+ Unit 1: Introduction to the Constitution and the Government

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Unit 1: Introduction to the Constitution and the Government

+Government in General- What is government?

Government: An institution through which society makes and enforces public policies.

Public Policy? all the things that government decides to do Power? Government must have some power in order to

make and enforce public policies Legislative power: make laws and frames public

policies Executive power: execute, enforce and administer laws Judicial power: interpret laws, determine the meaning

of laws and settle disputes that arise because of laws Constitution: written document that outlines the

principles, structures and processes of government.


Responsibility to exercise powers above (and listed usually by a constitution) may be held by one person, a group of people, or all people. Dictatorship: government where responsibility to make

and exercise powers rests in one person Oligarchy: rests in a group of people Democracy: rests in all people that government covers

US is a Republican Democracy (we will discuss later)


Do we need a government? “Why has government been instituted at all? Because

the passions of me will not conform to the dictates of reason and justice, without constraint” Alexander Hamilton (1787)

“What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary.” James Madison (1788)


Is government and politics the same thing? Government is an organized structure that makes laws Politics is the process and decision making on how

government should make laws They are intertwined but are 2 different things

+Government in General- What is a State?

State: body of people, living in a defined territory, organized politically (which is a government), and with power to make and enforce law without the consent of any higher authority.

Also called “nation” or “country” Nation: ethnic term Country: geographic term State: legal term

Population: people who live in the state Territory: actual land with recognized boundaries Sovereignty: supreme, absolute power within its own territory

and can decide its own foreign and domestic policies (no other state can tell them otherwise)

Government: discussed above

+Government in General- Where do States and Governments come from?

Force Theory: someone said “this is mine”, you live here and listen to me, and here is what I am going to do transition from hunter gatherer to farming

Evolutionary Theory: developed from families creating “government” and that transferring out tribes to farms

Divine Right Theory: God created the state and God chose a royal line 15th to 18th century Western world good example

Social Contract Theory: state rises out of the voluntary free act of people. The state exists to serve the needs of the people and the state gets its power from the people Locke and Rousseau (Enlightenment)

+Governments in General-Purpose of our Government?

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

Preamble to the Constitution


We the People: enough said here Form a more perfect union: a Constitution equal strength and linking

people together on common ideals of what a government should do out of a social contract with its people

Establish justice: hard to define law and administration of laws, must be reasonable, fair and impartial

Insure domestic tranquility: keeping peace and order at home so people can live within a state without constant fear of death or loss

Provide for the common defense: defending the nation against foreign enemies to again protect its people from constant fear of death or loss

Promote the general welfare: the concern of the government for the health, peace, morality, and safety of its citizens. Policies should reflect such concerns

Secure the blessings of liberty: the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. This not absolute liberty, but relative liberties that need to be defined for the general welfare of all.


Our Constitution sets up the following: Defines our form of government structure Frames the purpose of our government Gives powers and responsibilities to various institutions

to: Make laws and frame public policy Execute, enforce and administer laws Interpret laws, determine the meaning of laws and

settle disputes that arise because of laws And discusses how the people are part of the process

+Government in General- Democracy

Worth of the individual

Equality of all persons

Majority rule, minority rights

Necessity of compromise

Individual freedom

+Origins of our Government- We were British colonists

We came over and established these 3 basic concepts from England

Ordered Government: Establish government Limited Government: Establish restrictions on what the

government can and can not do (Constitution) Magna Charta (1215) Petition of Right (1628) English Bill of Rights (1688)

Representative Government: People are involved in the process of determining direction of the government (see above docs)

+Origins of our Government- We were British colonists

Different colonies different interpretation of 3 basic concepts Royal direct control by Britain (8 of 13)

Governor (king selects) Council (king selects) upper house of legislature and judicial Legislature elected by property owners Laws and appeals approved by 1 and King

Proprietary direct control by land owner granted by King (3 of 13) Proprietor (king selects) and owns land Governor (selected by Proprietor) Council (selected by Proprietor) upper house of legislature and judicial Legislature elected by property owners Laws and appeals approved by 1 and King

Charter land given to a group of colonists (2 of 13) Governor (elected by property owners, King approval) Legislature (elected by property owners) Judicial (selected by legislature) Laws not subject to 1 or King, but appeals were

+Origins of our Government- Demands for Independence

Historical struggle between people and King, legislature and monarchy, self government and absolute rule

Taxes were the final straw Stamp Act (1765): required use of tax stamps on all legal documents on certain

business agreements and on newspapers pushed on colonists without any representation in British parliament on conversation

Boycotts and protests emerged Boston Massacre (1770) and Boston Tea Party (1773)

Intolerable Acts (1774) prompts colonists to meet in mass to discuss situation 1st Continental Congress (Sept. 1774)

Declaration of Rights sent to King George III and colonists refuse trade, etc. until demands met

2nd Continental Congress (May 1775) Lexington and Concord (April 1775) shots heard round the world All 13 colonies representedlegislative? Technically US 1st’s national government from 1776-1781but no Constitution

John Hancock (president of Congress) George Washington (commander in chief of continental army)

+Origins of our Government- Demands for Independence

Declaration of Independence- July 4, 1776

States start creating individual constitutions to organize their newly formed governments

Basic Principles (we will explore looking at State and US constitutions) Popular sovereignty Limited government Civil rights and liberties Separation of powers Checks and balances

+Origins of our Government- The Articles of Confederation

(1781-1789) our 1st US Constitution November 1777 ratification (formal approval) required all

13 states (1781) Constitution: written document that outlines the

principles, structures and processes of government Principles: “a firm league of friendship” among States.

Each state would be sovereign, free and independent with the exception of anything written for the US within the document. States should come together for common defense, security of liberties and mutual/general welfare.

+Origins of our Government- The Articles of Confederation Government structure and processes:

Legislative power: Unicameral (one branch) Congress Representation: delegates chosen by the States in whatever way they

chose. Each State had one vote regardless of population/geographic size Power: war and peace; send and receive ambassadors; borrow money; set

up a money system; establish post offices; build a navy; raise an army by asking States for troops; uniform standard of weights/measures; settle disputes among States

Executive power: Each year, one person from Congress would be chosen as president Presiding officer of Congress Officers of the bureaucracy would be appointed by Congress to enforce

laws Judicial power:

No judicial power established


Weaknesses: One vote for each State, regardless of size Congress powerless to lay and collect taxes or duties Congress powerless to regulate foreign or interstate

commerce No executive to enforce acts of Congress No national court system Amendment only with consent of all States A 9/13 majority required to pass laws Articles only a “firm league of friendship


1781-1787: Critical Period War ends and States start bickering over power,

responsibilities, commerce, etc. US government was not given the power or ability to

provide unity Shays Rebellion (1786): protests over economic

conditions led to riots and the State of Massachusetts was unable to get real assistance from the central government due to lack of money, support and power that the central government had.

+Origins of our Government- Creating the Constitution

May 1787, 12 of 13 States sent 55 delegates to Philadelphia to address the weaknesses and concerns over the Articles of Confederation and the ineffectiveness of the newly created United States of America These 55 individuals are known as the Framers

The lessons of experience State constitutions

Pennsylvania: too strong, too democratic Massachusetts: too weak, less democratic

Shays's Rebellion led to the fear the states were about to collapse


The Framers Who came: men of practical affairs Intent to write an entirely new constitution Lockean influence: natural rights, equality Doubts that popular consent/sovereignty could guarantee

liberty Results: “a delicate problem:” need strong

government for order but one that would not threaten liberty


The Great Compromise The Virginia Plan (big states)

Two key features of the plana. National legislature with supreme powersb. One house elected directly by the people

The New Jersey Plan (small states) Two key features of the plan

Proposed one vote per state Protected small states' interests


The Connecticut Compromise or the Great Compromise House of Representatives based on population Senate of two members per state Reconciled interests of big and small states

Three-fifths Compromise: all “free persons” should be counted for population and “3/5ths of all other persons”. Used for representation and tax formulas

Commerce and Slave Trade Compromise: Congress forbidden the power to tax export of goods from any State and forbidden to act on slave trade for a period of 20 years.

+Origins of our Government- Ratifying the Constitution The Constitution could not go into effect until 9 of 13 states ratified

(formally agreed). A battle started between those who supported and those who opposed the Constitution, lasting from 1787-1788 (the last State to ratify was in 1790!)

Federalists: those who favored ratification and supported the newly created Constitution Stressed the weaknesses of the Articles of Confederation Feel that a stronger, more centralized national government would be

able to address more of the weaknesses and make the Republic stronger

Anti-Federalists: those not in support of ratification (attacked pretty much every part of the new document) Greatly increased powers of the central government created concerns

over sovereignty and power of States Lack of a bill of rights.

+Origins of our Government- Ratifying the Constitution

The Ratification by New York leads to the Federalist papers debate Federalist Papers: 85 essays written by John Jay,

Alexander Hamilton and James Madison discussing why we need to ratify the proposed Constitution

Anti-Federalist Papers: collection of about 85 essays written by various individuals discussing why we need to abandon or change some of the proposals of the Constitution

+The Constitution of the United States-The Constitution Constitution: written document that outlines the principles, structures and

processes of government Shortabout 7,000 words Preamble: introduction to the Constitution and outlines the principles of our government Articles: structures and processes of our government

Articles I-III deal with the 3 branches of the National Government. Outline the basic organization, powers of each branch and the methods by which the members of these 3 branches are chosen Congress President Judiciary

Article IV deals with the place of States in the American union and their relationship with the National Government and each other.

Article V explains how formal amendments may be added to the Constitution Article VI declares that the Constitution is the nation’s supreme law.

This is known as the Supremacy Clause Article VII states the requirements for ratification of the Constitution

The 7 articles are then followed by the 27 amendments that we have formally added to the Constitution through the Article V process

+The Constitution of the United States-The 6 basic principles

The Preamble to the Constitution declares in its opening words the principles that we are going to establish with our Constitution. Look back to Government in General, Part IV.

Popular Sovereignty: “We the people”

Limited government: “We the people”, Social contract theory

Separation of powers: “form a more perfect union”, “establish justice”, and limit the government

Checks and balances: “form a more perfect union”, “establish justice”, and limit the government

+The Constitution of the United States-The 6 basic principles

Judicial Review: all of the preamble Judicial review: the power of the courts to determine

whether what the government does is in accordance with the Constitution

Unconstitutional: to declare illegal, null and void, or no force or effect a government action found to violate some provision of the Constitution

Marbury v Madison (1803): US Supreme Court established judicial review as implied by their enumerated powers in the Constitution

Federalism: “form a more perfect union”

+The Constitution of the United States-Article V the formal amendment process The purpose of this article is to allow the Constitution to

change based on changes in our society. The framers knew that we couldn’t have a stagnant document

to govern us; but one that can be amended (or changed) based on the concerns and needs of its people (who have the power).

There are 4 formal methods to change the Constitution all 4 methods show elements of the following: Popular sovereignty: expression of people’s sovereign will Federalism: National and State Limited government: process takes a while limiting major

changes happening quickly and without the expressed will of the people

+The Constitution of the United States-Article V the formal amendment process

All 4 formal methods require a super majority (more than 67%) of all parties voting for something, to make the changes.

All 4 formal methods require a group to propose (ask the question) and a group to ratify (approve) an amendment.

+The Constitution of the United States-Article V the formal amendment process

What can and has been proposed? Only one restriction: you can not propose an amendment

that deprives equal suffrage in the Senate there must be 2 senators per state

10,000 joint resolutions from Congress have been proposed to amend the Constitution 33 have been sent to the States 27 have been ratified (our 27 amendments)

Congress has set a 7-year deadline for ratification if not ratified in 7 years, then it needs to start over.

+Federalism-Why do we have federalism as a major principle in the US Constitution and government structure? Balancing a central government that would be strong enough to meet

demands of the nation yet preserve the strength and individuality of existing and new States.

Fear of England government structure yet Articles of Confederation didn’t work

Federalism would do the following: Provide multiple opportunities for popular sovereignty Limit our national and state and local governments Provide separate powers and responsibilities based on needs of States and

National Create a checks and balances based on the Supremacy Clause, 10th

amendment And ensure the government is restrained to protect our liberties

+Federalism: system of government where division of power among a central government and several regional governments

Territorially focused Each have a substantial set of powers based on popular

sovereignty and Constitutions Neither level, acting alone, can change basic divisions of

power creating some limitations Operates through its own agencies and acts through its own

laws and officials

+Federalism- National Government and Federalism

Powers of the National Government delegated powers National government only has the powers delegated (granted) to it

in the Constitution Expressed powers literally written out as delegated to the

National government Also called enumerated powers

Implied powers that are not written out as delegated but are reasonably suggested by the expressed powers in the Constitution, so they are powers Necessary and proper clause (elastic clause) is an example

Inherent powers that belong to the National Government because it is a government of a sovereign state within the world community Power to regulate immigration because National Government is

sovereign over territory and who is allowed in it.

+Federalism- National Government and Federalism

Powers denied the National Government Constitution also denies certain powers to the National

Government Expressed Article I, section 9, Amendments 1-8 Not mentioned= reserved to the states (10th amendment)

+Federalism- State governments and federalism Powers of the State Governments

Reserved powers of the 10th amendment states that any power not expressly written for the National Government is reserved to the State. Which is a lot of stuff.

Most of what government does in our country today is done by States (and local governments)

Powers denied the State Governments Expressed Article I section 9, Amendments 13-15, 19, 24 and 26 State Constitutions create limits on the State government as well

Local Governments and Federalism Granted by States within their Constitutions and part of the State

delegating out certain activities best handled by local communities. We will discuss more later

+Federalism-concurrent powers

Concurrent Powers: powers that both the National and State Governments possess Exercised separately and simultaneously Not denied to States or exclusively granted

to the National Government

+Federalism-Supreme Law of the Land

Article VI (Supremacy Clause): the Constitution of the United States is the supreme law of the land and holds together the complex structure of the United States.

Principles of the Constitution and the Supreme Court Supreme Court officiates in situations of conflict between

the National and State and Local Governments. Supremacy wins out many times.

McCulloch v. Maryland (1819): Congress created the 2nd Bank of the United States and the Maryland State legislature (trying to cripple) started taxing the bank Supremacy clause (State can not stop the ability of the National Government operating in a constitutionally expressed manner of being able to create a bank)

+Federalism- the relationship of the National government and the 50 states In this country, power to govern is shared. Conflicts

arise and cooperation is necessary

Nation’s obligation to States Requiring Republican (representative) forms of government

be established and followed by all States within the United States

Protect states from invasion and internal disorder Respect their territorial integrity

+Federalism- the relationship of the National government and the 50 states Admitting new States?

Congress has the power to do so Article IV Group must have a territory (not controlled by another

State) Create a Constitution Voters approve send to Congress Congress approves

State

+Federalism-the relationship of the National government and the 50 states Cooperative Federalism: besides the 2 separate

spheres of government operating, there are large and growing areas of cooperation

Federal grants in aid Categorical grants Block grants Project grants

Revenue sharing

Documents

+ Unit 1: Introduction to the Constitution and the Government