Unit 2

1. Unit 2 Constitutional Foundations

2. The Constitution • Is it just an old, dusty, historical document with little relevance to our daily lives? • Or • Does it have relevance to our daily lives? • If so, what? • Examples?

3. Purposes & Functions of a Constitution • Defines and limits government’s powers • Lists the rights of the people • Establishes the structure of government • Provides the rules & operating procedures for government • Serves as: • The supreme law of the land • Fundamental law of the land

4. Mayflower compact Legalized the Pilgrim’s position as a body politic Colonial Charters (1624-1732) Colonial Assemblies Every colony in the New World had an assembly The Constitutional Tradition

5. Magna Charta • Signed by British King John in 1215 • Why important? • It placed the first written limitations on the powers of the British king • It was the first tiny little step on the road to limited government and, eventually, a democracy

6. John Locke • A British political philosopher writing in the 1680s and 1690s • His importance? • He was the most widely read ( by our founding fathers) political philosopher • His political ideas had more influence than anyone else’s on the political beliefs of our founding fathers and the Declaration of Independence and US Constitution

7. John Locke’s Principles of Government • 1.  ALL MEN ARE CREATED EQUAL • 2. ALL PEOPLE HAVE “CERTAIN UNALIENABLE RIGHTS” INCLUDING LIFE, LIBERTY, AND PROPERTY • 3.   GOVERNMENTS ARE CREATED BY PEOPLE “TO SECURE THESE RIGHTS” • 4.   ALL GOVERNMENTAL POWER IS BASED ON “THE CONSENT OF THE GOVERNED” • 5. IF GOVERNMENT BECOMES DESTRUCTIVE OF THESE ENDS, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR TOABOLISH IT

8. Goal: to bring the thirteen states together while allowing each state to remain independent Adopted on March, 1, 1781 Under the Articles, each state issued its own currency Articles of Confederation (1781-1789)

9. Articles of Confederation Government-1 • A Confederation • Only one branch • No executive branch—fear of executive tyranny • No judicial branch—fear national courts would overrule state courts and diminish state power

10. Articles of Confederation Government-2 • Congress • Only one house (unicameral) • Equal representation—every state had only one vote • One year terms • Could be recalled and replaced at anytime • Voted on instructions from their home state • Paid by their home state • Most decisions required 9 of 13 states to agree--a ¾ majority

11. Articles of Confederation Government-3 • Powers national government lacked • Taxation • (relied on voluntary state donations) • Regulation of commerce • Raising an army or navy • Relied on volunteers and state militia • No enforcement power of national laws • Articles of Confederation Constitution could only be amended if all 13 states agreed

12. Financial Difficulties Commercial Obstacles Defense (or lack of!) Civil Disorder Lack of international respect Troubles Confronting a New Nation

13. Constitutional Convention • Called after Shays Rebellion • Purpose: “for the sole and express purpose of revising the Articles of Confederation” • All recommended changes to be reported back to Congress for their approval • No recommendation effective unless approved by Congress and ALL 13 state legislatures (as provided for in the A. of C. Constitution)

14. Delegates at Convention • Met in Philadelphia • 12 states sent the 55 delegates • Most had political experience • Almost half were college graduates • Most were men of wealth & influence • Most of work done by core group of 30 • On final day, 39 of 42 delegates signed the Constitution

15. Liberty and Property Social Contract Representative Government Limited Government Nationalism Consensus in Philadelphia

16. Dispute State Representation Slavery Economics Compromise Bicameral Congress Senate: = representation House: based on pop. Leave to each state 3/5 Compromise 1808 Compromise No export taxes Constitutional Disputes & Compromises

17. Six Major Constitutional Provisions • Separation of Powers • Executive, Legislative, Judicial • Checks and Balances • Each branch has power to block actions of other two • Federalism • Dividing power fairly evenly between national & state governments = more of a partnership • Judicial Review • Power of Courts to declare govt. laws & actions unconst’l • Limited Government • Article I—Section 9 (powers prohibited the national govt.) • Bill of Rights • Popular Sovereignty

18. Separation of Powers

19. Checks and Balances

20. Who Has Power: Unitary, Confederate & Federal Systems • Unitary • Confederate • Federal

21. All power in hands of the national government State & local governments simply implement decisions made by national government Uniformity of laws & policies nationwide Unitary

22. Majority of power in hands of state governments National government’s powers are limited & restricted National government must often rely on states for implementation, etc. Confederation

23. Power more evenly split between national and state governments Each is an independent level of government with its own set of powers This is more of a partnership between national & state governments Federal

24. Federalism

25. Was the US a Democracy in 1789? • No, why not? • The founding fathers did not trust the common people—Why? • Only 5% of the population was eligible to vote • Voting requirements: white, male, property owner, & some religious requirements • The only part of the national government to be elected by the people in 1789 was… • The House of Representatives

26. Five Methods of Constitutional Change • Constitutional Amendment • Judicial Reinterpretation • Presidential Actions • Congressional Laws • Changing Customs & Traditions

27. Amendment Process

28. Some of the greatest changes to the constitution have come about not by formal amendment but by reinterpretations of the document by federal courts Segregation School Prayer Abortion Judicial Reinterpretation

29. Presidential Actions • The president tries to expand the meaning of “executive Power” • Fighting undeclared wars • Use of implied powers not mentioned in the constitution: • Executive agreements • Executive privilege • Impoundment

30. Congressional Action • Equal Access Law

31. Constitutional Change: Custom and Practice • Political Parties: as a method of nominating candidates • The Electoral College: from an elite group of free-thinking persons to a rubber stamp of the popular vote

32. First Amendment • “Congress shall make no law respecting the (1) establishment of religion, or prohibiting the (2) free exercise thereof, or abridging the (3) freedom of speech, or of (4) thepress, or the (5) right of the people to peaceably to assemble, and (6) to petition Governmentfor a redress of grievances.” • = freedom of expression protected

33. Fourteenth Amendment • “All persons born in the United States…are (1) citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall (2) abridge the privileges and immunities of citizens of the U.S., nor shall any State (3) deprive any person of life, liberty, or property without due processof law,nor (4) deny to any person…the equal protection of the laws.”

34. FULL FAITH & CREDIT CLAUSE • “FULL FAITH & CREDIT SHALL BE GIVEN IN EACH STATE TO PUBLIC ACTS, RECORDS, & JUDICIAL PROCEEDINGS OF EVERY OTHER STATE” • ARTICLE IV, SECTION 2 • “And congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect there of.”

35. PRIVILEGE & IMMUNITIES CLAUSE • “THE CITIZENS OF EACH STATE SHALL BE ENTITLED TO ALL PRIVILEGES AND IMMUNITIES OF CITIZENS IN THE SEVERAL STATES” • ARTICLE IV, SECTION 2

36. Separation of Powers and Checks and Balances