Articles of Confederation

First gov system of US (1776-1789): Placed power in hands of state govs. Required 9 out of the 13 states to vote to approve any measure and a unanimous vote to amend the articles themselves

• Each state only had one vote in congress __so__citizens of small states had a lot more political power than those in larger states
  

• First governing system for the US

• Loosley linked the states

• Fed gov had no power to tax or implement individual states

• The power delegated from people

• Power granted to state governments

• Limited Powers for the federal government

• Created infighting between gov and everyday people

• Shay’s Rebellion: Uprising of Rev War veterans who were not paid for their military service as they were promised. Fed gov could not collect enough money from taxation. Led by veteran Daniel Shays. The fed gov could not raise money to pay the veterans or to create an army to control the rebellion.

  • Fed gov could not tax citizens directly, and could only request money from states so the states rarely donated funds and the gov could not pay its debts or fund projects

  • Federal gov could not regulate international or interstate trade so individual states could make their own trade agreements with foreign nations

  • The federal gov could not raise an army, only request soldiers from the states so states could refuse to send soldiers, not allowing the fed army to create an effective military

  • No judicial branch, so no effective way to resolve disputes between states, like competing claims for the same territory

  • Passing laws required the approval of nine out of the thirteen states and amending the articles required all thirteen so it was difficult to make laws and fix the article

    
    Confederation Congress met__May-Sept. 1787__ to create a new Constitution

    • James Madison, Thomas Jefferson, George Washington

  Challenges: create a stronger federal gov so it can get things done (taxes, military) but not so strong it becomes tyrannical like Great Britain’s govt

  New constitution published in newspapers

  Federalists and Anti-Federalists began writing essays to support their ideas about the Constitution & challenge the other side

  
  

Federalists vs Anti-Federalists

• Federalists: James Madison and others supported the new constitution

  • A strong national govt, can protect the rights of all citizens

  • New Constitution protected against powerful factions that could dominate govt

  • Federalist Papers, a set of 85 essays

    • In Federalist No. 10, James Madison advocates for a Republic model of government. He points out that this form of government will lead to fewer factions that impose on people’s rights. He believes that more political parties will ensure there is no majority that silences the minority and that local governments will more accurately represent the needs of citizens.

    • Faction = A group of people united by specific ideology

  • Federalist No.10 (James Madison, 1787)

    • One of 85 essays from the Federalist Papers

    • Argues in favor of the new constitution that created a democratic republic

    • Democratic republic: citizens elect a leader for a limited period of time; leaders make and execute laws in the public interest representing the citizen’s needs and desires

    • Federalists worried that violent factions could damage democratic principles; Madison argued that a republic was the best way to control bad factions

    • By electing representatives, factions lose some of their power

    • The senate + house of reps = congress

    • ^ These are our representatives in our current gov ^

    • Having  a large number of citizens voting in a republic helps eliminate the possibility of electing unworthy representatives/politicians (pp. 7-8)

    • Just right # of representatives means politicians know the concerns of their people and can see the big picture

    • More people voting means its less likely for a bad faction to take over and take away the rights of others

  • Madison believed If there were more people voting, leaders who represent the interests of all will be elected

  • Too many voters could lead to a disconnect between the electors and the elected. Madison proposes local and state governments so that the people are able to elect leaders who understand their problems and will accurately represent their beliefs.

  • A republic model of gov will prevent factions because there are more political parties, and people are spread out throughout the ideations. There isn’t a majority who will discriminate against the minority.

Anti-Federalists: Patrick Henry and others against the constitution  * Wanted something closer to AoC, states w/ more power * Feared the “single executive” would become too powerful, like a king  * Needed bill of rights to protect rights of states & citizens  * Wanted as many people as possible to have a voice in govt. To keep elites from having too much power * Series of essays written under false names like “Brutus”  * Intro to Brutus No.1 * Written by ANTI-FEDERALISTS in response to federalists’ papers  * Written under pseudonyms  * What is the proper role of the gov? * How large and how powerful should the central gov be

As American leaders realized the Articles of Confederation were ineffective for running a large country, federalists and anti-federalists proposed different forms constructing the US. Federalists favored a strong central government that had power over the states. Anti-federalists preferred to keep the AoC due to the freedom it gave the states. As the debates between the two groups continued, the government became more divisive.

Compromises

As a result of the ⅗ compromise, the number of representatives in the House of Representatives from slaveholding states increased.

Great compromise of 1787 proposed a Senate with equal representation for each state and a House of Representatives with membership established according to the population of each state.

Big Six Ideas of the Constitution

• Federalism: A system of government in which the same territory is controlled by two levels of government (in the US, the two levels are the Federal government and state governments)

• Checks and Balances: Aspects of the Constitution that require each branch of the federal government to have the consent of the other two in order to act.

• Republicanism: The principle of governing through elected representatives

• Limited Government: A government where the law controls the government, there are checks and balances, and separation of powers

• Separation of Powers: Aspects of the Constitution that give different elements of power to different branches of the government, which act independently. This keeps one branch of government from controlling the others.

• Popular Sovereignty: The doctrine that government gains its authority from, and is subject to the will of the people; the government is authorized by citizens and influenced by what they want.

Branches of Government

Executive

• enforces the law through federal agencies, carries out Congress’ policies

• President and Vice President,

• Cabinet (advisors for President),

  • A group of 20 advisers who provide the President with information to help him/her make decisions

    • Secretary of Defense, Treasury, Education, Energy, Transportation

  • The largest branch of government: 2.7 million employees

• Federal Agencies (FBI, NASA, IRS, CDC),

• Military

• Purpose: to enforce laws

Judicial

• hear disputes, interpret laws

• Supreme Court

• nine justices total

• President nominates someone for a vacancy and the senate votes to confirm the nominee

• lifetime appointment

• federal courts around the country

• Purpose: evaluates laws, make sure they are in line with the constitution

• There are many lower courts that are the biggest part of the Judiciary

• Judicial Review: Use of courts to protect liberties & properly put policies into place

• A court can refuse to enforce a poorly-written law or the SCOTUS can declare a law unconstitutional

• Citizens can use the court system to challenge unfair government actions, appeal court cases that were carried out improperly or question public policies

  • Examples: people suing state legislatures over mask mandates during COVID, suing health clinics that provide abortion, suing ICE over unfair immigration practices

Legislative

• the branch that most represents the people, turning public opinion into laws, through the work of legislators (lawmakers)

• AKA Congress

• House of Representatives (number of reps determined by state population. In total there are 435 members)

• Senate (only two senators allowed per state - 100 total)

• This system was enforced thanks to the Great (Connecticut) Compromise

• Article I sets up how the legislative branch works

• Access Point: the ways people and special interest groups can voice their opinions and influence policy

• Legislature works in Capitol Hill in DC where they make laws, determine how to fund the government, and shape foreign policy

• Committees: Groups of 10-40 legislators who meet to discuss, debate, and oversee certain topics of law/policymaking

• House committee examples: Agriculture, Budget, Veteran’s affairs

• Senate committee examples: Armed Services, Budget, Foreign Relations, Veteran’s Affairs

• Legislative access points: ways stakeholders can have their voices heard and influence decisions made by congress

  • Special interest groups: A group of people acting together in support of a common interest or to voice a common concern. Political interest groups seek to influence legislation

  • Lobby/lobbyist: Paid specialists who speak with lawmakers face to face to influence support for ideas or new laws

  • Ways for normal people to voice their opinions: Protest, Non-Profit Orgs, Voting, Contact

  
  
  

Bill of Rights

First ten amendments of the US Constitution

• Amendment I: Freedom of speech, press, assembly, assembly

• Amendment II: The right to bear arms

• Amendment III: Prevents government from forcing homeowners to allow soldiers to use their homes (no quartering of troops)

• Amendment IV: Prevents the government from unreasonable search and seizure of the individual of their private property

• Amendment V: Indictment, double jeopardy, protection against self-incrimination, due process

• Amendment VI: Speedy and public trial impartial jury in criminal cases, cross-examination of adverse witnesses, calling

• Amendment VII: Extends the right to a jury trial in federal civil cases

• Amendment VIII: bars excessive bail and fines and also prevents cruel and unusual punishment

• Amendment IX: States that things not mentioned in the constitution are valid (listing rights in the Constitution doesn’t deny others)

• Amendment X: the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people (delegated and reserved)

  • 27 Amendments today

US Constitution

Came out of Enlightenment thinking, where people wanted more freedoms to criticize their government in both speech and writing, freedom to practice the religion they wanted to, and wanted to be sure everyone had a fair trial if they got into legal trouble.

Amendment Process

• Stage one: a proposal from either ⅔ house and senate or 2/3 majority at a convention initiated by the states and called by congress

• Stage two: ratification is completed by a vote by ¾ of the state legislatures or ¾ of state ratifying connections

• Later, a path was created that didn’t require congress, so the formula to ratify was widened to a different constituency.

Vocab

• infrastructure: a system of public works; like roads, bridges, phone poles, water pipes

  Federal investigation: lead-up to a possible court case at the federal level

  Subsidies: a sum of money provided for specific use by official or government action

• Stakeholders: People or groups who will be affected by policies

• Bill: a legislative proposal. A law in its infancy

• Veto: An official power or right to refuse to accept or allow something; a thumbs-down

• Pocket veto: when the president refuses to sign a bill and the bill “dies,” never becoming law.

• Tangible: something that is real and can be seen or felt by all

  
  

Rulings/ Judiciary Branch

• Commerce Clause: Part of Article I of the Constitution that gives Congress the power to regulate interstate commerce (buying and selling of goods across state lines)

• Enumerated Powers: Powers of the federal government that are explicitly named in the Constitution.

• Implied Powers: Powers of the federal government that are not explicitly named in the Constitution but are implied so that the federal government can carry out its enumerated powers.

• Necessary and Proper Clause: Part of Article I of the Constitution that gives Congress the power to create laws that they find “necessary and proper” for performing their constitutional responsibilities.

McCulloch V Maryland -1819

• The state of Maryland passed a law that any bank not chartered by the state would pay a fee of 15,000 per year

• Cashier at Baltimore branch of the national bank refused to pay

• Maryland argued that the establishment of a national bank was unconstitutional

• McCulloch argued that the necessary and proper clause did make it constitutional

• Unanimous vote in favor of McCulloch (6-0)

• Necessary and Proper clause justified the existence of the bank

• Supremacy of feral laws over state laws

US v Lopez - 1995

• High School senior took a loaded gun to school

• Arrested and jailed but the charges were dropped because the federal government brought about chargers

• Federal government regulated guns under the commerce law

  • Their reasoning was that: guns in school→ gun violence → ppl less likely to visit town → bad economy

• Lopez argued that gun regulation is reserved for states and the connection to the commerce clause was weak

• 5-4 in favor of Lopez

• Majority reasoning: If congress could use the commerce clause to regulate guns they could use it on anything else loosely tied to it.

US v Darby

• Fair Standaard Act (1938) established

  • a minimum wage

  • overtime compensation

  • no child labor

• FSA only applied to workers involved in interstate commerce, as the federal government could not regulate individual states

• Darby Lumber Co paid below minimum wage

• Sued by state, no charges were presented

• State brought case to the supreme court

• Unanimously said the fsa was constitutional under the commerce clause

• Darby empp=loyers made lumber meant to be shipped to other states, so the federal government could help