AP Goverment Unit 2 Constitutional foundations PDF

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Unit 2: Constitutional Foundations [CR1] The Constitution America as a confederacy America is currently America 2.0 first came the total flop of articles of confederacy Constitutions create governments

Confederal vs Unitary Systems of Government The main thing that separates these two systems is location of the word soveirgnty How much power does the national government have over issues Which level of government has the constitutional authority The power of regional governments is in the national government who can say yes or no j The constitutional government in a unitary system has ultimate power So the confederal system basically allows each state to almost be its own country

Foundational Document #2: The Articles of Confederation

1781-1789

Created an association of sovereign states The stile of the confederacy shall be “The United States of America” Each state was completely independent and the national gov had very little power Each state was in a firm league of friendship with each other 1. Structure of the national (confederal) government Article 5: Delegates shall be annually appointed to the congress, the legislative branch Every state is equal in this union of states so each state gets one equal vote when determining legislation There is just one branch and one house so changes were incredibly hard to pass because all states needed to agree

Most of the power was given to the states Unicameral with one chamber in congress 2. Limits on the power of the national (confederal) government Article 9: congress shall have the sole power of determining between peace and war Power to enter treaties and alliances 9 (foreign policy) Regulate the alloy and value of coin Establish the post office and create gov departments Did not have the power to tax Gov became desperate for money and after five years the gov sold its navy ships and reduced its soldiers to 1k Could not pass laws to regulate commerce between states States started to fight each other’s economies No executive or judicial branch there was a junk version of a president who presided over congressional hearings but was not useful at all States went into war between each other Vermont threatened to join Canada Political Instability Shortage of hard currency The citizens and gov had lots of debt due to war People weren’t making enough money = tax not payed = gov no money = more tax Shay’s Rebellion was a group of farmers who were getting their farms foreclosed on lead by Daniel Shay. In 1786 Role of gov is to protect property rights The states militia needed to put down the rebellion but there was no money and the gov had no money Wealthy people of Boston finally gave money to the state to form a militia defeats Shay and convinces George to become part of a new political order

State and national gov incompetent Causes a call to action with the nations leaders

The Constitutional Convention: Key Issues Created an entirely new government As states sent their delegates the world was watching hoping for failure George is president of the convention and need to deal with key issues: Powers of the government and state Representation of states in congress Protecting individual rights

Representation of the state in congress 1. Virginia Plan: Legislative branch bi cameral upper and lower: lower house direct elections (large state plan) Proposed that states are represented by amount of population Bicameral Executive branch chosen by legislature who also appointed the Supreme Court 2. The New Jersey Plan: Small state plan Franklin suggests for a prayer each day

Unicameral legislative branch that’s laws were binding on states Three branch government: multiple executives in the executive branch Supreme Court appointed by executive branch Congress can regulate trade and tax Each state had one vote 3. The Great compromise Grand committee was created to create a compromise Sometimes called the Connecticut Compromise House of Representatives would be apportioned according to the population of each state, with members elected directly by the people. In the Senate, each state would have two senators, voting independently, chosen by their legislatures.

Other Compromises Three-Fifths Compromise: whole number of free persons” and “three-fifths of all other persons North didn’t want slaves to be represented at all so the south had a smaller population and the pro slavery delegates of the south could be limited Convention allowed slave trade and denied Congress the power to prohibit until 1808 and that fugitive slaves should be returned to their masters Compromise over the presidency: population or legislature, compromise = electoral college (state legislatures would select electors who voted who they wanted to be president Changed how first and second place worked with the second place becoming Vice President Key Issues Article 1: vests legislative power in the Senate and the House of Representatives describes the organization of Congress and its powers, known as enumerated or delegated powers Congress can make laws needed to carry out its enumerated powers Also lists the powers denied to Congress and the states.

Article 2: article deals with executive branch and the election of the president (and vice president), the qualifications for holding the office, and the procedures if a president can no longer serve. powers of the president: serving as commander in chief of army and navy, making treaties, and, with the “advice and consent of the Senate,” appointing ambassadors, officials, and Supreme Court justices. The president is required to periodically report to Congress on the state of the union, can propose legislation, and can call Congress into special session. Article 3: established the Supreme Court and authorizes Congress to establish lower federal courts. The types of cases the courts have jurisdiction over are given, and a provision is made for the right to trial by jury. While not specifically stated, the power of the courts to declare a law unconstitutional is implied.

Lifetime job for judges so the can stay equal and just to the law Framers created an impeachment process for treason, bribery, or other high crimes or misdemeanors only house of reps can impeach only senate can hold trials

Major Principles of the Constitution Separation of powers: the constitutional division of government powers or functions into independent and co-equal branches Each branch has a separate position in the creation of laws(judicial:interprets, Legislative: writes, executive: executes laws) Framers were influenced by Montesquieu Checks and Balances: constitutional tools that each branch has to limit the policy making authority of the other branches Ex. Executive can veto and appoint supreme judges legislative can impeach and override vetos, judicial can declare executive action s as constitutional or not Judicial Review: declare a law unconstitutional and overturn it A lot of what the legislature is used for is checks and balances

Federalism: the constitutional division of power/soveirgnty into two or more levels of government In the US national and state federal power

Such as the national government given power over inter state commerce The sovereignty of education to the state so the national/federal government has no power Impacts/consequences of these principles 1. Lots of deliberation causes policies to move very slow(inefficient) 2. Lots of compromises between ideas 3. Policy gridlock when people don’t want to compromise especially when there is a divided government 4. Policies are very deliberate and involve a lot of peoples ideas 5. Decentralized government which allows more people to influence government in state and national government 6. Prevents tyranny of majority Outline of Original Constitution (Foundational Document Constitution) Preamble: No Bill of Rights We the people establish this”, Popular Sovereignty Article 1: vests legislative power in the Senate and the House of Representatives describes the organization of Congress and its powers, known as enumerated or delegated powers(2 years house new elections by the people) (3 qualifications to be a member of the house: 25 old, seven years citizen, inhabitant of the state) Congress can make laws needed to carry out its enumerated powers Also lists the powers denied to Congress and the states. Senator Qualifications: at least 30 years of age, 9 years of a citizen, resident of a state Equal amount of senators for each state Terms are 6 years no term limits

Section 8 sets up federalism: state4s have supreme authority over the stuff nope given to the national government Expressed powers(enumerated): these are powers specifically given to the national government by name Taxes, borrow $, regulate commerce between states and other countries, naturalization, $, war, military, and implied() Implied powers: powers given to congress not stated by name Necessary and proper for executing the expressed powers https://home.ubalt.edu/shapiro/rights_course/Chapter1text.htm Section 9 Protects individual rights Can’t suspend the right to a Habeas Corpus (right to know your charges) People detained have the right to their charges Bills of Attainder: legislature can’t declare someone guilty without trial Ex post facto laws: laws punishing people for acts that were not crimes at the time they were committed Individual freedoms are mostly protected in the Bill f Rights not in the Articles of the Constitution Bill of Rights came as amendments No bill of rights was a main reason for anti federalists Article 2: sets up the executive branch Section 1: One president who supervises the federal beuracracy ( an umbrella term for all of the executive branch agencies who execute laws) 4 year terms elected by the electoral college Number of electors = whole number of senators and reps Natural born citizen, 35 years, 14 years resident

Section 2 and 3: Presidential powers Expressed Powers: chief of the military(tell where troops go), make treaties with the check of the senate to ratify, POTUS can appoint key positions (all federal judges with the consent of the senate), grant reprieves and pardons Article 3: The Judicial Branch Congress can create laws below the Supreme Court Section 1: There is no judicial review explicitly: you need a case to exercise this Court ruled that the Supreme Court has this power as it was implied in article 1 Marbury vs Madison case Courts hold their office lifetime for good behavior Judicial independence Article 4: Interstate relationships The legal obligations to each other Article 5: Talks about how to amend the constitution

Article 6: Supremacy clause (the constitution is supreme to everything with all constitutional federal laws) If federal law goes against the constitution then the law is not supreme

Article 7: How do we ratify this convention Nine states ratifying conventions need to vote yes Do we want this constitution? Federalists and antifederalists those who want and those who don’t The Ratification Debate Federalists vs Antifederalists Yes: Federalists Usually wealthy No: AntiFederalists No bill of rights so gov can take it away Usually more commoners Federalist Papers: 85 seperate essays puublished in New York Try to explain wehy New York should vote yes on the constitution, all authored by publius (madison & Hamilton & John Jay) Brutus #1 Antifederalist paper Foundational Document #4: Federalist #10 The Union that the constitution creates as a safeguard against Domestic Faction (interest Groups) Faction: # of citizens that are united by a common interest that is adverse to the interests of the community Federalist #10 addresses how the constitution addresses the problem of factions Need to remove the causes of factions or fix the effects Causes: liberty and different ideas But these are a reality of humans so we cant really remove factions but we can deal with the negative effects of factions

Effects: minority can be fixed through republicanism & majority who vote for a thing that may harm society as a whole Tyranny of the majority will be solved with this new constitution using a republic rather than a direct democracy the minority will still have a voucher Representatives will be able to act as a buffer The love of justice and the representatives will be able to filter the majorities ideas so that everyone can be considered One large republic will allow multiple diverse groups to protect each group of peoples rights rather than having one small republic where a group can dominate and become too powerful Pluralist form of democracy Foundational Document #5: Federalist # 51 Agrees that humans are terrible but disagrees with ani federalists that the constitution will be able to handle it The abuses of the governments will be controlled with checks and balances - “If angels were to govern men, neither external or internal controls on government would be necessary” Constitutional Safeguards: best security against concentration of power in any one branch Checks and balances

Brutus #1 Robert Yates? But we don’t really know who created it Antifederalist Paper Feels that a decentralized government will be better Each state legislature is like its own republic Also feels like people will be able to have a greater say in government (participatory democracy) If government was centralized participation of public will be much less State legislatures will have no power and the national government will use their immense power against peoples natural rights Once you give up power you are likely never going to get It back, history is proof of that Says that the new constitution will crate a large republic thats representation won’t be good for the public Says that clauses of the constitution are too broad that will give the feds a too big amount of proper The necessary and proper clause and the supremacy clause will destroy state’s power When you give the power to tax really high to the national gov the state cant tax so the state cant fund and cant exercise their powers What will stop the national government from being corrupt power to create an army to the national government could be used to destroy freedom Supreme Court (judicial branch) is a threat because it could override state judicial branches Does not like the US moving away from being a confederacy

Bill of Rights List of specific civil liberties that the government can’t take away Federalists did not believe the Constitution needed it but the anti federalists really pushed for it Anti federalists said that the Bill would give citizens a better understanding of their protections Anti federalists said that the Bill would make sure that the government doesn’t take individual rights over a long period of time Federalist said that it was redundant to have a bill of rights since there were all ready scattered righty’s in the Constitution Federalists also sailed that if you make the bill so specific the government could restrict any rights that are not specified in it After the debate the federalists said that they will add a bill of rights after the constitution is amended They got 9 votes but New York and Virginia ratified after The ratification of the first 10 amendments happened two years later which were the bill of rights

Federalism Constitutional division of powers How the gov divide the constitutional power between the two levels of government(state and national) Each level is given power and is protected by the constitution Unitary-national gov has power which it then gives to the states Confederal-gives constitutional powers tío the states which then gives power to the national gov Federal-both levels are given a chosen amount of constitutional power Not equal power Powers of the national government Mainly in article 1 section 8, also in amendments Congress powers: enumerated, implied, and exclusive powers Expressed/enumerated powers; exclusive powers Powers directly stated and given by name lots in article 1 section 8 Not all expressed powers are exclusive Implied powers Necessary and proper clause: powers that are not stated by name but are given to the national government under the authority of the necessary and proper clause Denied powers Powers specifically stated that cannot be done to protect indovidual rights Most of the bill of Rights are denials of powers Powers of the States(Reserve powers) Manner of elections: time place and manner No full list of powers of states Just if they are not given to the national gov it is a reserve powe

Reserve powers: powers given to states that is not given to the national government 10 th amendment of the constitution: powers not given o the national gov are reserved to the states unless specifically denied to the states

Concurrent powers and preemption Concurrent powers: powers that both levels of government can do Preemption is the legal doctrine that says in an area of concurrent powers federal overrides conflicting state law Supremacy Interstate Relations Article 4: Sec 1-full faith and credit shall be given to the public arts , records, and judicial proceedings of every other state Records valid in all states Sec 2: privileges and immunities of citizens Out of state peeps cant be discriminated Interstate compact: legal document between states on how to handle an issue Regional and local power-not sovereign State gov create local gov The Debate over Federalism What’s there to debate over? Reality: federalism has called all sorts of problems Where does federal power end and state power start Inverse relationship: fed power broader = less power for the state Stricter = state Broader = federal How do you interpret the amount of power

Beginnings (1789-1865) Nationalist view: wanted to interpret fed broadly so the nat gov can play a bigger role (Alexander Hamilton, John Adams, Washington) Became the Federalist Party After ratification are fighting how to interpret it Jefferson, Madison disagreed and wanted state rights by limiting federal power (democratic/Republican Party) Said that the necessary clause is only for absolutely essential Hamilton that creating a bank would be under the constitution for the necessary and proper clause because it is USEFUL so broad Bank was created as they felt it was necessary Maryland didn’t want a branch of the national branch of the bank in their state nor did some other states Maryland put a tax on to them so that they might leave Mucullah vs Maryland: Mucullah- cashier who didn’t want to pay the tax because it was the national gov institution and it is above state law Supreme Court Chief Justice:John Marshal who is a loose interpreter of the constitution Can they establish a bank can Maryland put a tax on to the bank(unconstitutional) Said that they are allowed to establish a bank as an implied power as the constitution does not prevent it As long as the purpose is to carry out the expressed power Said that they cant tax because it is unconstitutional as it breaks the supremacy clause All constitutional laws are above state laws This decision increased the power of the fed and the national government as it was looser interpretation and established the supremacy of the national government Two effects of this Supreme Court case

Does x violate y and what’s the reasoning X = gov action y = part of constitution

Section 3.3: Gibbopns v Ogden: two men licenses on river one federal and one state - said that the federal license was constitutional so supremacy clause the state license interfered with the national gov commerce clause so it overrides the new york state license Strengthened the power of the national government and strengthene the power of the nat commerce clause The Civil War Amendments - More restrictions on state power 13th Amendment: Slavery is banned and the southern states had to ratify it for their power in congress 14th amendment: Rights of slaves Due process clause: cant deprive of life liberty and property without going through he process States cant deny equal protection of the law in their borders 15th amendment: Can’t deny the right to vote on the basis of race Shortly after there were cases about violation of th...