Checks and Balances

1. Checks and Balances Alex and Gab Sawick

2. From the Beginning Articles of Confederation (1781): *created first form of government. *only with a legistlativebrach *extremely weak form of government ***Shay’s Rebellion brought on the realization that a stronger government was necessary***** Constitution (1787): 3 branch government each branch with the power to check the other. *states had a major say since nine were necessary

3. From the Beginning • Bill of Rights: *9th Amendment: The enumeration in the Constitution of certain rights shall not be construed to deny other retained by the people. *10th Amendment: Any power not given to the federal government in the constitution was given to the states and the people. • Judiciary Act (1789): created Supreme Court which could check legislative and executive branches • Judiciary Act (1801): put into office “Midnight Judges” to hold Federalist influence even when Adams was gone

4. From the Beginning • Marbury v Madison (1803): established judicial review in which the Supreme Court could decided the constitutionality of laws • 12th Amendment (1804): redid Electoral College after Election of 1800

5. Checking by the Supreme Court • Fletcher v Peck (1810): first case that a state law was declared unconstitutionality. *upheld power of private contracts • McCulloch v Maryland (1819): “Necessary and proper clause” feds have the power to pass necessary laws even if not stated in Constitution • Dartmouth College v Woodward (1819): upheld power of contracts against state and federal government • Gibbons v Ogden (1824): Congress controls interstate commerce

6. analysis • Checks and balances at this time was a relatively new thing, especially since of the new government sent forth by the Constitution • Power of the federal government went from extremely loose to a stronger federal government • Many significant Supreme Court cases shaped the way the country dealt with things (judicial review, Congress controls interstate commerce etc.)

7. Jefferson • Note that nobody checked Jefferson for the Louisiana Purchase. • No where in the Constitution gave him the power to make such a purchase without checking with Congress

8. Jacksonian Era • Vetoes: *Maysville Road Bill *BUS- felt that it put the economy in the hands of Biddle (the wealthy) *used the veto 12 times, more than he past presidents combined • Spoils system was put into effect

9. Civil War Era • Dred Scott case (1857): Checked the law (Missouri Compromise) that declared slavery illegal above the compromise line because slaves are property. • Secession of Confederate States: No one checked the power of the state governments to leave the Union • Lincoln suspended certain rights like habeas corpus- never checked by Congress or Supreme Court

10. Analysis • This era showed a drastic switch in presidential power • Jefferson bought Louisiana Purchase even though Constitution didn’t call for it • Jackson used the veto countless times • Lincoln suspended certain rights during the Civil War

11. Reconstruction Era • 13thAmendment: freed the slave • 14th Amendment: citizenship for slaves • 15th Amendment: right to vote • Tenure of Office Act (1867): restricted the power of the president to remove officials from office without the consent of Congress *Passed over Johnson’s veto • Impeachment of Johnson: first impeachment of a president, violated Tenure of Office Act

12. Gilded Age • CreditMobilierScandal • Tweed Ring • Remember Boss Tweed and Thomas Nast • Whiskey Ring Scandal

13. Late 19th Century • Munnv Illinois: allowed states, not the president, to regulate commerce within their own borders. • Pendleton Act (1883): checked the presidency by ending the spoils system and gave jobs based on merit • Wabash RR v Illinois (1886): The court declared invalid an Illinois law prohibiting long- and short-haul clauses in transportation contracts as an infringement on the exclusive powers of Congress granted by the commerce clause of the Constitution. • Plessy v Ferguson (1896): attempted to check the power to allow segregation, Court approved

14. analysis • This time period seriously checked the power of the President (Tenure of Office Act, impeachment of Johnson, and Pendleton Act limited power of president and gave control back to Congress) • Scandals were more cracked down upon • More power given to states in Plessy v Ferguson, even though that case wasn’t for the better

15. Presidential Authority in the New Deal • Courts strike down AAA and NRA • But no where in the Constitution was there the power to declare a bank holiday? • Supreme Court declared the National Industrial Recovery Act unconstitutionally gave the president the power to regulate petroleum transportation • Executive Order 6102: declared that all citizens hand over gold to be exchanged for U.S. dollars • Frazier Lemke Banking Act- aid to farmers was declared unconstitutional by the Courts

16. Presidential Authority in the New Deal • Court Packing Plan- granted the President power to appoint an additional Justice to the U.S. Supreme Court for members over the age of 70 years and 6 months. Shot down by Court • 22nd Amendment- limited the presidency to two terms

17. Cold War • Kennedy violated presidential power in Bay of Pigs- invading a country without approval of the UN Security Council is illegal • Redeemed himself by using authority to end Missile Crisis-unchecked by Court • In the Vietnam War, no formal war declarations were ever made • Most notably Cambodia-which was never approved by the UN Supreme Council • War Powers Act made it a rule that the President update Congress on such decisions of war within 48 hours.

18. Late 20th century scandal • Watergate Scandal caused attention that was quickly and thoroughly investigated and checked- caused Nixon to resign • Significant due to the large impact the branches of government had on checking this Clinton impeached- he was convicted of perjury and obstruction of justice and was therefore checked and impeached.