Chapter 2 - The Constitution

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Transcript Chapter 2 - The Constitution

Chapter 2 - The Constitution

What is a Constitution?

Lesson 1: Creation of the United States

What were criteria that American Colonists used to justify their call for independence from the English monarchy?

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Two Tier System Colonial Govt.

Locally Elected Legislatures

Rule of Law

Criminal

Civil

Taxation English Parliament

No Colonial Reps.

Colonies Follow British Law

Royal Governors Enforced Laws

Colonization & Governance

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Impact of 7 Years War

French & Indian War

New Taxes on Colonies Sugar Act 1764

Taxes Sent Directly to UK Stamp Act 1765

All Legal Documents

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Boycotts Ensue Sons of Liberty Formed Quartering Act 1765 Declaratory Act 1766

Unilateral Power Over Colonies

Import Taxes Ensue

British Policies Incite Rebellion

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Threat of Violence Increases

Boston Massacre March 1770

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Boston Team Party 1773 Martial Law on MA Continental Congress Formed

1774 Reps from 12 Colonies

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Dec. of Rights & Grievances Locke’s Principles Articles of Association Organized Boycott

2 nd Continental Congress

British Policies Incite Rebellion

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2 nd Cont. Congress 1775

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Petition King George III George Sends Troops Colonies Prep for War Common Sense – T. Paine

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Propaganda Document States Colonists’ Case Dec. of Independence (T.J.)

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Endorsed July 4, 1776 https://www.youtube.com/watch?v=3zy25FkPVvc Locke & Rousseau

Presents Evidence 1777 Articles of Confederation Drafted

Declaring Independence

Lesson 2: The Articles of Confederation

What caused the Framers to abolish the Articles and create a new and stronger centralized form of government?

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State’s Draft Documents

Republican Government

Popular Sovereignty

Ensure Natural Rights The Articles

Create a Confederation Structure

Unicameral Legislature

1 Branch of Government

¾ Majority to enact law

Unanimous Consent to Amend Articles

Limited Authority

Creating a Government

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Focused on Individual & States Rights

No National Identity

States Retained

Commerce Power

Currency Power National Government

No Taxation

No Military

Ran the Post Office Shay’s Rebellion

Constitutional Convention

Weaknesses of the Articles

Lesson 3: Crafting the Constitution

What are the major principles of American representative democracy?

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Reaching Consensus

Dual Sovereignty (Federalism)

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National Supremacy Separation of Powers Checks & Balances Representation Debate

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VA Plan NJ Plan CT Compromise Checks on Democracy

People Choose House

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States Choose Senators Electoral College Slavery Debate

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Slave Trade Clause 3/5 Compromise Fugitive Slave Clause Consensus, Conflict & Compromise

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Federalists

Support Constitution Federalist Papers

Hamilton, Madison, Jay

Address Specific Concerns

Persuasive Essays

Federalist 10

Controlling Factions Anti-Federalists

Threat to Rights

T.J. Most Prominent

Demand a Bill of Rights 1787 Constitution Ratified 1791 Bill of Rights Adopted

Ratification Debate

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Intentional Vague & Ambiguous Language

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Open to Interpretation Expectation of Judicial Interpretation Alexander Hamilton – 18 th Century

“A Constitution …belongs to judges to ascertain its meaning…” Charles Evan Hughes – 20 th Century

“The Constitution is what the judges say it is”

The Living Constitution?

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Formal Amendments

2/3 Congress & ¾ States

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1000s Proposed 33 Passed 2/3 Congress 27 Ratified by States Fall into 3 Categories

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Civil Rights/Liberties Operation of Government Specific Policy Issues Judicial Review

Marbury vs. Madison 1803 Deciding Cases

Past Precedent

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Original Intent Judicial Activism Evolving Technology & Social Trends

No Enforcement Power

The Living Constitution?

Chapter 3 – FEDERALISM

Inter-Governmental Relations

Lesson 4: Federal Foundations

What were the arguments for and against federalism?

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Unitary System

English Monarchy Confederal System

Articles of Confederation Federal System

Dual Sovereignty

Constitutional Limits I.G.R.

Education Policy Impacts on Citizens

Taxation

Laws

Social Issues

Role of Courts

U.S. Federalism

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Concurrent Powers

Inherent Powers of Govt.

National Sovereignty

Enumerated Powers

Implied Powers

“Elastic Clause”

Supremacy Clause

Article VI

Treaties with Indian Nations State Sovereignty

Delegated Powers

Reserved Powers

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10 th Amendment “Police Powers”

Distribution of Authority

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McCulloch v Maryland

Implied Powers

National Supremacy Expansion of Commerce Clause

Gibbons v Ogden

U.S. v Lopez (1995)

Limits Established

Devolution Trend?

General Welfare

Upheld Social Security

Obamacare Debate?

Supreme Court’s Interpretation

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National Obligations

Treat states equally

No state within existing borders w/o consent

No change in state boundaries w/o consent

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Guarantee republicanism Protect from invasion Per request, protect from domestic violence State – State Obligations

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Extradition Privileges & Immunities Full Faith & Credit

https://www.youtube.com/watch?v=PE1OtiQIH4c

Judicial Federalism

Interpretation of State Constitutions

Federal Obligations

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13 th Amendment

Impact to Southern States 14 th Amendment

Limits & Obligations

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Due Process Equal Protection Clause

Civil Rights

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ADA Gay Marriage?

16 th Amendment

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Federal Income Tax Impact of Federal Grants 17 th Amendment

Loss of State’s Direct Access to Congress

Impact on Policy Decisions

Key Federalism Amendments

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Categorical (Cat) Grants

Most Common

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Specific Purpose Formulaic

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Based on Census Data Matching Funds Block Grants

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Broader Purpose Formulaic Introduced by Nixon More Power to States Impact of ARRA 2009

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Economic Stimulus Cat Grants & Project Grants Race to the Top Landmarks: Grants-in-aid

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MA v Mellon (1923)

Court rules in favor of conditions

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Voluntary Acceptance by states Accept the $ /Accept the Conditions S.D. v Dole (1987)

Drinking Age Laws

Lose 10% of Fed. Trans. $$

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Drinking Age = State Issue Encourage Law Through Fed $ IGR Lobbying

More $$$/Less Strings

Recently ½ of State/Local Revenue

Traditionally 1/3 of Revenues Mandates

Orders to states by Congress

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Handicap Accessibility Funded & Unfunded

Preemption & Supremacy Clause State Dependency on Federal $$$