Title: Constitutional Underpinnings Unit 1
1Constitutional UnderpinningsUnit 1
- AP US Government Politics
2Word Association
- Define government.
- What ideas come to mind?
- Define politics.
- What ideas come to mind?
- Do these words have a more positive or negative
connotation in your view?
3Can we be hopeful about politics?
4A neutral view of politics
- Harold D. Lasswell
- Who gets what, when, and how. (and where)
- All of us are political, were just not used to
calling it that. You dont have to take a class
to get politics. Aristotle was correct when he
wrote, Man is by nature a political animal.
5Political Power
- Power ability of one person to cause another
person to obey them - Authority the legal (constitutional in our
case) right to use power - Legitimacy what makes the law or leader worthy
of being obeyed (was the election fair? Is the
leader abusing your rights?)
6Learning Target 1A
- Describe the role that Greek, Roman and
Enlightenment philosophy played in the
development American political thought and the
creation of our founding documents
7Ancient Greece
- First civilization to break away from
totalitarian rule and embrace democracy. - Demos means people and kratos means rule or
authority. - Athenian men voted in the Assembly they used the
secret ballot, served on committees and juries,
and performed military service. - This form of direct democracy has never been
practiced to such a full extent since.
8Roman Empire
- Stretching from England to the Persian Gulf at
its peak, Rome evolved from a monarchy to a
limited representative democracy, to totalitarian
state. - Patricians (fathers) controlled the Roman
Senate and the lower classes had their own less
powerful representatives. - The Romans contributed two major achievements to
the story of democracy a system of Codified
Laws and a focus on Citizenship.
9Roman Code of Laws
- The Laws of the Twelve Tables governed the Roman
Empire. - It was broken down into two parts Public Law and
Private Law. - Public Law focused on the Roman state.
- Private Law focused on the behavior of the
individual. - The test of any law was what a person of common
sense and good faith would know to be right.
10Feudalism
- After the collapse of the Roman Empire around 450
A.D., a period of chaos reigned only to be
soothed by the rise of the Catholic church in
Europe. - Feudalism emerged out of this, as well as the
Crusades, in which Christians fought to gain back
the Holy Land in the Middle East. - The Lord of the Manor would rule over the lives
of the serfs, who worked to make each manor as
self-sufficient as possible. - Knights served the Lord and fought to maintain
prestige and to protect the manor and the castle. - Serfs were bound to the soil and unable to gain
any higher social standing. They were not
educated and religious life was on the manor was
controlled by the priest.
11Renaissance
- Development of intellect and curiosity through
artistic and scientific achievement. - The printing press and use of the vernacular
(native language instead of Latin) - more people
to want to learn to read in their native
language. - Sea exploration to Asia and America - exposure of
new ideas and cultures, as well as financial
benefit (ownership of colonies and Mercantilist
Theory). - Curiosity beget more curiosity and people begin
to question authority, especially that of the
Pope, hence the Protestant Reformation. - Divine Right of Kings was questioned by
Enlightenment thinkers such as Locke,
Montesquieu, and Voltaire.
12Monty Python the Holy Grail
- Dennis the Filth Peasant Meets King Arthur
hilarity ensues! - https//m.youtube.com/watch?v6ntPUq8K4wk
13Machiavelli
- Machiavellis name is synonymous with tough and
dirty politics (machiavellian) - Author of The Prince. One of historys first
political scientists.
14Machiavelli Quotes
- The ends justify the means.
- It is better to be feared than loved.
- By no means can a prudent ruler keep his word.
Because all men are bad and do not keep promises
to you, you likewise do not have to keep your
promises to them.
15Thomas Hobbes The Leviathan
- Imagined what a life without government would
look like, he painted a bleak picture in which
there would be - no industry no culture no navigation, no
imports no building no knowledge no account of
time no arts no letters no society and
continual fear of danger and violent death - and the life of man (shall be) solitary, poor,
nasty, brutish, and short. - aka The Purge (?)
- One absolute ruler would take care of all, and by
agreeing to be governed, you agree to the rules
made by the ruler - give up freedom for safety
and protection
16Social Contract Theory
- The only valid government is one based on the
consent of the governed. John Locke - Rulers and citizens enter into an agreement, or a
social contract which can changed or abolished if
the ruler abuses the people - Government by the people, masses
- Enlightenment view of natural law which gives
one the right be free because we were created by
God - The ruler should protect God-given rights. But
what if the social contract is broken? Must man
obey the ruler?
17Lockes influence on the US
- Governments are instituted among Men, deriving
their just powers from the consent of the
governed, --That whenever any Form of Government
becomes destructive of these ends, it is the
Right of the People to alter or to abolish it,
and to institute new Government, laying its
foundation on such principles and organizing its
powers in such form, as to them shall seem most
likely to effect their Safety and Happiness - Thomas Jefferson, Declaration of Independence
- The King and Parliament broke the social
contract so it made our revolution, in our view,
morally and politically right.
18Declaration of Independence
- https//www.youtube.com/watch?vjYyttEu_NLU
- Morgan Freeman and other Hollywood folks read the
Declaration in dramatic fashion!
19Learning Target 1B
- 1B - Explain the following concepts and identify
multiple examples of each concept throughout
history - separation of powers
- checks and balances
- popular sovereignty
- limited government
- federalism
- judicial review
-
20Madisonian Principles of Govt in the Constitution
- Checks and Balances a system where branches
have some authority over others as a way to avoid
one branch from becoming to tyrannical - Federalism division of power between central
(national) government and individual states - Judicial Review The Supreme Courts power to
declare actions by the legislative or executive
branch, or an individual state, unconstitutional
21Madisonian Principles of Govt in the Constitution
- Popular Sovereignty power to govern belongs to
the people, govt based on the consent of
governed - Limited Government govt is not all-powerful,
and it does only what citizens allow - Separation of Powers division of govt between
branches executive, legislative and judicial
22Can the masses govern effectively?
- Direct Democracy citizens create/vote on laws
- Problems
- 1. Impractical for reasons of time, expertise
- How do you get 300 million people to vote
multiple times per day on issues they no nothing
about? - 2. Masses of people make unwise decisions based
on emotions (rememberthe Nazis and Hitler were
elected fair and square!!) - The masses are turbulent and changing and seldom
judge or determine right. -Alexander Hamilton
23Representative Democracy (Republic)
- Citizens elect representatives to governmental
positions - Govt is the MEDIATOR between multiple viewpoints
- Will of the people (WotP) ? Common interest
(CI) - EX. (WotP) Congress shouldnt spend so much money
our debt is too high already!! - vs. (CI) BUTthe Brent Spence Bridge on I-75
needs to be rebuilt because it is a main artery
of US commerce. - Reps are educated on issues by other Reps.,
staffers, lobbyists and constituents. - Good News/Bad News - Prevents fast, sweeping
changes - More Good News/Bad News - Minority rights more
likely to be protected
24What makes a Democracy?
- Urofskys Root Principles of Democracy
- argues that there are 11 principles and 3
overarching themes that contributed to the
evolution of American democracy -
25Learning Target 1C
- 1C - Differentiate among the following theories
of governance and debate their merits and
shortcomings - Pluralist
- Elite
- Hyperpluralist
- Marxist
- Bureaucratic
- Majoritarian
- Trustee vs. Representative model
- Politico (not the website)
26Pluralism
- Modern society consists of many groups (ex.
Economic, religious, cultural, ethnic.) that
compete with each other to achieve goals - Groups that influence govt, work hard, and have
largest membership get what they want - Even if the average citizen does not keep up with
politics, their interests will be protected by
their group. (EX. The NRA protects all gun
owners not just their members many folks are
free riders.) - Groups must COMPROMISE to achieve goals
27Pluralism
28More on the Pluralist view
But on the other hand
We are pluralist because
- Relatively low numbers of people join interest
groups. - Poor citizens have less opportunity to join
interest groups or contribute to them. - One cant assume that group decisions are always
in the best interest of the nation.
- There is no unified majority in the US that
always acts together. - Govt leaders must please groups to gain votes
and money to be reelected. - Groups must compete for govt services and
favorable laws.
29Elite Theory
- Those who control the economic system control the
political system and the citizenry. - Politicians require massive funding to win
elections, and rely on corporations to supply
them. Lawmaking is influenced by cash as well.
30 Elitism in Politics
- Elitism is constitutional
- Inequalities in wealth do not give everyone a
fair chance to compete in the marketplace of
ideas. - Only those with the most money can have their
ideas heard and good ideas are often silenced as
a result. - Limiting the influence of corporate money in the
political process protects the rights of the
minority, in this case, those without large sums
of cash to donate. - CENTRAL QUESTION
- Is the Supreme Court right to interpret use of
money as a form of free speech?
- Free speech is a First Amendment right giving
your hard earned money to a candidate or company
is a form of free speech your money does the
talking. - Corporations have the same free speech rights as
individuals (Citizens United v. FEC 2010). - Whether you buy a Big Mac or an iMac, you are
implying you support the company and their
business practices with your purchase. Your
money does your talking. - In a capitalistic free market society, government
should not interfere with the marketplace.
31Hyperpluralism
- Pluralism on steroids
- Too many competing voices total results in
gridlock of government - Society lacks the cohesion necessary to force
compromise - Impossible to agreupon what is in the common
interest so consequently, very little gets done
32Marxism
Friedrich Engels (l) and Karl Marx (r) The
League of Distinguished Bearded Gentlemen
33Marxist Theory
- More of an economic and sociological theory, it
argues that government operates to benefit the
business owner (bourgeoisie) at the expense of
the worker (proletariat) - Sees class struggle as history's driving force
the haves vs. have-nots - Sees capitalism-based elitism as antithetical to
true democracy - Think of the Occupy Wall Street movement
34Bureaucracy
- Large, complex organization of appointed, not
elected, officials. - bureau French for small desks, referring to
the kings traveling business men who set up
small desks in town squares - Bureaucracy government of small desks
35Max Weber
- Famous early 20th century economist, German
- Bureaucracy well organized, complex machine
that is a rational way for society to organize
its business
36Weber Bureaucratic Theory
- Characteristics
- Hierarchical authority structure chain of
command - Task specialization individuals have unique
jobs, division of labor - Extensive rules clear policies for the
organization to follow - Clear goals clearly defined mission
- Merit principle hiring and promotion based on
qualities, no jobs for favors - Impersonality performance judged on
productivity
37Majoritarian Theory
- Argues that leaders are forced to follow the
wishes of the people because majority rules - There are more of us (the voters) than of
them (the politicians) - The classical theory of democracy in which
government by the people is interpreted as
government by the majority of the people
38Edmund Burke
- an Irish political philosopher, writer,
parliamentarian and intellectual - changed his views often throughout his life
from anarchism to traditionalist conservatism. - he is claimed by people on both the left- and
right-wings as one of their own - Trustee/Delegate model
39Delegate/Trustee/Politico
- Delegate Model - Legislators should adhere to the
will of their constituents, even if they disagree
with them - Trustee Model - Legislators should consider the
will of the people but act in ways that they
believe are best for the long-term interest of
the nation - Politico Model - Legislators should follow their
own judgment (that is, act like a trustee) until
the public becomes vocal about a particular
matter, at which point they should follow the
dictates of constituents
40A Reminder
- These are only theories. They are peoples
perception of our democracy and the way it
functions. - Which theory is correct???
- Pluralist most popular today
- Majoritarian popular pre-1950s
- Elite increasing (especially after the Citizens
United case) - Bureaucratic govt spending more than ever
before just to run itself not going away any
time soon - ex. - Department of Homeland Security was
developed after 9/11. - ex. - When Obamacare comes to full fruition,
bureaucracy will get even bigger and more
specialized - ALL ARE CORRECT OR INCORRECT DURING DIFFERENT
HISTORICAL ERAS.
41Learning Target 1E
- 1E Outline the arguments for independence as
presented in the Declaration of Independence (and
the film 1776)
42British Colonial Rule
Unitary System all power flows from one central
government
Powerful British Government
Political Subunits (Colonies)
43Declaration Outline
- Introduction - When in the course of human
events - Preamble We hold these truths Social
Contract theory natural rights/law - Indictment (accusations) He has
- Denunication - Nor have we been wanting
criticism of lack of British support to
peacefully negotiate - Conclusion We, therefore include s the
Virginia Resolution on Independence (shown in
film)
44Learning Target 1F
- 1F - Delineate the strengths and weaknesses of
the Articles of Confederation and why, to a large
degree, it was abandoned
45Articles of Confederation
1781 1789 RIP
Confederate System power concentrated in
political subunits (states) with a weak central
government (typically unite for a common goal)
46Articles of Confederation
- 1781-1789
- Original American govt system
- Weak central govt
- Individual and state liberties not threatened
- No executive (they hated kings)
- Confederacies are usually unstable
47A of C Weaknesses
- Article II Each state retains its sovereignty,
freedom, and independence. Govt has no control - Unicameral Congress (one house) with one vote per
state - Supermajority (9 of 13) to pass a law
- Supermajority (13 of 13) to amend
- No Executive (No President), no central authority
- No Federal Judiciary (No Supreme Court), no
central law - No control of taxation, commerce between states
or with foreign nations, money system
48Shays Rebellion
- Colonies were in debt after the war, central
govt tried to raise taxes - Farmers in western Massachusetts rebelled against
tax they could not afford - Rebelled against foreclosures, forced judges out
of court, freed debtors from jail - Showed that national govt was weak, needed to
seek a stronger national govt
49Learning Target 1G
- 1G - Describe the major revisions that were made,
and the compromises that were struck, at the
Constitutional Convention. What were the great
silences what was left out? Why?
50The Constitutional Convention
- 1787
- Revising the A of C
- Demographics of Delegates
- -55 delegates (none from RI)
- -33 Lawyers
- -half were college graduates
- -7 former governors
- -7 plantation owners
- -8 business leaders
- -age 26-81 (avg. age 42)
- -all male, all white
51Two Revision Plans
- Virginia Plan
- Favored large states
- Strong central government
- Bicameral (two house) legislature larger house
elected by the people (House of Representatives,
and a smaller house that was selected by larger
house (Senate) - (This would change in the 17th Amendment)
52Two Revision Plans
- New Jersey Plan
- Agreed with strong central governmentBUT
- Congress would be unicameral (one house) with
states having equal votes - Did not want large population states to dominate
the legislature
53Great Compromise
- A bicameral legislature in which the House of
Representatives membership apportioned according
to the state populations, plus 3/5 the slave
population - An upper house, the Senate, which would have two
members from each state, elected by the state
legislature (popularly elected today)
54Three-fifths Compromise
- Agree to allow the South to count 3/5 of the
slave population in each state to balance the
power of North and South
55Constitution
Federal System powers are divided and/or shared
between state and central governments (Current
govt designed by framers)
Central US government
State governments
56Or the Venn Diagram
WDC
Both
Frankfort KY
57Amending the Constitution
- Meant to be difficult
- Require action from national and state gov
- Amendment proposed by 2/3 vote in each house of
Congress and ratified (accepted) in at least ¾ of
state legislatures
58Fed vs. Anti-Fed
- Ratification formal approval
- Federalist in favor of adoption of US
Constitution creating a federal union and strong
central government - Anti-Federalist opposed to ratification in
1787, opposed to strong central government
59Federalist Papers
- Annoyingly hard to read
- Best political theory ever written in US
- Written by Alexander Hamilton, James Madison, and
John Jay - Publius
- Convince public for ratification
60Federalist 10FACTION
- Madison addresses biggest fear of govt
- Faction a group in a legislature or political
party acting together in pursuit of some special
interest (think fraction ½, 1/3, etc) - Founding fathers were concerned that our
government would be ripped apart - Madison defends our national Constitution
61Federalist 10 FACTIONS
- Separation of Powers check the growth of tyranny
- Each branch of government keeps the other two
from gaining too much power - A republic guards against irresponsible direct
democracy or common passions - Factions will always exist, but must be managed
to not destroy the system.
62Federalist 51
- Madison said factions will always be present and
that the only way to counteract the effects of
factions is to have numerous factions. - Even if individuals mingle with other members of
the same social groups, ideals, and goals, no
faction can become large enough to overthrow all
other factions in a well-run democracy. - If men were angels, no government would be
necessary. - Ambition must be made to counteract ambition.
63Federalist 78
- Hamilton says that the Judiciary branch of the
proposed government would be the weakest of the
three - It had "no influence over either the sword or the
purse, ...It may truly be said to have neither
FORCE nor WILL, but merely judgment." - Federal judiciary has the power to determine
whether statutes are constitutional, and to find
them invalid if in conflict with the
Constitution. - This principle of judicial review was affirmed by
the Supreme Court in the case of Marbury v.
Madison (1803).
64Anti-Fed Response
- Central govt would threaten liberty
- Aristocratic tyranny could happen
- States power was too limited (as compared to A of
C ) - Demanded a guarantee of individual rights and
liberty
65Bill of Rights
- 10 amendments to the Constitution (originally 12
- 2 of them didnt get ratified) - guaranteed individual freedoms and rights
- limited power of national government, guaranteed
rights to states - Ratified in 1789, Bill of Rights added 1791
66Learning Target 1H
- 1H - Differentiate between the Necessary and
Proper Clause and the Reserved Powers Clause
(and the other names they go by) of the U.S.
Constitution and explain the fundamental
contradiction between these two concepts as
debated by Alexander Hamilton and Thomas
Jefferson. - SOCRATIC SEMINAR DISCUSSION IN CLASS
67Learning Target 1I
- 1I - Explain the conceptual differences of the
following terms related to Federalism and how we
see these play out in todays political climate - Dual Federalism
- Cooperative Federalism
- Devolution
- Grants-in-aid (Block and Categorical)
- Mandates (especially unfunded mandates)
- Revenue sharing
68Disaster Relief
- Whos job was it to clean up New Orleans and the
rest of the coast after Katrina?
69No Child Left Behind
- Should the national govt step in to regulate
school performance?
70What is Federalism?
- Federalism Two or more governments exercise
power and authority over the same people in the
same territory - OR the relationship between the federal
government (circle) and the state governments
(squares)
71Constitution
Federal System powers are divided and/or shared
between state and central governments (Current
govt designed by framers)
Central US government
State governments
72Or the Venn Diagram
WDC
Both
Frankfort KY
73Federalist 51
- Defends the Constitution
- Explains why a strong govt is necessary
- If men were angels, no government would be
necessary. If angels were to govern men, neither
external nor internal controls on government
would be necessary. - Defends separation of powers between state and
national govt
74Powers
- Delegated Powers (enumerated powers) powers
specifically given to Fed govt by Constitution
(Article I Section 8) - Reserved Powers powers reserved, or set aside,
to the states (10th Amendment) - Concurrent Powers shared (middle of the Venn)
- Prohibited Powers denied from both (Article I
Sections 9 10)
75Elastic Clause
- Aka Necessary and Proper Clause or Implied
Powers Clause - Art. I, Sec. 8, Cl. 18 - "The Congress shall have
Power - To make all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by
this Constitution in the Government of the United
States, or in any Department or Officer thereof." - Impossible to predict all powers Congress will
need to function, sometimes we might have to
allow Congress extra powers to fulfill their
delegated powers
76McCulloch v. Maryland (1819)
- Background
- Bank of the US operated in Maryland
- Maryland did not want BoUS to operate in state,
competition unwanted, unfair - Maryland taxed the bank to put it out of business
- McCulloch, BoUS employee, refused to pay the
state tax
77McCulloch v. Maryland (1819)
- Is a Bank of the US Constitutional?
- Remember, this is the same bank Hamilton lobbied
for! - YES. The national govt has certain implied
powers that go beyond delegated powers. US needs
a national bank (implied power) for borrowing,
lending, holding minted money, etc. (delegated
powers)
78McCulloch v. Maryland (1819)
- Can a state tax the federal govt?
- -NO. The federal govt is supreme. Since the
BoUS is constitutional, only the feds may tax it. - -John Marshall reaffirmed both the Supremacy
Clause and Elastic Clause - -National (Federal) Gov gets STRONGER
79Commerce clause
- Art. I, Sec. 8, Cl. 3 The Congress shall have
power - To regulate commerce with foreign
nations, and among the several states, and with
the Indian tribes. - Congress has used the elastic clause to stretch
this power - What is commerce? Buying and selling of goods
and services. - Congress given the power to regulate commerce
between foreign countries and US as well as state
to state they control business law.
80Gibbons v. Ogden (1824)
- 1824 aka The Steamboat Case
- Ogden received a NY state licensed monopoly to
run a ferry across the Hudson River - Gibbons also saw the potential of the traffic
between NJ and NY and obtained a federal license. - Ogden sued saying he had the valid NY state
license, even though Gibbons had US license
81Gibbons v. Ogden (1824)
- Result Gibbons wins
- Expanded national power in all areas of commerce
law because the federal government overruled the
state in interstate trade issues - Again, the Fed Govt gets STRONGER
- All trade today is primarily controlled by
national law
82Commerce Clause
- Who cares? Why is it important?
- Gibbons v. Ogden ruling makes a loop hole giving
Congress power to take control over any issue
involving the movement of people, or things - Health care? Controlled substances? Pollution?
Education? What else? - Fed govt power increased GREATLY
- But Congress has overreached at times
83United States v. Lopez (1995)
- 1995 Gun Free School Zone law banned
possession of a firearm within 1000 feet of a
school - 12 year old Lopez carried a gun on to
the property - Declared law unconstitutional nothing to do
with commerce carrying a weapon through a
school zone is too much of a stretch for
commerce - LIMITED National government power Congress
couldnt use the commerce clause as a way to
restrict guns
84Gonzalez v. Raich (2005)
- Controlled Substance Act (1970) US gov
regulates the manufacture, importation,
possession, and distribution of certain drugs - Medicinal marijuana was legalized in California,
but illegal to US government. Raich argued
commerce clause should not take effect because 1)
there were no business transactions and 2) there
were no state border issues. - Supreme Court ruled 6-3 against Raich saying that
the federal government could trump state laws
that permitted medicinal marijuana - Will the Feds go after Colorado Washington?
852 Federalisms?
- OLD SCHOOL Dual Federalism prior to 1932
- Federal and state governments remain dominant in
their separate spheres of influence boundaries
of power respected (mostly) - Gibbons v. Ogden proved life is not that simple
- NEW SCHOOL Cooperative Federalism after 1932
the New Deal - State and Federal governments work together to
solve complex problems after the New Deal
862 Federalisms
- TWO METAPHORS
- Dual Federalism Layer Cake
Federal
State
- Cooperative Federalism Marble Cake
87Federalism Cake Boss
- Dual Separate Distinct Marble Variegated
Integrated
88Fiscal Federalism
- Fiscal means
- Q How do you get the states to do things they
normally wouldnt do? - A Money
- Q What is the answer to any question ever
asked? - A Money
89Grants-in-Aid
- Money paid from one level of government to
another to be spent for a specific purpose - Categorical Grants - target specific purposes and
strings attached. (States receive highway funds
if state raised age to 21 and lowered BAC to .08) - Block Grants given for broad, general purposes
and allow more flexibility and discretion on how
the money is spent (ex. welfare reform,
education, law enforcement)
90Mandates
- A federal requirement that a state undertake a
specific activity or provide a service - Most mandates apply to Civil Rights and the
Environment - Often times the states or local govts have to
pay the bill of the mandate set by Congress
unfunded mandates
91Devolution
- Devolution is the return of power to the state
governments - Idea is fueled by distrust of the federal
government and the desire to save money by
reducing the size of the bloated federal
government - Governors and Mayors really like this gives
more local control
92Devolution Example
- Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 - Eliminated welfare and transferred the money to
states as block grants - States received wide latitude on how to
administer workfare but with the knowledge that
Congress was counting on anti-poverty spending - Strings attached head of family must work or
lose benefit lifetime benefits limited to 5
years unmarried mother lt 18 only receive if
stay in school and live with adult immigrants
ineligible for 5 years
93Federalism is good
- Living under 2 governments is great
- Built on compromise, promotes unity
- Govt duties can be split up
- Brings govt closer to people
- Allows for state govt to address issues in
unique regions of the country - Allows states to experiment with policy before
enacting it at the federal level Ex. Vermonts
free health care for children or Masschusetts
health care (which is what Obamacare is based
upon)
94Federalism is bad
- Living under 2 governments is bad
- States can impede progress of Nation
- States are unequal
- States have different policies
- Easier for states to be dominated by interest
groups than a whole nation