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US Constitution

Timeline to Declaration of Independence

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Magna Carta

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1776

DoI

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Weaknesses of the Articles of Confederation

• Could not levy taxes or regulate commerce

• Sovereignty, independence retained by states

• One vote in Congress for each state• Nine of thirteen votes in Congress

required for any measure• Delegates to Congress picked, paid for

by state legislatures

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Weaknesses of the Articles of Confederation

• Little money coined by Congress• Army small and dependent on

independent state militias• Territorial disputes between states led

to open hostilities• No national judicial system• All thirteen states’ consent necessary

for any amendments

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The Constitutional Convention

• The Framers (55) attending: men of practical affairs, including Continental army veterans and members of the Congress of the Confederation

• An entirely new constitution was written, although gathering was authorized only to revise Articles

• Primary concern was with defense of liberty as a natural right (Lockean reasoning)

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Plans and Compromises

• The Virginia Plan• National legislature with supreme powers• One house elected directly by the people

• The New Jersey Plan• One vote per state• Protect small states’ interests

• The Great Compromise• House of Representatives based on

population• Two senators per state, elected by state

legislatures

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Comparing Plans

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The Battle over Ratification

Federalists• Supported ratification of

the Constitution• Wanted strong central

government• Concerned about

security and order• Compromised by adding

the Bill of Rights• Madison, Hamilton, Jay

Anti-Federalists• Opposed ratification of the

Constitution• Wanted states to have power

over the federal government• Liberty and check on

corruption could be secure only in small republics

• Nation needed, at best, a loose confederation of states with most of the power wielded by the state legislatures

• Samuel Adams, Patrick Henry

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Federalist Papers

• Written by Madison, Hamilton, and Jay under the pen name Publius

• Called for ratification of the Constitution• Published in New York papers to persuade

legislators to ratify the Constitution• Coalitions were more likely to be moderate

because they would represent a diversity of interests

• Governments should be somewhat distant from the passions of the people

• No bill of rights was necessary

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Federalist No. 10

Madison warned against dangers of factions• Factions: groups of citizens with interests contrary to

the rights or interests of others or the community• The causes of factions cannot be controlled (that

infringes on liberty); must control the effects of factions

A large republic could best control factions:• Representation would dilute the effects of factions• A large territory would make it difficult for one

faction to become a majority (PLURALISM)• In a large territory, it would be difficult for people

who shared common interests to find each other

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Federalist #51

• Separations of Powers & Checks & Balances!• “Double Security”

• Federalism and Separation of Powers• On most powerful branch (Legislative)

• Intrabranch Check• Little connection• Different modes of election

"Ambition must be made to counteract ambition."

“If men were angels, no government would be necessary.”

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Ratification of the Federal Constitution by State Conventions, 1787-1790

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Ratification

14Howard Chandler Christy's 1940 painting captures the signing of the Constitution on September 17, 1787. In front of George Washington, Benjamin Franklin is flanked by Alexander Hamilton and the “Father of the Constitution,” James Madison. (Source: Library of Congress.)

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The Constitution and Slavery

• House of Representatives Apportionment: 3/5 Compromise

• Congress could not prohibit slave trade before 1808

• Fugitive Slave Clause

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Amendment Process

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Key Principles of Government

Founders did not intend to create a direct democracy

• Separation of Powers: between branches

• Federalism: power divided between national and state governments

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Separation of powers & checks and balances

• Separation of powers: the institutional arrangement that assigns judicial, executive, and legislative powers to different persons or groups, thereby limiting the powers of each

• Checks and balances: the principle that allows each branch of government to exercise some form of control over the others

• Article I sets up legislature• Article II sets up executive• Article III sets up judiciary

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Cupcake Rule

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You may not ask about, think about, talk about, look at, drool over, smell, touch, bump, or anything else you can think of, into the cupcakes that do not exist.

Penalty: Loss of cupcake – FOREVER!

Rule will be negated once your group can tell me why you have the cupcakes and what they mean. Only one guess per 10 mins. Your group may not share answers with other groups.

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Federalism

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Governmental Structure

• Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protected

• Unitary System: local governments are subservient to the national government

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Lines of Power in Three Systems of Government

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Lines of Power in Three Systems of Government

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Lines of Power in Three Systems of Government

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Federalism: A Bold New Plan

• No historical precedent• Supremacy clause: constitutional declaration

(Article VI) that the Constitution and laws made under its provisions are the supreme law of the land

• Tenth Amendment was added as an afterthought to clarify the limits of the national government’s power

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Three Categories of Powers

• Enumerated powers• given to national government

exclusively

• Reserved powers• given to states exclusively

• Concurrent powers• shared by both national and state

governments

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Enumerated powers of Congress: congressional powers specifically named in the Constitution

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Federalism Over TimeLayered Cake v. Marble Cake

• Dual federalism: Both national and state governments are supreme in their own spheres, which should be kept separate• Historically - 1930

• Cooperative federalism: national and state governments share responsibilities for most domestic policy areas• 1930 - today

Supreme Court has strengthened states’ rights in several recent cases

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Reasons for the Rise of the National Gov’t over State Gov’t

• Necessary and Proper Clause • Elastic Clause

• Commerce Clause• Grants• Mandates• Taxing Power

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Necessary & Proper Clause

Article One, Section 8, Clause 18:“The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

• Constitutional authorization for Congress to make any law required to carry out its powers; also known as the elastic clause• McCulloch v. Maryland

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McCulloch v. Maryland

• Could Congress charter a national bank?

Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause)

• Could states tax the national bank?

No, because “the power to tax is the power to destroy” (National Supremacy)

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Commerce Clause

Article I, Section 8, Clause 3:“The Congress shall have power . . . To

regulate commerce with foreign nations, and among the several states, and with the Indian tribes;”

• Gibbons v. Ogden • Heart of Atlanta Hotel v. US• US v. Morrison & US v. Lopez

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Grants

• Categorical grants - for specific purposes defined by federal law• often require local matching funds

• Block grants - devoted to general purposes with few restrictions• states preferred block to categorical grants

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Federal Aid

• Conditions of aid: tell state governments what they must do if they wish to receive grant money

• Examples:• Highway $$$

• South Dakota v. Dole• NCLB, RTTT

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Federal Grants to State and Local Governments, 1984-2004

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The Changing Purpose of Federal Grants to State and Local Governments

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Federal Control

• Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid

• Funded vs Unfunded• Most deal with civil rights or the

environment• Growth in the past couple decades

Examples of Mandates

• Funded Mandate• Medicaid (healthcare for poor)

• Unfunded Mandate• Americans with Disabilities Act (1990)• Clean Air Act of 1970• Gun Background checks

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Taxes and Spending (Fiscal Policy)

Article One, Section 8, Clause 1:“The Congress shall have Power To lay and collect Taxes”

Article I, Section 9, Clause 7“No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;”

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Spending (Power of the Purse)

• Obamacare (National Federation of Independent Business v. Sebelius -2012)

• No healthcare = tax• Social Security

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The Devolution Revolution

• Devolution initiatives returned program management to the states, with some federal guidelines, but there is no guarantee of federal support

• Block grants fund entitlements• Devolution proponents harbor a deep-

seated ideological mistrust of federal government and believe that state governments are more responsive to the people

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Positives and Negatives of Federalism

• Negative view: Federalism blocks progress and protects powerful local interests

• Positive view: Federalism contributes to governmental strength, political flexibility, and fosters individual liberty• Federalist #10: small political units allow all

relevant interests to be heard• Federalism increases political activity