unit one review: constitutional foundations
constitutional foundations
Constitution arose out of important historical and philosophical ideas and preferences regarding popular sovereignty and limited government
- compromises were made during the Constitutional Convention and ratification debates → these compromises have frequently been the source of conflict in U.S. politics over the proper balance between individual freedom, social order, and equality of opportunity
first semblance of a national government created after independence was a state centered, decentralized system that reflected a fear of a powerful central government
- the lack of powers held by the weak national Congress, coupled with each state’s independent and often conflicting actions, raised concerns with such key actors as James Madison and Alexander Hamilton as to whether the Articles of Confederation were able to protect the new nation
- weaknesses led to a call for change and a decision to host a convention to revise the Articles
- convention itself was a triumph of negotiation, collaboration, and compromise, extending beyond the delegates’ original mandate
- led to the creation of a new constitution that granted more centralized authority, while dispersing powers among three branches in the national government, and reserving powers and authority to the states to govern within their borders
group that favored the new federal Constitution, the Federalists, argued that the constitutional separation of powers and checks and balances would protect people from governmental tyranny and unify the nation
- Federalists also argued that although the Constitution lacked a specific listing of rights, it protected civil liberties in general by limiting the national government to powers that were enumerated.
- Anti-Federalists argued against the new federal system, claiming that the new Constitution would erode the sovereignty of the states, the prominence of local self-government, and their inherited liberties, as it lacked a specific listing of rights needed to protect the people from the national government.
- Federalists promised the Anti-Federalists that they would support the addition of a bill of rights once the Constitution was ratified
- Constitution was ratified in 1788 although the last state, Rhode Island, did not ratify it until 1790. The Bill of Rights, the first ten amendments to the U.S. Constitution, was ratified in 1791
200+ years later, the compromises that were necessary for the Constitution’s ratification, and in some instances led to ambiguity, continue to fuel debate and sometimes even conflict over how best to protect liberty, equality, order, and private property
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^^Big Idea #1: A balance between governmental power and individual rights has been a hallmark of American political development.^^
- participatory democracy: all members of a group or community participate in decisions
- pluralist democracy: a model of democracy that stresses vigorous competition among various interests in a free society
- elite democracy: the privileged classes acquire the power to decide by a competition for the people’s votes and have substantial freedom between elections to rule as they see fit
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^^Big Idea #2: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.^^
faction: a political groups that agrees on objectives and policies; the origin of political parties
- federalists
- believed the Constitution was the best way to deal with “the tyranny of the majority” by creating three branches of government having distinctive and separate powers
- foundational documents: Federalist #10, Federalist #51
- anti-federalists
- believed that the Constitution gave too much political, economic, and military control; wanted a decentralized governmental structure that granted most power to the states
- foundational document: Brutus #1
- the Articles of Confederation and their weaknesses — No judicial branch, weak economic power - NO POWER TO TAX, no executive (president), no military, unicameral legislature, etc…
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constitutional compromises
| Great (Connecticut) Compromise | Virginia Plan: “large state” proposal/ New Jersey Plan: called for equal rep Great (Connecticut) Compromise: agreement for a bicameral legislature |
|---|---|
| Electoral College | Presidential electors from each state, number of electors is based on the state’s population. The candidate with a majority of the electoral votes wins. |
| Three-Fifths Compromise | Adopted at the Constitutional Convention, every five slaves would count as three people for representation and tax purposes |
| Compromise on the importation of slaves | The South stated that if slaves were banned, they would not ratify the Constitution. It was decided that Congress could not ban the Slave Trade until 1808. |
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Political Negations and Compromise and the Development of the Constitutional System
the debate over the role of the central government, the powers of state governments, and the rights of individuals remains at the heart of present-day constitutional issues about democracy and governmental power
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^^Big Idea #3: The Constitution created a competitive policy-making process to ensure the people’s will is represented and that freedom is preserved.^^
- separation of powers: the constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
- checks and balances: a system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
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^^Big Idea #4: federalism reflects the dynamic distribution of power between national and state governments^^
| Expressed/Enumerated(National Powers) | Concurrent(Shared Powers) | Reserved(State Powers) | Implied(National Powers) |
|---|---|---|---|
| Definition:Powers explicitly given to Congress in the Constitution | Definition:Powers held jointly by the national and state government | Definition:Powers not specifically granted to the federal government or denied to the states belong to the states and the people | Definition:Powers inferred from the express powers that allow Congress to carry out its functions |
| List:-powers to levy taxes-power to regulate commerce and currency-power to declare war and raise an army-authority over the U.S. Navy-power to allow foreigners to become citizens | List:-Collect tax and borrow money-Set up court system-Create laws to maintain health, safety, and welfare-Set minimum wage-Charter banks | List:-Regulate trade-Marriage laws-Conduct elections-Establish local governments | Explain: A power that is not explicitly granted by the Constitution but is implied by the necessary and proper clause to be delegated for the purpose of carrying out the enumerated powers |
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Balance of Power between State and National Governments
| 10th Amendment | Power reserved to the states | Provides for the general idea of Federalism |
|---|---|---|
| Commerce Clause | Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or nation | Deals with the balance of power between federal and state government |
| Necessary and Proper Clause | Allows Congress to make all laws that are “necessary and proper” to carry out the powers of the Constitution. | Possibly the most important clause |
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