The Constitution

1. The Constitution

2. Constitution • Definition • A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. • Sets the broad rules of the game. • The rules are not neutral- some participants and policy options have advantages others don’t.

3. Federalism • What is Federalism? • Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people. • Intergovernmental Relations - • Definition: The workings of the federal system- the entire set of interactions among national, state and local governments.

4. Division of Powers • Delegated Powers: powers the Constitution grants or delegates to the national gov’t • Expressed/Enumerated Powers: those powers directly expressed or stated in the Constitution • Implied Powers: those powers that the national gov’t requires to carry out the powers that are expressly defined in the Constitution • Necessary and Proper/Elastic Clause (Article I, Sec 8) • Inherent Powers: those the national gov’t may exercise simply b/c it’s the gov’t • Reserved Powers: those powers that belong strictly to the states • Supremacy Clause (Article VI, Sec 2) • Concurrent Powers: those powers that both the national and state gov’ts have • Denied Powers: the powers that the Constitution specifically denies to all levels of gov’t • Article I Sec 9 and 10

5. Defining Federalism

6. Defining Federalism • Why is Federalism So Important? • Decentralizes our politics • More opportunities to participate • Decentralizes our policies • Which government should take care of which problem? • States can solve the same problem in different ways.

7. The Constitutional Basis of Federalism • The Division of Power • Supremacy Clause: • McCulloch vs. Maryland • Gibbons vs. Ogden • The U.S. Constitution • Laws of Congress • Treaties • State Constitutions • State Laws

8. The Constitutional Basis of Federalism

9. Intergovernmental Relations Today • Dual Federalism • Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. • Like a layer cake • Ended in the 1930’s

10. Intergovernmental Relations Today • Cooperative Federalism • Definition: A system of government in which powers and policy assignments are shared between states and the national government. • Shared costs • Shared administration • States follow federal guidelines

11. Intergovernmental Relations Today

12. Intergovernmental Relations Today • Fiscal Federalism • Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments. Figure 3.2

13. Intergovernmental Relations Today • Federal Grants to State and Local Governments (Figure 3.1)

14. Intergovernmental Relations Today • Fiscal Federalism continued • The Scramble for Federal Dollars • $400 billion in grants every year • Universalism - a little something for everybody • The Mandate Blues • Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. • Funded mandate-given money to carry out the policy • Unfunded mandates are requirements on state & local governments - but no money

15. Advantages for Democracy Increasing access to government Local problems can be solved locally Hard for political parties / interest groups to dominate ALL politics Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government - too much money Understanding Federalism

16. Understanding Federalism • Spending on Public Education (Figure 3.4)

17. Understanding Federalism

18. Understanding Federalism • Federalism and the Scope of Government • Which level of government is best able to solve the problem? • Which level of government is best able to fund solutions to the problem?

19. English Documents that Influenced U.S. Government • Magna Carta or Great Charter (1215) • Rebelling English nobles made King John sign it • At first the rights granted in the Charter only applied to nobles • 63 articles limiting the King’s power and granting rights to nobles • Taxes could NOT be imposed unless council of nobles approved • Property protected • Trial by jury of peers • Protection against unjust punishment and the loss of life • Prevents interfering with certain religious freedom

20. The Petition of Right (1628) • Gives more rights to Parliament, and further limits the authority of King Charles the I monarchy • King couldn’t arrest members of Parliament • Members of Parliament were protected from the King if they disagreed with him (Article 1, Sec 6, Clause 1) • Couldn’t imprison citizens without legal reason • Must have approval of the House of Commons to impose taxes (Article 1, Sec 7, Clause 1) • King Charles I decided to ignore the Petition • War broke out and the common people won (Charles I was beheaded) • Parliament established their supremacy over the King

21. English Bill of Rights (1688) • The Glorious Revolution: Parliament chose new leaders (William and Mary • English Bill of Rights incorporated ideas from the Magna Carta • Also applied to the American colonies • Set limits on monarchs • The monarch has no “divine rights” regarding ruling • 1st Amendment: right to petition gov’t • Right to bear arms • 2nd Amendment • Fair and speedy trial • 6th Amendment • No cruel or unusual punishment or excessive bail • 8th Amendment • Right of Parliament (not the monarch) to approve keeping a standing army in peacetime • Article 1, Sec 8, Clause 12, 13, 14) gives Congress the right to establish and support a military • Right of free speech and debate in meetings of Parliament • Article 1, Sec 6, Clause 1 gives Congress the same right • No interference with elections

22. Representative gov’t: the people elect delegates to make laws and conduct gov’t • British framework for a representative gov’t: • House of Lords (upper house) • Contains aristocracy who dominated until 1700s (Bishops and Nobles) • Either appointed or position inherited • Prince Charles and children • No power and/or figurehead • House of Commons (lower house) • Contains merchants and property owners • Elected by other property owners and merchants • Today they have the real power

23. Gov’ts in the colonies all had: • Governors and courts • Legislature (Council of advisors) • Eventually a Legislature of elected reps • Separation of legislative and executive branch • Written constitution that limited govn’t • Need property to vote • Democracy in its current form didn’t exist • Women and slaves couldn’t vote • 9 of 13 colonies had an official church (religious dissent not tolerated)

24. Mayflower Compact (1620): first written agreement providing self-gov’t drafted by colonists • Signed by 41 male pilgrims • Why was the Compact needed? • Navigation errors pushed their ship off course which forced them to land in an area outside the original grant given by the Virginia Company (jurisdiction) • Pilgrim leaders knew they would need to set up some form of gov’t to control all the people

25. Expanding Written Laws • Great Fundamentals (1636): meant the need for more comprehensive laws as Mass Bay grew larger around Plymouth • Fundamental Orders of Connecticut (1638): Puritans who left Mass Bay colonized Connecticut and established America’s first formal constitution or charter • Gave people the right to elect the governor, judges, and reps to make laws, and didn’t restrict voting rights to church members

26. Representative Assemblies in Colonies • Virginia House of Burgesses (1619): first reps assembly in America • Created a law that required every town of 50 families to hire a schoolmaster and every town with 100 families must hire someone that can teach Greek and Latin • Colonial legislatures dominated colonial gov’t

27. John Locke • Philosopher • “Two Treatises on Government” • Textbook on the American Revolution • Revolutionary ideas in a time when monarchs still claimed divine power • “life, liberty, and property” (influenced Jefferson)

28. State Constitutions • States saw themselves as “states” • No higher authority • Common features • Bill of Rights • Separation of powers • Limited government

29. Iroquois Confederation • 5 nations: Mohawk, Onondaga, Oneida, Cayuga, Seneca • 1570 • Very organized plan of government • Each nation elected a representative • 1 vote per nation • Women’s representation

30. British Control and the Road to Revolution • The colonies were expected to serve as a source of raw materials and a market for British goods • The colonists were allowed to govern themselves in exchange for loyalty to the mother country and stopping the expansion of the French in Canada • King George III was the leader of Britain in 1760 • French and Indian War (1754-1763) • Struggle between Fr. and Br. over land in OH river valley (OH, PA) • British needed to finance the war so taxes were levied on the colonies • Relations now changed and strained • Once the British win, they have more land to defend and need to control the seas • More items are taxed, which increase tensions b/w the colonies and Britain

31. Colonies Try to Unite • Why unite: • Develop an army and navy to stop Indian attacks and attacks from other countries • Levy taxes so the colonists can support themselves • Regulate their own issues with NA b/c they are actually living amongst the NA • Albany Plan of Union (1754): first attempt to unify the colonists • Ben Franklin came up with the plan • The idea was rejected b/c it gave too much power to the central gov’t • British felt the plan gave too much power to their subjects (colonists)

32. The Origins of the Constitution • The Road to Revolution • Colonists didn’t like the way they were treated. • In summer of 1776, a small group of men met in Philadelphia and passed a resolution that started a war • The colonists were some of the lowest taxed members of the British Empire -Many merchants felt the impact of taxes, but most of the colonists felt no impact what-so-ever by the taxes • Some call the Revolutionary War a “rich man’s war, but a poor man’s battle.”

33. FINANCING THE EMPIRE • Protecting the colonists against attack was an expensive service for the British Empire to provide • Taxes • Sugar Act (1764): create an import tax of foreign sugar, etc • Stamp Act (1765): tax on printed matter of all kinds • This was the first direct tax on the colonists • The colonists felt they were being taxed without any of their input (“no taxation without representation”) • Stamp Act Congress (1765): tried to get the Stamp Act repealed • Nine colonies sent delegates to this meeting in NY • First meeting organized by colonists to protest King George III actions • Petitions were sent arguing only colonial legislatures could impose taxes • Results of the Stamp Act Congress: • Colonists passed a non-importation agreement (won’t buy British goods) • The stamp act was repealed but: • Declaratory Act (1766): asserted the “full power and authority” of the Parliament to make laws for America

34. Acts that tick off the Americans • Townshend Acts (1767): import duties on common items (tea, dyes, glass, etc) • Writs of assistance: special search warrants that allowed unlimited access • Tea Act (1773): excused the British East India Company from paying certain duties and gave the company exclusive rights to the tea trade in America • American merchants were afraid the British East India Company would acquire a monopoly on tea trade • Colonists were upset by the tax placed on tea • Boston Tea Party (1773): colonists dressed up as Mohawk Indians and dumped 342 chests of British tea into the Boston Harbor • Coercive/Intolerable Acts (1774): a set of four laws designed to punish the colonists for the Boston Tea Party • Closed the port of Boston until colonists paid for the tea they dumped • Revoked Mass charter and didn’t allow the Mass colonists to hold town meetings • Allowed royal officials charged with crimes to be tried in England • Quartering Act ordered local officials to provide food and housing, in private homes if necessary, for British soldiers

35. The First Continental Congress (1774) • Delegates from 12 colonies decided to meet in Philadelphia • Georgia didn’t send a delegate b/c they needed the help of British soldiers to fend off the Indians that were attacking • Colonists were trying to decide what should be done about the bad relations with GB • Embargo placed on GB • Could not use any British goods in the colonies • Proposed another meeting a year later if relations didn’t improve

36. The First Battle in April 1775 and Beyond • British redcoats clashed with minutemen at Lexington and Concord in Mass • The clash was called “the shot heard round the world” • Second Continental Congress (May 1775) • All 13 colonies sent delegates to Philadelphia • John Hancock was elected the President of the Congress • They assumed the power of the central gov’t • George Washington was placed in command of the colonial army • The Declaration of Independence was developed • Olive Branch Petition (July 5, 1775): for the final time—appealed to their king to redress colonial grievances in order to avoid more bloodshed • Aug 1775 - King George declared a state of rebellion and “Traitors should be brought to justice” • Dec 1775 - Parliament (GB) prohibited all trade with colonies

37. Declaration of Independence • Committee of 5 to write Declaration of Independence • T. Jefferson • J. Adams • B. Franklin • R. Sherman • R. Livingston • T. Jefferson - wrote • B. Franklin aided Jefferson • Elder statesman (oldest member)

38. Declaration of Independence • Richard Henry Lee introduced his opinion about why the colonists should break away from GB on June 7, 1776 • Delegate from Philadelphia, Pennsylvania • Thomas Jefferson was appointed to write a rough draft of the Declaration of Independence • Thomas Paine wrote a pamphlet called Common Sense • It was used to rally support from the colonists for breaking away from GB • On July 4, 1776 Congress approved the final draft of the Declaration of Independence

39. Declaration of IndependenceJuly 4, 1776 • Declaring Independence • The Declaration of Independence listed the colonists grievances against the British. • The founding fathers officially engaged in an act of treason that was punishable by death • The “Conservative” Revolution • Restored rights the colonists felt they had lost • Not a major change of lifestyles

40. The Origins of the ConstitutionDeclaration of Independence

41. Five Parts to the Declaration • States human/natural rights • Justify the colonists’ revolt • Lists 27 grievances against King George III • What the colonists have done to resolve the issue peacefully • Statement of determination to separate and gain independence

42. The Government That Failed • The Articles of Confederation • The first document to govern the United States • Congress had few powers (Article 1. Section 8) • States could engage in foreign trade (Article 1, Sec, 8, Clause 3 is the opposite) • Changes in the States • Expanded political power for some • Expanding economic middle class • Ideas of equality spreading

43. The Government that Failed

44. Strengths • Kept the states together effectively enough to win the Revolutionary War • All states had written constitutions • People had power; gov’t existed to serve people’s needs • States had 3 branches of gov’t • Executive • Legislative • judicial • Had Bill of Rights • Free speech, press, religion; jury trial • State put more power in legislature and less in executive • Could be amended (changed) • Northwest Ordinance (1787): outlined a plan for settling lands west of the Appalachians • Est the principle that newly formed states are = to older states • Guaranteed religious freedom and prohibited slavery in the new territories • Treaty of Paris (1783): GB recognize3d American independence

45. Weaknesses • One-house legislature (unicameral Congress) of delegates from all states • Each state had one vote • 9/13 states to approve laws • Could not tax (could ask for $) • Could not regulate trade • Could not control currency (states printed own money) • No executive or judiciary (no one to enforce or carry out laws) • Congress only had the powers expressly given to them in the Articles (lawmaking and military decisions) • A very weak central gov’t was created, but had strong state gov’ts • Makes sense since the colonists feared the strong central gov’t of GB, so why create the same thing

46. Powers • Wage war • Make peace treaties/alliances • Create army/navy • Borrow money • Create a post office • Settle disputes between states

47. Problems with Articles State Issues, Money Issues, and Rebellion after the WAR • States quarreled amongst themselves • Boundary disputes and tariffs • Farmers had to pay a tax to sell their produce in another state • Money problems after the War • $40 million owed to foreign gov’ts and American soldiers that fought in the War • Shays’ Rebellion (Daniel Shays, 1776) • A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings • State legislatures would not help farmers in debt • Land, tools, livestock were taken to pay debt (some were jailed) • Marched on county courthouses; moved to take arsenal; stopped by state militia

48. The Government That Failed • The Aborted Annapolis, Maryland Meeting (Sept 1786) • An attempt to discuss changes (amending) to the Articles of Confederation. • Attended by only 12 delegates from 5 states. • Wanted to also discuss commerce and trade among states • Called for a meeting in May 1787 to further discuss changes.

49. Making a Constitution:The Philadelphia Convention • Gentlemen in Philadelphia May 25, 1787 • George Washington presided over the meetings • James Madison, from Virginia, took detailed notes • Father of the Constitution (basically adopted his plan) • 55 men from 12 of the 13 states • Mostly wealthy planters & merchants • Most were college graduates with some political experience • Many were coastal residents from the larger cities, not the rural areas • Rhode Island didn’t send delegates • Supported individual freedom and states’ rights

50. The Philadelphia Convention, continued • Philosophy into Action • Human Nature • Political Conflict • Objects of Government • Nature of Government