The Constitution 2

Video: The Big Picture

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Learning Objectives

Trace the historical developments that led to the colonists’ break with Great Britain and the emergence of the new American nation

Identify the key components of the Articles of Confederation and the reasons why it failed

2.1

2.2

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Outline the issues and compromises that were central to the writing of the Constitution

Analyze the underlying principles of the Constitution

2.3

2.4

2Learning Objectives

Explain the conflicts that characterized the drive for ratification of the Constitution

Distinguish between the methods for proposing and ratifying amendments to the Constitution

2.5

2.6

2Learning Objectives

Video: The Basics

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Roots of the New American Nation

Trade and Taxation

First Steps Toward Independence

First Continental Congress

Second Continental Congress

Declaration of Independence

2.1

Trade and Taxation

Mercantilism Strict import/export controls Widely ignored

Costly French and Indian War New taxes on sugar (Sugar Act) and paper items

(Stamp Act)

“No taxation without representation”

2.1

Why was Samuel Adams important? 2.1

First Steps Toward Independence

Stamp Act Congress formed to address grievances

Boston Massacre

2.1

What really happened at the Boston Massacre?

2.1

First Steps Toward Independence

Committees of Correspondence build public opinion against Britain

Boston Tea Party

Coercive Acts (Intolerable Acts) Quartering of British troops

2.1

First and Second Continental Congresses

First Continental Congress (Sept. 1774)

Battle of Lexington and Concord

Second Continental Congress (May1775) Olive Branch Petition (July 5, 1775)

Thomas Paine’s Common Sense

2.1

Declaration of Independence

Committee of Five

Thomas Jefferson – principal author

John Locke Social contract theory Life, liberty, and property

2.1

2.12.1 What was the main grievance of the Stamp Act Congress?

a. The Stamp Act barred the colonists from using their own stamps

b. The Stamp Act included the taxing of books and playing cards

c. The taxes imposed by the British had a religious context and therefore conflicted with the separation of church and state

d. The British Parliament had no authority to tax the colonists without colonial representation in that body

First Attempt at Government: The Articles of Confederation Problems Under the Articles of

Confederation

Shays’s Rebellion

2.2

Problems Under the Articles of Confederation

No power to tax

No power to regulate commerce

No executive to implement laws

No judicial system

No coercive power over states

2.2

Shays’s Rebellion

Farmers protest farm foreclosures

Shays and followers shut down court

No state militia to quell the uprising

2.2

What was the result of Shays’s Rebellion?

2.2

2.22.2 What type of government did the Articles of Confederation create?

a. Direct democracy

b. Confederacy

c. Republic

d. Federal government

Miracle at Philadelphia: Writing the U.S. Constitution Characteristics and Motives of the

Framers

Virginia and New Jersey Plans

Constitutional Compromises

Unfinished Business: Executive Branch

2.3

Characteristics and Motives of the Framers

All wealthy white males Mostly young Some slave owners Relatively educated

Social motives Maintain social order which benefited them

Economic motives Maintain property rights which benefited them

2.3

Virginia and New Jersey Plans

Virginia Plan Large states Powerful central government Representation based on population

New Jersey Plan Small states Weak central government Representation by state

2.3

Constitutional Compromises

Great Compromise Bicameral legislature Number of representatives based on population Representatives directly elected

States given equal votes in Senate Senators elected by state legislatures

National power supreme

2.3

Constitutional Compromises

Issue of Slavery No limits for 20 years

Three-Fifths Compromise Representation determined by counting slaves as

three-fifths of a person Gave southern states more representatives

2.3

Unfinished Business: Executive Branch

One-person executive

4-year term

Electoral College

Impeachment

2.3

2.3 How was the disagreement over the Virginia and New Jersey Plans resolved?

a. The Three-Fifths Compromise

b. Checks and balances

c. Creation of a bicameral legislature

d. Electoral College

2.3

U.S. Constitution

Basic Principles of the Constitution

Articles of the Constitution

2.4

Basic Principles of the Constitution

Federalism Power divided between national and state governments National government considered supreme Power derived from the people

2.4

Basic Principles of the Constitution

Separation of Powers Executive branch Legislative branch Judicial branch

Checks and Balances Each branch has powers to check the other two

branches

2.4

What are the separation of powers and checks and balances under the U.S. Constitution?

2.4

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2.4

How do the Articles of Confederation and the U.S. Constitution compare to one another?

2.4

Articles of the Constitution

Article I: Legislative branch

Article II: Executive branch

Article III: Judiciary branch

Articles IV through VII

2.4

Articles of the Constitution

Article I: Legislative branch Enumerated powers Necessary and proper clause Also called the Elastic clause Implied powers

2.4

Articles of the Constitution

Article II: Executive branch commander in chief authority to make treaties and federal appointments execute the laws faithfully

2.4

Why does the president deliver a State of the Union Address?

2.4

Articles of the Constitution

Article III: Judiciary branch

Articles IV through VII Full faith and credit Supremacy clause Amendment process

2.4

2.42.4 Which clause makes federal laws supersede conflicting state laws?

a. Necessary and proper clause

b. Full faith and credit clause

c. Elastic clause

d. Supremacy clause

Drive for Ratification of the Constitution

Federalists versus Anti-Federalists

The Federalist Papers

Ratifying the Constitution

Bill of Rights

2.5

Federalists Versus Anti-Federalists

Federalists favoured strong national government

Anti-Federalists favoured strong state governments

Ratification process was contentious

2.5

The Federalist Papers

85 essays by Federalists Alexander Hamilton (51) James Madison(26) John Jay(3) Appeared in New York newspapers Theoretical, scholarly

Anti-Federalists responded with critique of Constitution

2.5

Ratifying the Constitution

Delaware first state

Small states first

New Hampshire 9th state

New York and Virginia

2.5

The Bill of Rights

Condition of ratification Sought by Anti-Federalists to protect civil liberties

First ten amendments to Constitution

2.5

TABLE 2.2: What were the differences Between the Federalists and the Anti-Federalists?

2.5

2.52.5 What did the Anti-Federalists fear?

a. A strong national government

b. A weak national government

c. Strong state governments

d. Limited taxing power

Toward Reform: Methods of Amending the Constitution Formal Methods of Amending the

Constitution

Informal Methods of Amending the Constitution

2.6

Formal Methods of Amending the Constitution Proposal

Two-thirds members of both houses Two-thirds of state legislatures Never used

Ratification Vote in state legislature Vote in ratifying convention

2.6

FIGURE 2.2: How can the U.S. Constitution be amended?

2.6

Which is the only constitutional amendment to be repealed?

2.6

Informal Methods of Amending the Constitution

Judicial interpretation Supreme Court can decide if laws are unconstitutional

Social and cultural change Legislation can alter balance of power between

government and states

Technological change Media is redefining free speech

2.6

2.62.6 Which of the following is an informal method of amending the Constitution?

a. Ratification by two-thirds of states

b. Presidential decree

c. Legislative oversight

d. Judicial interpretation

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3The Federal System

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3Video: The Big Picture

Trace the roots of the federal system and the Constitution’s allocation of powers between the national and state governments

Determine the impact of the Marshall Court on federalism

3.1

3.2

3Learning Objectives

Describe the emergence and decline of dual federalism

Explain how cooperative federalism led to the growth of the national government at the expense of the states

3.3

3.4

3Learning Objectives

Describe how the federal budget is used to further influence state and local governmental policies

Explore the role of the judiciary as arbiter of federal–state conflicts

3.5

3.6

3Learning Objectives

Assess the challenges in balancing national and state powers and the consequences for policy making

3.7

3Learning Objectives

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3Video: The Basics

Roots of the Federal System

National Powers Under the Constitution

State Powers Under the Constitution

Concurrent Powers Under the Constitution

Powers Denied Under the Constitution

Interstate Relations Under the Constitution

Local Governments Under the Constitution

3.1

National Powers Under the Constitution

Enumerated powers Coin money Conduct foreign relations Provide for army and navy Declare war Collect duties and taxes

Necessary and proper clause (elastic) Enact laws for exercising enumerated powers Implied powers

Supremacy clause

3.1

FIGURE 3.1: Where does governmental authority come from?

3.1

When do national and state governments work together?

3.1

State Powers Under the Constitution

State powers not enumerated

Tenth Amendment Reserved powers

3.1

Concurrent Powers Under the Constitution

Overlapping powers Power to tax Borrow money Establish courts Charter banks Spend money for general welfare

3.1

FIGURE 3.2: How is governmental power distributed in the federal system?

3.1

Powers Denied Under the Constitution

No state favoritism

No titles of nobility

Bills of attainder

Ex post facto laws

3.1

Interstate Relations Under the Constitution

Supreme Court settles disputes

Full faith and credit clause

Privileges and immunities clause

Extradition clause

Interstate compacts

3.1

Local Governments Under the Constitution

No power under Constitution

Operate under state charter (Dillon’s Rule, 1868)

Counties

Municipalities

Towns

Special districts Most numerous form of government

3.1

FIGURE 3.3: How many governments exist in the United States?

3.1

a. The states

b. The people

c. The president

d. The federal legislature (Congress)

3.13.1 What is the source of governmental authority in the U.S. federal system?

Federalism and the Marshall Court

Defining National Power: McCulloch v. Maryland (1819)

Affirming National Power: Gibbons v. Ogden (1824)

3.2

Defining National Power: McCulloch v. Maryland (1819) First Court decision to define national

and state government relationship

Could Congress charter a bank?

Could states tax it?

3.2

Affirming National Power: Gibbons v. Ogden (1824)

Congress’s authority under commerce clause disputed Power to regulate just products or commercial activity too?

Ruling: Congress can regulate commercial activity New York had no authority to grant monopoly

3.2

3.23.2 Which Supreme Court cases restricted the powers of the national government?

a. Barron v. Baltimore (1833)

b. McCulloch v. Maryland (1819)

c. Gibbons v. Ogden (1824)

d. None of the above

Dual Federalism: States’ Rights, the Civil War, and Reconstruction States Assert Their Powers: Nullification

States’ Rights and the Dred Scott Decision

Reconstruction and the Transformation of Dual Federalism

Amending the National-State Relationship

3.3

States Assert Their Powers: Nullification

Nullification States declare federal laws invalid

Alien and Sedition Acts (1798) Unconstitutional

“Tariff of Abominations” (1828)

Southern states use nullification to resist anti-slavery laws

3.3

States’ Rights and the Dred Scott Decision

Dred Scott v. Sandford (1857) Slaves were property, not citizens Congress could not ban slavery in new territories Enhanced states’ power

3.3

Reconstruction and the Transformation of Dual Federalism

Nullification, dual federalism destroyed by Civil War

Reconstruction New state constitutions

Supreme Court limits state power Monopolies outlawed

3.3

How did the relationship between state and federal governments change after the Civil War?

3.3

Amending the National-State Relationship

Sixteenth Amendment Money is power

Seventeenth Amendment (1913) Direct election of senators

3.3

3.33.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution?a. Supremacy clause

b. Necessary and Proper clause

c. First Amendment

d. Full Faith and Credit clause

Cooperative Federalism: Growth of National Government Cooperative Federalism

Marble cake versus layer cake

Need for National Action Arises: The New Deal

3.4

Need for National Action Arises: The New Deal

Great Depression

New Deal programs increased federal authority States could not solve these problems on their own

Local government involvement

Constitutional challenges

3.4

How did FDR’s actions change conceptions about federalism?

3.4

3.43.4 What do we call the type of federalism that developed in the 1930s?

a. New Deal federalism

b. Progressive federalism

c. Layer cake federalism

d. Cooperative federalism

Federal Grants to State and Local Governments

Categorical Grants

Block Grants

Programmatic Requests

3.5

Categorical Grants

Grants serve 3 purposes Provide funds Address national problems like clean air Redistribute funds between rich and poor states

Categorical grants are for specific purpose

3.5

Block Grants

Block grants less restrictive Give states more discretion in spending funds Devolution revolution

3.5

Unfunded Mandates

No Child Left Behind (2001)

Unfunded Mandates Reform Act of 1995

3.5

Who supported scaling back the federal government and increasing the use of block grants?

3.5

Programmatic Requests

Funds earmarked for specific projects within states

Secured by lobbyists or members of Congress for their districts Bringing the pork back home

3.5

3.53.5 How do block grants differ from categorical grants?

a. They provide less money to states.

b. They provide more money to states.

c. They have fewer restrictions on how they

are spent

d. They have more restrictions on how they

are spent

Judicial Federalism

The Rehnquist Court

The Roberts Court

3.6

The Rehnquist Court

Appointed by Reagan

Committed to states’ rights

Rolled back federal authority U.S. v. Lopez (1995)

3.6

The Roberts Court

Has decided with federal government Immigration Health care reform

3.6

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3.6Video: In the Real World

3.63.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority wasa. To expand it

b. To limit it

c. To expand it in one or two areas only

d. To keep the balance as the Framers

intended in the 1780s

Discussion Question

Did the Framers intend for federal or state governments to be supreme in the federal system? How has the balance of power between state and federal governments shifted? Why have these changes occurred?

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