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The Constitution and Federalism

The Constitution and Federalism. Step to college: POLS001 September 24-25, 2014 Professor Jackson. Learning Objectives. The U.S. Colonies in the late 1700s. New England Merchants Southern Planters Royalists (Tories) Shopkeepers, artisans, laborers Small farmers Slaves.

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The Constitution and Federalism

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  1. The Constitution and Federalism Step to college: POLS001 September 24-25, 2014 Professor Jackson

  2. Learning Objectives

  3. The U.S. Colonies in the late 1700s New England Merchants Southern Planters Royalists (Tories) Shopkeepers, artisans, laborers Small farmers Slaves

  4. Timeline: Putting the Founding in Context 1777: Articles of Confederation Boston Tea Party: 1773 1776: Declaration of Independence French and Indian War (Seven Years’ War) 1754-1763 1775-1783: Revolutionary War 1750 1760 1770 1780 1790 Sugar Act: 1764 1774: Coercive Acts, 1st Continental Congress Stamp Act: 1765 1787: Constitutional Convention 1788: Constitution Ratified

  5. The Declaration of Independence, 1776 We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness…

  6. The Declaration of Independence, 1776 That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…

  7. The Articles of Confederation: America’s First Constitution, 1777 • Central government: Congress • Each state had one vote • Congress had limited powers: • Declare war and make peace • Make treaties and alliances • Coin or borrow money • Regulate trade with Native Americans • Congress could NOT: • Levy taxes • Regulate commerce among states

  8. Problems under the Articles of Confederation • International standing • Balance of power among the states • Unrest among the masses (Shays’s Rebellion, 1786)

  9. The Second Founding:Constitutional Convention, 1787 Two Major conflicts: • Representation • Slavery

  10. Representation: Big vs. Small States The Virginia Plan Seats in national legislature to be apportioned on the basis of population. Supported by the large states The New Jersey Plan Each state to have equal representation in the national legislature. Supported by the small states

  11. The Connecticut Plan: The Great Compromise House of Representatives: seats to be apportioned by population, as large states preferred. Senate: representation to be equal for each state, as small states preferred.

  12. Slavery and Representation:The Three-Fifths Compromise The Three-Fifths Compromise held that three of every five slaves would be counted for the purpose of apportioning seats in the House of Representatives.

  13. The New Constitution Increased power of the central government: Commerce and finance National judicial supremacy Stronger executive branch

  14. The New Constitution Sought to curb “excessive democracy”: • Checks and balances • Electoral College

  15. The New Constitution Limited potential governmental abuse: • Bill of Rights • Separation of powers • Federalism

  16. The Seven Articles of the Constitution Article I sets forth the powers and structure of the Legislative Branch: Bicameralism (House and Senate) Expressed powers of government “Necessary and proper” clause provides for the potential expansion of congressional and national government power

  17. Article II sought to provide a strong and “energetic” executive branch: The President was to be independent of the legislative branch The President was to be the country’s “Commander in Chief” and its chief diplomat Other powers include appointment of executive and judicial officials and the veto of congressional acts

  18. Article III deals with the selection and powers of the federal judiciary: Justices and judges to be appointed by the President and confirmed by the Senate Lifetime terms Established judicial supremacy

  19. Key elements of Article IV promote national unity and power: Reciprocity among states that must give “full faith and credit” to acts of other states Guarantees citizens of any state the “privileges and immunities” of every other state Article VI’s “supremacy clause” states that laws of the national government and treaties are the supreme law of the land

  20. Article V sets forth the procedures for amending the Constitution. Constitutional Amendments can be proposed: By passage in the House and Senate by 2/3 vote, OR By passage in a national convention called by Congress in response to petitions by 2/3 of the states

  21. Amending the Constitution

  22. Successful Amendments Bill of Rights (1-10) Expanding the electorate (15, 19, 23, 24, 26) Relationship between elected officials and electorate (12, 14, 17, 20, 22, 25) Expanding or limiting power of government (11, 13, 14, 16, 27) Prohibition & Repeal (18, 21)

  23. Separation of Powers Judicial: Reviews lower court decisions Decides constitutionality of laws Decides cases involving disputes between states Executive: Enforces laws Commander in chief Makes foreign Treaties Appoints SC Justices, federal judges Pardons Legislative: Passes laws Controls appropriations ($) Approves treaties, pres. appointments Regulates interstate commerce Est. lower court system

  24. Checks and Balances Judicial appointments Judicial review of presidential actions Presidential veto Veto override Executive Senate confirms judicial appts. Judicial review of congressional actions Judicial Legislative

  25. Federalists Property owners, merchants (upper class) Elites best suited to govern Feared excessive democracy Favored strong central (nat’l) government Alexander Hamilton, James Madison, George Washington Antifederalists Small farmers, shopkeepers (working class) Gov’t should be close to the people Feared elite tyranny Favored state & individual rights Patrick Henry, George Mason, Elbridge Gerry, George Clinton The Fight for Ratification1787-88

  26. The Federalist Papers, 1787-1788 Authored by: Alexander Hamilton, James Madison, and John Jay Major issues: • Representation (delegates vs. trustees) • Tyranny of the majority • Limits on governmental power Hamilton Madison Jay

  27. Federalist 10 • Authored by James Madison • How to control the “mischiefs of faction”? • Large, diverse Republic • Federal system James Madison

  28. Federalist 10 By faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or the permanent and aggregate interests of the community. James Madison

  29. Federalist 10 The effect of [a republic] is to refine and enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country… …it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. James Madison

  30. Federalist 10 Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength and to act in unison with each other. James Madison

  31. Federalist 51 But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. James Madison

  32. Federalist 51 Ambition must be made to counteract ambition… It may be a reflection of human nature that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. James Madison

  33. Anti-Federalist Objections to the Constitution • There is no declaration of rights; and the laws of the general government being paramount to the laws and constitutions of the several States, the declarations of rights in the separate States are no security… • This government will commence in a moderate aristocracy; it is at present impossible to foresee whether it will, in its operation, produce a monarchy, or a corrupt aristocracy; it will most probably vibrate some years between the two, and then terminate between the one and the other.

  34. Federalists “won” the debate • 11 states ratified the new Constitution by June 1788 • Bill of Rights added in 1789 • Other states ratified as they “entered the Union” • California, 1850

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