US Constitutional Law

History and Basic Principles

What We Already Know

● Name the three branches of government.● What does each do?● Give examples of how they check one another.● How is the President elected?● How and how often are the members of

Congress elected?● How are federal judges selected? How long do

they serve?

What We Are Going to Learn

● How federalism works in America and what this has to do with President Obama's health care law.

● What specific powers each branch has.● The kinds of cases the Supreme Court can hear.● The protections granted to individuals and the

role the Court plays in enforcing these protections.

The Beginning

● 1492: Italian explorer Christopher Columbus lands in the “new world.”

● 1507: First time “new world” is labeled as “America.”

● 1513: Spanish explorer Ponce de Leon lands in present-day Florida

German cartographer Martin Waldseemüller'sworld map, the earliest known use of “America”

First Settlements

● 1565: founding of St. Augustine

● 1607: Jamestown colony founded

● 1614: New Amsterdam founded

● 1620: Pilgrims land on “Plymouth rock”.

The Mayflower

Consolidation of Power

● 1674: Dutch cede territory to Britain.

● 1732: 13 British colonies now exist from Mass. to Georgia.

● 1754: Proposal to form common defense policy defeated by colonial legislatures.

● 1763: Britain consolidates power after Seven Years War

Seeds of Conflict

● 1765 – Parliament passes

Stamp Act

– 9 of 13 colonies meet in secret congress.

– Parliament repeals Act but gives self authority to pass laws regarding colonies.

Beginning of the End

● 1773: residents of Boston throw tea into Boston harbor in response to new taxes.

● 1774: Parliament passed “Intolerable Acts”

Nathaniel Currier's 1846 depiction of the Boston Tea Party

Prelude to War

● 1774: 13 colonies form Continental Association.

● 1775: Parliament passes New England Restraining Acts

● 1775: Battle of Lexington and Concord

● 1775: 2nd Continental Congress formed.

British entering Concord

To Sum Up

No More Kings children's video created by the Schoolhouse Rockproject as part of the 1976 Bicentennial celebration.

http://www.youtube.com/watch?v=t-9pDZMRCpQ

Beginnings of a Union

● 1775: Second Continental Congress– All 13 colonies

represented

– Continental army formed under command of Washington.

– Olive Branch Petition rejected by King

● Powers of the Congress– Form army

– Obtain loans

– Issue money

– NO power to tax!

1776

● May– congress instructs all

colonies to form “revolutionary governments.”

– Virginia convention instructs its delegates to propose declaration of independence.

● June– Resolutions of

Independence first proposed.

– Committee of five appointed to draft formal declaration● Adams, Jefferson, Franklin

Declaration of Independence

Adopted July 4th– What are the grievances?

– Principles of governance listed?

Independence

● 1776 – committee formed to create “Articles” of statehood.

● 1781 – Articles of Confederation adopted by 13 states.

● 1781 – war ends with the surrender of Cornwallis.

● 1783 – Britain formally recognizes United States of America.

American Constitutional Law

Articles of Confederation

Articles 1 - 3

● Establishes the name of the confederation as "The United States of America."

● "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated."

● Establishes the United States as a new nation, a sovereign union of sovereign states

Article 4 - 6

● Article 4 - Establishes freedom of movement and defines which government entity shall define rights.

● Article 5 – defines voting rights of each state in new Congress.

● Article 6 – defines who conducts foreign relations and under what circumstances a state can have a standing army.

Articles 7 - 9

● Article 7 – sets forth how federal army will be formed.

● Article 8 – sets forth how federal government will be funded.

● Article 9 - defines the powers of the central government.– Declare war, set weights & measures, settle disputes

between states.

Articles 10 - 13

● Article 10 – creates government when Congress is not in session.

● Article 11 – sets forth requirements for admission of new states.

● Article 12 – deals with debts from Revolutionary War.

● Article 13 – reaffirms idea of perpetual union and says all changes must be by unanimous vote of the states.

Result: a weak federal government

● No power to tax– Power to raise army is meaningless without this.

● No direct representation– Representatives are chosen by state legislature.

● Changes must be made by unanimous vote● States are binding themselves for limited

purposes.– This is more of a treaty or association, than a country.

Prelude to the Constitution

New Jersey vs. Virginia Plans

● Both sought to change the nature of the federal government.

● New Jersey plan sought to protect the power of the smaller states.

● Virginia plan sought to enhance the power of the larger states.

● Neither plan truly envisioned a completely new constitution.

The U.S. Constitution

● A series of compromises in response to divisions between:– North and South, Big and Small, Federalist and Anti-Federalist

● Draft Constitution was adopted by Constitutional Convention on September 17, 1787– 39 of 55 delegates from 12 states voted in favor

– Rhode Island did not send a delegation

● All 13 states eventually voted in favor of the new Constitution.– Rhode Island being the last state in 1790.

Basic Principles

● Popular Sovereignty– A government created for the people, by the people.

● By the people – the “people's representatives” wrote and adopted the structure.

● For the people – to serve the people, not monarchy, not special interests.

● Rule of Law– A government guided by a set of laws, rather than by

any individual or group entity.● Think of how common law began.

Basic Principles

● Judicial Review– The establishment of the Supreme Court as the

judicial branch's authoritative institution, and the resulting power of judicial review.

● Individual Rights– Protection of individual rights and liberties against

government encroachment.

Basic Principles

● Separation of Powers and a System of Checks and Balances– A separation of powers and distribution of functions

and responsibilities among three separate government branches, and a system of checks and balances to calibrate those powers.

● Federalism– A federalist system whereby governing power is

shared between the national government and the individual state governments.