Title: Feds vs. Anti-Feds
1The United States Constitution
2We the People
- We 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. - - _______ to the US Constitution
Preamble
3Our First Try
- _____________________ was the precursor to our
current Constitution. - Due to the experience with Great Britain early US
citizens wanted most of the power to remain with
the ______. - The Confederation failed to adequately maintain
order in the new burgeoning country. Why?
Articles of Confederation
states
The current U.S. Constitution favors the Federal
Government and is the basic instrument of
government and supreme law of the United States.
4Articles of the U.S. Constitution
- Almost everyone agreed on the 3 branches of
checks and balances in a federal government - Article One _______________________
- Article Two _______________________
- Article Three ______________________
Establishes the Legislative Branch
Establishes the Executive Branch
Establishes the Judicial Branch
- Article Four
- Relationship between the states and the Federal
government. - Article Five
- Describes the process necessary to amend the
Constitution. - Article Six
- Establishes the U.S. Constitution as the Supreme
law of the land. - Article Seven
- Requirements for ratification of the Constitution.
5Compromise is King
Large State v. Small State - Should the smaller states have the same power as larger ones? Slave vs. Free - How should slaves be counted in the census? Direct or indirect elections Are the masses capable of making informed decisions?
Congress vs. the Executive Should the Legislative or the Executive branch have more power? Federalists vs. Anti-Federalists Should the Federal or State Governments be in charge?
6The Great Compromise!
- Senate
- has _____ representatives from each state and
represents each state at the national level. - House of Representatives
- each state is determined by the ___________and
represents the citizens at the national level. - The President represents all the states in the
Union.
two
population
Electoral Vote or electors
7How a Bill Becomes a Law
Filibuster, Veto, Checks and Balances,
Committees, Branches of Government
8Ratification Issues
- Many delegates at the Convention opposed the
final draft of the Constitution. Issues that
defined the factions, no political parties
where yet formed. - Few limits on the Central Government.
- Federal Courts overruled State Courts.
- Senators were elected by state legislators.
- No specific rights for individuals
In short, to much power to the Federal government
9Federalists
- Federalists
- They did not want to have individuals responsible
for maintaining our rights and freedoms. They
may have lacked confidence in the masses to
understand the important duties of a democracy. - They also believed that the classical
republic/______________ style of government would
be too hard to maintain in such a ___________
country. Why?
representative
Alexander Hamilton
large diverse
10Anti-Federalists
- Anti- Federalism
- They believed that success and security resided
in a nation of _____________ all of whom owned
property and a stake in society. - They wanted to maintain the ideals of a classical
republic state where civic virtue would be
maintained because everyone would have a stake in
the outcome. - They also needed assurance against
_________________.
small farmers
Thomas Jefferson
corruption of power
11Political Philosophies
- The Federalists knew that the Constitution would
be a hard sell, so to help the ratification
process Alexander Hamilton,______________, and
John Jay wrote a series of essays
called___________________. - The Federalist Papers tried to persuade the new
citizens of America that the Constitution was
fine as it was written. - They clamed the _____________________ and checks
and balances would protect individual freedoms or
their Natural Rights and protect from corruption
of power. - Although political parties are never mentioned in
the Constitution. Their political power is
undeniable. In this case Hamilton and his fellow
Federalists manipulated the information in a
fashion that supported their positions. Today
this is called _____________
James Madison
The Federalist Papers
Separation of Powers
Political Spin
12Bill of Rights
- The process was long and hard and the Federalists
finally had to concede to the Anti-Federalists
demands for the____________ in order to get the
Constitution ratified. - However, The Supremacy Clause in Article VI of
the U.S. Constitution holds that
the_________________ and all laws and treaties
based on it, are the supreme law of the land.
Bill of Rights
Ninth and Tenth
However, The ________________ Amendment to the
U.S. Constitution specifies that powers not
granted to the national government are reserved,
or held, only by the states or the people.
federal government
13(No Transcript)
14Federalism States Rights!
- The Constitution was drafted by the
Constitutional Convention and became fully
effective in _______. The issue of states rights
vs. federal supremacy has been raging ever since.
The media often refers to this debate as
_________ or States Rights. - In the 2004 presidential elections one of the
hottest political debates concerned gay marriage.
Did the Massachusetts Supreme Court have the
right to declare restrictions on gay marriage
unconstitutional? - Unfunded Mandates - In 1997, the Supreme Court
ruled that parts of the Brady Bill were
unconstitutional. Congress could not compel
_______ law enforcement officers to conduct
background checks on gun buyers.
1789
Federalism
Local
15Todays Political Parties
- Many of the same political debates that where
argued during the founding of our country are
still debated today within our two political
parties. - Both the ____________ and the _____________today
agree that the Bill of Rights was the right way
to go. They also agree on the principal that our
governments primary duty is to secure our civil
rights. However, they disagree on how those civil
rights should be maintained.
Democrats
Republicans
- When should power remain with the Federal
Government or when should it be delegated to the
states? - When there is a disagreement over the law how
should the Constitution be interrupted? - Depending on how you feel about these subjects
often determines which political party you
associate with.
16Interpreting the Constitution
- The ______________ has the responsibility to
translate the Constitutions meanings or
interrupt it. - Americans disagree about how the language in the
constitution should be interpreted.
Supreme Court
Judge Thomas Judge Scalia
- Some people believe that the Constitution should
be interpreted strictly. They follow the literal
meanings of the framers. - Others believe that the court should merely
apply the ideas of the Constitution. They
interpret it broadly. Meaning it should be
adjusted or evolve to current situations.
17Issues
- Strict Constructionism
- They interpret the Constitution Strictly.
- These people believe that the principles of the
Constitution should be followed precisely. If
change is needed it can be amended.
- Broad Constructionism/Activist
- They interpret the Constitution broadly.
- Assume the Founders wrote in vague terms so it
would evolve with the country. - How does this issue manifest itself in todays
politics?
Gore v. Bush
Gay Marriage
Abortion Rights
18Prayer in Public Schools
- Freedom of Religion? Congress shall make no law
respecting an establishment of religion or
prohibiting the exercise thereof. Courts have
ruled that this means there should be a
separation of Church and State. But where does
the Establishment Clause end and the Free
Exercise Clause begin?
19Liberal vs. Conservative
- Accommodationists
- believe that the government should not try to
deny that Americans are a religious people and
that at least the government should acknowledge
that there is a God. Why?
- Separationists
- believe that there should be a clear line between
religion and government. Why?
- They believe that it is impossible to give equal
representation to all religions, therefore the
government should not acknowledge any or stay
neutral.
- They argue that by eliminating any reference to
religion our government is not being honest with
its citizens and is missing an opportunity to
promote morals and values in public schools.
20Special Interest Groups
- Special Interest Groups like the American Civil
Liberties Union (ACLU) and the Christian
Coalition are ____________________________________
_ _______________________________________
organized to lobby and educate politicians,
courts, and citizens on particular political
agendas.
Religion in this case. They often pressure
politicians to pass laws that either promote or
diminish the role religion plays in our society.
How?
These watchdog groups will often pay for
lawyers, advertisements, rallys etc. and work to
persuade the courts or public opinion to see
things their way.
21The Management of our Civil Rights
CentrallyFreedom fromWant
LocallyFreedom to Act
Civil RightsHuman Individual Unalienable Inaliena
ble Natural
People work better in groups
Natural Rights Phil. - John Locke etc.
Alexander Hamilton
Anti- Federalist
Liberal
Right of Center
Democrats
People work better as Individuals
Ancient Greeks Aristotle etc.
Thomas Jefferson
Federalists
Conservative
Left of Center
Republicans
22Angels or devils
- Do you see angels or devils?
- Do you see politics as a debate based on
competing self-interests that often leads to
compromises that moves a democracy forward toward
success and progress by allowing everyone to
gain? i.e. a non zero sum game. - Or do you see politics as selfish people fighting
with each other to gain power in a zero sum game
where there are only winners and losers.
Our perspective is often influenced by our
thinking.