The Necessary and Proper Clause gave Congress implied powers not specifically enumerated in the Constitution. Federalists supported this "elastic clause" because they favored a loose interpretation allowing the government to adapt, while Antifederalists opposed it fearing expanded abusive government power. Federalists believed a strong central government was necessary, but Antifederalists feared it would undermine state autonomy. Federalists thought checks and balances would protect citizens' rights, but Antifederalists argued only a bill of rights could guarantee these protections.
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This presentation provides a brief introduction to the principles of the United States Constitution, including federalism, the enumerated powers, separation of powers, checks and balances, and the limitation of government power by the Bill of Rights.
Chapter 2
The Constitution and it’s framing.
Lesson Plans
1. History and philosophy leading up to the constitution.
2. The revolution
3. Articles of Confederation
4. Constitutional Convention
5. Key Figures
6. Compromises
7. Amendments
Enlightenment and the Country’s founding
The founding of the country was based in principles in the European enlightenment.
One of the Enlightenment’s goals was to base governance on rationality.
Prior to the Enlightenment, governance was justified through tradition rather than reason.
Locke v Hobbes
Hobbes argued that the rationality for government was to prevent the state of nature.
Hobbes argued that life without the state would be a war between all and nasty, brutish and short. He advocated for a dictator to prevent this.
Locke disagreed. Locke argued that people would rather deal with what he called the mischief of foxes and polecats than to be devoured by lions.
This means that conflicts between individuals are manageable, but a tyrannical state is impossible to avoid.
Locke’s justification for a state is the social contract which is an agreement that the state protects rights. However if a state abuses its people, then it loses its legitimacy.
Locke’s principles drove the American Revolution.
The Revolution
The colonies originally had more freedom to run their own land prior to the Seven Years War (war between France and England).
The colonists were prevented to settle past Appalachia.
To pay back the taxes that resulted from the Seven Years War, England levied taxes on the colonists.
Colonists demanded representation in Parliament.
Stamp Act, (Tax on Paper goods) Townsend Act (Tax on glass, Tea, Paint)
The Colonies boycotted British Manufacturing goods.
Britain sent troops to the colonies, leading to an altercation with the troops known as the Boston Massacre
Britain passed an act that granted a monopoly on the British East India Tea Company, which led to the “Boston Tea Party.”
The Revolution cont.
These acts led to the state of Massachusetts to revolt, followed by the rest of the colonies.
The Declaration of Independence laid out the principles that drove the colonies to revolt against England.
This listed out the ways that Britain abused its power regarding the Social Contract.
“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”
This quote has driven the ideals in which we govern ourselves.
Articles of Confederation
Immediately following the revolution, the new nation agreed on the Articles of confederation.
The articles of confederation is the governing body that ruled the nation between the end of the Revolution and the creation of the constitution.
A confede ...
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2. Necessary & Proper
Clause
Article I, sec. 8, paragraph 18:
“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.”
Also known as the Elastic Clause
This part of the Constitution gives Congress what
are considered “implied powers” (those that are
assumed to be true without being specifically
stated).
3. Necessary & Proper
Clause
⁇ How would the Federalists and Antifederalists feel
about the Necessary and Proper Clause? Explain.
4. Necessary & Proper
Clause
Federalists
favored a loose
interpretation of the
Constitution
supported the “elastic
clause”
believed the
government would
need to adapt to
unforeseen
circumstances
Antifederalists
favored a strict
interpretation of the
Constitution
opposed the “elastic
clause”
feared a government
that could expand its
powers would be more
likely to abuse its
power
5. States’ Rights
Regarding power of the states, how did the
Federalists feel about states having the majority of
the power?
Regarding power of the central government, how
did the Antifederalists feel about the central
government having too much power?
6. States’ Rights
Federalists
Believed a strong central
government was
necessary to make sure
that the states would
follow laws and work
together
A true central
government would
create consistency
throughout all of the
states
Antifederalists
States viewed
themselves as
independent and had
just fought a war to get
rid of a strong central
government
Feared a strong
central government
would take power and
autonomy away from
the states
7. Protecting Rights
What did the Federalists think about the rights of the
people being protected?
What did the Antifederalists think about the rights of
the people being violated?
8. Protecting Rights
Federalists
Checks & Balances
would protect the
people from an
abusive government
State Constitutions
already had bills of
rights that protected
the people
Antifederalists
Feared a strong central
government would be more
likely to abuse its power
and violate the rights of the
people and the states
In the Constitution, Article I,
sec. 9 had a few
protections:
Habeas Corpus
No Bills of Attainder
No Titles of Nobility
9. Protecting Rights
Federalists
creating a list of
EVERY right would not
be possible, and by
listing rights, any that
would not be included
may not be protected
Antifederalists
only by adding a bill of
rights could the people
and the states be
guaranteed the central
government would not
violate those rights
10. Protecting Rights
Habeas Corpus
protection against the government arresting a person
without a LEGAL reason
Bill of Attainder
a law that allows a person to be convicted WITHOUT a
trial
Titles of Nobility
a granting of special privilege by the government to a
person by setting them above all others in society
for example, in England there were knights, lords, dukes,
etc.