Constitutional Underpinnings How is the Constitution structured Do

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Constitutional Underpinnings How is the Constitution structured?

Constitutional Underpinnings How is the Constitution structured?

Do Now Recall our conversations earlier this year and answer the question: What were

Do Now Recall our conversations earlier this year and answer the question: What were some of the major problems associated with the Articles of Confederation ?

A living document? Constitution of the United States, the fundamental law of the United

A living document? Constitution of the United States, the fundamental law of the United States of America. Why would Thurgood Marshall insist In 1987, Supreme Court Justice Thurgood that the Marshall delivered a lecture, "The Constitution: A Living Document, " in which Constitution be a he argued that the Constitution must be living document? interpreted in light of the moral, political, and cultural climate of the age of interpretation.

Constitutional Convention was held in Philadelphia, Pa. , between May 25 and Sept. 17,

Constitutional Convention was held in Philadelphia, Pa. , between May 25 and Sept. 17, 1787, where the Constitution was drafted. Constitution was written to serve the varied and changing needs of Americans by allowing Congress and the courts to amend the laws to meet the demands of the people.

Amendments The Constitution's 27 amendments, added over a period of 200 years, have in

Amendments The Constitution's 27 amendments, added over a period of 200 years, have in most cases plugged minor loopholes rather than changed the focus or the general structure of the document

Why was it difficult for the framers to reach certain agreements during the convention?

Why was it difficult for the framers to reach certain agreements during the convention?

NJ vs. VA Plan The New Jersey Plan was proposed by William Paterson and

NJ vs. VA Plan The New Jersey Plan was proposed by William Paterson and the Virginia Plan was proposed by Edmund Randolph.

DISCUSS! Come to a consensus: What plan seemed to correct the problems facing the

DISCUSS! Come to a consensus: What plan seemed to correct the problems facing the country the most? Why is that the case?

How did each plan reflect the sentiments of the political parties? How could a

How did each plan reflect the sentiments of the political parties? How could a compromise be reached?

The Connecticut Compromise devised by Roger Sherman provided the following solutions: - 2 House

The Connecticut Compromise devised by Roger Sherman provided the following solutions: - 2 House Congress (Senate and House) - ⅗ Compromise - Voting laws were controlled by the states

Representation of Small vs. Large States Why would some Californians want to break apart

Representation of Small vs. Large States Why would some Californians want to break apart and create 6 new states?

Do Now: Consider the following exercises of governmental power. Which are best left to

Do Now: Consider the following exercises of governmental power. Which are best left to the states, and which seem more appropriate exercises of federal power? Please explain your rationale. 1. speed limits on interstate highways 2. the decision whether or not to recognize gay marriages 3. limits on emissions from power plants 4. the decision whether or not to allow importation of drugs from Canada 5. the decision whether or not to allow a particular drug to be sold at all

Mixed Government The framers of the Constitution wanted to include the best aspects of

Mixed Government The framers of the Constitution wanted to include the best aspects of three forms of government: Democracy, rule by the common people: House of Representatives Aristocracy, rule by aristocrats, the intelligent, educated, wealthy: Senate Monarchy, rule by a king or queen: President

Article 1 - Legislative Branch Article 2 - Executive Branch Article 3 - Judicial

Article 1 - Legislative Branch Article 2 - Executive Branch Article 3 - Judicial Branch

Federal Form Sovereignty is divided between the national government and the state governments.

Federal Form Sovereignty is divided between the national government and the state governments.

Article I, Section. 10. No State shall enter into any Treaty, Alliance, or Confederation;

Article I, Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports. . , No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. How are state rights limited in this section of Article I? Why are these restrictions so significant?

Do Now: Take the New York Times homework article and discuss the following question:

Do Now: Take the New York Times homework article and discuss the following question: When it is absolutely necessary for the federal government to interfere with state matters (powers that are reserved by the states)?

Federalism A way of organizing the nation so that two or more levels of

Federalism A way of organizing the nation so that two or more levels of government share formal authority over the same area and people (federal, state, and local governments).

Why Federalism? The term federalism does not occur in the Constitution! 18 th century

Why Federalism? The term federalism does not occur in the Constitution! 18 th century Americans did not think of themselves as Americans State loyalty was so strong that states right had to be preserved Central government alone would have been impractical because transportation/communication systems were cumbersome

Where it gets complicated! So we have already established what powers are bestowed upon

Where it gets complicated! So we have already established what powers are bestowed upon the states, federal government AND which are shared - What are these called again? BUT… things can get complicated along the way! For instance, Texas protects the safety/welfare of its citizens but NATIONAL government can pass certain laws/policies: - Social Security - Medicare

Why is the federal government able to intervene in state matters?

Why is the federal government able to intervene in state matters?

Specific Powers of the Federal Government - Expressed Powers are clearly outlined in the

Specific Powers of the Federal Government - Expressed Powers are clearly outlined in the Constitution (also known as the enumerated powers) - Implied Powers are not clearly outlined but are reasonably suggested (Article I, Section 8, Clause 18 “necessary and proper clause) - Inherent Powers are given because the nation is a sovereign state in the international community (immigration reform, deport aliens, and to acquire territory)

National Supremacy In a nutshell… Article VI, Section 2 It states that the following

National Supremacy In a nutshell… Article VI, Section 2 It states that the following three items are the supreme law of the land: “This Constitution and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding. ” 1) The Constitution 2) Laws of the national government, as long as they uphold the Constitution 3) Treaties (can only be made by the national government)

National vs. State Governments - Obamacare - Marriage Equality - No Child Left Behind

National vs. State Governments - Obamacare - Marriage Equality - No Child Left Behind Laws are passed that technically infringe upon states rights!

What is the Affordable Care Act? The Patient Protection and Affordable Care Act -

What is the Affordable Care Act? The Patient Protection and Affordable Care Act - Passed in the Senate on December 24, 2009 - Passed in the House on March 21, 2010 - Signed into law by President Obama on March 23 rd, 2010 - Upheld in the Supreme Court on June 28, 2012.

What does the bill do for us? Expand healthcare coverage, Hold insurance companies accountable

What does the bill do for us? Expand healthcare coverage, Hold insurance companies accountable (can’t deny for pre-existing conditions) Lower health care costs Guarantee more choice (insurance companies) Enhance the quality of care for all Americans.

Who doesn’t like Obamacare? - Insurance Companies - Republicans - Certain Small Businesses

Who doesn’t like Obamacare? - Insurance Companies - Republicans - Certain Small Businesses

Do Now: Take out the Forbes article and address the following question in your

Do Now: Take out the Forbes article and address the following question in your groups: Come to a consensus! Should the government interfere with issues typically determined by the states? Why or why not?

How is a marble cake different from a layer cake? How can this help

How is a marble cake different from a layer cake? How can this help define dual and cooperative federalism?

Dual vs. Cooperative Federalism Initially, the US Government was based upon the notion that

Dual vs. Cooperative Federalism Initially, the US Government was based upon the notion that state and federal powers were completely distinct and separate (dual federalism) but now these entities share some of these powers (cooperative federalism).

The Power of the Federal Government Mccullough vs. Maryland In 1819 the issue of

The Power of the Federal Government Mccullough vs. Maryland In 1819 the issue of state vs. national power came before the Supreme Court over the state of Maryland issuing a $15, 000 tax to the Baltimore branch of the Second Bank of the US.

What does this chart reveal about the economic relationship between national and state government?

What does this chart reveal about the economic relationship between national and state government?

Fiscal Federalism Fiscal federalism is where national government supplies grant-in-aid (federal funds) appropriated by

Fiscal Federalism Fiscal federalism is where national government supplies grant-in-aid (federal funds) appropriated by Congress for distribution to state/local governments.

Key Terms Grant-in-aids: grants of federal money or other resources to the States and/or

Key Terms Grant-in-aids: grants of federal money or other resources to the States and/or their cities, counties, and other local units - Revenue sharing: 1972 -1987 Congress gave an annual share of the huge federal tax revenue to the states and their cities, counties and townships (no strings attached) - Categorical Grants: made for some specific and defined purpose: for school lunches, construction of airports. - Block Grants: grants that can be used for a variety of purposes (health care, social services, welfare) and have less string attached so States have more freedom deciding how they can spend the money

What would you do? Drunk driving fatalities are surging among late teens across the

What would you do? Drunk driving fatalities are surging among late teens across the country. Imagine that you are a Congressperson tasked with addressing this issue. What legislation would you propose? How would it work?

National Minimum Legal Drinking Act 1984 Written by Senator Frank Lautenberg (D-NJ) and influenced

National Minimum Legal Drinking Act 1984 Written by Senator Frank Lautenberg (D-NJ) and influenced by Mothers Against Drunk Driving (MADD), required all states to enforce a minimum legal drinking age of 21 or else risk losing 10% of all federal highway construction funds As the minimum legal drinking age was still left to the discretion of the state, the act did not violate the 21 st amendment which reserved the right to regulated alcohol to the states. Act controlled the distribution of anywhere from 8 to 99 million dollars, depending on the size of the state. The act gave a strong incentive for states to change the drinking age to 21.

The Mandate “Blues” States sometimes need to meet certain requirements like providing additional services

The Mandate “Blues” States sometimes need to meet certain requirements like providing additional services or are penalized by not receiving aid. Medicaid has been expanded in recent years and become more expensive National government pays the majority but the states need to pay a portion States also need expand coverage to additional individuals within certain populations In 2012, The Supreme Court held that the Affordable Care Act of 2010 had gone too far. Congress can offer money to the states to expand Medicaid and attach conditions to grants, but can not penalize states that refuse to participate by reducing funds.

What would you do? A new piece of legislation has passed mandating states to

What would you do? A new piece of legislation has passed mandating states to provide access to certain state buildings to people with disabilities. The federal government is not providing any funds to pay for this project. As a part of the state legislature, do you believe that this is fair? How would you petition the government to gain the funding that you need?

Americans with Disabilities Act 1990 Required states facilities (state college and universities) to make

Americans with Disabilities Act 1990 Required states facilities (state college and universities) to make buildings accessible to individuals with disabilities but did not allocate funds to implement this policy.

Do Now: How do grant in aid mandates influence the relationship between the national

Do Now: How do grant in aid mandates influence the relationship between the national government and the states? (Negative? Positive? )

Commerce Clause The Commerce Clause has become the greatest source of federal power under

Commerce Clause The Commerce Clause has become the greatest source of federal power under the Constitution. Congress had no power to regulate commerce under the Articles of Confederation, and the states acted in a variety of ways to restrict the flow of commerce between one another.

Commerce Clause Article I, Section 8, Clause 3 "To regulate Commerce with foreign Nations,

Commerce Clause Article I, Section 8, Clause 3 "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".

Watch! http: //www. pbs. org/tpt/constitution-usa-peter-sagal/classroom/episode-1 federalism/ Is it fair that a local business owner

Watch! http: //www. pbs. org/tpt/constitution-usa-peter-sagal/classroom/episode-1 federalism/ Is it fair that a local business owner has to be caught between the laws of the state and federal government? Whom should he listen to? Who wins—state or federal power? Why?

Compassionate Use Act California passed the “Compassionate Use Act, ” which allowed for the

Compassionate Use Act California passed the “Compassionate Use Act, ” which allowed for the use of medical marijuana. The Defendants (Raich) was growing and using marijuana for medicinal purposes. She was compliant with state laws when arrested, but guilty under federal DEA laws at the time. The Defendant sued the Attorney General, arguing that Congress had exceeded their interstate commerce clause.

Wickard v. Filburn (1942) Roscoe Filburn grew more agricultural goods on his farm than

Wickard v. Filburn (1942) Roscoe Filburn grew more agricultural goods on his farm than the government allowed. After suing the government, Filburn won the case after proving that the fine was a deprivation of his property without due process of law. Afterwards, Secretary of Agriculture Claude Wickard appealed the decision, and eventually had the lower court’s decision overturned.

Outcome Even respondents acknowledge the existence of an illicit market in marijuana; indeed, Raich

Outcome Even respondents acknowledge the existence of an illicit market in marijuana; indeed, Raich has personally participated in that market, and Monson expresses a willingness to do so in the future. More concretely, one concern prompting inclusion of wheat grown for home consumption in the 1938 Act was that rising market prices could draw such wheat into the interstate market, resulting in lower market prices. Wickard, 317 U. S. , at 128. The parallel concern making it appropriate to include marijuana grown for home consumption in the CSA is the likelihood that the high demand in the interstate market will draw such marijuana into that market. While the diversion of homegrown wheat tended to frustrate the federal interest in stabilizing prices by regulating the volume of commercial transactions in the interstate market, the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety. In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity.

Justice O’Connor’s Opinion: Relying on Congress’ abstract assertions, the Court has endorsed making it

Justice O’Connor’s Opinion: Relying on Congress’ abstract assertions, the Court has endorsed making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use. This overreaching stifles an express choice by some States, concerned for the lives and liberties of their people, to regulate medical marijuana differently. If I were a California citizen, I would not have voted for the medical marijuana ballot initiative; if I were a California legislator I would not have supported the Compassionate Use Act. But whatever the wisdom of California’s experiment with medical marijuana, the federalism principles that have driven our Commerce Clause cases require that room for experiment be protected in this case.

Justice Thomas’ Opinion: Respondent's local cultivation and consumption of marijuana is not "Commerce. .

Justice Thomas’ Opinion: Respondent's local cultivation and consumption of marijuana is not "Commerce. . . among the several States. " Certainly no evidence from the founding suggests that "commerce" included the mere possession of a good or some personal activity that did not involve trade or exchange for value. In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana. and If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress' Article I powers – as expanded by the Necessary and Proper Clause – have no meaningful limits. Whether Congress aims at the possession of drugs, guns, or any number of other items, it may continue to "appropria[te] state police powers under the guise of regulating commerce. "

Do Now: Take out your documents from yesterday and address the following in your

Do Now: Take out your documents from yesterday and address the following in your groups: Do you think that this case was more about drugs or money? Why? ?

Economics of the Constitution - Many nations have adopted written constitutions but have failed

Economics of the Constitution - Many nations have adopted written constitutions but have failed nonetheless to grow economically. - How is it that the U. S. Constitution became an effective force in promoting economic growth within a market system?

Economic Powers of the Federal Government The Constitution provided a system of well defined

Economic Powers of the Federal Government The Constitution provided a system of well defined federal powers that allowed for a market economy to develop. Enforcement of contracts Regulation of interstate commerce Power to tax Power to coin money Enforcement of copyrights - Contract Clause - Commerce Clause - Taxation Clause - Coinage Clause - Copyright Clause

Political Parties Disagree on Economic Policy! Republicans Democrats Believe free enterprise has brought economic

Political Parties Disagree on Economic Policy! Republicans Democrats Believe free enterprise has brought economic growth and innovations that have made this country great. Believe that the economy is too complicated for individuals to navigate alone. Government should help stimulate a business environment where people are free to use their talents. They believe that business decisions should be guided by government officials and in the best interest of labor unions.

. . . And on Government Spending! Republicans work tirelessly to cut government spending

. . . And on Government Spending! Republicans work tirelessly to cut government spending and to eliminate government waste. Republicans believe individuals should control both their own and their government’s pocketbook – the people should authorize all tax increases. Democrats believe that government knows what is best for individuals. They argue that federal bureaucrats better understand the needs of a community than a locally elected council and the federal government should define the tax burden necessary to meet its obligations.

So, how does this pertain to marijuana?

So, how does this pertain to marijuana?

Watch! https: //www. youtube. com/watch? v=g_1 Grvpmbh. E How does Prop 64 impact the

Watch! https: //www. youtube. com/watch? v=g_1 Grvpmbh. E How does Prop 64 impact the livelihood for certain marijuana growers in California?

Prop 64 Proposition 64 allowed adults aged 21 yearsor older to possess and use

Prop 64 Proposition 64 allowed adults aged 21 yearsor older to possess and use marijuana for recreational purposes. The measure created two new taxes, one levied on cultivation and the other on retail price. Revenue from the taxes will be spent on drug research, treatment, and enforcement, health and safety grants addressing marijuana, youth programs, and preventing environmental damage resulting from illegal marijuana production.

Marijuana Sellers According to this proposition, businesses needed to acquire a state license to

Marijuana Sellers According to this proposition, businesses needed to acquire a state license to sell marijuana for recreational use. - Local governments could also require them to obtain a local license. - Businesses were not authorized by the proposition to sell within 600 feet of a school, day care center, or youth center. [3] - The initiative also prevented licenses for large-scale marijuana businesses for five years in order to prevent "unlawful monopoly power. "[8]

DISCUSS! To what extent are the pot growers concerns valid?

DISCUSS! To what extent are the pot growers concerns valid?

Article V The Congress, . . . on the Application of the Legislatures of

Article V The Congress, . . . on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which. . . shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress. . How does this article protect the rights of the states? How does the article demonstrate separation of power? Checks and balances?

Number of Amendments Twenty-seven of these, having been ratified by the requisite number of

Number of Amendments Twenty-seven of these, having been ratified by the requisite number of states, are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights.

What is this quote saying? According to James Madison, the Founding Fathers designed an

What is this quote saying? According to James Madison, the Founding Fathers designed an amendment process that “guards equally against that extreme facility, which would render the Constitution too mutable; and that extreme difficulty, which might perpetuate its discovered faults. ”

Compared to other Democracies How does our amendment process compare to other democracies ?

Compared to other Democracies How does our amendment process compare to other democracies ?

The majority of the amendments have been ratified through ¾ vote of state legislatures

The majority of the amendments have been ratified through ¾ vote of state legislatures Only ONE amendment has been ratified through ¾ state conventions (21 st amendment repealing ban on alcohol, 18 th amendment)

Formal vs. Informal Methods of Amending The Constitution Formal Amendments: Amendments can be added

Formal vs. Informal Methods of Amending The Constitution Formal Amendments: Amendments can be added formally through proposals by Congress/National Conventions and Ratification by State Conventions/State Legislatures. Informal Amendments: - Judicial Interpretation: in Marbury v. Madison (1803) - Social, cultural and legal change (i. e. Gay Marriage) - Executive Orders. . . more on this later!

Case Study: 202 years to ratify 27—Congressional salaries 25 -Sep 1789 07 -May-1992 AMENDMENT

Case Study: 202 years to ratify 27—Congressional salaries 25 -Sep 1789 07 -May-1992 AMENDMENT XXVII No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives In a nutshell: No law that would pay representative more or less in salary or other income will be allowed to take effect until after there has been another election Why would this law have taken so long to pass?

Outcome Congress has totally ignored the Twentyseventh Amendment, proceeding as if it did not

Outcome Congress has totally ignored the Twentyseventh Amendment, proceeding as if it did not exist. Since 1997, Congress has taken four COLAs (claim that these pay raises are based on a law that existed before the Twenty-seventh Amendment)