AP AMERICAN GOVERNMENT Unit Two Part 2 The Constitution, and Federalism 2 1 Unit 2 Learning Objectives Structure of the Constitution 2.4 Describe the basic structure of the Constitution and its Bill of Rights. Checking Power with Power 2.5 Analyze how the Constitution grants, limits, separates, and balances governmental power. Judicial Review 2.6 Show how the use of judicial review strengthens the courts in a separation of powers system. Changing the Letter of the Constitution 2.7 Outline the processes by which formal changes to the Constitution can be made. Unit 2 Learning Objectives Defining Federalism 2.8 Interpret the definitions of federalism, and assess the advantages and disadvantages of the American system of federalism. The Constitutional Structure of American Federalism 2.9 Differentiate the powers the Constitution provides to national and state governments. The National Courts and Federalism 2.10 Assess the role of the national courts in defining the relationship between the national and state governments. The National Budget as a Tool of Federalism 2.11 Analyze the budget as a tool of federalism, and evaluate its impact on state and local governments. Back to learning objectives 1
Structure of the Constitution. The Preamble to the Constitution We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Structure of the Constitution Article I Bicameral Congress Article II Presidency Article III Supreme Court Article IV Federalism Article V Amendments Article VI Supremacy clause Article VII Ratification Bill of Rights Checking Power with Power TYPES OF GOVERNMENT Parliamentary System No separation of powers between executive, legislative, and judicial Presidential System Separation of powers 2 6 Back to learning objectives 2
Checking Power with Power Changing the Letter of the Constitution 2.7 Outline the processes by which formal changes to the Constitution can be made. Back to learning objectives 3
Federalism a political system where political power is shared between the national government and legitimate local governments The Politics of Federalism Unitary Complete control from the center Federal Shared power between the center and the local regions Confederal Complete control by the local regions 2 11 Lines of Power in Three Systems of Government 3 12 Back to learning objectives 4
Lines of Power in Three Systems of Government 3 13 Federalism: A Bold New Plan 3 14 Defining Federalism LO 3.1 Advantages Checks the growth of tyranny Allows unity without conformity Encourages experimentation and flexibility Provides training and develops leaders Keeps government closer to the people Disadvantages Difficult to respond quickly to national problems Blocks Progress and protects local interests Lack of uniformity leads to conflict Variation in policies creates redundancies and inefficiencies Back to learning objectives 5
The Constitutional Structure of Federalism A. Article I, Section 8 - What Congress CAN do B. Article I, Section 9 - What Congress CANNOT do C. Article I, Section 10 - What States CANNOT do D. Article IV - What States MUST do A. Clause 1 Full Faith and Credit B. Clause 2 Interstate Privileges and Immunities Extradition Interstate Compacts C. Clause 3 Guarantee of Republican Government 2 16 The Constitutional Structure of Federalism Enumerated Reserved 2 17 The Constitutional Structure of Federalism Contradictions of Federalism Commerce Clause: Article I, Section 8, Clause 3 gives Federal government right to regulate interstate commerce Elastic Clause: Article I, Section 8, Clause 18 Necessary and Proper Clause expands federal power Supremacy Clause: Article VI, Clause 2 states that Federal law is Supreme and binds the states Tenth Amendment sets limits on the national power by reserving powers to the states Eleventh Amendment was added to give states Sovereign Immunity from Fedral lawsuits Back to learning objectives 6
Defining Federalism Political Debate: What is the Power of the Federal Government? Anti-Federalists Strict Interpretation 10 th Amendment 11 th Amendment Nullification: states can declare a Federal law void if they believe it is unconstitutional A. Federalists B. Loose Interpretation Elastic Clause Commerce Clause Supremacy Clause Modern: Democrats or Republicans? Alexander Hamilton The First Federalist All communities divide themselves into the few and the many. The first are the rich and the well-born; the other the mass of the people... turbulent and changing, they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the Government... Nothing but a permanent body can check the imprudence of local democracy. speech to the Constitutional Convention concerning the United States Senate, 06/18/1787 Back to learning objectives 7
Thomas Jefferson The First Anti-Federalist The States can best govern our home concerns and the general government our foreign ones. I wish, therefore...never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market. From the Papers of Thomas Jefferson, 1797 Moving to another State to escape perceived government oppression only works when 49 other States have the constitutional power to create their own unique "experiments" in governance. A dominant Central Government violates federalism as defined by our Constitution. Reforming the US in an era of terrorism and globalization requires remaking federalism at all levels. The Federal government should lead where it must and set strong, clear national goals for security and innovative growth which mixes money, mandates and flexibility. Judicial Review Marbury v.madison (1803) President Adams appoints Marbury as judge before his term expires; new President Jefferson refuses to honor appointment. Marbury sues. Constitution does not explicitly state power of Judicial Review Federalists supported judicial review; Anti-Federalists believed it had too many implied powers Decision: Court may not rule because law allowing Marbury to sue is unconstitutional. Federal Judiciary may declare Federal laws unconstitutional! It is emphatically the province and duty of the judiciary to say what the law is, and a law repugnant to the Constitution is void. -John Marshall Back to learning objectives 8
The National Courts and Federalism McCulloch v. Maryland (1819) US sets up National bank to process taxes, revenue, and coin money. Maryland sues. Decision: The US Constitution is Supreme Law so the Court can rule on the Constitutionality of state laws because they must follow US Constitution. The Federal government is supreme within its powers. The Elastic clause of the Constitution grants Congress implied powers to implement enumerated powers if not explicitly forbidden by Article I section 9. Let the end be legitimate, let it be within the scope of the constitution, and all appropriate means which are not explicitly prohibited are constitutional. -John Marshall Definining Federalism National Government ENUMERATED Article I, Section 8 Interstate Commerce Money War: Army, Navy Foreign Affairs: Tariffs, Treaties DUAL FEDERALISM Overlap CONCURRENT Supreme Court Judicial Review McCulloch v. Maryland State Governments RESERVED Article I, Section 10 Police power Roads Education Municipalities -General Charter -Special Charter -Home Rule Charter Judicial Review Interpretations of the Constitution A. Strict interpretation (Originalist) The constitution is to be followed exactly to the word as the writers intended it to be; the process of change should be through Amendment. B. Loose interpretation (Adaptive) Powers implied within the Constitution should be included in the new government to fit changes over time as interpreted by the Courts. Back to learning objectives 9