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Title: Landmark English Documents


1
Landmark English Documents
  • Magna Carta (1215) first attempt to limit the
    power of the monarch
  • Petition of Right (1628) challenged the idea of
    divine right - monarch was not above the law
  • English Bill of Rights (1689) protection
    against arbitrary rule - monarch must rule with
    consent of Parliament

2
IN CONGRESS, JULY 4, 1776 The unanimous
Declaration of the thirteen United States of
America When in the Course of human events it
becomes necessary for one people to dissolve the
political bands which have connected them with
another and to assume among the powers of the
earth, the separate and equal station to which
the Laws of Nature and of Nature's God entitle
them, a decent respect to the opinions of mankind
requires that they should declare the causes
which impel them to the separation. We hold these
truths to be self-evident, that all men are
created equal, that they are endowed by their
Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of
Happiness. That to secure these rights,
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.
3
Declaration of IndependenceJuly 4,1776
  • Influenced by John Locke
  • Natural rights granted by God
  • Life, liberty, the pursuit of happiness
    (property)
  • Equality of all men
  • Principle of limited government
  • Government by consent
  • Right to rebel against tyranny

Thomas Jefferson Primary Author
4
Weaknesses of theArticles of Confederation
  • Confederate system w/one branch at the national
    level
  • Unicameral Congress - one vote per state
  • National Congress powerless to tax
  • National Congress powerless to regulate foreign
    interstate trade
  • No executive branch to enforce acts of Congress
  • No national court to settle disputes between
    states
  • Amendment ALL 13 states had to agree - unanimous
  • 9/13 majority to pass laws

5
Solutions provided by theU.S. Constitution
  • Federal System
  • Bicameral Congress (Connecticut Compromise)
  • Senate States are equally represented 2 per
    state
  • House of Representatives Based on population
    size
  • Congress given power to tax
  • Congress given power to regulate trade
  • Executive Branch to enforce laws
  • Judicial Branch to interpret laws Constitution
  • Amendment Proposed by 2/3 Congress
  • Ratified by ¾ of the state legislatures
  • 501 to pass laws

6
Articles of Confederation vs. the Constitution
  • Confederate system
  • Unicameral Congress - one vote per state
  • Powerless to tax
  • Powerless to regulate foreign interstate trade
  • No executive branch to enforce acts of Congress
  • No national court to settle disputes between
    states
  • Amendment ALL 13 states had to agree - unanimous
  • 9/13 majority to pass laws
  • Federal System
  • Bicameral Congress Senate House of
    Representatives
  • Congress given power to tax
  • Congress given power to regulate trade
  • Executive Branch to enforce laws
  • Judicial Branch to interpret laws Constitution
  • Amendment 2/3 Congress ¾ State Legislatures
  • 501 to pass laws

7
Who wrote the Constitution
  • 55 men
  • experienced in politics
  • men of wealth and prestige (elite)
  • most were formally educated
  • all were white
  • owned property
  • relatively young

James Madison Primary Author Father of the
Constitution
8
The Constitution (1789)Ratification - approval
process
  • Issues Representation, tyranny of the majority,
    governmental power
  • Federalists (James Madison, John Jay Alexander
    Hamilton)
  • Representative of the people and have a measure
    of autonomy from the people efficiency
    competency
  • Feared tyranny of the majority
  • Favored strong national government

9
Ratification of the Constitution
  • Anti-Federalists (Thomas Jefferson, Robert Yates
    Patrick Henry)
  • feared giving too much power to the national
    government
  • favored state power
  • feared aristocratic nature of governments
  • opposed the lack of a bill of rights

10
The United States of America
  • First President
  • George Washington (1789-1797)
  • Chairman of the Constitutional Convention
  • chosen President by unanimous consent by the
    members of the Constitutional Convention
  • opposed political parties
  • established tradition of serving only two terms
  • First Vice President
  • John Adams

11
Principles of the Constitution
  • Popular Sovereignty
  • Limited Government
  • Separation of Powers
  • Checks and Balances
  • Judicial Review
  • Federalism

12
Popular Sovereignty
  • The people are the source of political authority
    - (power)
  • Government by consent
  • Representative democracy (republic)
  • We the People of the United States

13
Limited Government
  • Rule of law
  • No one is above the law - including members of
    the government
  • The government must operate within the boundaries
    of the Constitution

14
Separation of Powers
  • Division of the national government into three
    co-equal branches
  • Each branch given specific responsibilities
  • Legislative Branch make laws
  • Executive Branch enforce laws
  • Judicial Branch interpret laws

15
Checks and Balances
  • System designed to prevent any branch of the
    national government from becoming more powerful
    than another branch

16
Judicial Review
  • The power of the courts to decide the
    constitutionality of laws and acts of government
  • Marbury v. Madison

17
Federalism
  • The powers of government are divided between
    national and state levels
  • Results in a dual system of government
  • Each level has some independent powers

18
FEDERALISM
NATIONAL GOVERNMENT
STATE GOVERNMENTS
SHARED POWERS
19
Federalism
  • Inherent/Exclusive Powers Powers given to the
    national government because it is the only
    representative of the entire nation (i.e., war
    powers)
  • Delegated/Expressed Powers Powers written in the
    Constitution (i.e., power to regulate trade)
  • Implied Powers Powers not exactly written in the
    Constitution - based on the Necessary Proper
    Clause
  • Reserved Powers Powers of the state government /
    10th Amendment (i.e., public schools, marriage
    laws)
  • Concurrent Powers Powers shared by both the
    national and state levels of government (i.e.,
    power to tax)

20
Layer Cake vs. Marble Cake Federalism
21
Dual Federalism
  • A constitutional theory that the national
    government and the state governments each have
    defined areas of authority, especially over
    commerce
  • Federal government has very limited delegate
    powers
  • States Rights- states have vast reserved powers
    not delegated to the federal government
  • Each entity is sovereign within its own powers
  • Powers of one cant encroach on the other
  • Article 10-US Const
  • Reserved Clause

22
Cooperative Federalism
  • Theory of federalism in which federal, state, and
    local governments interact cooperatively and
    collectively to solve common problems rather than
    making policies separately.
  • Overlapping state and federal functions
  • Most federal and state functions are
    cooperatively undertaken (highways, schools,
    hospitals)
  • Feds and states have shared powers (police,
    taxes)
  • Fragmented centers of political power
  • Article VI- the supremacy clause- the
    Constitution specifically subordinates state law
    to federal law

23
Necessary Proper Clause
  • Article I, Section 8, Clause 18
  • Basis for the implied powers given to Congress
  • Must be tied to an expressed power
  • Known as the Elastic Clause
  • To make all laws which shall be necessary and
    proper for carrying into execution the foregoing
    powers

24
Supremacy Clause
  • Article VI, Section 2
  • The Constitution and treaties of the United
    States are the supreme law of the land
  • U.S. Constitution
  • Acts of Congress Treaties
  • State Constitutions
  • State Statutes (laws)
  • City County Charters Ordinances (laws)
  • U.S. Supreme Court highest court

25
Full Faith Credit Clause
Article IV Provision for reciprocity among
states and among citizens of all states
  • Each state had to give full faith and credit to
    the official acts of all other states.

Privileges Immunities Clause
  • Citizens of any state were guaranteed the
    privileges and immunities of every other state,
    as though they were citizens of that state

26
Commerce Clause
Which one of the steamboats is correct?
  • The Congress shall have power . . . To regulate
    commerce with foreign nations, and among the
    several states, and with the Indian tribes
  • Gibbons v Ogden
  • Can a state regulate interstate?

27
Connecticut Compromise
  • Compromise between New Jersey and Virginia Plans
  • Bicameral Congress two chambers
  • House of Representatives states are represented
    according to the size of their population
  • Senate equal representation each state
    receives two seats

28
Three-Fifths Compromise
  • In Slave-owning states
  • Every five slaves would be counted as three
    people for the purposes of counting population
    size for representation in the U.S. House of
    Representatives and for purposes of taxation

29
Bill of Rights
  • 1st Freedom of Religion, Speech, Press, Assembly,
    Petition
  • 2nd Right to Keep and Bear Arms
  • 3rd Quartering of Soldiers
  • 4th Security from Unwarrantable Search Seizure
  • 5th Rights of Accused Persons in Criminal
    Proceedings
  • 6th Right to Speedy Trial, Witnesses, Trial by
    Jury in
  • Criminal Cases
  • 7th Trial by Jury in Civil Cases
  • 8th Ban Excessive Bail, Fines, and Cruel
    Unusual Punishment
  • 9th Unenumerated Rights of the People
  • 10th Reserved State Powers

30
Marbury v. Madison (1803)
  • Established the doctrine of judicial review
  • Article III - judicial powers
  • Chief Justice John Marshall
  • Issue of President John Adams appointing
    Federalists and Thomas Jeffersons Secretary of
    State James Madison refusing to deliver
    commissions.
  • Mr. Adams, the late President of the United
    States, nominated the applicants to the senate
    for their advice and consent to be appointed
    justices of the peace of the District of
    Columbia that the senate advised and consented
    to the appointments that commissions in due form
    were signed by the said President appointing them
    justices

31
McCulloch v. Maryland (1819)
  • Upheld the right of implied powers based on the
    Necessary and Proper Clause and the Supremacy
    Clause
  • Called the Bank of the United States case
  • involved the Second Bank of the United States and
    the State of Maryland
  • Supreme Court landmark case
  • unanimous decision
  • Chief Justice John Marshall

32
Grants-In-Aid
  • Federal funds provided to states and localities.
  • Typically provided for airports, highways,
    education, and major welfare services

33
Categorical Grants
  • Federal grants for specific purposes defined by
    federal law
  • Requires the state or locality to match some
    part of the federal grant
  • Formula Grants
  • States and Feds share costs of a proejct
  • Ex. (20 fed-80 state)
  • Project Grants
  • Money given out to states and localities for a
    purpose
  • Applied for by state
  • Usually research based- universities, agencies

34
Block Grants
  • Grants of money from the federal government to
    states for programs in certain general areas
    rather than for specific kinds of programs
  • Money to states with few strings attached
  • States have broad discretionary powers to use
    money as they see fit
  • Favored by Republicans/Conservatives
  • Nixon and Regan New Federalism
  • More Power to the states
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