const. & deciding who has the power (see M&Ms)
Nullification: idea that states can declare fed. laws “null and void”. Civil War based (wrongly) on this idea.
Dual Federalism: both states and nat’l gov. supreme in their “spheres”
Interstate commerce: Federal
Intrastate commerce: State

36. Federalism and Cake? Layer Cake Federalism
relationship between state and local gov’t are clearly spelled out and distinct. Also know as Dual Federalism.
Marble Cake Federalism
a mixing of authority and programs among the national, state, and local governments. Also know as Cooperative Federalism.

37. Federalism: Spheres of Power
National Government State Government

38. Federalism: The Power Pull
Washington DC
Federalism: The Power Pull
Baton Rouge
-Tenth Amendment
-“Devolution” (ex. Welfare Reform Act of 1996)
-Block Grants (money to states for general purposes)
national
-Categorical Grants: $ for specific purpose (ex. voting registration)
-Federal Mandates (ex. drinking age is 21)
-Incorporation
state

39. 7. Federalism and Money

40. Federalism and Money
Grants-in-aid: Federal money given to states for projects
Types of Federal Funding:
Categorical Grants
$ for specific purpose
Hiring city teachers
Block Grants
$ for general purpose
Education
Revenue Sharing
$ to spend as states wish
5 billion for Iowa