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?
• • •
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
• • • • •
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
– –
Boycotts Ensue Sons of Liberty Formed Quartering Act 1765 Declaratory Act 1766
–
Unilateral Power Over Colonies
–
Import Taxes Ensue
British Policies Incite Rebellion
• •
Threat of Violence Increases
–
Boston Massacre March 1770
– –
Boston Team Party 1773 Martial Law on MA Continental Congress Formed
–
1774 Reps from 12 Colonies
– – – –
Dec. of Rights & Grievances Locke’s Principles Articles of Association Organized Boycott
–
2 nd Continental Congress
British Policies Incite Rebellion
• • • •
2 nd Cont. Congress 1775
– – –
Petition King George III George Sends Troops Colonies Prep for War Common Sense – T. Paine
– –
Propaganda Document States Colonists’ Case Dec. of Independence (T.J.)
– – –
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?
• • •
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
• • •
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?
• • • •
Reaching Consensus
–
Dual Sovereignty (Federalism)
– – –
National Supremacy Separation of Powers Checks & Balances Representation Debate
– – –
VA Plan NJ Plan CT Compromise Checks on Democracy
–
People Choose House
– –
States Choose Senators Electoral College Slavery Debate
– – –
Slave Trade Clause 3/5 Compromise Fugitive Slave Clause Consensus, Conflict & Compromise
• • • • •
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
• • •
Intentional Vague & Ambiguous Language
– –
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?
• • • •
Formal Amendments
–
2/3 Congress & ¾ States
– – –
1000s Proposed 33 Passed 2/3 Congress 27 Ratified by States Fall into 3 Categories
– – –
Civil Rights/Liberties Operation of Government Specific Policy Issues Judicial Review
–
Marbury vs. Madison 1803 Deciding Cases
–
Past Precedent
– – –
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?
• • • • •
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
• • •
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
– –
10 th Amendment “Police Powers”
Distribution of Authority
• • •
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
• • •
National Obligations
–
Treat states equally
–
No state within existing borders w/o consent
–
No change in state boundaries w/o consent
– – –
Guarantee republicanism Protect from invasion Per request, protect from domestic violence State – State Obligations
– – – –
Extradition Privileges & Immunities Full Faith & Credit
https://www.youtube.com/watch?v=PE1OtiQIH4c
Judicial Federalism
–
Interpretation of State Constitutions
Federal Obligations
• • • •
13 th Amendment
–
Impact to Southern States 14 th Amendment
–
Limits & Obligations
• •
Due Process Equal Protection Clause
–
Civil Rights
– –
ADA Gay Marriage?
16 th Amendment
– –
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
• • •
Categorical (Cat) Grants
–
Most Common
– –
Specific Purpose Formulaic
– –
Based on Census Data Matching Funds Block Grants
– – – –
Broader Purpose Formulaic Introduced by Nixon More Power to States Impact of ARRA 2009
– – –
Economic Stimulus Cat Grants & Project Grants Race to the Top Landmarks: Grants-in-aid
• • • •
MA v Mellon (1923)
–
Court rules in favor of conditions
– –
Voluntary Acceptance by states Accept the $ /Accept the Conditions S.D. v Dole (1987)
–
Drinking Age Laws
–
Lose 10% of Fed. Trans. $$
– –
Drinking Age = State Issue Encourage Law Through Fed $ IGR Lobbying
–
More $$$/Less Strings
–
Recently ½ of State/Local Revenue
–
Traditionally 1/3 of Revenues Mandates
–
Orders to states by Congress
– –
Handicap Accessibility Funded & Unfunded
–
Preemption & Supremacy Clause State Dependency on Federal $$$