Constitutional Underpinnings

1. Constitutional Underpinnings We will begin when the timer hits zero. Please enter with your FIRST and LAST name. Can you find the any terms in the word search related to the Constitution?

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4. Students will… • review material on early government and federalism.

5. Constitutional Underpinnings and Federalism makes up = 5-15% …and so will YOU! OHHHHH YAAAHHH!

6. So…what exactly is meant by “Constitutional underpinnings”

7. According to the College Board • I. Constitutional Underpinnings of United States Government (5-15%) • Such understanding addresses specific concerns of the framers: e.g., Why did Madison fear factions? What were the reasons for the swift adoption of the Bill of Rights? • Familiarity with the Supreme Court's interpretation of key provisions of the Constitution will aid student understanding of theoretical and practical features of federalism and the separation of powers. • Students should be familiar with a variety of theoretical perspectives relating to the Constitution, such as democratic theory, theories of republican government, pluralism, and elitism. • Considerations that influenced the formulation and adoption of the Constitution • Separation of powers • Federalism • Theories of democratic government

8. Please a symbol on your level of confidence on this area of the test.

9. Types of democracy? 1. _____________________: rule by the people themselves. (Ancient Greece) 2. _____________________ (representative): rule by elected representatives. Founders' distrust of direct democracy: 1. Impracticalities 2. Fleeting passions of the people --->concern that they would be swayed by demagogues.

10. How can a republic solve the problems of a direct democracy?

11. Let’s talk theory…

12. BRAIN BREAK—Best Meme C. A. B. D.

13. Circle the influences on early American Government

14. Origins of the American Republic Sources of the Constitution A. British Customs and Traditions, e.g., Magna Carta and English Bill of Rights. B. European Philosophers, e.g., Locke, Hobbes, Montesquieu, Rousseau C. Colonial experiences, e.g., power of elected assembly. D. State constitutions written after the Declaration of Independence, e.g., Preamble closely resembles the introduction to the Massachusetts Constitution.

15. The Colonial Experience Shaped the Founding Fathers worldview

16. Timeline • Lexington and Concord, May 1775 • Declaration of Independence, 1776 • Articles of Confederation, 1781-1789 • Constitutional Convention, 1787

18. What did the Founding Fathers need to agree upon to make the Constitution pass?

19. Federalist or Anti-Federalist Ideal • 1. _______ Strong Central Government. • 2. _______Madison, Jay and Hamilton • 3. _______ Strong States • 4. _______Pushed for Bill of Rights • 5. _______Small farmers, shopkeepers, etc.

23. All of the following serve as checks on the power of the federal courts EXCEPT: • Federal judges can be impeached • (B) The voters can oust federal judges in national elections. • (C) Congress can pass a law clarifying “legislative intent” • (D) Presidents, governors, and local executives can refrain from enforcing court rulings. • (E) Congress and the states legislatures can amend the Constitution.

24. All of the following serve as checks on the power of the federal courts EXCEPT: • Federal judges can be impeached • (B) The voters can oust federal judges in national elections. • (C) Congress can pass a law clarifying “legislative intent” • (D) Presidents, governors, and local executives can refrain from enforcing court rulings. • (E) Congress and the states legislatures can amend the Constitution.

25. Which of the following was the most important effect of replacing the Articles of Confederation with the Constitution of 1787? • The protection of free speech • The guarantee of states’ rights • (C) The establishment of direct democracy • (D) The creating of a strong national government • (E) The establishment of judicial review

26. Which of the following was the most important effect of replacing the Articles of Confederation with the Constitution of 1787? • The protection of free speech • The guarantee of states’ rights • (C) The establishment of direct democracy • (D) The creating of a strong national government • (E) The establishment of judicial review

27. In The Federalist No. 10, James Madison argued that factions in a republic are • a more serious threat if the republic is large • natural but controllable by institutions • not likely to occur if people are honest • prevented by majority rule • prevented by free elections

28. In The Federalist No. 10, James Madison argued that factions in a republic are • a more serious threat if the republic is large • natural but controllable by institutions • not likely to occur if people are honest • prevented by majority rule • prevented by free elections

29. The importance of Shay’s Rebellion to the development of the Constitution of the United States Constitution was that it • revealed the necessity of both adding the Bill of Rights to the Constitution and creating a new system of checks and balances (B) demonstrated the intensity of anti-ratification sentiment within the thirteen states (C) indicated that a strong, constitutionally designed national government was needed to protect property and maintain order (D)convinced the delegates attending the Constitutional Convention to accept the Connecticut Plan (E) reinforced the idea that slavery should be outlawed in the new Constitution

30. The importance of Shay’s Rebellion to the development of the Constitution of the United States Constitution was that it (A) revealed the necessity of both adding the Bill of Rights to the Constitution and creating a new system of checks and balances (B) demonstrated the intensity of anti-ratification sentiment within the thirteen states (C) indicated that a strong, constitutionally designed national government was needed to protect property and maintain order (D)convinced the delegates attending the Constitutional Convention to accept the Connecticut Plan (E) reinforced the idea that slavery should be outlawed in the new Constitution

31. Brain Break: Place a symbol next to how you feel

32. Part II: Federalism Expressed, implied, inherent Reserved Concurrent

33. Federalism

34. Matching…Federalist Style Exist for the national government because the government is sovereign expressed or enumerated powers specifically given to the national govt. Reasonably inferred from the Constitution. • Delegated • Implied • Inherent

35. Who reigns under the Supremacy Clause?

36. Landmark Cases What case is this? McCulloch v. Maryland

37. Dual Federalism Which cake came first?

38. New Federalism Which presidents would you associate with DEVOLUTION?

39. Fiscal Federalism Examples: Grant-in-aid programs: $ from the federal government to the states for special projects, i.e. public works, land grants, etc. Categorical grants: $ for specific programs (i.e, roads, airports, housing, bilingual education). National govt. agrees to pay a portion of the costs for these, and states pick up the balance Block Grants: Granted to support a collection of general programs (e.g., urban development, transportation) ---> more state leeway in spending of the money. Mandates: Requirements imposed upon states by the federal government—i.e. Americans with Disabilities Act, Clean Water Act, No Child Left Behind The name given to a system of financial transfers between the federal and state and local governments to pursue policy initiatives.

40. Cartoons on unfunded mandates

41. Which of the following best defines the constitutional interpretation of federalism? (A) The federal government and the states each have separate and mutually exclusive roles and responsibilities; neither controls the other (B) The states have some powers reserved to them which they may exercise if the Supreme Court permits (C) The federal government and the states have separated but overlapping powers; where these powers conflict the federal government prevails (D) The states may only exercise those powers delegated to them by Congress (E) The federal government may exercise only those powers specifically enumerated in the Constitution

42. Which of the following best defines the constitutional interpretation of federalism? (A) The federal government and the states each have separate and mutually exclusive roles and responsibilities; neither controls the other (B) The states have some powers reserved to them which they may exercise if the Supreme Court permits (C) The federal government and the states have separated but overlapping powers; where these powers conflict the federal government prevails (D) The states may only exercise those powers delegated to them by Congress (E) The federal government may exercise only those powers specifically enumerated in the Constitution

43. Diversity of public policy throughout the United States is primarily a consequence of (A) federalism (B) separation of powers (C) innovation within bureaucratic agencies (D) decentralization in the Senate (E) lack of party discipline in the House

44. Diversity of public policy throughout the United States is primarily a consequence of (A) federalism (B) separation of powers (C) innovation within bureaucratic agencies (D) decentralization in the Senate (E) lack of party discipline in the House

45. The terms “fiscal federalism” and “cooperative federalism” refer to situations in which (A) the federal government completely dominates state and local governments (B) states are forbidden any activity that has not been specifically approved by the Supreme Court (C) the federal judiciary uses its power of judicial review to ensure congressional dominance over state legislature (D) state, municipal, and local income taxes are pooled by special agreement and redistributed in accordance with individual need (E) federal, state, and local governments work together to complete a project, with the federal government providing much of the project funding

46. The terms “fiscal federalism” and “cooperative federalism” refer to situations in which (A) the federal government completely dominates state and local governments (B) states are forbidden any activity that has not been specifically approved by the Supreme Court (C) the federal judiciary uses its power of judicial review to ensure congressional dominance over state legislature (D) state, municipal, and local income taxes are pooled by special agreement and redistributed in accordance with individual need (E) federal, state, and local governments work together to complete a project, with the federal government providing much of the project funding

47. In the organization of government, the principle of federalism is illustrated best by the (A) President’s power as commander in chief (B) separation of powers between the United States Supreme Court and Congress (C) representation system for electing senators (D) qualifications for the office of President (E) federal bureaucracy

48. In the organization of government, the principle of federalism is illustrated best by the (A) President’s power as commander in chief (B) separation of powers between the United States Supreme Court and Congress (C) representation system for electing senators (D) qualifications for the office of President (E) federal bureaucracy

49. Recap—What was your greatest take away from the session • Did we meet our objective? • To review material on early government and federalism.

50. How can we help you…to help YOU? Resources to assist you • College Board Exam Review • Shmoop • A recommended AP Review book • Call your instructor • Webinars • Discussion-Based Assessments • 1-1 Help How can I help you?