The Constitution

1
2
The Constitution
2
2
Video The Big Picture
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/OConner_Ch02_The_Constituti
on_Seg1_v2.html
3
2
Learning Objectives
Trace the historical developments that led to the
colonists break with Great Britain and the
emergence of the new American nation
2.1
Identify the key components of the Articles of
Confederation and the reasons why it failed
2.2
4
2
Learning Objectives
Outline the issues and compromises that were
central to the writing of the Constitution
2.3
Analyze the underlying principles of the
Constitution
2.4
5
2
Learning Objectives
Explain the conflicts that characterized the
drive for ratification of the Constitution
2.5
Distinguish between the methods for proposing and
ratifying amendments to the Constitution
2.6
6
2
Video The Basics
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg2_Constitution_v2.html
7
Roots of the New American Nation
2.1

• Trade and Taxation
• First Steps Toward Independence
• First Continental Congress
• Second Continental Congress
• Declaration of Independence

8
Trade and Taxation
2.1

• 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

9
2.1
Why was Samuel Adams important?
10
First Steps Toward Independence
2.1

• Stamp Act Congress formed to address grievances
• Boston Massacre

11
2.1
What really happened at the Boston Massacre?
12
First Steps Toward Independence
2.1

• Committees of Correspondence build public opinion
  against Britain
• Boston Tea Party
• Coercive Acts (Intolerable Acts)
• Quartering of British troops

13
First and Second Continental Congresses
2.1

• First Continental Congress (Sept. 1774)
• Battle of Lexington and Concord
• Second Continental Congress (May1775)
• Olive Branch Petition (July 5, 1775)
• Thomas Paines Common Sense

14
Declaration of Independence
2.1

• Committee of Five
• Thomas Jefferson principal author
• John Locke
• Social contract theory
• Life, liberty, and property

15
2.1
2.1 What was the main grievance of the Stamp Act
Congress?

1. The Stamp Act barred the colonists from using
   their own stamps
2. The Stamp Act included the taxing of books and
   playing cards
3. The taxes imposed by the British had a religious
   context and therefore conflicted with the
   separation of church and state
4. The British Parliament had no authority to tax
   the colonists without colonial representation in
   that body

16
First Attempt at Government The Articles of
Confederation
2.2

• Problems Under the Articles of Confederation
• Shayss Rebellion

17
Problems Under the Articles of Confederation
2.2

• No power to tax
• No power to regulate commerce
• No executive to implement laws
• No judicial system
• No coercive power over states

18
Shayss Rebellion
2.2

• Farmers protest farm foreclosures
• Shays and followers shut down court
• No state militia to quell the uprising

19
2.2
What was the result of Shayss Rebellion?
20
2.2
2.2 What type of government did the Articles of
Confederation create?

1. Direct democracy
2. Confederacy
3. Republic
4. Federal government

21
Miracle at Philadelphia Writing the U.S.
Constitution
2.3

• Characteristics and Motives of the Framers
• Virginia and New Jersey Plans
• Constitutional Compromises
• Unfinished Business Executive Branch

22
Characteristics and Motives of the Framers
2.3

• 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

23
Virginia and New Jersey Plans
2.3

• Virginia Plan
• Large states
• Powerful central government
• Representation based on population
• New Jersey Plan
• Small states
• Weak central government
• Representation by state

24
Constitutional Compromises
2.3

• 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

25
Constitutional Compromises
2.3

• 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

26
Unfinished Business Executive Branch
2.3

• One-person executive
• 4-year term
• Electoral College
• Impeachment

27
2.3
2.3 How was the disagreement over the Virginia
and New Jersey Plans resolved?

1. The Three-Fifths Compromise
2. Checks and balances
3. Creation of a bicameral legislature
4. Electoral College

28
U.S. Constitution
2.4

• Basic Principles of the Constitution
• Articles of the Constitution

29
Basic Principles of the Constitution
2.4

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

30
Basic Principles of the Constitution
2.4

• Separation of Powers
• Executive branch
• Legislative branch
• Judicial branch
• Checks and Balances
• Each branch has powers to check the other two
  branches

31
2.4
What are the separation of powers and checks and
balances under the U.S. Constitution?
32
Video In the Real World
2.4
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg5_Constitution_v2.html
33
2.4
How do the Articles of Confederation and the U.S.
Constitution compare to one another?
34
Articles of the Constitution
2.4

• Article I Legislative branch
• Article II Executive branch
• Article III Judiciary branch
• Articles IV through VII

35
Articles of the Constitution
2.4

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

36
Articles of the Constitution
2.4

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

37
2.4
Why does the president deliver a State of the
Union Address?
38
Articles of the Constitution
2.4

• Article III Judiciary branch
• Articles IV through VII
• Full faith and credit
• Supremacy clause
• Amendment process

39
2.4
2.4 Which clause makes federal laws supersede
conflicting state laws?

• Necessary and proper clause
• Full faith and credit clause
• Elastic clause
• Supremacy clause

40
Drive for Ratification of the Constitution
2.5

• Federalists versus Anti-Federalists
• The Federalist Papers
• Ratifying the Constitution
• Bill of Rights

41
Federalists Versus Anti-Federalists
2.5

• Federalists favoured strong national government
• Anti-Federalists favoured strong state
  governments
• Ratification process was contentious

42
The Federalist Papers
2.5

• 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

43
Ratifying the Constitution
2.5

• Delaware first state
• Small states first
• New Hampshire 9th state
• New York and Virginia

44
The Bill of Rights
2.5

• Condition of ratification
• Sought by Anti-Federalists to protect civil
  liberties
• First ten amendments to Constitution

45
2.5
TABLE 2.2 What were the differences Between the
Federalists and the Anti-Federalists?
46
2.5
2.5 What did the Anti-Federalists fear?

• A strong national government
• A weak national government
• Strong state governments
• Limited taxing power

47
Toward Reform Methods of Amending the
Constitution
2.6

• Formal Methods of Amending the Constitution
• Informal Methods of Amending the Constitution

48
Formal Methods of Amending the Constitution
2.6

• Proposal
• Two-thirds members of both houses
• Two-thirds of state legislatures
• Never used
• Ratification
• Vote in state legislature
• Vote in ratifying convention

49
2.6
FIGURE 2.2 How can the U.S. Constitution be
amended?
50
2.6
Which is the only constitutional amendment to be
repealed?
51
Informal Methods of Amending the Constitution
2.6

• 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

52
2.6
2.6 Which of the following is an informal method
of amending the Constitution?

1. Ratification by two-thirds of states
2. Presidential decree
3. Legislative oversight
4. Judicial interpretation

53
Video So What?
2

• http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
  A_1/polisci/presidency/OConner_Ch02_The_Constituti
  on_Seg6_v2.html

54
3
The Federal System
55
3
Video The Big Picture
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/OConner_Ch03_Federalism_Seg
1_v2.html
56
3
Learning Objectives
Trace the roots of the federal system and the
Constitutions allocation of powers between the
national and state governments
3.1
Determine the impact of the Marshall Court on
federalism
3.2
57
3
Learning Objectives
Describe the emergence and decline of dual
federalism
3.3
Explain how cooperative federalism led to the
growth of the national government at the expense
of the states
3.4
58
3
Learning Objectives
Describe how the federal budget is used to
further influence state and local governmental
policies
3.5
Explore the role of the judiciary as arbiter of
federalstate conflicts
3.6
59
3
Learning Objectives
Assess the challenges in balancing national and
state powers and the consequences for policy
making
3.7
60
3
Video The Basics
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg2_Federalism_v2.html
61
Roots of the Federal System
3.1

• 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

62
National Powers Under the Constitution
3.1

• 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

63
3.1
FIGURE 3.1 Where does governmental authority
come from?
64
3.1
When do national and state governments work
together?
65
State Powers Under the Constitution
3.1

• State powers not enumerated
• Tenth Amendment
• Reserved powers

66
Concurrent Powers Under the Constitution
3.1

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

67
3.1
FIGURE 3.2 How is governmental power distributed
in the federal system?
68
Powers Denied Under the Constitution
3.1

• No state favoritism
• No titles of nobility
• Bills of attainder
• Ex post facto laws

69
Interstate Relations Under the Constitution
3.1

• Supreme Court settles disputes
• Full faith and credit clause
• Privileges and immunities clause
• Extradition clause
• Interstate compacts

70
Local Governments Under the Constitution
3.1

• No power under Constitution
• Operate under state charter (Dillons Rule, 1868)
• Counties
• Municipalities
• Towns
• Special districts
• Most numerous form of government

71
3.1
FIGURE 3.3 How many governments exist in the
United States?
72
3.1
3.1 What is the source of governmental authority
in the U.S. federal system?

• The states
• The people
• The president
• The federal legislature (Congress)

73
Federalism and the Marshall Court
3.2

• Defining National Power McCulloch v. Maryland
  (1819)
• Affirming National Power Gibbons v. Ogden (1824)

74
Defining National Power McCulloch v. Maryland
(1819)
3.2

• First Court decision to define national and state
  government relationship
• Could Congress charter a bank?
• Could states tax it?

75
Affirming National Power Gibbons v. Ogden (1824)
3.2

• Congresss 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

76
3.2
3.2 Which Supreme Court cases restricted the
powers of the national government?

• Barron v. Baltimore (1833)
• McCulloch v. Maryland (1819)
• Gibbons v. Ogden (1824)
• None of the above

77
Dual Federalism States Rights, the Civil War,
and Reconstruction
3.3

• States Assert Their Powers Nullification
• States Rights and the Dred Scott Decision
• Reconstruction and the Transformation of Dual
  Federalism
• Amending the National-State Relationship

78
States Assert Their Powers Nullification
3.3

• 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

79
States Rights and the Dred Scott Decision
3.3

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

80
Reconstruction and the Transformation of Dual
Federalism
3.3

• Nullification, dual federalism destroyed by Civil
  War
• Reconstruction
• New state constitutions
• Supreme Court limits state power
• Monopolies outlawed

81
3.3
How did the relationship between state and
federal governments change after the Civil War?
82
Amending the National-State Relationship
3.3

• Sixteenth Amendment
• Money is power
• Seventeenth Amendment (1913)
• Direct election of senators

83
3.3
3.3 The theory that states can refuse to abide
by federal laws violates what clause of the
Constitution?

• Supremacy clause
• Necessary and Proper clause
• First Amendment
• Full Faith and Credit clause

84
Cooperative Federalism Growth of National
Government
3.4

• Cooperative Federalism
• Marble cake versus layer cake
• Need for National Action Arises The New Deal

85
Need for National Action Arises The New Deal
3.4

• Great Depression
• New Deal programs increased federal authority
• States could not solve these problems on their
  own
• Local government involvement
• Constitutional challenges

86
3.4
How did FDRs actions change conceptions about
federalism?
87
3.4
3.4 What do we call the type of federalism that
developed in the 1930s?

1. New Deal federalism
2. Progressive federalism
3. Layer cake federalism
4. Cooperative federalism

88
Federal Grants to State and Local Governments
3.5

• Categorical Grants
• Block Grants
• Programmatic Requests

89
Categorical Grants
3.5

• 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

90
Block Grants
3.5

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

91
Unfunded Mandates
3.5

• No Child Left Behind (2001)
• Unfunded Mandates Reform Act of 1995

92
3.5
Who supported scaling back the federal government
and increasing the use of block grants?
93
Programmatic Requests
3.5

• Funds earmarked for specific projects within
  states
• Secured by lobbyists or members of Congress for
  their districts
• Bringing the pork back home

94
3.5
3.5 How do block grants differ from categorical
grants?

1. They provide less money to states.
2. They provide more money to states.
3. They have fewer restrictions on how they are
   spent
4. They have more restrictions on how they are spent

95
Judicial Federalism
3.6

• The Rehnquist Court
• The Roberts Court

96
The Rehnquist Court
3.6

• Appointed by Reagan
• Committed to states rights
• Rolled back federal authority
• U.S. v. Lopez (1995)

97
The Roberts Court
3.6

• Has decided with federal government
• Immigration
• Health care reform

98
3.6
Video In the Real World
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg5_Federalism_v2.html
99
3.6
3.6 From the New Deal until the 1980s, the
attitude of the Court toward federal authority
was

1. To expand it
2. To limit it
3. To expand it in one or two areas only
4. To keep the balance as the Framers intended in
   the 1780s

100
Discussion Question
3

• 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?

101
3
Video So What?
http//media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/OConner_Ch03_Federalism_Seg
6_v