constitutional foundations. the constitution of the united states our social contract written in...
TRANSCRIPT
Constitutional Foundations
The Constitution of the United States
Our Social Contract Written in 1787 – Ratified in 1789
The oldest in the world 2/3 of the national constitutions have been written since 1970
Only 14 predate WWII On average, each nation has had two since 1945
Historical Influences
Social Contract Theory The Magna Carta
Established “rule of law” rather than “rule by whim”
Fun Fact: 1 of 8 original copies is in the National Archives –
It’s 800 years old!!!
Mayflower Compact
The Pilgrims, landing in an area other than that authorized by their charter (contract with the King) agree to govern themselves by electing “representatives.”
The first “republic” in North America
Historical Influences cont.
The Articles of Confederation In groups, answer these questions.
What were the main weakness of the Articles?
List 5 specific weaknesses Why did the leaders of the new nation want it this way?
Why did they decide to change it?
The Articles of Confederation
Our First Constitution Created a “loose league of friendship” between the Colonies
Memories of British Rule made them reluctant to give up local control to a national government
So they created a weak national government . . . on purpose
Problems with the Articles of Confederation Main problem - A weak central government
The weakness was intentional
The states feared a strong central government would diminish their power.
It worked as long as there was a common crisis.
After the war the states began to quarrel with each other.
Problems Among the States They signed individual treaties with other countries, and Indian tribes.
Disputes about boundaries.
Each state had its own currency.
They taxed each other's goods.
They couldn't pay their war debt.
The final straw 1786 - Shay's Rebellion.
Massachusetts farmers, upset by high taxes levied to pay war debts, rebel.
Capture the state arsenal in Springfield, seizing 15,000 weapons.
The state militia stops the rebellion. Few are hurt. But, it scared the national leaders, and convinced them that something had to be done. They called for a convention to meet in Philadelphia - The Constitutional Convention.
Video – A Nation in Crisis
13:30 19:00
II. Constitutional Organization Preamble Main Body
Seven Articles Article One – the Legislative Branch
Article Two – the Executive Branch
Article Three – The Judicial Branch
Pair up and define these terms
Limited Government Separation of Powers Popular Sovereignty Checks and Balances Federalism
Democratic Principles
Principle – an essential element or quality. These “elements” are the building blocks of our Constitution.
Democratic Principles
1. Equality – equal treatment by government
2. Majority rules, but must respect the rights of minorities. (rights can never be taken away)
3. Necessity of compromise - The Civil War is proof of this
4. Limited Government
The Constitution says what our government CAN and CANNOT do.
The “rule of law” rather than “rule by whim”.
5. Separation of Powers
Montesquieu “Divide and conquer”, or divide powers to limit powers.
6. Popular Sovereignty
Consent of the Governed
Power of the people!
The power to govern comes from US!
7. Checks and Balances
Each branch has controls over the others.
8. FEDERALISM
The division of power between the national (or federal government) and the states.
Amendments
Both the national government, and the states must approve any constitutional amendment.
There are 27 Amendments to the Constitution.
Amendment Process
Two Ways to propose: 1. By Congress – with 2/3 vote in each house of Congress. (All 27 were proposed this way.)
2. By national convention – called by Congress when 2/3 of the states request one.
Two Ways to Ratify (approve): By legislatures in ¾ of the states. By Conventions in ¾ of the states. (Only the 21st has been ratified this way.)
III. Federalism A form of government in which power is divided between the federal, or national, government and the states.
A. Powers of the National, or Federal Government
1. Delegated Powers (or Enumerated Powers)
The Federal Government has ONLY those powers GIVEN to it by the Constitution. There are two types of delegated powers: expressed, and implied.
2. Expressed Powers
These are explicitly written down – you can look them up. (Article 1, Section 8)
Examples To declare war To levy taxes To regulate commerce
3. Implied powers
From the “necessary and proper” clause – Article 1, Section 8, Clause 18
The Framers knew they couldn’t include every necessary power, so they included this “blanket” clause
These powers are also known as: Necessary and proper powers Elastics powers
4. Denied Powers
The Constitution also says what government CANNOT do
Government restrictions come from: Explicit (written down) constitutional restrictions (Article 1, section 9)
The silence of the constitution – if the constitution doesn’t say they can do it, they can’t do it.
5. Exclusive Powers
These are things ONLY the Federal Government can do
Examples Wage war Make treaties Coin money Regulate Commerce
B. Powers of the States
Reserved Powers The 10th Amendment
Powers of the states
1. Denied Powers
Constitutional Restrictions Article 1, Section 10
State Constitutions The Supremacy Clause
Federal law is supreme
2. Concurrent Powers
Powers both the federal and state governments have Examples
Levy taxes Establish courts Charter banks Punish lawbreakers
3. Federal Obligations (guarantees) to the States A republican form of government
Cannot change a state’s borders (Carter Lake, Iowa)
Defense and security
4. Interstate Relations
Full faith and credit All states must accept the legal documents, and judicial decisions of all other states
Examples – drivers licenses, marriage licenses, divorce decrees
Example: Defense of Marriage Act
In the 2000 election, Nebraska voters adopted Amendment 416 which defined marriage as a “union of one man, and one woman” and said . . .
The uniting of two persons of the same sex in a civil union, domestic partnership or other similar same-sex relationship shall not be valid or recognized in Nebraska."
Would this violate the “full faith and credit clause?”
Couple A moves to Nebraska from Vermont, where they entered into a marriage/civil union. They are now denied health benefits, beneficiary status, and other legal rights associated with married couples.
How could they challenge this?
5. Extradition
Any fugitive from justice shall be returned to the accusing state.
The governor can refuse under some circumstances.
Answer 3 of 4. Do the 4th for extra credit.
1. Explain how school prayer rulings reflect the constitutional principle of “majority rule, and minority rights.”
2. Explain why the Articles of Confederation failed – 5 reasons or problems.
3. Describe four main points of social contract theory.
4. Explain why the framers included the “necessary and proper clause,” and explain the effect that it has had on the federal government.