Constitutional Foundations and Federalism (Last-Minute Review)
Foundational Concepts
- Purpose: understand how the framers built the Constitution and the role of checks and balances across branches.
- Core ideas: social contract, limited government, separation of powers, checks and balances.
- Influencers: John Locke (limited monarchy, government by consent), Montesquieu (separation of powers).
- Declaration of Independence (not a governing document): asserts universal rights (life, liberty, pursuit of happiness) and sets the ideological foundation, not the structure of government.
Public Funding and the PoweR of the Purse (context)
- NPR and other public media are partly publicly funded; government funding decisions illustrate checks on spending and the executive/legislature dynamics.
- Congress controls appropriations; debate over use of funds and influence over media accountability.
From Crown to Independence: Colonial Grievances and the Move Toward Independence
- Early colonies push westward for land and economic opportunity; conflict with Indigenous populations and European powers.
- British responses intensify: Proclamation of 1763; Sugar Act, Stamp Act, Tea Act; Intolerable Acts.
- First Continental Congress (1774) as diplomacy and grievances forum; call for repeal of intolerable acts; move toward unity.
The Declaration of Independence
- Declares independence from Britain; outlines core rights and the idea that government derives legitimacy from the people (consent of the governed).
- Key phrase: all men are created equal with unalienable rights (life, liberty, pursuit of happiness).
- Not a governing document; it articulates principles that will shape the future government.
Articles of Confederation: Strengths and Shortcomings
- Weak central government: no power to tax, no national standing army, no national currency, no effective way to regulate commerce.
- Congress could declare war and conduct diplomacy but lacked enforcement powers; states retained most sovereignty.
- Amendments required unanimous agreement, making changes practically impossible.
- Result: a fragmented nation with limited ability to respond to internal and external challenges.
Crisis and Change: Shays’ Rebellion and the Call for a New Framework
- Economic distress and debt left many farmers and soldiers vulnerable under the Articles.
- Rebellion highlighted the need for a stronger national government to maintain order and provide security.
Constitutional Convention: Compromise to Create a Functional Nation
- Not all invited delegates attended; Rhode Island did not participate.
- Core compromises addressed representation and power distribution to create a workable framework.
The Great Compromise (Connecticut Compromise)
- Virginia Plan vs New Jersey Plan:
- Virginia Plan: representation by population favored larger states.
- New Jersey Plan: equal representation favored smaller states.
- Connecticut Compromise created a bicameral Congress: Senate with equal representation (2 per state) and House with representation by population.
- Result: a deliberative legislature that could accommodate both large and small states and enable compromise.
Structure, Powers, and Purpose of Congress
- Bicameral Congress: Senate (equal representation) and House (proportional representation).
- Core functions: make laws and control the budget; serve as a check on the executive while allowing deliberate decision-making.
The Presidency and Checks on Power
- Framers aimed to prevent tyranny by distributing power and requiring cooperation between branches.
- Over time, the balance has evolved, with debates about how much power to vest in the executive while maintaining accountability.
Civil Liberties and the Path Forward
- Core question: how to protect individual rights while enabling effective national governance.
- The Constitution and later amendments establish limits on government power to safeguard civil liberties.
National Identity vs. State Identity
- The shift from state-centered governance to a unified American identity was essential for a functioning nation.
- Without a common national identity, coordination and collective action would be difficult.
Quick Reference: Key Terms
- Federalism, separation of powers, checks and balances, bicameral legislature, Great Compromise (Connecticut Compromise), enumerated vs implied powers, popular sovereignty, central executive.