1. Constitutional Foundations
Unit 2
Constitutional Foundations

2. The Constitution
Is it just an old, dusty, historical document with little relevance to our daily lives? Or
Does it have relevance to our daily lives?
If so, what?
Examples?

3. Purposes & Functions of a Constitution
Defines and limits government’s powers
Lists the rights of the people
Establishes the structure of government
Provides the rules & operating procedures for government
Serves as:
The supreme law of the land
Fundamental law of the land

4. The Constitutional Tradition
Mayflower compact
Legalized the Pilgrim’s position as a body politic
Colonial Charters ( )
Colonial Assemblies
Every colony in the New World had an assembly

5. Magna Charta Signed by British King John in 1215 Why important?
It placed the first written limitations on the powers of the British king
It was the first tiny little step on the road to limited government and, eventually, a democracy

6. John Locke
A British political philosopher writing in the 1680s and 1690s
His importance?
He was the most widely read ( by our founding fathers) political philosopher
His political ideas had more influence than anyone else’s on the political beliefs of our founding fathers and the Declaration of Independence and US Constitution

7. John Locke’s Principles of Government
1.  ALL MEN ARE CREATED EQUAL
2. ALL PEOPLE HAVE “CERTAIN UNALIENABLE RIGHTS” INCLUDING LIFE, LIBERTY, AND PROPERTY
3.   GOVERNMENTS ARE CREATED BY PEOPLE “TO SECURE THESE RIGHTS
4.   ALL GOVERNMENTAL POWER IS BASED ON “THE CONSENT OF THE GOVERNED
5. IF GOVERNMENT BECOMES DESTRUCTIVE OF THESE ENDS, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR TO ABOLISH IT

8. Articles of Confederation (1781-1789)
Goal: to bring the thirteen states together while allowing each state to remain independent
Adopted on March, 1, 1781
Under the Articles, each state issued its own currency

9. Articles of Confederation Government-1
A Confederation
Only one branch
No executive branch—fear of executive tyranny
No judicial branch—fear national courts would overrule state courts and diminish state power

10. Articles of Confederation Government-2
Congress
Only one house (unicameral)
Equal representation—every state had only one vote
One year terms
Could be recalled and replaced at anytime
Voted on instructions from their home state
Paid by their home state
Most decisions required 9 of 13 states to agree--a ¾ majority

11. Articles of Confederation Government-3
Powers national government lacked
Taxation
(relied on voluntary state donations)
Regulation of commerce
Raising an army or navy
Relied on volunteers and state militia
No enforcement power of national laws
Articles of Confederation Constitution could only be amended if all 13 states agreed

12. Troubles Confronting a New Nation
Financial Difficulties
Commercial Obstacles
Defense (or lack of!)
Civil Disorder
Lack of international respect

13. Constitutional Convention
Called after Shays Rebellion
Purpose: “for the sole and express purpose of revising the Articles of Confederation”
All recommended changes to be reported back to Congress for their approval
No recommendation effective unless approved by Congress and ALL 13 state legislatures (as provided for in the A. of C. Constitution)

14. Delegates at Convention
Met in Philadelphia
12 states sent the 55 delegates
Most had political experience
Almost half were college graduates
Most were men of wealth & influence
Most of work done by core group of 30
On final day, 39 of 42 delegates signed the Constitution

15. Consensus in Philadelphia
Liberty and Property
Social Contract
Representative Government
Limited Government
Nationalism

16. Constitutional Disputes & Compromises
State Representation
Slavery
Economics
Compromise
Bicameral Congress
Senate: = representation
House: based on pop.
Leave to each state
3/5 Compromise
1808 Compromise
No export taxes

17. Six Major Constitutional Provisions
Separation of Powers
Executive, Legislative, Judicial
Checks and Balances
Each branch has power to block actions of other two
Federalism
Dividing power fairly evenly between national & state governments = more of a partnership
Judicial Review
Power of Courts to declare govt. laws & actions unconst’l
Limited Government
Article I—Section 9 (powers prohibited the national govt.)
Bill of Rights
Popular Sovereignty

18. Separation of Powers

19. Checks and Balances

20. Who Has Power: Unitary, Confederate & Federal Systems

21. Unitary All power in hands of the national government
State & local governments simply implement decisions made by national government
Uniformity of laws & policies nationwide

22. Confederation Majority of power in hands of state governments
National government’s powers are limited & restricted
National government must often rely on states for implementation, etc.

23. Federal Power more evenly split between national and state governments
Each is an independent level of government with its own set of powers
This is more of a partnership between national & state governments

24. Federalism

25. Was the US a Democracy in 1789?
No, why not?
The founding fathers did not trust the common people—Why?
Only 5% of the population was eligible to vote
Voting requirements: white, male, property owner, & some religious requirements
The only part of the national government to be elected by the people in 1789 was…
The House of Representatives

26. Five Methods of Constitutional Change
Constitutional Amendment
Judicial Reinterpretation
Presidential Actions
Congressional Laws
Changing Customs & Traditions

27. Amendment Process

28. Judicial Reinterpretation
Some of the greatest changes to the constitution have come about not by formal amendment but by reinterpretations of the document by federal courts
Segregation
School Prayer
Abortion

29. Presidential Actions
The president tries to expand the meaning of “executive Power”
Fighting undeclared wars
Use of implied powers not mentioned in the constitution:
Executive agreements
Executive privilege
Impoundment

30. Congressional Action
Equal Access Law

31. Constitutional Change: Custom and Practice
Political Parties: as a method of nominating candidates
The Electoral College: from an elite group of free-thinking persons to a rubber stamp of the popular vote

32. First Amendment
“Congress shall make no law respecting the (1) establishment of religion, or prohibiting the (2) free exercise thereof, or abridging the (3) freedom of speech, or of (4) the press, or the (5) right of the people to peaceably to assemble, and (6) to petition Government for a redress of grievances.”
= freedom of expression protected

33. Fourteenth Amendment
“All persons born in the United States…are (1) citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall (2) abridge the privileges and immunities of citizens of the U.S., nor shall any State (3) deprive any person of life, liberty, or property without due process of law, nor (4) deny to any person…the equal protection of the laws.”

34. FULL FAITH & CREDIT CLAUSE
FULL FAITH & CREDIT SHALL BE GIVEN IN EACH STATE TO PUBLIC ACTS, RECORDS, & JUDICIAL PROCEEDINGS OF EVERY OTHER STATE 
ARTICLE IV, SECTION 2
“And congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect there of.

35. PRIVILEGE & IMMUNITIES CLAUSE
THE CITIZENS OF EACH STATE SHALL BE ENTITLED TO ALL PRIVILEGES AND IMMUNITIES OF CITIZENS IN THE SEVERAL STATES
ARTICLE IV, SECTION 2

36. Separation of Powers and Checks and Balances