First Constitution: Articles of
Confederation
Written after the Revolutionary
war by Congress
Confederation among states
– Unicameral (one house of
Congress)
– One vote per state
– No Executive or Judicial Branches
Articles of Confederation
Powers of Congress: mostly related to defense
No power to tax, regulate trade, or make states
obey Congress
Economic chaos
Constitutional Convention
Philadelphia, 1787
Washington President of
Convention
Virginia Plan – favored large
states
Strong Federal Government
Three Branches of Government
Number of votes in Legislature is based
completely on population of states
New Jersey Plan – favored small
states
Strong Central Government
Only one Branch, the Legislative
Each state has equal representation regardless
of population
Connecticut (Great) Compromise
Combined both plans;
present Constitution
Three Branches,
strong Fed Gov
Representation based
on population in the
House but equally
represented in the
Senate
3/5 Compromise
South: count slaves in
their population
North: No way!
Comp: Each slave
counts as 3/5 of a
person for taxation and
representation
Agree… IF
personal rights
were preserved
and guaranteed!
“If Men were angels,
Government wouldn’t be
necessary. If angels were
to govern men, neither
external or internal
controls on government
would be necessary.”
~ James Madison
Federalists
Strong Central
Government shares power
with States
Delegated, Reserved, and
Concurrent powers
Alexander Hamilton
– War debt
Anti-Federalists
Feared a strong
central government
Liked the Articles of
Confederation in
theory
Keep the power in
the states
Thomas Jefferson
Compromise: Bill of
Rights
Popular Sovereignty
“government of the people for the people
by the people”
~Abraham Lincoln
Gettysburg Address
Government needs consent
from the people
The People created the
government
Limited Government
Government may only
do things that the people
have given it power to do
Government officials are
not above the law
Impeachment
Voted out
Appointments denied by
Senate
Concept 1: Separation of
Powers
A way of dividing power among three branches of
government in which members of the House of
Representatives, the Senate, the president, and the
federal courts are selected by and responsible to
different constituencies.
Separation of Powers
Legislative Branch
exists mainly to create
and pass laws
Executive Branch
mainly enforces laws
Judicial Branch mainly
interprets laws
Concept 2: Checks and
Balances
A government
structure that
gives each of the
three branches of
government some
degree of
oversight and
control over the
actions of the
others
Checks and Balances
Each branch is
restrained by the
other branch to
prevent power from
being too centralized
Examples of Checks/Balances
Congress can impeach a President
President can veto acts of Congress
Congress can over-ride a veto
President can pick Supreme Court
Justices
Congress must confirm Court choices
Supreme Court can rule any act of either
branch unconstitutional
Concept 3: Federalism
System of government in which power is divided
between the national government and the state
governments and in which independent states
are bound together under one national
government
Federalism
The division of power
among a central
government and local
governments
US: Local, State, and
Federal governments
Concept 4: Limited Government
A type of
government
in which its
functions and
powers are
written,
limited, and
restricted by
law to
protect the
citizenry.
National Government
May not violate the Bill of Rights
May not impose export taxes among states
May not use money from the Treasury without
the passage and approval of an appropriations
bill
May not change state boundaries
State Government
May not enter into treaties with other
countries
May not print money
May not tax imports or exports
May not Impair obligations of contracts
May not suspend a person's rights without due
process
Concept 5: Judicial Review
The Judicial
branch can rule
any act of
government
unconstitutional
Marbury V.
Madison
established this
power
Examples of Judicial Review
Brown v. Board of Education: Court rules
that segregation is unconstitutional
Roe v. Wade : Court rules that antiabortion laws are unconstitutional
US v Nixon: Court orders Nixon to hand
over Watergate tapes
Bush v Gore: Court orders state of Florida
to stop counting ballots in ’00 election
Cartoon #1
Which constitutional principle is represented in this cartoon? What is the message
the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #2
Which constitutional principle is represented in this cartoon? What is the message
the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #3
Which constitutional principle is represented in this cartoon? What is the message
the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #4
Which constitutional principle is represented in this cartoon? What is the message
the cartoonist is trying to get across? What symbols does the cartoonist use?
Basic Powers of
Government
Constitution gives 3 different kinds of powers to
the legislative branch:
Delegated Powers – specifically expressed for the Federal
Government
– War
Declaring
Raise and Maintain and Army
– Money
– Coin Money
– Patents/Copyrights
Implied Powers
What is reasonable?
Elastic clause:
– Congress may…
“make all laws which shall be necessary and
proper for carrying into execution the
foregoing powers, and all other powers
vested… in the government of the United
States”
Reserved Powers
Powers not mentioned in Const. go automatically
to the states
– Schools
– State laws
– Local Gov. and elections
**State Gov. regulates their own affairs**
Concurrent Powers
Concurrent Powers – Both are allowed
– Tax
– Spend
– Court Systems
– Making and enforcing laws
– Provide for the health and welfare of citizens
– Borrowing money
Amending the Constitution
Must be passed by
2/3 of Congress
Must be ratified by ¾
of States
There are 27
amendments
The first 10 are the
Bill of Rights
Informal Amendments
Constitution broadly worded –
built to last
Informal changes – not
actually changing the wording
1. Basic Legislation – laws define
the Constitution
2. Executive Action – How the
President enforces these laws
*”Commander in Chief” – Korea,
Vietnam, Gulf War, Bosnia, Iraq
3. Judicial Interpretations - Most influential with the
power of judicial review
Federalism and the Constitution
Today
Federalism
Division of
Government Power
between national
and state
governments
– Marble Cake
Federalism Today…
Very Complex!!
Overlapping duties – laws and regulations
– Ex. National Govt., WI State Govt., Marathon
County, Wausau, Rothschild, Schofield,
Weston, Rib Mountain, Stettin, Hewitt, Texas,
Maine
Fed. Funding
– Grants/
– Revenue Sharing
Responsibilities of the Federal
Government
Guarantee to every state that the government will
be a republic
Keep order and protect states against domestic
insurrection
– Little Rock 1957
May establish new standards for states to follow
(Mandates)
– Financial incentives
– Ex. Montana
Responsibilities of States
Provide militia (National
Guard) to the federal gov.
Elections of public officials
– Senators (state and federal)
– President
Amendment process
States Responsibilities to each-other
Full Faith and Credit
Clause – recognition of
public acts, records,
and judicial
proceedings of other
states
– Marriage
– Business Contracts
– Loans
Extradition – Alleged
criminal should be
returned to the state
for trial or
imprisonment
Challenges…
Hamilton vs. Jefferson – National Bank
How much power should the Federal Govt.
have in relation to the states?
Civil War
States Rights for slavery
– Federal Law declared unconstitutional – don’t have to
follow
Seceding from the Union
– Government formed by states, could be dissolved