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.