the founding fathers and a “more perfect union” the building of the american constitution
TRANSCRIPT
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The Founding Fathers and a
“More Perfect Union”
The Building of the American Constitution
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The First Governmentof the United Stateswas Fatally Flawed
Congress couldn’t levy taxes Congress couldn’t regulate commerce There was no National Judiciary Each state had just one vote despite population National government couldn’t act against a state The national government was bankrupt
following war States became embroiled in trade wars
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Solution? FEDERALISM
Compromise (“The Great”) allowed all states to share sovereignty with the national government
The national government took supremacy over many matters including commerce, defense, civil liberties, etc.
State governments took supremacy over issues of great local importance including education, etc.
Federalism in America is a combination of confederal (unitary) and federal theories.
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The Three Compromises in Philadelphia
All rooted in the idea of “Equality” Madison and the “Tyranny of the
Majority”
– Equality of the States– Slavery– Political equality [right to vote]
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EQUALITY OF THE STATES
PROBLEM– SHOULD STATES BE REPRESENTED EQUALLY
OR IN PROPORTION TO THEIR POPULATION?
SOLUTION– CONNECTICUT COMPROMISE: STATES HAVE
EQUAL REPRESENTATION IN THE SENATE AND PROPORTIONAL REPRESENTATION IN THE HOUSES
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SLAVERY
PROBLEM– WHAT SHOULD BE “DONE” WITH SLAVERY
SOLUTION– STATES AGREED TO ALLOW CONGRESS TO
STOP IMPORTATION OF SLAVES AFTER 1808-NO ISSUES OR OTHER PROBLEMS ADDRESSED
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POLTICAL EQUALITY
PROBLEM SHOULD THE RIGHT TO VOTE BE BASED ON
UNIVERSAL MANHOOD SUFFRAGE OR SHOULD IT BE RESTRICTED [education, property, wealth, etc]
SOLUTION– LET THE STATES DECIDE QUALIFICATIONS
FOR VOTING
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Federalism – The American Version
Division of power between national, state, and municipal governments
Compromise between dictatorial national government and independence of the states
Historically, the national government has continued to gain power:– Expressed Powers: “enumerated” in the Constitution– Implied Powers: “suggested” in the Constitution– Inherent Powers: certain powers which all
independent nations have; i.e. foreign policy matters
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This Uniquely American System is embodied by the Constitution of 1789 –
at the time a very controversial document Supporters were called
Federalists– James Madison– Alexander Hamilton– John Jay
Emphasized importance of a strong central government (unitary) to improve on the problems of “the Articles”
Published “Federalist Papers” in New York
Opponents were known as Anti-Federalists– Patrick Henry– John Hancock– Samuel Adams
Opposed surrendering state powers to the central government
Concerned about the return of a strong Executive (King George paranoia)
Argued for a Bill of Rights to counteract the strong national gov’t.
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Basic Principles of the Constitution
1. Representative Government2. Federalism3. Separation of Powers4. Checks and Balances5. Rule of Law6. Popular Sovereignty
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Representative GovernmentPopular Sovereignty
Selection of representatives in “free” and scheduled elections
Governance by the “consent of the governed”
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Why is the National Government getting stronger?
Many problems are of a national nature States need the national government for $$ Unequal distribution of wealth among and within states Inability or unwillingness of states to deal with certain
problems “Statements of power” to the national government from
the Constitution:– General Welfare clause– Commerce Power– Defense of the Nation– Necessary and Proper clause – elastic clause
Courts have slowly and methodically taken away states constitutional rights
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Duties of the National Government
Guarantee territorial integrity of the states Guarantee a republican form of government Protect each state from invasion Protect against domestic violence within states
– 1894 Pullman Strike– 1957 Little Rock Crisis– 1962 University of Mississippi– 1963 University of Alabama– 1992 L.A. Riots
Assist with natural disasters Congress chooses to admit new states
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Powers DENIED to the States
No coining or printing of money No tariffs No troops in peacetime No signing of treaties with other nations without
Congressional consent No slavery (13th Am.) No depriving of life, liberty, property without due process
(14th Am.) No denial of vote on basis of race (15th Am.) No denial of vote on basis of gender (19th Am.) No power to destroy the federal system (Civil War?)
– No “NULLIFICATION”
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Powers and Responsibilities of the States
NO ENUMERATED POWERS IN THE CONSTITUTION (10th Am – “powers not given to national government are reserved to the states”)
Education Marriage Voting Property Laws Public Safety Laws Welfare Establishment of local governments State taxes
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Concurrent PowersPowers shared by National and State Governments
Powers not denied to the states or given to the national government
Collecting Taxes Making and enforcing laws Borrowing and spending $$ Regulating Commerce *Education *Welfare *Highway Construction *Urban Renewal
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Hope all is goodHope all is good
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Separation of Powers
Insures against any one branch from gaining too much power
Different constituencies for different branches of government
Different terms of office for different branches of government
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Checks and Balances Executive (Presidency)
– Checks on Congress• Propose legislation• Veto legislation
– Checks on Judiciary• Appoints federal judges• Enforces court decisions (or not!)
Legislative (Congress)– Checks on Executive
• Override veto• Impeachment• Ratify treaties / justices / budget
– Checks on Judiciary• Impeachment / Confirmation• Amendments
Judiciary (Federal Courts)– Check on Executive
• Review of Presidential Actions / Behaviour– Check on Legislature
• Judicial Review
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THE LIVING CONSTITUTION
A Document to create
“A Government for the Ages”
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The Constitution 200 years later!
The Framers created a document that has evolved over time, allowing it to adapt to societal changes.
1. Elastic Clause
2. Amendments
3. Informal Methods
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The Elastic ClauseArticle I, Sec. 8, Line 18
“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department thereof.”
Constitution evolves as National Government sees more opportunities to make “necessary and proper” laws.
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Amendment Process
Only FORMAL way to “change” the constitution.
Requires a two-thirds (2/3) vote of the entire Congress
Three-quarters (3/4) of state-wide legislatures must ratify
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THE OTHER “FORMAL WAY”
2/3 OF CONGRESS
CONSTITUTIONAL
CONVENTION
[called by Congress after 2/3 of the states
have requested it.]
¾ OF STATES RATIFY
CONSTITUTIONAL
CONVENTION
[¾ of states ratify it]
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Informal Ways to Amend/”Change” The
Constitution Actions of Congress
– Passage of laws, i.e. creation of Federal court system, agencies, commissions
Actions of the Executive– Foreign policy, commander in chief power
Actions of the Courts– JUDICIAL REVIEW
Actions of Political Parties– Party Arrangement and Division in Congress
Unwritten Traditions– Precedent of two-term presidency– Creation of “The Cabinet”– Congressional Committee System
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The United States Constitution of 1789
Structure
BRIEF VERSION!
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Article I – Legislative– Bicameral House– Power to make laws, taxes, etc.– ELASTIC CLAUSE (sec. 8, line 18)
Article II – Executive– Law Enforcer, Commander-in-Chief, etc.
Article III – Judiciary– Supreme Court and Lower Federal Courts
Article IV – Miscellaneous Guarantees– Guarantee of republican form of government
Article V – Amendments
Article VI - Recognition of “Supreme Law”
Article VII - Ratification
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THE END!