Unit 1 Review PowerPoint Constitutional Underpinnings of the United States Government.

Unit 1 Review PowerPoint

Constitutional Underpinnings of the United States Government

The Colonial MindAt first thought they could remain citizens, then saw

the need for independenceBelieved English politicians were corrupt (explained

why English Constitution didn’t guarantee liberty)Essential Liberties = Life, Liberty, PropertyAmericans 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-limited govt b/c natural rights superior-Legislative branch would be superior to executive

Most states passed constitutions (with bills of rights) –extremely innovative, not guaranteed success


Articles of Confederation• Preserved independence of states–no executive or judicial, just a collection of

statesWeaknesses:• 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


• Shay’s Rebellion- not easily stopped b/c no power to raise a militia, proved articles not sufficient

• Advertised as a revising of the AoC, but ended with an entirely new Constitution

• Had state constitutions as models• Nature of govt- check self interest but protect

rights, control factions

The Constitutional Convention 1787

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:


• 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

• Favored large states

The Virginia Plan


• 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• Favored small states

The New Jersey Plan


• 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


• Habeas corpus can’t be suspended, no bill of attainder, no ex post facto laws, no religious qualifications

• 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 and approved by all states September 17.

Other Compromises


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

Amending the Constitution

• Formal process- 2/3 vote in each house or 2/3 of states call national convention

• Ratification- ¾ of state legislatures or ¾ of states at convention

• Informal- judicial interpretation

Checks and Balances

• Legislative: can veto bill from other house, control the budget, impeach the pres, confirm nominations, override veto

• Executive- veto power, nominate officials• Judicial- declare laws/acts by pres

unconstitutional Note: not given in Con. Asserted in Marbury v. Madison

Main Debate

• Would the Constitution protect personal liberties??

Federalist: YESAnti-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 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


Need for a Bill of Rights

• Constitution obviously would not be ratified without a BoR

• One finally promised, after much bitterness Constitution ratified (NH 9th state, ratified June 1788)

• BoR ratified by states and went into effect 1791


Principles of the Constitution

• Key Principles – Separation of powers– Federalism


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.


Federalism

• Dual federalism- each level has distinct responsibilities that don’t overlap

• Cooperative federalism- levels share responsibility

• Fiscal federalism- process of redistributing federal money to the states

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

Federalism

• Powers Reserved for Federal: Coin money, regulate economy and foreign/interstate trade, declare war, manage military, direct foreign relations

• Powers reserved for the states: regulate intrastate commerce, ratify amendments

• Powers Shared: make and enforce laws, collect taxes, maintain courts, allocate money, propose amendments

• 10th amendment give all powers not reserved for federal to the states

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*


McCulloch v. Maryland 1819Court 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


Gibbons v. OdgenIssues 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!!)


Federal-State Relations

Dual Federalism Cooperative Federalism


Grants-in-Aid

• Grants started early (first programs were land grants to finance education) but didn’t really pick up until 20th 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


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 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


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


Larger Questions to Consider…

• Discuss the evolution of American Constitutional philosophy from the Revolution through the Constitutional Convention and the impact that the historical events of the time had on this development. You should include the following items in your discussion:– Jefferson's Declaration of Independence (the

Preamble) – Early State Constitutions – The Articles of Confederation

Larger Questions to Consider…

• Define cooperative federalism as it applies to the United States today. Discuss ways that the federal government financially links itself to the states.

• Select one of the following policy areas and explain why a state may not wish to accept federal funding to help support that concern. – Education – Highways – Disabled Americans

Unit 1 Review PowerPoint Constitutional Underpinnings of the United States Government.

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