The Articles of Confederationvs.

The Constitution

Mr. Aiken

FCHS

Jacksonville, FL

Landmark English Documents

Magna Carta (1215) = first attempt to limit the power of the monarch

Petition of Right (1628) = challenged the idea of divine right - monarch was not above the law

English Bill of Rights (1689) = protection against arbitrary rule - monarch must rule with consent of Parliament

In Congress, July 4, 1776The unanimous Declaration of the Thirteen United States of America

     When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they

should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that

they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to

secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any

Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new

Government………….

Declaration of IndependenceJuly 4,1776

Influenced by John Locke Natural rights granted by God

Life, liberty, & the pursuit of happiness (property)

Equality of all men Principle of limited government Government by consent Right to rebel against tyranny Thomas Jefferson

Primary Author

Weaknesses of theArticles of Confederation

Confederate system w/one branch at the national level Unicameral Congress - one vote per state National Congress powerless to tax National Congress powerless to regulate foreign &

interstate trade No executive branch to enforce acts of Congress No national court to settle disputes between states Amendment: ALL 13 states had to agree - unanimous 9/13 majority to pass laws

Solutions provided by theU.S. Constitution

Federal System Bicameral Congress: (Connecticut Compromise)

Senate – States are equally represented – 2 per state House of Representatives – Based on population size

Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: Proposed by 2/3 Congress

Ratified by ¾ of the state legislatures 50%+1 to pass laws

Articles of Confederation vs. the Constitution Confederate system Unicameral Congress - one

vote per state Powerless to tax Powerless to regulate foreign

& interstate trade No executive branch to

enforce acts of Congress No national court to settle

disputes between states Amendment: ALL 13 states

had to agree - unanimous 9/13 majority to pass laws

Federal System Bicameral Congress: Senate

& House of Representatives Congress given power to tax Congress given power to

regulate trade Executive Branch to enforce

laws Judicial Branch to interpret

laws & Constitution Amendment: 2/3 Congress +

¾ State Legislatures 50%+1 to pass laws

Who wrote the Constitution:

55 men experienced in politics men of wealth and

prestige (elite) most were formally

educated all were white owned property relatively young

James Madison = Primary Author “Father of the Constitution”

The Constitution (1789)Ratification - approval process:

Issues: Representation, tyranny of the majority, governmental power

Federalists (James Madison, John Jay & Alexander Hamilton)

• Representative of the people and have a measure of autonomy from the people = efficiency & competency

• Feared tyranny of the majority• Favored strong national government

Ratification of the Constitution…

Anti-Federalists (Thomas Jefferson, Robert Yates & Patrick Henry)

• feared giving too much power to the national government

• favored state power• feared aristocratic nature of governments• opposed the lack of a bill of rights

The United States of AmericaFirst President George Washington (1789-1797)

– Chairman of the Constitutional Convention

– chosen President by unanimous consent by the members of the Constitutional Convention

– opposed political parties– established tradition of serving only

two terms

First Vice President John Adams

Principles of the Constitution

Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism

Popular Sovereignty

The people are the source of political authority - (power)

Government by consentRepresentative democracy (republic) “We the People of the United States…”

Limited Government

Rule of law No one is above the law - including

members of the government The government must operate within

the boundaries of the Constitution

Separation of Powers

Division of the national government into three co-equal branches

Each branch given specific responsibilities

Legislative Branch = make laws Executive Branch = enforce laws Judicial Branch = interpret laws

Checks and Balances

System designed to prevent any branch of the national government from becoming more powerful than another branch

Judicial Review

The power of the courts to decide the constitutionality of laws and acts of government

Marbury v. Madison

Federalism

The powers of government are divided between national and state levels

Results in a dual system of government Each level has some independent

powers

FEDERALISM

NATIONALGOVERNMENT

STATE GOVERNMENTS

SHAREDPOWERS

Federalism Inherent/Exclusive Powers: Powers given to the

national government because it is the only representative of the entire nation (i.e., war powers)

Delegated/Expressed Powers: Powers written in the Constitution (i.e., power to regulate trade)

Implied Powers: Powers not exactly written in the Constitution - based on the Necessary & Proper Clause

Reserved Powers: Powers of the state government / 10th Amendment (i.e., public schools, marriage laws)

Concurrent Powers: Powers shared by both the national and state levels of government (i.e., power to tax)

Layer Cake vs. Marble Cake Federalism

Dual Federalism A constitutional theory that the

national government and the state governments each have defined areas of authority, especially over commerce– Federal government has very

limited delegate powers– States Rights- states have vast

reserved powers not delegated to the federal government

– Each entity is sovereign within its own powers

Powers of one can’t encroach on the other

Article 10-US Const– Reserved Clause

Cooperative Federalism Theory of federalism in which

federal, state, and local governments interact cooperatively and collectively to solve common problems rather than making policies separately.

– Overlapping state and federal functions

Most federal and state functions are cooperatively undertaken (highways, schools, hospitals)

Feds and states have shared powers (police, taxes)

Fragmented centers of political power

Article VI- the supremacy clause- the Constitution specifically subordinates state law to federal law

Necessary & Proper Clause Article I, Section 8, Clause 18 Basis for the implied powers given to

Congress Must be tied to an expressed power Known as the Elastic Clause “To make all laws which shall be

necessary and proper for carrying into execution the foregoing powers…”

Supremacy Clause

Article VI, Section 2 The Constitution and treaties of the United

States are “the supreme law of the land” U.S. Constitution

– Acts of Congress & Treaties

– State Constitutions

– State Statutes (laws)

– City & County Charters & Ordinances (laws)

U.S. Supreme Court = highest court

Full Faith & Credit Clause Each state had to give “full faith and credit” to

the official acts of all other states.

Privileges & Immunities Clause Citizens of any state were guaranteed the “privileges and immunities” of every other state, as though they were citizens of that state

Article IV: Provision for reciprocity among states and among citizens of all states:

Commerce Clause

The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; – Gibbons v Ogden

Can a state regulate interstate?

Which one of the steamboats is correct?

Connecticut Compromise

Compromise between New Jersey and Virginia Plans

Bicameral Congress – two chambers House of Representatives – states are

represented according to the size of their population

Senate – equal representation – each state receives two seats

Three-Fifths Compromise

In Slave-owning states– Every five slaves would be counted as

three people for the purposes of counting population size for representation in the U.S. House of Representatives and for purposes of taxation

Bill of Rights1st Freedom of Religion, Speech, Press, Assembly, Petition

2nd Right to Keep and Bear Arms

3rd Quartering of Soldiers

4th Security from Unwarrantable Search & Seizure

5th Rights of Accused Persons in Criminal Proceedings

6th Right to Speedy Trial, Witnesses, Trial by Jury in

Criminal Cases

7th Trial by Jury in Civil Cases

8th Ban Excessive Bail, Fines, and Cruel & Unusual Punishment

9th Unenumerated Rights of the People

10th Reserved State Powers

Marbury v. Madison (1803) Established the doctrine of judicial review Article III - judicial powers Chief Justice John Marshall Issue of President John Adams appointing

Federalists and Thomas Jefferson’s Secretary of State James Madison refusing to deliver commissions.

– Mr. Adams, the late President of the United States, nominated the applicants to the senate for their advice and consent to be appointed justices of the peace of the District of Columbia; that the senate advised and consented to the appointments; that commissions in due form were signed by the said President appointing them justices…

McCulloch v. Maryland (1819)

Upheld the right of implied powers based on the Necessary and Proper Clause and the Supremacy Clause

Called the “Bank of the United States” case– involved the Second Bank of the United States and the State

of Maryland

Supreme Court landmark case– unanimous decision

Chief Justice John Marshall

Grants-In-Aid

Federal funds provided to states and localities.– Typically provided for

airports, highways, education, and major welfare services

Categorical Grants Federal grants for specific purposes defined

by federal law– Requires the state or locality to “match” some part

of the federal grant– Formula Grants

States and Feds share costs of a proejct Ex. (20% fed-80% state)

– Project Grants Money given out to states and localities for a purpose Applied for by state Usually research based- universities, agencies

Block Grants

Grants of money from the federal government to states for programs in certain general areas rather than for specific kinds of programs– Money to states with few strings attached– States have broad discretionary powers to use

money as they see fit– Favored by Republicans/Conservatives– Nixon and Regan: New Federalism

More Power to the states