(AP) The Constitution and Federalism

AP UNIT ONEAP UNIT ONE(CONTINUED)(CONTINUED)

THE CONSTITUTION THE CONSTITUTION AND FEDERALISMAND FEDERALISM

The Framers of the Constitution

55 delegates met in Philadelphia to revise (but later replace) the Articles

Known as the Framers - well-educated, politically savvy men of property

Ex: George Washington, James Madison, Ben Franklin, Alexander Hamilton, Roger Sherman, William Paterson, etc.

Philosophies of the Framers

factions- groups within gov’t that are in conflict with one another over policy (ex: political parties, interest groups)

Framers saw factions in people with property vs. those without

Rights like property must be protected and factions (minority or majority) kept from taking control

Problems at the Constitutional Convention

1.) State Equality: How would the states be represented in the new gov’t?

New Jersey Plan - unicameral legislature (one house) with equal representation (each state has same # of representatives)

OR Virginia Plan - bicameral legislature (two

houses) with representation based on state population (bigger state pop. = more representatives)

SOLUTION: The Connecticut Compromise

Bicameral legislature Senate with equal representation (each

state gets two senators) House of Representatives based on

state pop. (more pop = more reps)

2.) Population Equality: How do we deal with slavery?

SOLUTION: 3/5 Compromise-3 out of 5 slaves would count toward

state representation

3.) Voter Equality: Who gets to vote?SOLUTION: Let the states decide voting

qualifications.

*POLITICAL CARTOON /DISCUSSION BREAK*

Edwards pg. 47

4.) Economics: How do we stabilize the American economy and keep the states in line?

SOLUTION: Give Congress the power to:

-tax, spend, borrow, and coin money-regulate interstate and international commerce (trade)-build roads and post offices

Also prohibit the states from:-making their own money-taxing imports from other states

5.) Individual Rights: How do we protect them? (pre-Bill of Rights)

SOLUTION:-writ of habeas corpus - proof must be shown

by an officer in court as to why you’re being arrested

-no bills of attainder (law punishes without trial)-no ex post facto laws (punishment for past

actions at the time it was legal)-criminal cases have trials by jury

The Madisonian System James “J-Mads”

Madison--> Father of the Constitution

Thought gov’t was in danger of tyranny by factions, especially the majority

Question: How do we keep the majority from controlling everything?

ANSWER: Limit power of the majority whenever possible.

-establish a republic - form of gov’t where people rule through elected representatives, not directly (aka indirect democracy)

Limiting Gov’t Under Madison’s System

Separation of Powers - each branch of gov’t (legislative, executive, judicial) is mostly independent so one branch cannot control the rest (but still share powers)

Checks and Balances - system where the branches must approve the actions of the others to balance power and keep all branches equal

Ratification

The Constitution was signed on September 17, 1787

needed 9/13 states to ratify (approve) it before it could go into effect

Madison, Hamilton, and Jay write The Federalist Papers to convince states like NY and VA to ratify

The Debate Over Ratification

Team Federalist strong national gov’t

(weak state gov’ts) gov’t run by the

landowners, educated, and experienced

indirect elections of officials with longer terms

Constitution adequately protected rights already

Team Anti-Federalist strong state gov’ts

(weak national gov’t) gov’t run by the

common people direct elections of

officials with shorter terms

wanted Bill of Rights to protect individual rights

Outline of the Constitution

constitution - the basic set of laws for a country; our “instruction manual” for gov’t and highest law of the land

The U.S. Constitution has 7 articles (sections)

Art. I - Legislative Branch Art. II - Executive Branch Art. III - Judicial Branch Art. IV - Concerning the States Art. V - Amending the Constitution Art. VI - Supremacy of the Constitution Art. VII - Ratification

Amending the Constitution

The Constitution is a “living document” that can be changed over time as needed

Has 27 amendments (changes to the original text)

First 10 amendments = The Bill of Rights

How to Formally Amend the Constitution

4 methods: 1.) 2/3 each house of Congress proposes it,

3/4 state legislatures (38 states) ratify (26x) 2.) 2/3 each house of Congress proposes,

3/4 state conventions ratify (1x) 2.) 2/3 of national convention proposes, 3/4

state legislatures ratify (x) 4.) 2/3 national convention proposes, 3/4

state conventions ratify (x)

Informally Changing the Constitution

Actions in gov’t can “unofficially”/informally change the Constitution (not its literal text)

Changed through:- judicial interpretation (ex: court rulings) - political actions (ex: political parties shape

and control election processes)- Increased expectations of policymakers (ex:

expansion of president’s powers in times of war)

MARBURY V. MADISON(1803)

William Marbury was denied a judicial appointment and used the Judiciary Act of 1789 to ask the Supreme Court to hear his case

Importance of the Ruling: established the principle of judicial review - The courts have the power to interpret the meaning of the Constitution and to declare gov’t laws and actions to be unconstitutional

– Chief Justice Marshall said law was unconstitutional because SC did NOT have authority to hear his case first and that the law gave SC unconstitutional powers

Organizing Gov’t federalism - the division of gov’t power

between national and state gov’ts– Both levels of gov’t rule over the same population

of people– i.e. we live under TN state laws and national

(federal) laws at the same time

opposite of a unitary government - consolidation of power in one central gov’t

confederation - gov’t with a weak central gov’t and strong sectional gov’ts (ex: states)

Supremacy of National Law

supremacy clause - found in Article VI, states: – Constitution is the highest law of the land– no gov’t law/action (national or state) can

overrule it – state laws are subordinate to national

laws

Powers of the Federal Gov’t

enumerated powers - powers specifically addressed in the Constitution– Ex: Art. I gives Congress the power to tax,

spend, declare war, regulate trade, coin money, etc.

implied powers - powers “hinted at”/implied by the Constitution (often up to interpretation)

based on the elastic clause (aka the Necessary and Proper Clause) - Art. I Sec. 8 Cl. 18– Congress can make laws that are needed and

appropriate for the country, even if they’re not specifically mentioned in the Constitution (ex: banks, food inspection, etc.)

McCulloch v. Maryland(1819)

State of Maryland taxed its branch of the national bank, believing the Bank of the U.S. to be unconstitutional because it was not mentioned in the Constitution

Importance of the Ruling:– Enforced that states were subordinate to

national law– Enforced the implied powers of the

national gov’t to create a national bank

Commerce Clause Congress can regulate interstate and foreign

commerce (trade)How does this apply to the states? Congress

can regulate:-commerce on roads, waterways, and airways-instruments that carry out commerce (ex:

vehicles, ships, etc.)-items that move across state lines (physically

or electronically)-matters that have a close effect on commerce

Gibbons v. Ogden(1824)

Gibbons and Ogden had competing steamboats that ran from NY to NJ

NY gave Ogden a monopoly on his business while he operated under a federal license and Gibbons challenged it

Importance of Ruling:– Gave a broad definition of commerce to include

almost anything of a commercial nature– Congress (and its laws) controls trade between

the states, not the states themselves

Powers of State Gov’ts

reserved powers - powers not given to the national gov’t by the Constitution and not forbidden to the states are reserved/“left over” to the states (10th Amendment)

Ex: national elections, speed limits, marriage laws, etc. are state powers

Can be addressed by national gov’t if people want it to influence the states

Relationships Between the States

Full Faith and Credit Clause - states must recognize the decisions, records, and rulings of other states

extradition - states must return fugitives to the state in which they committed their crime

privileges and immunities - states can’t discriminate against citizens of other states (with exceptions, like voting in state elections)

Types of Federalism

Dual federalism - the national and state gov’ts each have their own responsibilities and are sovereign in their own areas (think “layer cake”)

Ex: states control national elections, education, build roads

National gov’t coins money, declares war, runs post offices

Cooperative federalism - the national and state gov’ts must share power and policy responsibilities (think “marble cake”); they’re partners in gov’t

Ex: both national and state gov’ts investigate crimes, are involved in healthcare, education*, maintaining highways*, etc.

$ Fiscal Federalism $

fiscal federalism - when the federal gov’t provides funding (called grants-in-aid) to the states to carry out gov’t activities (laws, mandates, programs, etc.)

can be used to influence actions of the states (if states want the money, they have to follow the federal gov’t rules)– strings attached! (ex: $ to build highways

= states setting drinking age to 21)

Types of Grants

1.) categorical grants -states can only use this funding for specific things as the federal gov’t directs– project grants - given for specific

purposes to the best chosen applicant (ex: research)

– formula grants - legislation decides how they are given, not applications (ex: welfare)

2.) block grants - broader grants that states have more choice in deciding how they’re spent in a certain area (ex: community development)

Mandates

Orders by the federal government for the states to implement programs if the states hope to keep federal funding

Sometimes Congress doesn’t set aside money for a law and states have to pay for it

Ex: Medicaid (low-income health care)– The bigger these programs get, the more

the states have to pay for them

Devolution

devolution - the transfer of policy responsibilities from the national gov’t to the state gov’ts

Basically, making national gov’t smaller by giving states more responsibility in governing (ex: speed limits, welfare implementation, etc.)