Unit 2: The Constitution

Unit 1: Constitutional UnderpinningsWhat is democracy?

http://www.wimp.com/thegovernment/Begin at 4:58What conditions in the colonies fostered democracy?Colonists from New WorldEscape from religious persecutionEconomic opportunityIndependent and Diverse Self-GovernanceDrafting of colonial constitutionsDevelopment of IndustryAbsence of Feudalism, rigid class system, absolute authority of the monarch

Problems Under the ArticlesLack of national sentiment; little unity1781-1789 was critical periodCongress rarely could assemble quorumWhen they met, little agreement on policyEconomic turmoilChaotic regulation of trade among states and with foreign nationsNo provision of judicial systemLack of strong central governmentCrumbling economyThe Articles demonstrated a distrust of a strong nationalgovernment. What were the historical and philosophical reasons for this distrust?Many people today continue to mistrust the govt. Is such distrust justified?What were the positive and negative consequences of a limited govt under the Articles?

How did Shays Rebellion lead to the Constitutional Convention?Economy bad; banks foreclosed on farms of veteransMassachusetts law required payment of debts in cashShays 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

Miracle at PhiladelphiaWashington presided over the conventionFirst day: Edmund Randolph and James Madison of Virginia proposed 15 resolutions creating an entirely new government.Others believed this to be treasonBitter battles between small and large statesProceedings conducted in strict secrecyNo official record of proceedingsWas this undemocratic?

Shared Beliefs of the Delegates and Sources of IdeasNeed for stronger national governmentBelief in republican form of governmentAgreement with Lockes theory of rightsSupport for Montesquieus separation of powersGovernments of Ancient Greece and RomeEnglish HeritageLimited GovernmentMagna Carta, English Bill of Rights

Controversy between small and large states: The Virginia and New Jersey PlansVirginia PlanPowerful central governmentThree branchesTwo House LegislatureOne house directly elected, other from those nominated by state legislaturesA legislature with power to select the executive and judiciaryNew Jersey PlanStrengthening the Articles, not replacing themCreating a one-house legislature with one vote for each state with representatives chosen by state legislaturesGiving Congress the power to raise revenue from duties and postal serviceCreating a Supreme Court appointed for life by the executive officer

Bundle of Major CompromisesRepresentation (Great Compromise) Connecticut PlanSlavery (Three-Fifths Compromise)Eldbridge Gerry: cattle and horsesCommerceExecutiveIndirect selectionUnlimited terms of 4 years eachEnumerated PowersEvidence of fear of popular citizen controlIndirect election of senatorsElectoral CollegeDifficult Amendment processBasic Principles of the ConstitutionSeparation of PowersWay of dividing power among three branches of governmentMembers of branches are selected by and responsible to different constituenciesChecks and BalancesGives each of the three branches of government some degree of oversight and control over the actions of the othersLimited GovernmentThe government has only the authority that the people have given to itBasic Principles of the ConstitutionJudicial ReviewThe power of courts to determine whether what government does is in accord with what the constitution provides.FederalismPlan 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

Types of Powers Established by the ConstitutionEnumerated/Expressed/DelegatedPower to taxDeclare warCoin moneyImpliedStems from the necessary and proper clause or elastic clauseTo 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?

Types of Powers Established by the ConstitutionInherentPowers over and beyond those explicitly granted in the Constitution or reasonably to be implied from express grantsWiretappingEnhanced interrogation techniques

Issues the Framers left UnresolvedSlaveryA necessary evil?CitizenshipVoting RightsSecession?

Fight for Ratification: Federalists v. Anti-FederalistsFederalistsFavored a stronger national government and supported the proposed ConstitutionLater became the first political party in the U.S.Federalist papers written by John Jay, Alexander Hamilton, and James Madison

Anti-FederalistsFavored strong state governments and a weak national governmentOpposed the ratification of the U.S. ConstitutionFeared that liberties of people would be trampled

Fight for Ratification: Federalists v. Anti-FederalistsFederalistsAnti-FederalistsWho are they?Property owners, landed rich, merchants of Northeast and Middle Atlantic states.Small farmers, shopkeepers, laborers.Political philosophyElitist: saw themselves and those of their class as most fit to govern (others were to be governed).Believed in the decency of the common man and in participatory democracy, viewed elites as corrupt; sought greater protection of individual rights.Type of government favoredPowerful central government; two-house legislature; upper house (six-year term) further removed from the people, whom they distrusted.Wanted stronger state governments (closer to the people) at the expense of the powers of the national government; sought smaller electoral districts; frequent elections, referendum and recall, and a large unicameral legislature to provide greater class and occupational representation.AlliancesPro-British, Anti-FrenchAnti-British, Pro-FrenchFormal Method of Amending the Constitution

Informal Method of Amending the ConstitutionJudicial InterpretationMarbury v. MadisonActions of CongressPassage of lawsImpeachment ProcessActions of the executiveExecutive AgreementsUse of troops without Congressional approvalActions of political partiesElection processUnwritten traditionsCabinet

The Living ConstitutionArguments over interpretation of the ConstitutionStrict InterpretationBelief that the powers of the government derive from the statesLoose InterpretationEstablishment of idea of implied powersPowers of the 3 branches are not limited to what is stated in the Constitution

Weaknesses of the ConstitutionComplexityPotential for citizen apathyDifficulty of agreement on policyDifficulty of implementation on policyLack of fiscal accountabilityDifficulty of amending processLack of clarity in protection of rights of minoritiesCompetition between levels of government

Strengths of the ConstitutionFlexibility Variety of places for citizen inputPotential for experimentation at various levelsVariety of citizen choicesVariety of bases of political power