The Constitution of the United States of America

The Constitution of the United States of America The separation of powers between the Federal Government and State Governments

Irony of Federalists’ name: � They are for what somewhat opposes the idea of Federalism. � They put the “anti-federalists” into an untenable position with their name. � Use minimum wage policy as example of why Federalism may work better than centralization…

Why a standard National minimum Wage is not a good idea Federalism would allow States to decide…

Constitution was written to strengthen the 1 st Government of the U. S. , which had been the Articles of Confederation � Under the A of C the Federal Government: � 1. No executive to enforce Congress’ laws. � 2. No national court system to interpret laws. � 3. 9 of 13 states needed to approve a law. � Supermajorities are difficult! � 4. ALL 13 NEEDED FOR AMENDMENTS! � The articles as written assured their demise!

Warm-up: Who wins the division of power in any relationship? � See: comparisons next slide.

Comparison: The Articles of Confederation and Confederate States of America: � Because each wanted a government with weak ties to a central power, they nearly guaranteed their own destruction. � The Articles of Confederation would have allowed outsiders like the French and Russians to stop the spread of our democracy, but THE CONSTITUTION would be strong enough to defend the U. S. � Confederate States (the South) were too weak to win the war. � The Union did obey its Central Government, so would win the war!

How one political party wanting limited central govt. hurts itself: � Similar to modern Republican conservatives’ desire for a small government…. � See Ronald Reagan wanting to eliminate the Education Department in 1980 s. � How would these FIRED EMPLOYEES react to Republicans for the rest of their lives? ? � Modern Democrats guarantee a growing constituency.

…weaknesses of A of C… � 5. No standing army. Why? � When one is formed WHICH AMENDMENT will counter it to protect people’s rights? � The 2 nd amendment is not just for protection from criminals…but protection from g----.

Also for protecting Against one’s own Government.

The 3 rd amendment also had to do with soldiers infringing on people’s rights. Soldiers quartered in people’s homes a good idea?

…weaknesses of A of C… � 6. � A weak navy. Key because British Navy no longer protected us.

Our merchant ships no longer protected from “privateers” The Barbary Pirates of North Africa

The Barbary Wars due to weakness of Art. Of Confederation Hand to hand combat Between Stephen Decatur and the Tripolitan Captain

9 minute clip of U. S. navy fighting pirates from 1784 (prior to Constitution) to present: http: //www. youtube. com/watch? v=Ui 8 OCi. Zs. WGw

1 ½ minute clip of CAPTAIN PHILLIPS re: piracy in Somalia http: //www. youtube. com/watch? v=dt. Y w. V 9 Eg 56 Y

…Weaknesses of Articles of Confederation … � 7. Federal government could not regulate foreign or domestic trade: � The Constitution’s response to this will create the C_______ C_____ which will give the Federal enormous power because of the “ELASTICITY” of this CL____ �

. . domestic trade changes. . � a. ) � � Tariffs between states could not be stopped under A of C. b. ) States have own currencies (See: World Currencies) � Modern situation of legalized Marijuana in Colorado: Example of Federalism where states “do their own thing”.

…weaknesses of A of C… c. ) Cannot enforce international boycotts. These sometimes instead of WAR! A typical tally of medals below

Countries in red boycotted 1980 Olympics because of U. S. S. R. Invasion of Afghanistan

World War I boycotts would not have been possible under Articles of Confederation b. No boycotts

Sanctions/Boycotts against Iran would not have been possible under Articles of Confederation… …. c) No boycotts

Why the need for customs/ control over d. ) No Customs: international trade? Cannot stop Contraband?

Why the need for control over international trade?

Why the need for U. S. control of international trade? Taliban guarding poppy fields. Terrorists have used heroin trade to fund operations.

Economic reasons for stronger Central Government: � 1. Prevent tariffs between states. � 2. Create tariffs “against” foreign products. � In 1790 s Why might tariffs necessary? � How might tariffs hurt Americans now? � 3. Create ONE CURRENCY! � 4. Back up currency with Gold or Silver. � (will see this subject in 1896 election)

. . economic reasons for stronger central government… � 5. Pay back all states’ debts. (Hamilton) See clip below of Hamilton teaching Jefferson a lesson about need for credit and trade to establish the nation https: //www. youtube. com/watch? v=no t. Ju. FGXQ 9 w

Major extra credit: � Read Biography of ALEXANDER HAMILTON � By: Ron Chernow Clip below of Rap song from hit Broadway Show HAMILTON: https: //www. youtube. com/watch? v=t 0 a. X 8 Jy 1 t. ME See clip below regarding writer and director Of hit play on Broadway Lin-Manuel Miranda https: //www. youtube. com/watch? v=E WO 7 VZl 7 i. GA

Eventually : Federal government will use the power over trade (COMMERCE CLAUSE) to stop international slave trade. Could not have been enforced under A of C Incidentally, Hamilton had always been against Slavery!!

But from 1600 s to 1865 more than just the south benefitted….

…weaknesses of A of C. . � 8. � � Congress has no power to collect taxes. -WILL BE ABLE TO UNDER CONSTITUTION No income tax though until 1916.

The Federalist Papers 85 Newspaper articles written by Alexander Hamilton, James Madison and John Jay debating how powerful the new government should be. � Cannot go back to something like a King! � But must have a central governing authority. �

Hamilton Madison John Jay Authors of Federalist Papers

Federalist papers’ authors for strong central government � Madison eventually changed his mind because of Hamilton’s “Aspirations to power”. � MADISON MOVED FROM PURE FEDERALIST TO FEDERALISM (KNOW DIFFERENCE)(review) Washington predicted a hypothetical person coming along who would strive for power.

Irony of GW warning against too much power for one man: The irony was that Hamilton was G. W. ’s RHM. � (Re: If government has much power, who will be attracted to run it? ) � G. W. s view came from the story of Cincinnatus of Rome as humble in power, contrasted to Julius Caesar.

Cincinnatus as Humble Power hungry?

Humble George Not-so-humble Alexander?

Was Alexander Hamilton a threat to liberty? He suggested abolishing state governments. � Examples: Meiji Japan and Napoleon’s France � � This was likely only a negotiating tactic by Hamilton (A ridiculous 1 st offer; then seem to compromise. )

Jefferson’s view on strong vs. weak central government: � Malo periculosam libertatem quam quietam servitutem. �I prefer dangerous freedom over peaceful slavery. � In latin because he was referring to what happened in Rome. � Opposing argument: that without peace created by a strong government, there can be no freedom.

Web site survey to find out where you stand on power of Government: Are you Liberal or Conservative? http: //www. isidewith. com/elections /2016 -presidentialquiz? from=Fe. ZJb. Y 4 Gb

Immediate causes of Constitutional Convention: pages 238 -244 “Out of Many” text � Shays’ Rebellion (pg. 238) � Debtors vs. Creditors � Hard money vs. Inflated currency � Country vs. City � Blue collar vs. White collar

Immediate causes of CC… � Economic � Inflation: crisis (pages 239 -240) � Shortage of goods b/c British blockade; leads to high prices. � Printing of more paper currency. � Exchange rate U. S. dollar to Spanish dollar: � 1777 -3 to 1 � 1781 -146 to 1 � Depression: Often the back side of inflation Banks do not loan b/c inflation; businesses collapse

The Constitution � The � We Preamble: 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. � How might the Environmental Protection Agency’s necessary power for the “GENERAL WELFARE”(eg. : control our yards to save frogs) interfere with “LIBERTY TO. . OUR POSTERITY? ”

The Constitution � Ideas behind the 7 Articles: � 1. Baron de Montesquieu’s Spirit of the Laws and its system of Checks and Balances. � **** As much to protect the people from government as to protect each branch from one another! � 2. Inherent powers (spelled out) � 3. Implied powers (see Commerce Clause). 4. Prohibited powers � � Example: Writ of Habeus Corpus

7 Articles: General Outline �I Legislative Branch � II Executive Branch � III Judicial Branch � IV Powers to States (see also: 9 th and 10 th amendments) � V Process for Amendments � Difficult, but not impossible like A of C. � 17 have been added since the BILL OF RIGHTS � Examples: 22 nd: limited President to 2 terms. ◦ 26 th: 18 year olds can vote.

. . 7 Articles: General Outline. . � VI Agreement to pay all debts of prior Government � Wanted to appear responsible so could gain credit from European nations. � Could have disowned the prior government as a separate entity like Revolutionary governments have done: � 1917 Russia � …. Similar to Bankruptcy court. � See Bankruptcies: Detroit, Michigan and Argentina

. . 7 Articles � VII Process for Ratification *Also discussed the necessity of a Bill of Rights

I Legislative powers �I � Legislative Branch 1. House- 2 year terms so are constantly trying to please their constituents. �A. ) Power of the purse. � See: (1937) Steward Machine vs. Davis � Using the “power of the purse” to weaken state power? �See also: Driving and drinking ages.

How “power of the purse” allows Congress to control states… � Steward Machine Company v. Davis, 301 U. S. 548 (1937)[1], was a case in which the Supreme Court of the United States upheld the unemployment compensation provisions of the Social Security Act of 1935. The Act established a national taxing structure designed to induce states to adopt laws for funding and payment of unemployment compensation. The decision in Steward signaled the Court’s acceptance of a broad interpretation of Congressional power to influence state laws. � The primary challenges to the Act were based on the argument that the Act went beyond the powers granted to the federal government in the Constitution and that the Act involved coercion of the states in contravention of the Tenth Amendment-—calling for a surrender by the states of powers essential to their quasi-sovereign existence

. . Legislative: House powers. . � B. ) � Impeachment of President. …will see: only Senate can actually remove Pres.

…I legislative powers… � 2. Senate-6 � A. ) years terms so more elite/aloof from the people Ratifies Presidential appointments*(Judiciary) and treaties. � B. ) Remove the President for high crimes and misdemeanors. � -has never happened!

Executive � 4 year term. (GW made it an “ALOOF” office) � No term limits until 1951(22 nd Amendment) � Could the “kindly and courageous” FDR have been a cause of “losing the republic”? � Treaties and appointments need to be ratified by super majority (2/3 rds) of Senate. � Supreme Court can declare Executive acts unconstitutional. � See later: MARBURY VS. MADISON (1803) ◦ Judicial Review extended to Congressional laws.

Judicial Branch � Supreme Court lifetime appointments. � Gained enormous power with MARBURY VS. MADISON. � Judicial Review can only be overridden by an Amendment! � Can you name 5 Presidents? � Can you name 5 Supreme Court justices? � …. and yet, who really has the power?

Who’s got the power!? ? ? http: //www. youtube. com/watch? v=_BR v 9 w. Gf 5 pk

We’ve got the power!!

The Bill of Rights � Amendment 1 Part 1. No establishment of Religion � Included because of long history of persecution of one by the other: � The First abuse of it: Socrates’ Death!! �

. . other abuses when govt. intereferes with Religion/vice-versa… � A. 34 A. D. Pontius Pilate and Jesus.

. . Religion and Govt. mix. . with bloody results… � B. 600 -700 A. D. Muslim conquests. � C. 1100 s The Crusades. � D. 1500 s The Spanish Inquisition.

. . abuse of Religions by Govt. . � E. 1620 Puritan Emigration to New England. � !!But they then persecute “WITCHES”!! � ***F. Some of South’s excuse for slavery came from use of it in Old Testament.

Views on Religion and State � Jefferson: � Vs. “A wall of separation is needed” � Washington: “Of all the habits which lead to political prosperity, Religion and morality are indispensable. ” � Courts have ruled the following ok as a “fabric of our society”: � IN GOD WE TRUST on currency. � ONE NATION UNDER GOD in pledge. � OPENING PRAYERS in congress and supreme court. � See 1925: Scopes Trial

John Scopes was Arrested for teaching Evolution in Tennessee

Satirical newspaper on the subject

Amendment 1 � Part 2: Freedom of Speech � A. Pure Speech. � B. Symbolic Speech. See: Crash Course on Speech below https: //www. youtube. com/watch? v=Ze eq 0 qa. Ea. Lw

Flag Burning Symbolic Speech Streaking

Symbolic speech: 1925 KKK march

Historic limits on free speech � 1798 John Adams’ Alien and Sedition Acts � 1917: Espionage Act � During World War I � Court Case 1919: Schenk vs. U. S. � Schenk printed pamphlets urging men to resist the draft because WW I was being fought for big business. � Was ordered to stop because wartime. � CLEAR AND PRESENT DANGER DOCTRINE established.

Postscript: � 1936: � Senator Gerald P Nye (R) commission: Agreed with Schenk that “MERCHANTS OF DEATH” had encouraged the war.

…. freedom of speech cases….

The rest of 1 st amendment: � Freedom of Assembly � Groups can protest. � Freedom of Press � See: Freedom of Information Act 1966 � Media access to un-classified records

2 nd Amendment � Right to Bear Arms

3 rd Amendment � No Quartering of Soldiers in private homes.

4 th Amendment � 1. Search and seizure. � Question today of Govt. eavesdropping. � 2. Use of evidence.

5 th Amendment � 1. Grand Jury/Evidence to formally indict. � 2. No Double Jeopardy. (Emmett Till case) � 3. No self-incrimination. (right to silence)

6 th Amendment � 1. Speedy trial. � 2. Jury of peers and you face them. (slide 61) � 3. Witnesses on your behalf. � 4. Know accusations/evidence (Discovery)

Charles Manson

Charlie Manson’s girls

Sharon Tate

John Gotti

7 th Amendment � Re: Civil law suits.

8 th Amendment � No cruel and unusual punishment. � See the “Enlightened” method of the French.

9 th Amendment � The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [1]

10 th Amendment � The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [3] � THE 14 TH AMENDMENT WILL MITIGATE THE 9 TH AND 10 TH. prevents states or individuals from discriminating. � What types of discrimination are there? � It