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AP AMERICAN GOVERNMENT

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Unit TwoPart 1

The Constitution,

and Federalism

Learning Objectives

The Roots of the American Constitutional Experiment• 2.1 Show how politics before 1787 shaped the

Constitution.Constitutional Convention of 1787• 2.2 Assess the important compromises reached by the

delegates to the Constitutional Convention of 1787.

To Adopt or Not to Adopt?• 2.3 Evaluate the arguments for and against the

ratification of the Constitution.

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Strengths of theArticles of Confederation

First written constitutionNeutral negotiating forum for states

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Weaknesses of the Articles of Confederation

No Executive or JudicialOne vote for each stateNine of thirteen votes to pass lawsNo power to tax or print moneyDependent on state militias

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Shay’s Rebellion

Veterans’ Bonds and the Poll Tax

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Constitutional Convention of 17872.2 Assess the important compromises reached by the delegates to the Constitutional Convention of 1787.

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Key Principles of US Government

REPUBLICSEPARATION OF POWERSAMENDMENTFEDERALISM

Charles MontesquieuTYPES OF GOVERNMENT

• Parliamentary System� No separation of powers between

executive, legislative, and judicial

• Presidential System� Branches of Government:

�Legislative, Executive, Judicial

Political Philosophers2.1 Show how politics before 1787 shaped the Constitution.

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Key Disagreements

• Large States vs. small states

• North vs. South

• Federalists v Anti-Federalists

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Plans for the Constitution

Virginia PlanLegislature directly elected by the peopleRepresentation based on populationExecutive and Judicial elected by legislatureVeto power over state laws

New Jersey PlanLegislature selected by State legislaturesRepresentation by stateExecutive elected by legislature; Judicial appointed by Exec.Federal law supreme over state laws

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The Connecticut Compromise

The Connecticut Compromise

Bicameral LegislatureBicameral LegislatureBicameral LegislatureBicameral LegislatureHouse of Representatives House of Representatives House of Representatives House of Representatives directly elected based on populationSenateSenateSenateSenate two per state indirectly elected by state legislaturesExecutiveExecutiveExecutiveExecutive indirectly elected by electoral electoral electoral electoral collegecollegecollegecollege selected by state legislaturesJudicial nominated by Executive; approved by Senate

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The Constitution and Slavery

The 3/5ths Compromise

House of Representatives Apportionment: 3/5 CompromiseCongress could not prohibit slave trade before 1808Fugitive Slave Clause

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The Antifederalist View

Liberty could be secure only in small communitiesStates should have most of the power If there was a national government, there should be explicit restrictions on it

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Federalist Papers 10 and 51

James Madison Federalist #10: The ‘Tyranny of the Majority’ can be only prevented through a large Republic, not local democracy.Federalist #51: Separation of Powers—federalism and branches of government—means that ‘Ambition can be made to counteract ambition.’

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Federalists

James MadisonAlready Rights in Already Rights in Already Rights in Already Rights in Constitution:Constitution:Constitution:Constitution:

1. Habeas corpus2. Trial by jury3. No ex post facto law4. No Bill of Attainder

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Structure of the Constitution2.4 Describe the basic structure of the Constitution and its Bill of Rights.

• Article I – Bicameral Congress

• Article II – Presidency

• Article III – Supreme Court

• Article IV – Federalism

• Article V – Amendments

• Article VI – Supremacy clause

• Article VII – Ratification

• Bill of Rights

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Checking Power with PowerPresidential System

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Judicial Review?2.6 Show how the use of judicial review strengthens the courts in a separation of powers system.

• Origins of Judicial Review

• Constitution does not explicitly state power Judicial Review

• Federalists supported judicial review; Anti-Federalists believed it

had too many ‘implied powers’

• Marbury v.Madison (1803)

• Federal Judiciary may declare Federal laws unconstitutional

“It is emphatically the province and

duty of the judiciary to say what the

law is, and a law repugnant to the

Constitution is void.”

-John Marshall

Interpretations of the Constitution

Strict interpretation (Originalist/Conservative)� The constitution is to be followed exactly to the word as the

writers intended it to be; the process of change should be through Amendment.

Loose interpretation (Adaptive/Liberal)� Powers implied within the Constitution should be included in

the new government to fit changes over time as interpreted by the Courts.

Judicial Review2.6 Show how the use of judicial review strengthens the courts in a separation of powers system.

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Changing the Letter of the Constitution2.7 Outline the processes by which formal changes to the Constitution can be made.

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