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 $$$