September 12, 2012

Constitutional Underpinnings

Articles of Confederation (1776-1787)1. 1st unsuccessful attempt at a

national government2. Confederation- states had more

power than the federal gov’t (taxes, tariffs, printing money)

3. Unicameral (1 house)- 1 vote per state, no pres, no fed courts, no power to tax or regulate commerce

4. Shay’s Rebellion- indebted farmers starting attacking court houses so they wouldn’t be foreclosed

Fear of mob rule-demand for stronger federal gov’t

Constitutional Convention- 1787

Areas of Agreement:1. Replace Articles of Confed2. Stronger national gov’t that could control

commerce- economic inequality is the #1 source of factions (remember this term later)

3. Establish a republican form of gov’t4. Gov’t must have consent of the governed

(Locke)5. Aim of gov’t- protect property (Locke), really

meaning wealth6. Cynical view of human nature- men want

POWER, so must protect minority rights7. Pluralism- balanced gov’t where no single

political interest (factions) dominated8. Establish a limited gov’t- constitution

Areas of Compromise1. Representation among the states Virginia Plan- rep based on

population, favored large states N.J. plan- equal rep for all states (Art

of Confed), favors small states Connecticut compromise- bicameral

(2 houses) with House of Rep. popularly elected (based on pop) and Senate (equal rep- 2 for all)

2. Representation of Slaves North- count for taxes, not

representation South- wanted opposite 3/5 Compromise- for both purposes

Areas of Compromise continued

3. Election of President Life vs annual election-

compromise 4 year term Method of election- by Congress?

State legislature? Direct election?

Compromise- Electoral College4. Qualifications to Vote Universal manhood suffrage vs

property qualifications Compromise: leave it up to states

(vote in state elections=right to vote in national elections)

Politics of Ratification1. Federalists Property owners, creditors, merchants,

urban Views- feared mob rule, a strong central

government, and believed elite were most fit to govern

Warned against “factions” aka interest groups, either majority/minority group that does not consider the national interest (as a whole)

Checks/balances, separation of powers, and limited gov’t limit factions- prevent mob rule, hijacking the gov’t, violating the rights of the minority

Leaders: Madison, Washington, Hamilton, Jay

Wrote the Federalist Papers to rally support for the Constitution

Politics of Ratification continued2. Anti-Federalists Small farmers, frontiersmen,

debtors, small shopkeepers Views: feared a strong central gov’t

(favored more power to state gov’ts instead), distrusted elite rule

Criticized the delegates for only representing the interests of the elite

Some of the concerns were settled with the compromise of adding the Bill of Rights to the Constitution

Leaders: Patrick Henry, George Mason

RatificationNeeded to be ratified by

9 of 13 statesConventions in states

(cleverly bypassed state legislatures)

Rhode Island (fear of strong central gov’t, nationalized currency) and North Carolina

Ratified Sept 13, 1789

Federalist Papers Assignment You will write a 400-500 word

summary of both Federalist 10 and 51.

Suggestion- Skim and then re-read for depth.

Remember to look for: factions, checks and balances, separation of powers, republic vs democracy, limited government

Pick out the most important ideas.

Summarize it in your words. This assignment is due

Thursday at the beginning of class.

This is your homework today and tomorrow.

Reminder- Vocab Test Monday.

Judicial Review Defined- the power of courts to strike

down laws or gov’t actions Not explicitly in Constitution- vague on

the judicial branch Implied from Supremacy Clause

(Constitution is supreme law of the land) and Article III “The judicial power shall extend to all cases, in law and equity, arising under this Constitution”

Marbury v Madison (1803)- established judicial review

John Adams tried to pack the courts before leaving office

Marbury’s commission didn’t go through before T.J. took over- sued for his jobs

Supreme Court ruled that they have the power to review laws and acts of the other branches- separation of powers

ObamaCarePatient Protection and Affordable Care Act-

passed March 2010Most parts come into effect in 2014Ends pre-existing conditions and maximum

coverage restrictions Individual mandate- requires everyone not

on an insurance plan (ex: company policies, Medicare) to buy health insurance

Health insurance exchanges- state insurance marketplaces

Medicaid expanded Some states are challenging these policies-

working its way through the court systems.Will it lower costs or will it just increase our

national debt?

WHO's ranking of healthcare systems

Democratization of the ConstitutionRemember, the founders wanted a

republic that represented the eliteBill of Rights- guarantees minority

rights13th Amendment- abolished slavery14th Amendment- due process and

equal protection15th- right to vote can’t be denied b/c

of raceVoting Rights Act of 1965- ended

property requirements to vote17th- direct elections of Senators19th- women’s suffrage24th- poll taxes abolished26th- 18 year old suffrage