Unit II
The U.S. Constitution and Federalism
Objective 1 (24F);
Explain the historical significance of
the Philadelphia Convention to
include the role of James Madison,
the Virginia Plan and the New
Jersey Plan, the Connecticut
Compromise, the 3/5ths
Compromise, and the Slave Trade
Compromise.
May 25, 1787, 55 delegates from
12 States, (R.I.) attended the
Philadelphia Convention in the
Pennsylvania State House.
Wanted to revise the Articles.
Average age – 42. Many figures
of the Revolution were not there.
Worked 89 of 116 days from May
25 until September 17, 1787.
James Madison, Va., kept
meticulous notes. (Most of what is
known of the convention is from his
work, NOTES.)
He contributed more to the creation
of the Constitution than anyone.
May 30, Framers decided to create
new government consisting of
Legislative, Judicial, and Executive
branches.
Virginia Plan – presented by
delegates from Va.
Gov’t w/ 3 branches and a
bicameral Congress.
Representation to be based on
population or amount of money
they gave to the central
government.
Members of House would be
elected by Popular vote.
Senators would be chosen by the
House from a list of people
nominated by State Legislatures.
Small states did not like all of it.
June 15, small states, led by New
Jersey’s William Patterson, made
new proposal known as the New
Jersey Plan.
New Jersey Plan;
Unicameral Congress w/equal
representation.
Add power to tax and regulate
trade between States to Congress.
Federal Executive of more than
one person chosen by Congress.
Major point of disagreement
between plans was over
representation in Congress.
Connecticut Compromise;
Suggested by Connecticut
delegation.
Two house Congress.
Senate – States represented
equally.
House – representation based on
population.
Know as the Great Compromise.
Next question;
How to count slaves in the
population of Southern States.
Southerners wanted them counted
for representation, not taxation.
Northerners wanted opposite.
Three-Fifths Compromise;
Each slave counted as 3/5ths of a
person for purposes of
representation and taxation.
Slave Trade Compromise;
Congressional power to regulate
trade was seen as a threat to
Southerners.
Feared Congress would be
dominated by Northerners and
would be controlled by their
interests.
Tobacco and rice were the major
exports of the South
Slave Trade Compromise
Provisions;
Congress forbidden power to tax
exports
Slave trade could not be ended for
20 years, until 1808.
Objective 2, (24G);
Analyze the main ideas in the
debate over ratification between
the Federalists and the AntiFederalists, as best expressed in
the Federalist Papers, and explain
how the Anti-Federalists demands
resulted in the Bill Rights
2 Groups emerged in the U.S.;
Federalists – favored ratifying the
Constitution.
Anti-Federalists – against it.
Federalists were led by Madison
and Alexander Hamilton.
Anti-Federalists led by Patrick
Henry, Richard Henry Lee, John
Hancock, Samuel Adams and
Thomas Jefferson.
Fed’s stressed weakness of the
Articles.
Argued that the Republic must
adopt the Constitution to survive.
Anti-Fed’s objected to the
ratification process, absence of
any mention of God, denial to
States the right to print money,
among other features.
2 major features Anti-Fed’s
objected to;
Increased power of central gov’t.
Lack of a bill of rights to protect
civil liberties.
Ratification process was close in
every State.
9 states ratified it by June 21,
1788 but Va. and NY had not
ratified it.
Washington and Madison convinced
Jefferson to support Constitution after
long debate.
NY ratified on July 26th making it the
11th state to ratify.
The Federalist Papers written by
Madison, Hamilton, and John Jay
greatly influenced the debate in NY
Sept. 13, 1788, Constitution became
law. 11 of 13 states had ratified it.
.
1st Congress met in N.Y. on March
4, 1789.
April 6th, G. Washington elected
President.
John Adams VP.
April 30, 1789 G.W. Becomes 1st
President of U.S.
Objective 3 (25a);
Explain the fundamental principles
upon which the U.S. Constitution
is based, including the rule of law,
popular sovereignty, separation of
powers, checks and balances,
judicial review, limited
government, and federalism.
The Constitution sets out basic
principles upon which the
government of the U.S. was built
and operates.
It lays out the basic framework
and procedures of our
government, and sets out the
limits within which the government
must conduct itself.
Basic Principles of the
Constitution;
1. Rule of Law – concept that
means everyone, including
government officials, is subject to
laws.
Concept is known as
Constitutionalism.
Government and government
officials powers are limited by law.
2. Popular Sovereignty – belief
that political power rests with the
people.
Government can only rule with the
consent of the people.
3. Separation of Powers – idea
was written into the constitutions
of most the states during
Revolution.
Framers wanted to created strong
central government but also wanted to
limit it’s power.
This is the purpose of separation of
powers.
4. Checks and Balances – Each
branch is subject to Constitutional
checks by the other branches.
Each branch has powers to check the
operations of the other branches.
Chart page 68 shows checks and
balances.
5. Judicial Review – Courts have
power to determine
constitutionality of government
actions.
1803 – Marbury v. Madison
established the doctrine of judicial
review.
6. Federalism – division of power
among a central government and
several regional governments.
Federalism was a compromise
between those who wanted
national government to have
supreme power and those who
supported state sovereignty.
Objective 4 (25b);
Illustrate the relationship between
the three branches of government
in a system of checks and
balances, separation of powers as
developed by Montesquieu in the
Spirit of Laws
Checks and Balances;
Framers intended checks and
balances system to prevent “an
unjust combination of the
majority.”
The National government is
organized around 3 separate
branches.
They are not entirely separated
nor completely independent.
They are tied by a system of
Checks and Balances which
means each branch is subject to
constitutional restraints by other
branches.
Congress has the power to make
laws.
President can Veto them.
Congress can override veto by
2/3rds vote in each house.
Congress can refuse funds
requested by President.
Senate may refuse to approve
treaties or appointments made by
President.
President is Commander in Chief
but Congress provides military
force and only Congress can
declare war.
Courts have power to determine
constitutionality of laws and acts of
Congress and President.
House can Impeach President (2
times, 1868 and 1998).
Federal judges can also be
impeached.
Checks and balances system
makes compromise necessary.
Works smoother when party of
President controls both houses of
Congress.
Partisan friction is normal when 2
parties each control one branch.
Separation of Powers;
In a Presidential system, there is a
separation of powers in
government.
The Framers wanted a strong
central government but wanted to
limit it’s power.
Article I, Section 1 gives
legislative powers to Congress.
Article II, Section 1 gives Executive
Powers to President.
President has power to enforce and
carry out laws.
Article III, Section 1 gives judicial
powers to Supreme Court and inferior
courts established by Congress.
Federal Courts have power to
interpret and apply laws in cases
brought before them.
Objective 5 (25c);
Analyze the concept of Judicial Review
established by Chief Justice John
Marshall in Marbury v. Madison (p. 518)
Case established the Supreme Court’s
power of judicial review.
Gave S.C. the power to determine the
constitutionality of a governmental action.
This power extends to the actions of all
governments in the U.S., national, state
and local.
Objective 6 (25d);
Identify the structure of the
Constitution, including the
preamble, the seven articles,
and the amendments.
The Preamble is a short
introduction.
WE THE PEOPLE of the United
States, in order to form a more
perfect Union, establish Justice,
insure domestic Tranquility,
provide for the common defence,
promote the general Welfare, and
secure the Blessings of Liberty to
ourselves and our Posterity, do
ordain and establish this
Constitution for the United States
of America.
Preamble states that the broad
purposes of the Constitution is
intended to serve-to establish a
government that provides for
greater cooperation among States,
ensures justice and peace,
provides for defense against
foreign enemies, promotes
general welfare, and secures
liberty now and in the future.
WE THE PEOPLE
emphasizes the twin concepts of
popular sovereignty and
representative government.
ARTICLES;
There are 7 articles to the
Constitution.
Articles 1-3 deal w/the 3 branches
and the Federal Courts.
Article I deals with Congress
Article II deals with the Executive
(Pres. and V.P.)
Article III deals with the Judicial
Branch.
Article IV deals w/States and their
relationship w/the National
Government and one another.
Article V explains how to amend
the Constitution
Article VI declares the
Constitution as the nation’s
Supreme Law.
Article VII provides for the
ratification of the Constitution.
The 27 Amendments deal with
issues that have arisen over the
history of the U.S.
Objective 7 (25e);
State the purpose of government
as given in the preamble of the
Constitution.
establish Justice, insure
domestic Tranquility, provide
for the common defence,
promote the general Welfare,
and secure the Blessings of
Liberty
In other words;
…to establish a government that
provides for greater cooperation
among States, ensures justice and
peace, provides for defense
against foreign enemies, promotes
general welfare, and secures
liberty now and in the future.
Objective 8 (25f);
Discuss the basic functions of the
three branches of government.
I. Legislative; Congress (p. 280-282)
Members of Congress play 5 major
roles;
1. Legislators
2. Representatives of their
constituents.
Lawmakers have 4 voting options;
A. Trustees – believe each question
they face should be decided on its
own merit. Conscience and judgment
are their guides.
B. Delegates of those that elect them.
They do what they think people back
home want them to do, regardless of
special interest pressures.
C. Partisans – lawmakers who
think they owe their first allegiance
to the party. They do what the
party leaders tell them to do.
D. Politicos – attempt to combine
the basic elements of trustee,
delegate, and partisan. Try to
balance their own views with their
constituents and the nation as a
whole.
3. Committee Members – All
serve on certain committees to
discuss proposed laws regarding
that committees area.
4. Servants – Congresspersons
try to help constituents deal with
federal bureaucracy regarding
their problems.
II. Executive Branch; (p. 354358)
The President must fill many
different roles;
1. Chief of State – ceremonial
head of the government.
2. Chief Executive – He is the
holds all Executive Power of the
United States.
3. Chief Administrator – head of
the entire executive branch which
includes all government agencies.
4. Chief Diplomat – main
architect of U.S. Foreign policy.
Chief spokesperson of the country
to the rest of the world.
5. Commander in Chief – head of
all U.S. Armed Forces.
6. Chief Legislator – main architect
of U.S. public policy. Sets overall
congressional agenda. He suggests
what major legislation should be
about.
7. Party Chief – Leader of his political
party.
8. Chief Citizen – “Representative of
all the people.”
He is expected to work for the people
of the U.S. against private interests.
III. Judicial Branch; (p. 506)
Article III, Section 1, gives
Congress the power to create a
Supreme Court and “such inferior
courts as the Congress may from
time to time ordain and establish.”
Supreme Court and Inferior Courts
U.S. has a dual court system,
Federal, (over 100 Courts), and
State courts.
Inferior courts try most cases tried
in Federal Courts.
Federal Courts try cases that
question constitutionality of law
and those in which federal law is
applied and/or interpreted.
They interpret laws and apply
them to certain situations.
Objective 9 (25G);
Explain the relationship and balance
of power between the states and the
national government in a federal
system, and analyze the importance
of the Supremacy Clause in Article VI,
and the role of the Constitution as the
supreme law of the land, as
established by McCulloch v. Maryland
(1819)
Objective 10 (25h);
Classify the categories of powers,
including reserved, inherent, denied,
concurrent, and delegated powers,
that are exercised by various levels of
government, and assess the role of
the necessary and proper clause and
the 10th amendment in the struggle
between states and the national
government.
The Constitution provides for a
Division of Power between the
National Government and the
States.
Federalism produces a dual
system of government, 2 basic
levels, each w/it’s own authority.
It allows local action in matters of
local concern and national action
in matters of national concern.
Powers of the National
Government;
National Government has
Delegated Powers. (only those
powers granted to it in the
Constitution.)
3 types;
1. Expressed Powers – powers
spelled out in the Constitution.
Also called Enumerated Powers.
Article I, Section 8, lists 27
expressed powers to Congress.
Article II, Section 2, gives several
powers to the President.
2. Implied Powers – Powers not
stated in the Constitution. They
are suggested.
Article I, Section 8, Clause 18, is
the Necessary and Proper Clause.
Necessary and Proper Clause is
also known as the Elastic Clause.
There are thousands of examples
of the governments use of the
Elastic Clause.
3. Inherent Powers – Powers the
National Government has simply
because it is a sovereign state in
the world.
Not expressed in Constitution.
Constitution also denies certain
powers to National Government.
Some are expressly denied.
(power to tax exports, establish
religion, etc..)
Some are denied by silence of the
Constitution. (public schools,
marriage and divorce laws, local
government establishment)
Some are given to States.
States –
Amendment gives
states Reserved Powers.
Reserved Powers are those the
Constitution does not grant to the
National Government.
Most of what is done in the U.S. is
done by State governments.
Constitution does not give
expressed powers to states except
power to regulate alcohol.
th
10
Constitution does deny some
powers to States.
Ex.; cannot make treaties w/
foreign nations.
Concurrent Powers; (p. 93)
National and State governments
have some of the same powers.
Ex; power to tax, borrow money,
establish courts, define crimes and
punishment.
Supremacy Clause;
Article VI, Section 2 states that
the Constitution and the laws and
treaties of the U.S. are the
“supreme Law of the Land.”
Means Constitution stands above
all other forms of law in the U.S.
Supremacy Clause joins National
Gov’t and States into a single
governmental unit.
1819 – McCulloch v. Maryland –
Supreme Court overturned decision of
a Maryland court and prohibited a
state from taxing an entity of the
Federal Government.
Chief Justice John Marshall applied
the Supremacy Clause in the
decision.
Established the precedent that
Constitutional law overshadows
State law.
Objective 11 (25i);
Describe the relationship between
states as prescribed in Article IV of
the Constitution, including the full
faith and credit clause, the
privileges and immunities clause,
and the extradition clause.
Article IV of the Constitution deals
with relations among States.
The Constitution strengthened the
National Government which
greatly lessened many frictions
between States. Particularly
interstate commerce.
There are now hundreds of
Interstate Compacts between
States.
Full Faith and Credit Clause –
“Full Faith and Credit shall be given in
each State to the public Acts,
Records, and judicial Proceedings of
every other State.”
Article IV, Section 1
Full Faith and Credit is regularly
observed between States regarding
deeds, divorces, birth certificates, etc.
Applies only in Civil matters, not
Criminal. One state cannot enforce
another state’s Criminal laws.
Extradition – allows a fugitive in one
State to be returned to another.
Designed to prevent a person from
escaping justice by fleeing a State.
Privileges and ImmunityNo State can draw unreasonable
distinction between its own residents
and those in other States.
Each State must recognize the right of
any American to travel in or become a
resident of that State.
Must allow any citizens, regardless of
where they live, to use their courts.
Employers cannot be forced to hire
only people from certain States.
States can charge out of State fees.