the constitution. how much do you know? where do we find the phrase, “life, liberty and the...
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The Constitution
How much do you know? Where do we find the phrase, “life,
liberty and the pursuit of happiness?”
What are the Articles of Confederation?
Who wrote the Federalist Papers? What is the Great Compromise?
How would you describe the U.S. constitution?
Any country constitution What should a constitution do? Elements? Values and principles? The election in Iraq
Two governing documents Based on different organizing
principles Confederation Federalism Unitary
An Empire of Reason What were the failures of the
Articles of Confederation? what were the arguments in favor
of ratification? what were the arguments against
ratification? Shay’s rebellion
Elements of the constitution
Organizing & limiting government Separation of powers; checks and
balances Federalist 51: “If men were angels...” Article I: Great Compromise: Bicameral
legislature lower house based on population upper house provided two senators to every
state Enumerated powers
Slavery Where do you find it in the
constitution? Should slavery be allowed? (yes,
but ban importation in 20 years) How should slaves be represented?
(3/5 compromise)
Creating an executive Article II chosen by Electoral College Commander in Chief “take care that laws faithfully
executed”
Electoral college electors=number of U.S. Reps. &
Senators plus 3 for D.C. electors cast votes, and becoming
president requires a majority (50% +1)
if no majority for president, House of Representatives decides
Review Reasons for government, Locke and
Hobbes, democracy, Articles of Confederation, Constitution and battle for ratification, structure of constitution and federalism
Current events: confirmation hearings (Rice), Iraq elections, State of the Union message, budget
State of the Union message What topics did you expect to
hear? Did you hear them? Opinions/reflections on the
message
Optional writing assignment #2 Everyone should go to
www.factcheck.org and look at the article on Social Security and bankruptcy.
Those who wish, may type a written response to the question: How is Social Security being discussed, and is that accurate? Do you agree or disagree with private accounts?
Budget $2.57 trillion Eliminates 150 programs Deficit of $390 billion--does not
include $81 billion to continue the war in Iraq, nor impact of revamping social security
DOD $420 billion…EPA $7.5 billion
Art. III: Judicial branch
a Supreme Court other courts established by
Congress appointed for life
judicial review Marbury v. Madison (1803) power to review the acts of
Congress, the President or the states for their constitutionality
NOT in the constitution, but an important “check” on other branches
Something to think about... the founders limited direct
involvement of citizens only representatives were directly
elected (not president, U.S. senators or federal judges)
Changing the Constitution
informal: interpretation by Supreme Court
formal: Two step process of proposal and ratification
Federalism and intergovernmental relations issue is as important today as in
1787 what should be the allocation of
power between federal, state and local government?
Why were the anti-federalists concerned?
Constitutional provisions
States have “reserved powers” (10th amendment)
National law supercedes state law (Art. VI) (Supremacy Clause)
Enumerated and implied powers and the necessary and proper clause (Art. I)
Each state guaranteed protection and representation
Constitutional relationships between states (Art. IV) full faith and credit privileges and immunities extradition interstate compacts
Massachusetts, May 13, 2004 State Supreme Court
rules ban on gay marriage unconstitutional
Defense of Marriage Act (1996)
Vermont court permitted civil unions in 1999; 39 states define marriage as heterosexual union
California, 2004 San Francisco’s
Mayor Newsom issues a directive to issue same-sex marriage licenses
Nearly 4,000 couples
State court nullifies on August 12, 2004
New York, February 2005 Judge struck down
NY law banning same-sex marriage on constitutional grounds
NY City will appeal decision
11 states passed constitutional amendments recognizing marriage as between a man and woman
Optional writing assignment #2 Everyone should go to
www.factcheck.org and look at the article on Social Security and bankruptcy.
Those who wish, may type a written response to the question: How is Social Security being discussed, and is that accurate? Do you agree or disagree with private accounts?
Meanwhile... What is happening in Wisconsin
regarding gay marriages?
Can the States Do it Better? What are historical reasons for the
expansion of national power at the expense of state power?
Do you agree that the era of big government is over? Why or why not?
Which level of government do people trust more?
fiscal federalism
Grants-in-aid categorical grants: specific purposes block grants: broad categories federal funding for state programs is
not increasing at the same rate as state spending
regulatory federalism
direct order (mandates) preemption cross-over sanction cross-cutting requirement
State and national governments
Reflecting on similarities and differences
similarities Three branches Bicameral legislature (except
Nebraska) Elected representatives and
senators Constitutional foundation, with
extraordinary steps to change Draw power from the people
Differences in constitutions National
constitution short, seldom
amended since 1787 Proposal/
ratification only by legislative branches
State constitutions longer, more
frequently amended States have adopted
new constitutions Initiative process
bypasses legislative branch (citizens propose and ratify)
Wisconsin Two votes (majority) both houses
(second vote after a general election)
Must be sent to voters as a referendum (majority to pass)
Put a request to voters for a constitutional convention
States engage in direct democracy Referendum: legislature refers
issues to voters Initiative: citizens initiate and ratify
changes in local or state laws or state constitutions
Recall: citizens petition to remove someone from office before term
Recall of Gov. Davis (CA) and State Senator Gary George (WI)
Differences in executive National electoral college Limited to two
terms (22nd amendment)
Cabinet selected by president and confirmed by senate
No line-item veto
State Plural executive: Most governors
have a line-item veto
Balanced budget
Differences in legislative National No term limits Senate represents
states (17th amendment direct election)
“professional”
State 17 states have
term limits Both houses
represent people Mix of citizen and
professional WI: 33 senators/99
assembly members
Difference in judiciary National Judges/justices
appointed for life
States Judges/justices
selected different ways, but subject to election
Non-partisan, partisan or retention
For Thursday Public opinion and political
socialization chapter
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