Unit 1- Constitutional Underpinnings

1. Unit 1- Constitutional Underpinnings AP American government

2. What is American Government and Politics? Government- procedures and institutions by which people govern and rule themselves Politics- process by which people decide who shall govern and what policies should be adopted Politicians- those people who fulfill the tasks of politics. Those who “run” the government

3. What are unique American ideals? Individualism Popular Sovereignty Equality Economic liberty

4. States v. Nations • State= an independent political community that occupies territory and has an organized govt. with the power to make laws. • Close to 200 states worldwide • Nation= is any sizable group of people who are united by common bonds • Race, Language, Custom, Tradition • Also means an independent state or country.

5. 4 Essential Things a state must have • Population-You have to have people to have a state • States whose people share common beliefs about the state are the most successful. • Territory- A state must have established boundaries • This can often be a source of conflict for nations. • Ex- Israel/Palestine • Sovereignty- This means that the state has ultimate authority within its boundaries to make laws, foreign policy, etc. • This means that every state SHOULD have equal power worldwide • Government- Govt. is the way that a state maintains peace and stability and enforces laws on the citizens of the state

6. Maintaining Social Order Providing Public Services Providing National Security Making Economic Decisions

7. Democracy • Principles necessary for a democracy to exist. • Universal suffrage (everyone vote) • Political Equality (all votes counted equally) • Majority Rule • Government responds to public opinion • 2 types: direct and representative • Direct-citizens create/vote on laws • Problems? • Representative- Citizens elect representatives who create/vote on laws • Problems? • America has a constitutional democracy?

8. How does democracy actually work? Majoritarian Theory = leaders are forced to follow the wishes of the people because majority rules Pluralist Theory = groups compete and compromise with each other to get the gov’t to do what they want Elite Theory = groups of people who possess the most/more power (money or influence) dominate gov’t Bureaucratic Theory = appointed officials dominate the gov’t through unelected jobs

9. Historical Influences • John Locke- Social Contract theory and natural rights theory • People are born with certain rights- life, liberty, and property • Rulers and citizens enter into an agreement, or a social contract to protect them from the state of nature • where life is “nasty, brutish, and short.” (Hobbes) • People give up some of their rights to the government in exchange for protection of natural rights • If the government doesn’t uphold their end of the bargain then they have the right to get a new Government • Montesquieu • Believed that there should be divisions in government • Lead to the development of 3 branch system

10. Another influence I want you to keep in mind.. • Machiavelli • His name is synonymous with tough and dirty politics • Author of The Prince • “ The ends justify the means.” • “It is better to be feared than loved.” • “By no means can a prudent ruler keep his word. Because all men are bad and do not keep promises to you, you likewise do not have to keep your promises to them.”

11. Time for History • Britain establishes colonies in America • Unitary system of government- All powers come from 1 powerful government entity British Government 13 American Colonies

12. History • After time, the colonies began to grow dissatisfied with the British rule of the colonies • Reasons? • Revolution began to break out— • Revolutionary war (1775-1783) • In 1776, the Declaration of Independence was drafted • Written by Thomas Jefferson • 3 parts • Philosophical basis • Influenced by Locke! Natural rights theory. Power from the consent of the governed • The grievances • The case against G.B. • The statement of Separation • Announcing to the world that the colonies are revolting from G.B. • DOI- Hollywood Style

13. DOI Instructions 1) List the main parts- where do they start and end? 2) Look at the list of grievances- which grievances are the most significant? Please mark those down (re-write) 3) Write a paragraph at the end that analyzes the document as a persuasive argument? What words make it more persuasive? Arguments? Do you feel that the document should be spoken aloud to get the full impact? ETC.

14. Articles of Confederation • 1st government the U.S. had—VERY WEAK • 2 levels of government • Weak national government with a 1 house legislature and strong state governments • Other Problems: • No national executive branch or national court system • National govt could not tax states, draft soldiers • No national currency!! • No foreign policy • Shay’s Rebellion • (farmers revolted b/c of mortgage foreclosures in Massachusetts) • led the Founding Fathers to believe there was a need for a stronger national government

15. Constitutional Convention of 1787 • 55 men from the former colonies (delegates) originally met to fix the AoC but it was so bad it was unfixable. • The convention became marked by compromises to draft the new government of the country • All delegates agreed on : • Republican form of government with elected represenatives from the people • NO Arbitrary and unrestrained government • Balanced government- in which no single issue would dominate but the national government would be strong enough to prevent issues like Shay’s rebellion

16. Connecticut Compromise • 1st initial plan • Virginia Plan • Favored large states • Strong central government • Bicameral (two house) legislature – larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) • (This would change in the 17th Amendment)

17. CT Compromise Cont. • 2nd plan • New Jersey Plan • Agreed with strong central government…BUT • Congress would be unicameral (one house) with states having equal votes • Did not want large population states to dominate the legislature

18. Connecticut Compromise (The Great Compromise) A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

19. Another Compromise you should know… 3/5 Compromise Agreed to allow the South to count slaves as 3/5 of a person They did this so the population would be more balanced the power of North and South

20. President? • Much debate was held over how to choose the president • Delegates decided to go with an electoral college system • Each state has people that are selected to formally cast their ballots for president • Why? • More to come on this later!

21. Ratification(formal passage) Debate Federalist v. Anti-Federalist Federalist – in favor of adoption of US Constitution creating a federal union and strong central government Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

22. Federalist Papers Annoyingly hard to read Best political theory ever written in US Written by Alexander Hamilton, James Madison, and John Jay using pseudonyms like Publius Convince public for ratification

23. Federalist #10 Madison addresses biggest fear of gov’t Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) Founding fathers were concerned that our government would be ripped apart Madison defends our national Constitution

24. Separation of Powers check the growth of tyranny Each branch of government keeps the other two from gaining too much power A republic guards against irresponsible direct democracy or “common passions” Factions will always exist, but must be managed to not severe from the system

25. Anti-Federalist Response Central gov’t would threaten liberty Aristocratic tyranny could happen Demanded a guarantee of individual rights and liberty (They got this in the Bill of Rights) States power was too limited

26. The Madisonian Model Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – division of gov’t between branches: executive, legislative and judicial Checks and Balances – a system where branches have some authority over others Limited Government – gov’t is not all-powerful, and it does only what citizens allow Federalism – division of power between central government and individual states

27. Checks and Balances Purposefully difficult to make changes Leads to gridlock Plus: Checks and Balances between the houses of Congress Checks and Balances between National (Federal) government and State governments

28. Checks and Balances

29. Separation of Powers • Prevents an all-powerful ruling body • Legislature – passes law (Congress) • Executive – enforces law (President) • Judiciary – interprets law (Supreme Court)

30. Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – division of gov’t between branches: executive, legislative and judicial Checks and Balances – a system where branches have some authority over others Limited Government – gov’t is not all-powerful, and it does only what citizens allow Federalism – division of power between central government and individual states

31. Amending the Constitution Meant to be difficult Require action from national and state gov Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures

32. Amendment Process

33. Judicial Review The Constitution never explicitly says which of the three branches gets the final so say over the meaning of it. So, the power of the Supreme Court to interpret these laws developed because of the case of Marbury v. Madison

34. Federalism the relationship between the federal government and the state governments

35. 2 Ways to think about FISM • OLD SCHOOL – Dual Federalism (LAYER CAKE) • Federal and state governments remain dominant in their separate spheres of influence • Gibbons v. Ogden proved life is not that simple • NEW SCHOOL – Cooperative Federalism(MARBLE CAKE) • State and Federal governments work together to solve complex problems

36. Types of Powers • Delegated Powers (enumerated powers) – powers given to Fed gov’t by Constitution • Example? • Reserved Powers – state power alone • Example? • Concurrent Powers – shared • Example • Prohibited Powers – denied from both • Ex. Neither gov’t can tax exports

37. Elastic Clause Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 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." Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

38. McCulloch v. Maryland (1819) Background Bank of the US operated in Maryland Maryland did not want BoUS to operate in state, competition unwanted, unfair Maryland taxed the bank to put it out of business McCulloch, BoUS employee, refused to pay the state tax

39. McCulloch v. Maryland (1819) Is a Bank of the US Constitutional? YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

40. McCulloch v. Maryland Can a state tax the federal gov’t? -NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it. -John Marshall reaffirmed Supremacy Clause and Elastic Clause -National (Federal) Gov gets STRONGER

41. Gibbons v. Ogden(1824) 1824 – aka “The Steamboat Case” Ogden received a state licensed monopoly to run a ferry across the Hudson River Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license. Ogden sued saying he had the valid state license, even though Gibbons had US license

42. Gibbons v. Ogden Result – Gibbons wins Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues Fed Gov’t gets STRONGER All trade today is primarily controlled by national law Commerce Clause- Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things

43. U.S. v. Lopez (1995) • 1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property • Declared law unconstitutional – • Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity. • Limits the powers of the fed.govt

44. Fiscal Federalism Fiscal means $ Q – How do you get the states to do things they normally wouldn’t do? A – Money Q – What is the answer to any question ever asked? A – Money

45. Grants in aid Money paid from one level of government to another to be spent for a specific purpose Categorical Grants - target specific purposes and “strings attached.” (EX- States receive funds if state raised age to 21 and lowered BAC to .08) Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (EX- Welfare reform)

46. Mandates A requirement that a state undertake an activity or provide a service Often times the states or local gov’ts have to pay the bill of the mandate set by Congress Often unfunded- which means the Fed. Provides no $ to accomplish the mandate EX- Clean Air Act, Drug-free Workplace Acts,

47. Fed power and devolution • The power of the fed govt has increased over time • Scope of problems becoming national • Increase of economic power • Increase in national communications infrastructures • The Great Depression • There is a movement to begin to give power back to the states—this is called devolution • Idea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the “bloated federal government