psc lecture 1

Articles of Confederation (1781

• First U.S. constitution, but too decentralized; states had excessive power.

• Federal government weaknesses:

  • Difficulty passing laws (required 9/13 states).

  • Impossible to amend (required unanimity, 13/13 states).

  • Unable to collect taxes (states could refuse).

  • No regulation of interstate commerce (states had individual currencies).

  • Lacked a strong national army/navy, leaving the U.S. vulnerable.

• Shays' Rebellion (1786): Exposed critical weaknesses, prompting leaders to seek a replacement.

• Legacy: Established concept of states' rights and elements like Full Faith & Credit, but ultimately unworkable.

Constitutional Convention (1787)

• Goal: Establish a better balance between federal and state power.

• Key Plans:

  • Virginia Plan: Proposed representation based on state population (favored large states).

  • New Jersey Plan: Proposed equal representation for all states (favored small states).

• Great Compromise: Created a bicameral Congress:

  • House of Representatives: Based on state population.

  • Senate: Equal representation (two senators per state).

• 3/5 Compromise: Slaves counted as three-fifths of a person for representation, increasing the political power of slave states.

Articles of the Constitution

• Article I – Legislative Branch (Congress):

  • Defines structure (House: 2-year terms; Senate: 6-year staggered terms).

  • Article I, Sec. 8: Lists enumerated powers (e.g., tax, coin money, regulate commerce).

  • Necessary & Proper Clause (Elastic Clause): Allows Congress to stretch its enumerated powers to carry out its functions.

  • Impact: Upheld in McCulloch v. Maryland, granting Congress broad implied powers.

• Article II – Executive Branch (President):

  • Establishes 4-year term for the President.

  • Key Powers: Nominates federal officials/judges, serves as commander-in-chief, grants pardons, receives ambassadors.

• Article III – Judicial Branch:

  • Mandates a Supreme Court; other federal courts are created by Congress.

  • Judges serve for life, ensuring judicial independence.

  • Congress determines the size and jurisdiction of federal courts.

• Article IV – States:

  • Full Faith & Credit Clause: States must honor the laws and documents of other states.

  • Guarantee Clause: Federal government guarantees a republican form of government in each state (prevents monarchies, for example).

• Article V – Amendments:

  • Outlines a difficult amendment process (requires 2/3 vote in both House and Senate, plus ratification by 3/4 of state legislatures/conventions).

  • Only 27 amendments reflect its rigidity, promoting deliberate change.

• Article VI – Supremacy Clause:

  • Establishes that federal law is supreme over state law when both are constitutional.

  • Impact: McCulloch v. Maryland confirmed states cannot tax the federal government, reinforcing federal supremacy.

• Article VII – Ratification:

  • Stipulated that the Constitution would take effect upon approval by 9/13 state conventions (not state legislatures).

  • Crucially, declared that the people are sovereign, not the states or the federal government.

Key Case: McCulloch v. Maryland (1819)

• Three major issues resolved:

  1. Necessary & Proper Clause: Validated Congress's broad implied powers (e.g., to create a national bank).

  2. Supremacy Clause: Affirmed federal supremacy; states cannot tax federal entities.

  3. Sovereignty: Declared that ultimate power (sovereignty) resides with the people, not the states.

Takeaways

• The Constitution fixed the Articles' fundamental flaws by creating a sufficiently centralized yet balanced federal system.

• Resulted in a complex government with separation of powers, checks and balances, and staggered elections, designed for slow, deliberate policy-making.

• This structure fosters compromise, debate, and stability.

• Despite imperfections, the Constitution provides a functional framework for governance and an ongoing national conversation about rights