Unit 2Unit 2

Constitutional Constitutional FoundationsFoundations

The ConstitutionThe Constitution

Is it just an old, dusty, historical document Is it just an old, dusty, historical document with little relevance to our daily lives?with little relevance to our daily lives?

OrOr Does it have relevance to our daily lives?Does it have relevance to our daily lives?

If so, what? If so, what?

Examples?Examples?

Purposes & Functions of a Purposes & Functions of a ConstitutionConstitution

Defines and limits government’s powersDefines and limits government’s powers Lists the rights of the peopleLists the rights of the people Establishes the structure of governmentEstablishes the structure of government Provides the rules & operating Provides the rules & operating

procedures for governmentprocedures for government Serves as:Serves as:

– The The supreme lawsupreme law of the land of the land– Fundamental lawFundamental law of the land of the land

The Constitutional TraditionThe Constitutional Tradition

Mayflower compactMayflower compact– Legalized the Pilgrim’s Legalized the Pilgrim’s

position as a body politicposition as a body politic

Colonial ChartersColonial Charters (1624-1732)(1624-1732)

Colonial AssembliesColonial Assemblies– Every colony in the New Every colony in the New

World had an assemblyWorld had an assembly

Magna ChartaMagna Charta

Signed by British King John in 1215Signed by British King John in 1215

Why important? Why important? – It placed the first written limitations on It placed the first written limitations on

the powers of the British kingthe powers of the British king– It was the first tiny little step on the road It was the first tiny little step on the road

to limited government and, eventually, a to limited government and, eventually, a democracydemocracy

John LockeJohn Locke

A British political philosopher writing in A British political philosopher writing in the 1680s and 1690sthe 1680s and 1690s

His importance?His importance?– He was the He was the most widely readmost widely read ( by our founding ( by our founding

fathers) fathers) political philosopherpolitical philosopher – His political ideas had more influence than His political ideas had more influence than

anyone else’s on the political beliefs of our anyone else’s on the political beliefs of our founding fathers and the Declaration of founding fathers and the Declaration of Independence and US ConstitutionIndependence and US Constitution

John Locke’s Principles of John Locke’s Principles of GovernmentGovernment

1.  ALL MEN ARE CREATED EQUAL1.  ALL MEN ARE CREATED EQUAL   2. ALL PEOPLE HAVE “CERTAIN UNALIENABLE RIGHTS2. ALL PEOPLE HAVE “CERTAIN UNALIENABLE RIGHTS” ”

INCLUDING LIFE, LIBERTY, AND PROPERTYINCLUDING LIFE, LIBERTY, AND PROPERTY

3.   GOVERNMENTS ARE CREATED BY PEOPLE “TO 3.   GOVERNMENTS ARE CREATED BY PEOPLE “TO SECURE THESE RIGHTSSECURE THESE RIGHTS

4.   ALL GOVERNMENTAL POWER IS BASED ON 4.   ALL GOVERNMENTAL POWER IS BASED ON ““THE THE CONSENT OF THE GOVERNEDCONSENT OF THE GOVERNED

5. IF GOVERNMENT BECOMES DESTRUCTIVE OF THESE 5. IF GOVERNMENT BECOMES DESTRUCTIVE OF THESE

ENDS, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR TOENDS, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR TO ABOLISH ITABOLISH IT

Articles of Confederation (1781-Articles of Confederation (1781-1789)1789)

Goal: to bring the Goal: to bring the thirteen states together thirteen states together while allowing each while allowing each state to remain state to remain independentindependent

Adopted on March, 1, Adopted on March, 1, 17811781

Under the Articles, each Under the Articles, each state issued its own state issued its own currencycurrency

Articles of Confederation Articles of Confederation Government-1Government-1

A ConfederationA Confederation

Only one branchOnly one branch– No executive branch—fear of executive No executive branch—fear of executive

tyrannytyranny– No judicial branch—fear national courts No judicial branch—fear national courts

would overrule state courts and would overrule state courts and diminish state powerdiminish state power

Articles of Confederation Articles of Confederation Government-2Government-2

CongressCongress– Only one house (unicameral)Only one house (unicameral)– Equal representation—every state had only Equal representation—every state had only

one voteone vote– One year termsOne year terms– Could be recalled and replaced at anytimeCould be recalled and replaced at anytime– Voted on instructions from their home stateVoted on instructions from their home state– Paid by their home statePaid by their home state– Most decisions required 9 of 13 states to Most decisions required 9 of 13 states to

agree--a ¾ majorityagree--a ¾ majority

Articles of Confederation Articles of Confederation Government-3Government-3

Powers national government lackedPowers national government lacked– Taxation Taxation

» (relied on voluntary state donations)(relied on voluntary state donations)

– Regulation of commerce Regulation of commerce – Raising an army or navyRaising an army or navy

» Relied on volunteers and state militiaRelied on volunteers and state militia

– No enforcement power of national lawsNo enforcement power of national laws

Articles of Confederation Constitution could Articles of Confederation Constitution could only be amended if all 13 states agreed only be amended if all 13 states agreed

Troubles Confronting a New Troubles Confronting a New NationNation

Financial DifficultiesFinancial Difficulties

Commercial ObstaclesCommercial Obstacles

Defense (or lack of!)Defense (or lack of!)

Civil DisorderCivil Disorder

Lack of international Lack of international respectrespect

Constitutional ConventionConstitutional Convention

Called after Shays RebellionCalled after Shays Rebellion Purpose: Purpose: “for the sole and express “for the sole and express

purpose of revising the Articles of purpose of revising the Articles of Confederation”Confederation”

All recommended All recommended changes to be reported changes to be reported back to Congressback to Congress for their approval for their approval

No recommendation effective unless No recommendation effective unless approved by Congress and ALL 13 state approved by Congress and ALL 13 state legislatureslegislatures (as provided for in the A. of C. (as provided for in the A. of C. Constitution)Constitution)

Delegates at ConventionDelegates at Convention

Met in PhiladelphiaMet in Philadelphia 12 states sent the 55 delegates12 states sent the 55 delegates Most had political experienceMost had political experience Almost half were college graduatesAlmost half were college graduates Most were men of wealth & influenceMost were men of wealth & influence Most of work done by core group of 30Most of work done by core group of 30 On final day, 39 of 42 delegates signed On final day, 39 of 42 delegates signed

the Constitutionthe Constitution

Consensus in PhiladelphiaConsensus in Philadelphia

Liberty and PropertyLiberty and Property

Social ContractSocial Contract

Representative Representative GovernmentGovernment

Limited GovernmentLimited Government

NationalismNationalism

Constitutional Disputes & Constitutional Disputes & CompromisesCompromises

DisputeDispute State State

RepresentationRepresentation

SlaverySlavery

EconomicsEconomics

CompromiseCompromise Bicameral CongressBicameral Congress

– Senate: = Senate: = representationrepresentation

– House: based on House: based on pop.pop.

Leave to each stateLeave to each state 3/5 Compromise3/5 Compromise 1808 Compromise1808 Compromise

No export taxesNo export taxes

Six Major Constitutional Six Major Constitutional ProvisionsProvisions

Separation of PowersSeparation of Powers» Executive, Legislative, JudicialExecutive, Legislative, Judicial

Checks and BalancesChecks and Balances» Each branch has power to block actions of other twoEach branch has power to block actions of other two

FederalismFederalism» Dividing power fairly evenly between national & state Dividing power fairly evenly between national & state

governments = more of a partnershipgovernments = more of a partnership

Judicial ReviewJudicial Review» Power of Courts to declare govt. laws & actions unconst’lPower of Courts to declare govt. laws & actions unconst’l

Limited GovernmentLimited Government» Article I—Section 9 (powers prohibited the national govt.)Article I—Section 9 (powers prohibited the national govt.)» Bill of RightsBill of Rights

Popular SovereigntyPopular Sovereignty

Separation of PowersSeparation of Powers

Checks and BalancesChecks and Balances

Who Has PowerWho Has Power: : Unitary, Confederate & Unitary, Confederate &

Federal SystemsFederal Systems

UnitaryUnitary

ConfederateConfederate

FederalFederal

UnitaryUnitary

All power in hands All power in hands of the national of the national governmentgovernment

State & local State & local governments governments simply implement simply implement decisions made by decisions made by national national governmentgovernment

Uniformity of laws & Uniformity of laws & policies nationwidepolicies nationwide

ConfederationConfederation

Majority of power in Majority of power in hands of state hands of state governmentsgovernments

National National government’s powers government’s powers are limited & are limited & restrictedrestricted

National government National government must often rely on must often rely on states for states for implementation, etcimplementation, etc. .

FederalFederal

Power more evenly Power more evenly split between national split between national and state and state governmentsgovernments

Each is an Each is an independent level of independent level of government with its government with its own set of powersown set of powers

This is more of a This is more of a partnership between partnership between national & state national & state governmentsgovernments

Federalism Federalism

Was the US a Democracy in Was the US a Democracy in 1789?1789?

No, why not?No, why not? The founding fathers did not trust the The founding fathers did not trust the

common people—Why?common people—Why? Only 5% of the population was eligible to Only 5% of the population was eligible to

votevote– Voting requirements: white, male, property owner, Voting requirements: white, male, property owner,

& some religious requirements& some religious requirements The only part of the national government to The only part of the national government to

be elected by the people in 1789 was…be elected by the people in 1789 was…– The House of RepresentativesThe House of Representatives

Five Methods of Five Methods of Constitutional ChangeConstitutional Change

Constitutional AmendmentConstitutional Amendment

Judicial ReinterpretationJudicial Reinterpretation

Presidential ActionsPresidential Actions

Congressional LawsCongressional Laws

Changing Customs & TraditionsChanging Customs & Traditions

Amendment ProcessAmendment Process

Judicial ReinterpretationJudicial Reinterpretation

Some of the greatest Some of the greatest changes to the changes to the constitution have come constitution have come about not by formal about not by formal amendment but by amendment but by reinterpretations of the reinterpretations of the document by federal document by federal courtscourts– SegregationSegregation– School PrayerSchool Prayer– AbortionAbortion

Presidential ActionsPresidential Actions

The president tries to expand the meaning of The president tries to expand the meaning of “executive Power”“executive Power”– Fighting undeclared warsFighting undeclared wars– Use of implied powers not mentioned in the Use of implied powers not mentioned in the

constitution:constitution:» Executive agreementsExecutive agreements» Executive privilegeExecutive privilege» ImpoundmentImpoundment

Congressional ActionCongressional Action

Equal Access LawEqual Access Law

Constitutional Change: Constitutional Change: Custom and PracticeCustom and Practice

Political Parties:Political Parties: as a method of as a method of nominating candidatesnominating candidates

The Electoral College:The Electoral College: from an elite from an elite group of free-thinking persons to a group of free-thinking persons to a rubber stamp of the popular vote rubber stamp of the popular vote

First AmendmentFirst Amendment

““Congress shall make no law respecting Congress shall make no law respecting the (1) the (1) establishment of religionestablishment of religion, or , or prohibiting the (2) prohibiting the (2) free exercisefree exercise thereof, or thereof, or abridging the (3) abridging the (3) freedom of speechfreedom of speech, or of , or of (4) (4) thethe presspress, or the (5) , or the (5) right of the people right of the people to peaceably to assembleto peaceably to assemble, and (6) , and (6) to to petition Governmentpetition Government for a redress of for a redress of grievances.”grievances.”

= freedom of expression protected= freedom of expression protected

Fourteenth AmendmentFourteenth Amendment

““All persons born in the United States…All persons born in the United States…are (1) are (1) citizenscitizens of the United States and of of the United States and of the Statethe State wherein they reside. wherein they reside. No state No state shallshall make or enforce any law which shall (2) make or enforce any law which shall (2) abridge the abridge the privileges and immunitiesprivileges and immunities of of citizenscitizens of the U.S., nor shall any State (3) of the U.S., nor shall any State (3) deprive any person of life, liberty, or deprive any person of life, liberty, or property without property without due processdue process of lawof law,, nor nor (4) deny to any person…the (4) deny to any person…the equal equal protection of the lawsprotection of the laws.”.”

FULL FAITH & CREDIT FULL FAITH & CREDIT CLAUSECLAUSE

FULL FAITH & CREDIT SHALL BE GIVEN IN FULL FAITH & CREDIT SHALL BE GIVEN IN EACH STATE TO PUBLIC ACTS, EACH STATE TO PUBLIC ACTS, RECORDS, & JUDICIAL PROCEEDINGS OF RECORDS, & JUDICIAL PROCEEDINGS OF EVERY OTHER STATE EVERY OTHER STATE 

ARTICLE IV, SECTION 2 ARTICLE IV, SECTION 2

““And congress may by general laws And congress may by general laws prescribe the manner in which such acts, prescribe the manner in which such acts, records, and proceedings shall be proved, records, and proceedings shall be proved, and the effect there of. and the effect there of.

PRIVILEGE & IMMUNITIES PRIVILEGE & IMMUNITIES CLAUSECLAUSE

   THE CITIZENS OF EACH STATE THE CITIZENS OF EACH STATE

SHALL BE ENTITLED TO ALL SHALL BE ENTITLED TO ALL PRIVILEGES AND IMMUNITIES OF PRIVILEGES AND IMMUNITIES OF CITIZENS IN THE SEVERAL STATESCITIZENS IN THE SEVERAL STATES

ARTICLE IV, SECTION 2ARTICLE IV, SECTION 2

Separation of Powers and Separation of Powers and Checks and BalancesChecks and Balances