Unit 1: Constitutional Underpinnings

1. Unit 1: Constitutional Underpinnings

2. What is democracy? • http://www.wimp.com/thegovernment/ • Begin at 4:58

3. What conditions in the colonies fostered democracy? • Colonists from New World • Escape from religious persecution • Economic opportunity • Independent and Diverse • Self-Governance • Drafting of colonial constitutions • Development of Industry • Absence of • Feudalism, rigid class system, absolute authority of the monarch

4. Problems Under the Articles • Lack of national sentiment; little unity • 1781-1789 was “critical period” • Congress rarely could assemble quorum • When they met, little agreement on policy • Economic turmoil • Chaotic regulation of trade among states and with foreign nations • No provision of judicial system • Lack of strong central government • Crumbling economy • The Articles demonstrated a distrust of a strong national government. What were the historical and philosophical reasons for this distrust? • Many people today continue to mistrust the gov’t. Is such distrust justified? • What were the positive and negative consequences of a limited gov’t under the Articles?

5. How did Shay’s Rebellion lead to the Constitutional Convention? • Economy bad; banks foreclosed on farms of veterans • Massachusetts law required payment of debts in cash • Shays and 1500 armed, disgruntled farmers marched to Springfield. • Congress called for militia; asked for state donations. All refused but Virginia. • Private money used to raise militia

6. Miracle at Philadelphia • Washington presided over the convention • First day: Edmund Randolph and James Madison of Virginia proposed 15 resolutions creating an entirely new government. • Others believed this to be treason • Bitter battles between small and large states • Proceedings conducted in strict secrecy • No official record of proceedings • Was this undemocratic?

7. Shared Beliefs of the Delegates and Sources of Ideas • Need for stronger national government • Belief in republican form of government • Agreement with Locke’s theory of rights • Support for Montesquieu’s separation of powers • Governments of Ancient Greece and Rome • English Heritage • Limited Government—Magna Carta, English Bill of Rights

8. Controversy between small and large states: The Virginia and New Jersey Plans • Virginia Plan • Powerful central government • Three branches • Two House Legislature • One house directly elected, other from those nominated by state legislatures • A legislature with power to select the executive and judiciary • New Jersey Plan • Strengthening the Articles, not replacing them • Creating a one-house legislature with one vote for each state with representatives chosen by state legislatures • Giving Congress the power to raise revenue from duties and postal service • Creating a Supreme Court appointed for life by the executive officer

9. Bundle of Major Compromises • Representation (Great Compromise) – Connecticut Plan • Slavery (Three-Fifths Compromise) • Eldbridge Gerry: cattle and horses • Commerce • Executive • Indirect selection • Unlimited terms of 4 years each • Enumerated Powers • Evidence of fear of popular citizen control • Indirect election of senators • Electoral College • Difficult Amendment process

10. Basic Principles of the Constitution • Separation of Powers • Way of dividing power among three branches of government • Members of branches are selected by and responsible to different constituencies • Checks and Balances • Gives each of the three branches of government some degree of oversight and control over the actions of the others • Limited Government • The government has only the authority that the people have given to it

11. Basic Principles of the Constitution • Judicial Review • The power of courts to determine whether what government does is in accord with what the constitution provides. • Federalism • Plan of government created by Constitution 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

12. Types of Powers Established by the Constitution • Enumerated/Expressed/Delegated • Power to tax • Declare war • Coin money • Implied • Stems from the necessary and proper clause or elastic clause • “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” • --How would you define “necessary” and “proper” • --Does this clause contradict the principle of enumerated and limited power? • --What are the benefits of placing elastic (flexible) power in the hands of a representative body? • -- What are the dangers of placing elastic (flexible) power in the hands of a representative body?

13. Types of Powers Established by the Constitution • Inherent • Powers over and beyond those explicitly granted in the Constitution or reasonably to be implied from express grants • Wiretapping • “Enhanced” interrogation techniques

14. Issues the Framers left Unresolved • Slavery • A necessary evil? • Citizenship • Voting Rights • Secession?

15. Fight for Ratification: Federalists v. Anti-Federalists • Federalists • Favored a stronger national government and supported the proposed Constitution • Later became the first political party in the U.S. • Federalist papers written by John Jay, Alexander Hamilton, and James Madison • Anti-Federalists • Favored strong state governments and a weak national government • Opposed the ratification of the U.S. Constitution • Feared that liberties of people would be trampled

16. Fight for Ratification: Federalists v. Anti-Federalists

17. Formal Method of Amending the Constitution

18. Informal Method of Amending the Constitution • Judicial Interpretation • Marbury v. Madison • Actions of Congress • Passage of laws • Impeachment Process • Actions of the executive • Executive Agreements • Use of troops without Congressional approval • Actions of political parties • Election process • Unwritten traditions • Cabinet

19. The Living Constitution • Arguments over interpretation of the Constitution • Strict Interpretation • Belief that the powers of the government derive from the states • Loose Interpretation • Establishment of idea of implied powers • Powers of the 3 branches are not limited to what is stated in the Constitution

20. Weaknesses of the Constitution • Complexity • Potential for citizen apathy • Difficulty of agreement on policy • Difficulty of implementation on policy • Lack of fiscal accountability • Difficulty of amending process • Lack of clarity in protection of rights of minorities • Competition between levels of government

21. Strengths of the Constitution • Flexibility • Variety of places for citizen input • Potential for experimentation at various levels • Variety of citizen choices • Variety of bases of political power