Intellectual Origins of the Constitution

• enlightenment thinkers - Locke, Hobbes, Rosseau, Montesquieu

  • European thinkers and writers figured ways to challenge the tradition government style

  • Ben Franklin, Jefferson, Madison all used enlightenment ideas to justify their opposition

    • Locke:

      • He believed in the natural rights of individuals, including life, liberty, and property.

      • government's primary purpose was to protect these rights

      • If a government failed to do so, the people had the right to rebel and establish a new one.

    • Hobbes:

      • Without a strong central authority, society would descend into chaos and violence

      • Social contract, where individuals surrender some of their freedoms in exchange for protection

      • The concept of a strong federal government with limited powers can be traced back to Hobbes' belief

    • Rosseau:

      • idea of the general will - he collective voice of the people

      • The notion that government should reflect the desires and interests of the majority can be seen in the democratic principles of representation and voting rights

    • Montesquieu:

      • Theory of separation of powers

      • He advocated for a system of checks and balances, where different branches of government would have distinct powers to prevent tyranny

      • This principle is evident in the division of powers among the executive, legislative, and judicial branches

Key Enlightenment Ideas

• reason: logic and facts -→ solve social problems

• natural laws: regulate human society -→ classes, rights, safety, security

• progress: discovery of laws of gov -→ improve society

• liberty: intellectual, social freedom

• toleration: opposed superstition, intolerance, and bigotry

• power: influence over actions

• authority: the right to use that power

• legitimacy: the need to have power

Political Forces that Influence Founders

• English common law: precedence that is established by court that holds the same significance as law

• constitution: limits the gov -→ tells exactly what congress can and can not do -→ no over powerful gov

• Judeo-Christian heritage: Christian religion supports the democracy -→ there are elements that help enforce different laws

  • ex. in God we trust or the pledge of allegiance

• republicanism: elected representees make decisions

• civil liberties: protection from the gov - what the gov cannot do or take away from the people

• capitalism: enables economic property - you can earn however much money you can regardless of gov

Articles of Confederation (AOC) - the was scratched later b/c it did not work in the long-term and missed the mark on how much power the gov needs to have

• created a confederation gov with friendship between the states

• national gov was weak -→ each state retained sovereignty and freedom

• each state has one vote and congress was unicameral (one house)

• there was no executive or judicial branches -→ congress handled it

• 13 states (1 vote per state)

• 9/13 states to argue to pass a law

• 13/13 states to amend AOC

Flaws of Confederation

• congress lacked the power to levy taxes -→ turned towards tariffs

• no executive authority = no means to enforce will

• no national judicial authority = no ways to settle disputes between states

• no way to regulate trade -→ no uniform currency

• no way to determine the punishment for someone who commits a crime in one state but flees to another state for refuge b/c no national judicial authority

Shays Rebellion

# Mind Map: Shays Rebellion

Shays Rebellion

Shays Rebellion

Main Branches:

1. Causes of Shays Rebellion

2. High taxes, debts, and foreclosures

• Lack of representation and unfair laws

1. Key Players

   • Daniel Shays, farmers, and state officials

2. Events during Shays Rebellion

   • Protests, court shutdowns, and armed conflicts

3. Impact of Shays Rebellion

   • Influence on the Constitution and economic/social changes

4. Legacy of Shays Rebellion

   • Symbol of resistance and reminder of early challenges

   • helped convince leaders that the AOC were weak and the need for a strong central gov

     • need a gov that can maintain order, protect property and commerce

In Philly: To revise AOC

• 12/13 state delegations - 55 delegates: 33 lawyers, 34 college grads

• Madison was the father of the constitution and there were 8 signers of the declaration with 8 being 7 current/former governors

There were discussions over…

• human nature:

  • people are self-centered and selfish

  • the love of money has influence over men

• pollical conflicts:

  • unequal distribution of property and the economic divide

• the purpose of gov

  • preservation of property -→ capitalist principle

  • fear of excessive democracy and unruly state gov

• nature of gov

  • gov should be limited and power should be divided

  • need for checks and balances

Compromise and Consensus

• the Virginia plan

  • bicameral legislature

  • representation based on state population

• new jersey plan

  • unicameral gov

  • equal representation

* controversy

• issues of slavery, representation of congress and the proportional rep vs equal rep

• compromise

  • bicameral legislature

  • house: proportional representation of population

  • senate: equal representation of population

the consequences of the compromise

• the 10 most populated states have 20 senators representing 53% of the population

• the 10 least populated states have 20 senators representing 3% of the population

3/5 compromise

• southern view: if slaves counted as part of the pop then they have more influence in the house

• northern view: how can property(slaves) count as part of the pop but you not pay for it because they are not considered “people” - if they are to be represented in congress then the taxes should reflect that - opposed to southern view

• compromise: 3/5 of all other persons and free persons count as representation and the same would go for the taxes - tax by population

• consequences: temporarily diffuses tensions -→ the matter over slavery was not solved until the 13th amendment

Economic Decisions Priorities

• strong gov was needed to Promote Growth and protect private property

• congress was given power to:

  • obtain revenue through taxing

  • pay debts

  • coin money and regulate its value

  • regulate interstate and foreign commerce

  • establish uniform laws of bankruptcy

  • punish counterfeiting

  • establish post offices and post roads

Individual Rights

• cannot be arrested without being told the crime and evidence

  • going to court and making a case but not at trial yet

  • have to be arrested and stand trial in order to inflict punishment

  • punishes a person for committing acts that were once legal but now illegal

    • up to the gov and their views

  • a right to trial by jury in criminal cases

  • cannot be asked to swear in oath regarding religion in order to hold office

Separation of Power

• legislative branch

  • article 1: made up of the house and the senate

• executive branch

  • article 2: president and the electoral college

• judicial branch

  • article 3: supreme court and all smaller court systems

*All this is to prevent tyranny

Checks and Balances

• ex.

  • congress can make laws but the president can veto it

  • congress can veto if 2/3 of house vote

  • senate must ratify treaties the president negotiates

  • the pres. has power to negotiate and nominate judges to the supreme court but the senate has advice and consent power

  • the supreme court can use judicial review to declare laws unconstitutional

  • congress can propose an amendment to reverse supreme court rulings

  • the house has impeachment powers

    • the senate does the impeachment trial

    • difficult to remove someone from office

• consequences

  • the 3 branches are not independent

  • the change is slow and a compromise is sometimes harder to reach

  • irresponsible majorities in one branch can be restrained

    • safe guards are important

Limitations of Majority Rule

• founders feared majorities could abuse their power -→ why we do not have a direct democracy

• mob mentality -→ chaos -→ decided to influence people power

• an insulated senate

  • senate was bulwark against irresponsible majorities in the house and check popular passions

  • federal elections and midterm elections and senate is elected for 6 years (1/3 of it)

  • senate is continuous body

  • state legislators choose other senators

• independent judiciary

  • judges serve for life

  • insulated from popular control

  • appointed by the president

• indirectly elected president

  • not elected by popular vote

  • electoral college used to choose “distinguished character of continental reputation”

  • electors are now “rubber stamps” for the popular votes in each state

Ratification

• 9/13 states required to approve the new constitution

• antifederalist

  • small farmers, shopkeepers, and laborers

  • favored strong state gov and weak national gov

  • called for a bill of rights -→ protection of individual liberties

• federalist

  • large landowners, wealthy merchants and professionals

  • favored strong national gov

  • wrote the federalist papers to defend the constitution

Powers of Government

• expressed powers

  • article 2 section 8

  • article 2 section 2

  • these are given to the federal government (enumerated powers)

  • ex.

    • the power to regulate foreign and interstate commerce

    • the power to tax and spend

    • the power to declare war

    • the power to coin money

• implied powers

  • article 1 section 8 clause 18

  • elastic clause - gives congress the power to make all the laws which are necessary and proper for execution by the constitution for the country

• inherent powers

  • the right to make treaties, wage war, and acquire territory

• reserved powers

  • are solely held by the states

  • established by the 10th amendment

  • ex.

    • licensing doctors

    • establishing public doctors

    • establishing local gov

    • police power: the power of the state to regulate health, safety, morals, and the general welfare of the people

• concurrent powers

  • exercised by both the national and state gov

  • ex.

    • the power to tax and borrow money

    • establish courts

• dual federalism

  • national and state gov remain supreme within their own spheres

• fiscal federalism

  • pattern of spending, taxing, borrowing, and providing money for grants in the federal system

    • categorical grants: have a lot of strings attached to money

      • ex. interstate highway - national government mainly uses this

    • block grants: fewer strings attached to money

      • ex. money given to states for homeland security

Court Cases

McCulloch vs Marylan

Central Idea:

Supreme Court case establishing federal government supremacy over states and clarifying Congress's implied powers.

Main Branches:

1. Background

   • Facts and key players

2. Arguments

   • Maryland's and McCulloch's arguments

3. Supreme Court's Decision

   • Chief Justice Marshall's opinion and rationale

4. Implications

   • Supremacy of federal government

   • Scope of Congress's implied powers

Background

• Facts: Maryland taxed the Second Bank of the United States, McCulloch refused to pay

• Key players: McCulloch and the State of Maryland

Arguments

• Maryland's (Jefferson) argument: Congress lacks explicit power to establish a national bank, states can tax entities within their borders

• McCulloch's argument: Necessary and Proper Clause grants Congress implied powers for a national bank, state taxation interferes with federal operations

• Can the national bank exist at all?

• Can the state tax the bank?

Supreme Court's Decision

• Necessary and Proper Clause empowers Congress to establish a national bank, states cannot tax federal institutions

• Rationale for decision: Federal government's supremacy over states, Congress has implied powers to carry out enumerated powers

Implications

• Supremacy of federal government: Federal laws and institutions superior to state laws and institutions, states cannot impede federal entities

• Scope of Congress's implied powers: Necessary and Proper Clause expands Congress's authority beyond enumerated powers, Congress can take actions reasonably related to its powers.

Gibbons vs Ogden

Central Idea:

The landmark Supreme Court case of Gibbons vs Ogden, which established the federal government's power to regulate interstate commerce.

Background:

• Commerce Clause of the United States Constitution

• Conflict between state and federal regulation of commerce

• NY state law gave Ogden exclusive rights to the Hudson river - Gibbons had a federal license to allow him to operate his boat

Arguments Presented:

1. Thomas Gibbons:

   • Federal license to operate steamboats

   • Interstate nature of his business

2. Aaron Ogden:

   • Exclusive state license to operate ferries

   • State's right to regulate commerce within its borders

3. State of New York:

   • Asserted its authority to regulate commerce within the state

4. United States Government:

   • Argued for federal regulation of interstate commerce

   • Challenged the state's exclusive license

Supreme Court Decision:

• Ruled in favor of Gibbons

• Established federal government's power to regulate interstate commerce

• State regulations that conflicted with federal laws were invalid

• Commerce Clause interpretation

• Impact on future cases and federal power

• Significance in shaping the balance between state and federal authority

Significance

• federal license has more right to the over the state law

• congress can regulate trade through all states

• broke down local monopolies and facilitated growing national gov economy

US vs Lopez

• Central Idea: Supreme Court case regarding the constitutionality of the Gun-Free School Zones Act

Main Branches:

1. Background of the Case

   • Gun-Free School Zones Act (GFSZA)

   • Alfonso Lopez Jr. arrested for possessing a firearm in a school zone

2. Legal Issues

   • Commerce Clause

   • Federal vs State Powers

3. Arguments Presented

   • Government's Argument

     • GFSZA falls under the Commerce Clause

     • Necessary to maintain safe learning environments

   • Lopez's Argument

     • GFSZA exceeds Congress' power under the Commerce Clause

     • Violation of state sovereignty

4. Supreme Court Decision

   • Majority Opinion

     • GFSZA unconstitutional

     • Commerce Clause does not cover possession of firearms in school zones

   • Dissenting Opinion

     • GFSZA constitutional

     • Possession of firearms affects interstate commerce

5. Impact and Significance

   • Limitation of Congress' power under the Commerce Clause

   • Clarification of federal vs state powers

   • Influence on future cases related to federal legislation

Sub-branches:

• Background of the Case

  • GFSZA

    • Passed in 1990

    • Aimed to create gun-free zones around schools

  • Alfonso Lopez Jr.

    • High school student in Texas

    • Arrested for possessing a firearm in a school zone

• Legal Issues

  • Commerce Clause

    • Article 1, Section 8, Clause 3 of the US Constitution

    • Grants Congress the power to regulate interstate commerce

  • Federal vs State Powers

    • Tension between federal and state jurisdiction

• Arguments Presented

  • Government's Argument

    • GFSZA falls under the Commerce Clause

      • Possession of firearms affects interstate commerce

    • Necessary to maintain safe learning environments

      • Prevents violence and promotes education

  • Lopez's Argument

    • GFSZA exceeds Congress' power under the Commerce Clause

      • Possession of firearms in school zones is not economic activity

    • Violation of state sovereignty

      • States should have the authority to regulate firearms in schools

• Supreme Court Decision

  • Majority Opinion

    • GFSZA unconstitutional

      • Possession of firearms in school zones does not substantially affect interstate commerce

    • Commerce Clause

• significance

  • the power of the national gov to maintain interstate commerce is not unlimited -→ reduces the national supremacy of the gov