Printable Module Two Notes Purpose: To provide students with an "easy to print" version of the content covered in this

module. Students should use the notes to study for the module test and the final. The notes should be kept for AP Exam review- prior to the national test. Students should ask for clarification about any content that they do not understand. Section One- The Underpinnings of the Constitution I. Introduction - Liberty v. Order Madisons prime concern was liberty, Washingtons unity or uni on. Constitutional system would realize both liberty and order

Five men worked together in establishing the new government: Washington the "soldier, statesman, unifier." John Adamsthe intellectual leader of conservative federalists. Hamiltonpolitical economist favoring business and government cooperation. Jeffersonnations first political philosopher to hold high office. Madisonauthor of the Bill of Rights. II. The roots of the Bill of Rights Madisons Bill of Rights based on historical precedents: Magna Carta-King John (1215) at Runnymede [Basic document in English constitutional law, granted by King John at Runnymede, Surrey, in 1215. Its main purpose was to confirm the privileges of the feudal barons, limiting the kings power over them. Idealized in later interpretations, some of the features essential to a democratic government have been attributed to the Magna Carta. Repeatedly reissued and modified by Johns successors, the document became a symbol of superiority of the law over the king and his prerogatives.] Other Influential thinkers included: Greek Philosopher rights of Aristoi ("best people") Luther/ Calvinreligious liberty from Catholic authority. John Lockeprotection of individual against state. Two Treatises on Civil Government -1690 -Locke refutes the idea of "divine right of kings -states that men are born equal with equal rights in nature. -believes most men agree to preserve property and obtain justice. -justice comes from laws; highest power is legislative. -legislative is limited, may not encroach on judiciary power. -should be an executive, also restrained by law - Concept of "separation of Power" based on writings of Locke

The American Roots Religious freedom in America was a "mixed picture of tolerance and coercion." Puritans -"theocracy" (no voting for non-church members) Nine of thirteen colonies had a state church Eventually, liberties were incorporated into laws/ declarations. Maryland Act for the Liberties of the People-" all inhabitants of this province should have rights, liberties, immunities ... just as any natural born subject of England." . Massachusetts Body of Liberties 1641- guaranteed freedom of speech/ petition, jury trial, legal counsel. (later model for NY and PENN) Declaration of Independence- 1776 New state constitutions -contained bills of rights.

Toward Unity and Order Articles of the Confederation- created a fragile "league of friendship" Not a nation Created at the Second Continental Congress -Nov. 17, 1777. Congress had authority to 1) Declare war and make peace 2) Enter into treaties and alliances 3) Fix uniform standards of weights and measures 4) Create a postal system 5) Borrow money issue bills of credit 6) Regulate coinage 7) Establish and control the armed forces 8) Create admiralty courts Articles conjoined all 3 branches into 1 congress. =UNICAMERAL Presiding officer - President provided that he did not serve in that capacity for more than one year in any term of three. WEAKNESSES OF THE ARTICLES OF CONFEDERATION Did not give the national government the power to tax.- resulted in the Congress pleading with the states to provide money for war and to carry on the affairs of the nation. No provision for an independent leadership position to direct the government. This was a deliberate omission because the colonist feared another monarchybut still left the nation without a leader. Did not allow the national government to regulate interstate and foreign commerce. (Treaty with Britain, 1 treaty or 13.) Could not amend the Articles without the unanimous agreement of the Congress and the assent of all the state legislaturesthus each state had the power to veto any changes to the confederation. Annapolis Convention-1786- called for convention to amend the Articles. Hamilton the "engineer" Shays Rebellion- in western Mass. - catalyzed drive for "order and unity".

The Philadelphia Convention, 1787 The delegates Only about 40 of 55 delegates actively participated Most important/ influential men of nation attended Political activists/ merchants No blacks/ women delegates Paine, Jefferson, Lee, J.Adams, S. Adams, Hancock all absent

Prime movers of the Convention Prime movers of the convention Washington- presided over conventiongreat prestige. Hamilton- distaste for a weak Congress, desired strong national government. Madison/ Franklin? G. Morrisrespectfully- politically astute, world- renowned, literary talent. Martin, Dickinson, Paterson, - believed that all states should have equal representation. Secret proceedings to weaken "convention enemies" and encourage intellectual "flexibility

Consensus All delegates supported republican government. Common philosophy was a balanced government favoring the protection of property. States would determine voting qualifications. Agreed a national government strong bicameral congress, energetic executive, independent judiciary. Conflict Connecticut Compromise found middle ground between Virginia Plan (large-state proposal) and New Jersey Plan (small -state proposal) House of Representative -based on population of states Senate - based on equality of states. Slaves counted as three-fifth a free person for representation/ tax purposes. South insisted on two-thirds majority for treaties. Congress could establish inferior courts. Presidents selected by Electoral College.

To Adopt or Not to Adopt Ratification required approval by nine state conventions. Federalist strongholds were seaboard and city regions, Anti-federalists had rural regions and support of farmers The Federalists essays (Hamilton, Jay, Madison) helped the ratification process, especially in New York. Anti-federalists objected to the lack of a bill of rights, federalists agreed to add them after ratification.

The Politics of Ratification. Federalists controlled newspapers, moved quickly in small states as well as Pennsylvania. Narrow victory in Mass. after bill of rights "compromise". Madison, Hamilton led successful fights in VA and NY.

Drafting the Bill of Rights Madison pushed ten amendments through the House and Senate. Bill of Rights was ratified by 1791 (three-fourths of states needed)

***What Kind of Constitution **** Introduction -Division/ Separation of Powers Division of powers means federalism. Constitution divides powers- --delegated to national level, reserved to states Separation of power gives each branch political independence Checks and balances prevent concentration of power consistent with anti-majoritarian devices. Republic or a Democracy? Contemporary democracy is "representative" a republic where people choose legislators/ officials by ballot to rule. Framers saw pure democracy as "mob rule". [Ex. Direct democracy- Greek city-states, New England town meetings. Framers purposely use term "republic" so as not to confuse with "pure" democracy.]

Constitutional Government Constitutionalism refers to how power is granted, dispersed, and limited

POWER (def) the ability of one person to get another person to act in accordance with the first persons intentions. Authority- def) the right to use power. Formal Authority- (def) the right to exercise power is vested in a governmental office. Legitimacy- U.S. Constitution is accepted as the source of legitimate authority. *Much of Am. Political History has been a struggle over what constitutes legitimate authority. Key is "reliance on the people" or electorate as safeguard against abuse of authority.

Basic Premises of Democracy Individualism is central measure. State (statism) is less important than the individual. Clear principle of "equality of rights" [a persons claim to life, liberty, property. Although there is much discussion about how this is to be achieved. Ex. Equality of opportunity vs. Equality of result or outcome.} Freedom is good in itself (or liberty) Core is self-determination Individual liberty is the key to social progress. -The greater peoples freedom, the greater the chance of discovering better ways of life. Individual self-determination may conflict with collective decision-making for national welfare Ex. Brady Bill vs. NRA; mandatory AIDS testing vs. Privacy, etc. Liberty and Equality During most of the 19th century "less government power, more individual liberty." (Laissez faire) [No set minimum wage, no mandatory vaccinations] Idea shifted to how to free people from non-governmental curbs on liberty.

[The question was no longer how to liberate people from government, but it was how to use government to free people from non-governmental curbs on liberty as well.] Equality of opportunity v. Equality of condition opportunity - most Americans say they want this. "same place on the starting line" Condition- an effort is made to equalize the factors that during ones life may determine how she/he will fare socially, or economically. Much of American political combat is a battle to reach a balance between liberty and equality. Democracy as Political Means Principle Democrats- admire democracy for its human ends. Also called Substantive View of Democracy. Focus is on the substance of the policy, not the procedures followed in making those policies. Ex. Reject Bible reading in school- based on constitutional right to freedom of religion. (Establishment clause) Process Democrats- consider democracy a technique of self- government. Also called Procedural View of Democracy. More concerned with democratic procedures ***test question- which theory is more responsive to public opinion? = Procedural Fundamental Democratic Processes free, fair, open elections- a democratic necessity. Democratic elections have 4 basic elements: A. equal voting power among citizens. B. free competition of ideas during election C. freedom of citizens to organize politically d. Majorities/ pluralities decide outcomes

The American System: Democratic and Constitutional founders believed in democracy as principle and process. Abuse of democratic process threatens free people. Ex. Civil right denial, Watergate, Iran-Contra,

Section Two- The Constitution The Paranoia of the Framers The Locke an fear of legislatures- (John Locke) The principles of natural law were to control the government created by men. Sovereignty of the people resides in the legislature Taxes cannot be raised without the consent of the people themselves or their deputies. Men enter into a social contract with government to protect their property, their lives, and their liberties. Sam Adams, Patrick Henry, T. Jefferson, T. Paine associated strong government with monarchy and believed that the best political system governed least. -supporters of the Articles of Confederation also opposed a powerful central government. The elitist theory- The Beard Theory Radicals absent from the Convention- P. Henry, Jefferson, and S. Adamsresult: dichotomy Madison and Hamilton. Practical (financial) issues to be addressedthat failed under the Articles of Coned. "Not seeking to realize any fine notions about democracy, and equality, but were striving with all the resources of political wisdom at their command to set up a system of Government that would be stable and efficient, safeguarded on one hand against the possibilities of despotism and on the other against the onslaught of majorities. Constitution reflects nothing more than the work of the economic elite that was out to protect its own interests against possible incursions from popular majorities. Elitelandowners, creditors, merchants, public landholders, wealthy lawyers. Agreed - founding fathers had education, property, and influence far greater than the average person of the time ??? They were the same elite that run Congress today.

The pragmatic theory- The Roche Theory Convention was a Democratic Reform Caucus Practical political trade-offs among the different states that had to be reconciled in order to make the idea of a national constitution palatable at homeservants of practical political necessity. The 13 state fearsThe fear of centralizationthe problem of getting the constitution ratified framers wanted a strong central government and the protection of liberty free elections- vital method of limiting political power Jefferson: "the chains of the Constitution would bind man down from mischief" Madison- emphasis upon "auxiliary precautions" to curb tyranny. The fear of Zealots (ex. of modern zealots) - flag burning, school prayer, balanced budgets, bussing, abortion, gays in the military The Genius of the Framers

The SOLUTION to the fear was Bicameralism House of Representatives and Senate Virginia Plan New Jersey Plan Connecticut Compromise Formal Controls Staggered terms- 2 yr for house, 6 for senate, 1/3 elected in senate every 2 years Different constituencies House -435 equal single member, winner take-all, voting districts, Senate- 100 state, "at-large" seats States and Constitution determine election qualifications 10th Amendment- reserved power of the states Denial for felons and mentally incompetent Both houses must agree on every detail of every bill. .Federalism- the powers to govern are divide between the national and state government. Advantage- seen because local government can deal far better with local problems than a larger, more remote authority. Criticism- local system could encourage unequal treatment of citizens using racial and economic discrimination. Local interest and beliefs (values) might be contrary to beliefs held as right and proper in the rest of the country. (Ex. LA- 2 separate H. S. system. Prom king, student council. Etc. most in that community think that system is fine.) Amendment Process Informal Controls Partisan politics Effects of campaign contributors Cross pressures from other members and the president State voting laws Effects of the committee system Separation of Power Allocation of constitutional authority to each branch Powers of the three branches Legislative- delegated, implied, inherent powers Executive- delegated, implied, inherent Judicial- delegated, inherent The powers cannot be assumed, transferred, or altered. The Powers Delegated or Enumerated- Congress -Article I, section /President- Article II, Section 2 1. The powers of each branch are listed in the constitution Inherent- self- evident powers each branch possesses because of what each branch does. Legislature legislates-make laws Executive administrate-enforce law Judiciary judges- punishes if there is a violation of the law Reserved- left to the states if not delegated to the federal government Implied or Necessary and Proper- Unspecified to carry out the delegated powers ex. Federal Reserve System Prohibited- cannot do something- ex. no post facto laws, no bills of attainder. Concurrent- powers federal and state governments both exercisepolice, taxes. Checks and Balances

Presidential veto of either house. Both houses may override a veto by 2/3 rd's vote Supreme Court declares laws unconstitutional 2/3 congress and states ratify constitutional amendment **** "c" is the most powerful check. - -it is an assumed power from legal precedent (Marbury v. Madison) and also the original intent of the framers (Hamilton, Federalist #78) System has been modified over time: 6 developments 1. Rise of national political parties 2. Changes in electoral method "Pledged" presidential electors Senators now chosen directly by voters 3. Establishment of agencies with legislative, executive, and judicial powers. 4. Changes in technology 5. Greater power to press /TV 6. Enhanced power of president, organized interests. Emergence of U.S. as world power/ recurrent crisis (more power to president/ staff) Office of president, at times, has promoted national unity. Judicial Review Judicial review is the power of the court to declare an existing law unconstitutional Traditionally, judges were expected to restrain legislative majorities (Federalist #78) Judicial Review is an "American Invention" Origins of Judicial Review Framers did not specifically provide for judicial review Virginia and Kentucky resolutions questioned the Supreme Courts authority to review state laws (1798 -99) Marbury v. Madison Court could not enforce an unconstitutional law (section 13 of Judiciary Act) Judges must interpret the constitution -not congress or the President (Chief Justice John Marshall) A single person may challenge an existing law through judicial hearings Litigation can make Public policy.

Fletcher v. Peck A. Can the Supreme Court strike down a state law that violates the federal constitution? B. Can states violate contracts to which they were signatories C. Is there an Implicit Power of federal supremacy? Dartmouth College v. Woodward Essentially the same issues, but the contract precedes the formation of the United States.

The Constitution is an Instrument of Government Congressional Elaborationto what is necessary and proper. Framers gave Congress the authority over many of the structural details of the national government. 1. Impeachment process- dramatic example, according to Article I- The Legislative Article it is up to Congress to give meaning to that language.

Gives house the sole power of impeachment and senate the sole power to try the impeachment. (Conviction by 2/3 vote) House has impeached 16 of 66 individuals: Senate has convicted 5 (all federal judges)

2. How the value of money is regulated 3. How the federal budget is created 4. How nuclear energy is regulated 5. The Cabinet and its function 6. The Bureaucracy and its function ** the framers anticipated change they could not write in all of the details. Ex. 9th amendment. Presidential Practice- how the president uses power (the office) Addresses to the nation Jawbone or persuade members of Congress or governors Hold press conference Issue orders to their secretaries (cabinet) Who to appoint to judiciary, ambassador, and cabinet positions. How much budget to allocate to cabinet departments Custom and Usagehow procedures have evolved Nominating procedures- conventions /political parties Political parties-suffrage extensions have "democratized" Constitutions Changing the Letter of the Constitution Amendment powers were given to Congress and states. Each Amendment must be proposed and ratified. Proposing amendments Two-Third vote in each Houseonly method ever used. Historically Congress has proposed 33 amendments. Interest groups, scholars, think tanks propose amendments as a way to make the system more responsive. "Second Method"- constitutional convention called in response to 2/3 state legislatureshas never been used. A. congressional consideration of limiting convention to "only the subject specified" in state petitions. B. Call for convention was one state short in 1967reapportionment issue. C. recent calls for conventions on school prayer, abortion, busing and balanced budgets. D. fear of "runaway convention". Ratifying Amendments Two methods of state legislatures or state ratifying conventions (latter only used in the 21 st Amendment repealing the 18th Amendment) State cannot "unratify" after approving ratification. Convention method involved voters (prohibition)

Failed Amd- example-Politics in the D.C. Amendment D.C. Amendment was ratified in only 16 states Amendment would have given D.C. 2 senators and 1 representative in Congress. Proponents charged taxation without representation.

Opposition saw D.C. as too Urban, Liberal and Democratic. Support coalition failed to maintain its cohesion, and then turned to statehood idea D.C. statehood was plank in the 1988 Democratic Platform. Not likely since GOP presidents anticipate Democratic gains. (only8% of D.C. voters is registered republicans Section Three- Federalism Federalism(def.)-Federal government has constitutionally divided powers between national and constituent (state) governments. Distribution of powers cannot be changed by ordinary laws. U.S. is a nation of over 83,000 governmental unitswe are affected by several governmental levels. Unitary system- all policy made at the central level Central government can delegate authority -but can also take it away. Ex. Britain, France, Israel, Philippines. Federal system- policy making is shared between central level and constituent parts. Ex. -United States, Germany, Mexico. Confederal system (or Confederation) allows central government to make regulations to make some regulations however constituent parts have the Ultimate power. policy making is concentrated in the constituent parts. Ex: Southern Confederacy during Civil War and Canada, confederation of Independent Sates-(fmr. USSR) Why Federalism (Federalism equalizes resources across the country between rich and poor states. Stress how federalism was used as a selling point to get the states to ratify the constitution.) *Federalism allows unity without uniformity. No need to enforce a single national standard we dont have to agree nationally on every issue, education spending, capital punishment , divorce, gun control all hot issues that can be decided at the state level Can develop national consensus. Only on issues that are relevant to national decision -making. *Federalism checks the growth of Tyranny - -Americans equate federalism with freedom Madisons Federalist #10 " the major cause of faction is the unequal distribution of property, a second cause being the inevitable diversity of group opinions, Governments must be designed to control and channel faction rather than prevent it." *Pol. Party can gain power at other levels- when one party losses control at the national level, it is still likely to hold office in a number of states. It can then regroups, develop new policies, and new leaders, and continue to challenge the party in power at the national level. (From 1860- 1932 the Democratic party-though unsuccessful nationally, was dominant in the South.)

*Federalism inhibits the "formation of a single interest majority "the size of the nation and the many interests that are within it are an obstacle to the formation of single interest majority. However, even if such a majority were to form, having to work through a federal system would make it very difficult." *Federalism Encourages Experimentation. Judge Brandeis saw states as laboratories for public policy. If programs succeed they can be adopted by other states or by the national government. If they fail no one else will try it that way and the negative effects are limited. . Policy ex. adoption care for the elderly, surrogate motherhood. True ex. GA first state to allow 18 year -olds to vote: CA pioneered air pollution control.

*Federalism keeps Government Close to the People Provides numerous areas for decision -making. States /Localities involve citizens in large quantities. (Not through voting) Unfunded Mandates-- federal regulations which states must implement at the states cost. (The budget deficit and federal debt have forced the states to take up the shortages in resources. As the federal government shrinks the states must make up the difference. Example: Contract with America) Air pollution cleanup Water pollution cleanup Services for illegal aliens and the poor Inspections of nursing homes and hospitals Auto emission inspections Federalism Ideological Arguments Conservatives Would lessen federal control over states. Want no unfunded mandates Think sates are more sensitive to their citizens needs. Think there will be less administrative costs Like block grants- let the states do what they want with the money. Let states administer federal programs ex. Medicare, Medicaid, welfare, food stamps. Believe in Reaganism, favor New Federalism

Liberals Dont think states have the resources or the willingness to do the job. Think the federal govt is the watchdog for compliance with federal regulationsOSHA, clean air, water Think states lack expertise, Think states are parochial and dont care about the needs of the nation. Dont think the states will raise the necessary revenues through taxes. Think states will be unbalanced in what they can provide their citizens rich and poor states have different resources (different tax base) Think states are dominated by conservatives Favor categorical grants with strings attached Favor the Great Society Horizontal federalism-- Interstate Constitutional Regulations Full Faith and Credit Clause- requires each state court to accept public records/ civil judgments of other state courts. (Marriage, divorce, birth) Interstate Privileges and Immunities- apply basic rights/ protections to all citizens; states may not impose unreasonable "durational residency" requirements thus voiding political rights (voting). Extradition- fugitives must be returned by governor to state from which they fled Interstate Compacts- established interstate agencies to resolve interstate problems (crime, water rights, environment, etc.)

National government has the authority to deal with nearly every issue. Restraints on federal power stem from constitutional protections of individual rights.

Federal Supremacy (This is one of the few cases students will have to know by name. Stress the issue of National Supremacy) McCulloch v. Maryland Can a state tax an institution of the federal government? Does Congress have the power to create a national bank? Grants in Aidthe return of federal money to the states for both state and federal projects and programs. PURPOSES: Federal standardsclean air and water acts, minimum wages, anti-discrimination programs (EEOC) workplace safety (OSHA) Entitlement Programs Medicare, Medicaid, food stamps, welfare-AFDC, etc. Equalization of resources rich/ poor states Experimentation Example: Welfare reform- work program(New Jersey, Wisconsin) 2 National Social Agendas over the statesex, cross cutting requirements, affirmative action programs 3. Reducing the size of federal gobs The Effects of the Federal Deficit (1980s) Every president since Lyndon Johnson has tried to decrease the size of federal government. The per capita size of the federal government has remained about the same since WWII. The size of local and state government has increased dramatically. People demand more services from government at less cost. If the feds do not provide services the states have to. Since Reagan's first term the federal debt has gone from 500 billion- over 4 trillion and climbing Has Declined during the Clinton Adm. Interest on the debt consumes almost 20% of all revenues.

THEREFORE: There is less federal grant money for states There are more unfunded mandates Entitlements will have to be cut Either taxes will have to increase OR Spending cut further States and cities are near bankrupt trying to provide what the states cannot.

Federal Grants Four types of grants Categorical Formula-- for specific purposes, funds are subject to detailed federal conditions. (Many time matching basis of about 20-80% required, ex. airports bridges, highways, etc.) Project-- Congressional dollars go to state/ local units on basis of application, ex. money for university research grants.

Block-- Favored by Republicans, broad grants to states with few federal restrictions ex food stamps, welfare, and health care. Referred to as New Federalism Revenue Sharing-- from 1972- 1987, dollars went to states/ localities canceled due to soaring federal deficit.

The politics of Federal grants Democrats favor centralization/ republicans favor decentralization Legislators -/ groups frequently oppose block grants since they benefit from specific programs. (Libraries)

Iron Triangles- Issue Networks Which state or local officials should have control over grant spending? Iron TrianglesInterest groups/ congressional committees, federal bureaucratsare effective and powerful. Federal Grants under Reagan and Bush Block -grant consolidation, return decision making power back to the states, and have been vindicated according to some experts. Trend now is for fewer federal dollars, more block grants, and decentralized rhetoric

Federal Regulations Four types of federal regulations Direct Orders- compliance or threat of criminal /civil sanctions (ex. Equal Opportunity Act of 1972) Cross- cutting requirements- condition on one grant extended to all federally -supported activities. (Title VI of 1964 Civil Rights Act) Cross over sanctions- use of federal dollars in one program to influence state/ local policy in another (55 mph speed limit and highway construction, 21 year old drinking age and highway funds. Partial preemption - national government uses powers under supremacy/ commerce clause to require states to administer programs. (Ex: Clean Air Act)

Section Four- American Political Culture As a nation America has been remarkably disinterested in political theory Confusion over political labels The term "ideology" is used to refer to the structure of a persons ideas or beliefs about political values and the role of government and political power.

Political Culture (our widely -shared political beliefs, values, and norms.) As a nation, obsessed with liberty and freedom. The commitment to the individual "shapes our political culture"

Other values shared by Americans

Two-party system Regular elections- should not attempt to bar power from the winner in an election "American Dream" -everyone can succeed Sense of political efficacy- (def) citizens capacity to understand and influence political events. *Internal efficacy- confidence in ones own ability to shape and take part in political affairs. About at the same level as it was in the 1950s. *External efficacy- belief that the system will respond to what citizens do. Ex. Declined steadily through the 1960s and 70s.

Moderation and Pragmatism Legal equality, minority protection. Americans favor even more democracy. A national referendum on issues Right to recall a President or Congressmen. Americans are highly nationalistic and proud of their past.