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