AP Constitution and Federalism

1. AP UNIT ONE
(CONTINUED)
THE CONSTITUTION
AND FEDERALISM

2. The Framers of the
Constitution
 55 delegates met in Philadelphia to
revise (but later replace) the Articles
 Known as the Framers - well-educated,
politically savvy men of property
 Ex: George Washington, James
Madison, Ben Franklin, Alexander
Hamilton, Roger Sherman, William
Paterson, etc.

3. Philosophies of the Framers
 factions- groups within gov’t that are in
conflict with one another over policy
(ex: political parties, interest groups)
 Framers saw factions in people with
property vs. those without
 Rights like property must be protected
and factions (minority or majority) kept
from taking control
 Madison addresses factions in
Federalist No. 10

4. Problems at the Constitutional
Convention
1.) State Equality: How would the states be
represented in the new gov’t?
 New Jersey Plan - unicameral legislature
(one house) with equal representation (each
state has same # of representatives)
OR
 Virginia Plan - bicameral legislature (two
houses) with representation based on state
population (bigger state pop. = more
representatives)

5. SOLUTION: The Connecticut
Compromise
 Bicameral legislature
 Senate with equal representation (each
state gets two senators)
 House of Representatives based on
state pop. (more pop = more reps)

6. 2.) Population Equality: How do we deal
with slavery?
SOLUTION: 3/5 Compromise
-3 out of 5 slaves would count toward
state representation
3.) Voter Equality: Who gets to vote?
SOLUTION: Let the states decide
voting qualifications.

7.  4.) Economics: How do we stabilize the American
economy and keep the states in line?
SOLUTION:
 Give Congress the power to:
-tax, spend, borrow, and coin money
-regulate interstate and international commerce
(trade)
-build roads and post offices
 Also prohibit the states from:
-making their own money
-taxing imports from other states

8. 5.) Individual Rights: How do we protect them?
(pre-Bill of Rights)
SOLUTION:
-writ of habeas corpus - proof must be shown
by an officer in court as to why you’re being
arrested
-no bills of attainder (law punishes without trial)
-no ex post facto laws (punishment for past
actions at the time it was legal)
-criminal cases have trials by jury

9. The Madisonian System
 James “J-Mads”
Madison--> Father of
the Constitution
 Thought gov’t was in
danger of tyranny by
factions, especially
the majority
 Question: How do we
keep the majority
from controlling
everything?

10.  ANSWER: Limit power of the majority
whenever possible.
-establish a republic - form of gov’t
where people rule through elected
representatives, not directly (aka
indirect democracy)

11. Limiting Gov’t Under
Madison’s System
 Separation of Powers - each branch of gov’t
(legislative, executive, judicial) is mostly
independent so that their powers do not
conflict with each other and power can’t be
consolidated into one branch
 Checks and Balances - system where the
branches must approve/regulate the actions
of the others to balance power and keep all
branches equal

13. Ratification
 The Constitution was signed on
September 17, 1787
 needed 9 out13 states to ratify
(approve) it before it could go into
effect
 Madison, Hamilton, and Jay write a
series of 85 essays called The
Federalist Papers to convince states
like NY to ratify

14. The Debate Over Ratification
Team Federalist
 strong national gov’t
(weak state gov’ts)
 gov’t run by the
landowners, educated,
and experienced
 indirect elections of
officials with longer
terms
 Constitution adequately
protected rights already
Team Anti-Federalist
 strong state gov’ts
(weak national gov’t)
 gov’t run by the
common people
 direct elections of
officials with shorter
terms
 wanted Bill of Rights to
protect individual rights

15. Outline of the Constitution
 Constitution - the basic set of laws for
a country; our “instruction manual” for
gov’t and highest law of the land
 The U.S. Constitution has 7 articles
(sections)

22.  Art. I - Legislative Branch
 Art. II - Executive Branch
 Art. III - Judicial Branch
 Art. IV - Concerning the States
 Art. V - Amending the Constitution
 Art. VI - Supremacy of the Constitution
 Art. VII - Ratification

23. Amending the Constitution
 The Constitution is a “living document”
that can be changed over time as
needed
 Has 27 amendments (changes to the
original text)
 First 10 amendments = The Bill of
Rights

24. How to Formally Amend the
Constitution
4 methods:
 1.) 2/3 each house of Congress proposes
it, 3/4 state legislatures (38 states) ratify
(used 26x)*
 2.) 2/3 each house of Congress proposes,
3/4 state conventions ratify (1x)
 2.) 2/3 of national convention proposes, 3/4
state legislatures ratify (x)
 4.) 2/3 national convention proposes, 3/4
state conventions ratify (x)

25. Informally Changing the
Constitution
 Actions in gov’t can “unofficially”/informally
change the Constitution (not its literal text)
Changed through:
- judicial interpretation (ex: court rulings)
- political actions (ex: political parties shape
and control election processes)
- Increased expectations of policymakers (ex:
expansion of president’s powers in times of
war)

26. MARBURY V. MADISON
(1803)
 William Marbury was denied a judicial
appointment and used the Judiciary Act of
1789 to ask the Supreme Court to hear his
case
 Importance of the Ruling: established the
principle of judicial review - The courts
have the power to interpret the meaning of
the Constitution and to declare gov’t laws
and actions to be unconstitutional
– Chief Justice Marshall said law was
unconstitutional because SC did NOT have
authority to hear his case first and that the law
gave SC unconstitutional powers

27. Organizing Gov’t
 federalism - the division of gov’t power
between national and state gov’ts
– Both levels of gov’t rule over the same population
of people
– i.e. we live under TN state laws and national
(federal) laws at the same time
 opposite of a unitary government -
consolidation of power in one central gov’t
 confederation - gov’t with a weak central
gov’t and strong sectional gov’ts (ex: states)

28. Supremacy of National Law
 supremacy clause - found in Article
VI, states:
– Constitution is the highest law of the land
– no gov’t law/action (national or state) can
overrule it
– state laws are subordinate to national
laws

29. Powers of the Federal Gov’t
 enumerated powers - powers
specifically addressed in the
Constitution
– Ex: Art. I gives Congress the power to tax,
spend, declare war, regulate trade, coin
money, etc.
 inherent powers – powers all gov’ts
have by nature of being gov’t (ex:
regulating immigration, acquiring land,
etc.)

30.  implied powers - powers “hinted at”/implied
by the Constitution (often up to
interpretation)
 based on the elastic clause (aka the
Necessary and Proper Clause) - Art. I Sec. 8
Cl. 18
– Congress can make laws that are needed and
appropriate for them to carry out their
Constitutional duties, even if they’re not
specifically mentioned in the Constitution (ex:
banks, food inspection, etc.)

31. McCulloch v. Maryland
(1819)
 State of Maryland taxed its branch of
the national bank, believing the Bank of
the U.S. to be unconstitutional because
it was not mentioned in the Constitution
 Importance of the Ruling:
– Enforced that states were subordinate to
national law
– Enforced the implied powers of the
national gov’t to create a national bank

32. (Interstate) Commerce Clause
 Congress can regulate interstate and foreign
commerce (trade)
Can regulate:
-commerce on roads, waterways, and airways
-instruments that carry out commerce (ex: vehicles,
ships, etc.)
-items that move across state lines (physically or
electronically)
-matters that have a close effect on commerce
 Along with the Necessary and Proper
Clause, the Commerce Clause has
GREATLY broadened Congress’s powers

33. Powers of State Gov’ts
 reserved powers - powers not given
to the national gov’t by the Constitution
and not forbidden to the states are
reserved/“left over” to the states
(*found in the 10th Amendment*)
– Ex: national elections, speed limits,
marriage laws, etc.

34. Shared Powers
 Concurrent Powers - powers that are
SHARED between the national and
state gov’ts
– Ex: taxes, making laws, enforcing laws,
borrowing money, creating courts

36. Relationships Between the
States
 Full Faith and Credit Clause - states
must recognize the decisions, records,
and rulings of other states
 Privileges and Immunities Clause -
states can’t discriminate against
citizens of other states (with
exceptions, like voting in state
elections)
 extradition - states must return
fugitives to the state in which they
committed their crime

37. Types of Federalism
 Dual federalism - the national and
state gov’ts each have their own
responsibilities and are sovereign in
their own areas/“layers” (think “layer
cake”)
 Ex: states control national elections,
education, build roads
 National gov’t coins money, declares
war, runs post offices

38.  Cooperative federalism - the national
and state gov’ts must share power and
policy responsibilities (think “marble
cake”); they’re “mixed” partners in gov’t
 Ex: both national and state gov’ts
investigate crimes, are involved in
healthcare, education, maintaining
highways, etc.

39. $ Fiscal Federalism $
 fiscal federalism - when the federal
gov’t provides funding (called grants-
in-aid) to the states to carry out gov’t
activities (laws, mandates, programs,
etc.)
 can be used to influence actions of the
states (if states want the money, they
have to follow the federal gov’t rules)
– strings attached! (ex: $ to build highways
= states setting drinking age to 21)

40. Types of Grants
1.) categorical grants -states can only
use this funding for *specific* things as
the federal gov’t directs
-some argue these grants weaken state
officials’ power and influence
– project grants - given for specific
purposes to the best chosen applicant (ex:
research)
– formula grants - legislation decides how
they are given, not applications (ex:
welfare)

41. 2.) block grants - broader grants that
states have more choice in deciding
how they’re spent in a certain area (ex:
community development)

42. Mandates
 Orders by the federal government for
the states to implement programs if the
states hope to keep federal funding
 Sometimes Congress doesn’t set aside
money for a law and states have to pay
for it  unfunded mandates
 Ex: Medicaid (low-income health care)
– The bigger the federal gov’t makes these
programs, the more the states have to pay
for them

44. Devolution
 devolution - the transfer of policy
responsibilities from the national gov’t
to the state gov’ts
– Basically, making national gov’t smaller by
giving states more responsibility in
governing (ex: welfare implementation,
etc.)