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Chapter 2: THE AMERICAN CONSTITUTION · State Constitutions under AOC o Separation of Powers – legislative was most powerful branch in most states o Bicameral Legislature – every state but Pennsylvania; elections for lower = every year, elections for higher = two to five years o Relatively weak governors – short terms of office, legislative could change salary at any time, no veto power, elected by legislature o Property qualifications for voting – low enough for most free men to vote o Property qualifications for holding office – higher than just for voting · Articles of Confederation o State Sovereignty – states in “firm league of friendship” with other states, retained all powers not given to the national gov’t (which was not very much in the hands of Congress) o National purposes – “common defense”, “general welfare”; assist other states against “attacks made upon them” o A single governing institution by the name of Congress (Confederation Congress) – no separate judicial and executive branch o Delegates representing the states – each state legislature would select 2-7 individuals to serve in Congress for 1 year terms. Delegates could by replaced at any time and could not serve more than 3 years in a period of 6 years at a time. o Equal State Vote – each state having one vote regardless of population/geographical size o Limited Powers – Congress cannot raise taxes, or a military, and could not regulate foreign or state commerce o Supermajority requirement – on important matters, like going to war or borrowing money, 9 of the 13 states had to agree o Amendments – changes in the AOC required unanimous consent of all 13 states Weaknesses: national govt short of cash because it was dependent on the states for revenue; states ignored treaties by Congress and made commercial deals with other countries; states heavily taxed other states who had foreign goods coming through their ports so states retaliated with regulations that favored their own citizens; borders between states were in dispute (Vermont and New York); SHAY’S REBELLION 1786 debt ridden farmers angry with Massachusetts
legislature for not allowing issuance of paper money to relieve high taxes/stop farm foreclosures (1780s paper laws made it legal for citizens to borrow paper money from the govt to pay taxes/debts) Daniel Shay and 3,000 men took up arms against unlawful authority leaders appalled at rebellion but more so at weakness of the state and federal gov’ts to respond to it · Annapolis Convention o Gathering of delegates from five states that met in Annapolis, Maryland in September 1786 to address commercial problems o It called Congress to convene a constitutional convention for a more effective national govt o Federalists: fear anarchy as threat to freedom Washington and Hamilton o Anti-Federalists: fear govt tyranny Jefferson, Henry · The Constitutional Convention o Philidelphia 1787 11 states initially showed and Rhode Island never sent a representative o Not Present: Thomas Jefferson, John Adams, Samuel Adams · Virginia Plan o Throw out AOC completely o Create a strong national govt o Representation by population o National govt can veto state laws (scares anti-federalists! LOTS of power proposed for national govt here!) o Bicameral legislature (1) popularly elected (2) members elected by people in first group o An independent executive and judiciary branch · New Jersey Plan o Equal vote by states in Congress o New powers of Congress: regulate interstate commerce, raise taxes, stamps on paper, postage o National executive
o Solution: Electoral College electors, equal to the number of representatives and senators in each state, would be appointed as the state legislature saw fit and would meet in their states to vote for two persons for president, one of whom could not be a resident of the state (modified by twelfth amendment in 1804 separate states vote for president and vice president) · Congress o Bicameral (two house) o Short terms may incline representatives to do what is popular at the time, even if it be unwise for the future 6-year terms and elections would be staggered so that 1/3 of senators face reelection every 2 years · Judiciary o Less controversial delegates agreed from the beginning that separate federal courts were needed to resolve disputes under new constitution o Supreme Court to head federal judiciary with Congress retaining authority to create lower federal courts · Committee of Style creates the Final Form o September 17, 1787 George Washington calls for the population representation be increased to 1 rep per 30,000 people change passed easily (only time G.Wash spoke, actually)
o Ratification needed 9 out of 13 states popular conventions, not state powers as they existed · Bill of Rights o Individual rights protected against govt o First 10 amendments o 1787: VA and NY need to be convinced to ratify o Solidification of Feds and Anti-Feds began with the ratification process of the Bill of Rights because the Federalists wanted to make Amendments difficult to make and Anti- Federalists wanted Amendments easy to make. The Federalists insisted that America didn’t need a Bill of Rights because (1) the constitution IS a bill of rights and (2) there’s no open door for other rights if they’re not listed in the bill of rights!! (solved by Amendment 9- just because a right isn’t listed in the BofR does NOT mean that it is not in the constitution!!)
· Provisions Protecting Rights in the Constitution of 1787 (before the Bill of Rights) o Writ of habeas corpus – free someone of confinement if there are no sufficient legal grounds for holding him/her (means “have” “body”) o Bill of Attainder – convicting someone of a crime without trial PROHIBITED o Ex Post Facto Law – penalty changed/introduced after a crime is committed PROHIBITED · Institutional Design o Separation of Powers Leg, executive, judicial o Checks and Balances Each branch controls partially power exercised by another Federalist 51 there needs to be an incentive to protect office from others · Presidential vs. Parliamentary o Presidential: chief executive is INDEPENDENTLY ELECTED and CANNOT BE DISSMISED BY LEG and CANNOT SERVE IN LEG! Unified govt o Parliamentary: people vote for REPRESENTATIVES TO THE LAWMAKING BODY and the HEAD OF MAJORITY becomes chief executive, plusssss CABINET SIMILTANEOUSLY IN HOUSE AND CABINET! Divided govt · JUNE 8, 1789 Amendments Proposed December 1791 SOLIDIFIED AND RATIFIED!! · Slavery and The Constitution o 3/5 Clause Article 1, Sec 2 Five slaves equal 3 free persons · For population figures and taxing and representation
o Article 1, Sec 8 Congress regulates commerce with foreign nations and between the states o Gibbons vs. Ogden · Dual Federalism o An arrangement whereby the national government would focus on foreign affairs, national security, interstate relations, and other issues of national reach while many domestic policy issues are left to the states. · “Full Faith and Credit Clause” o States recognize others’ laws recognize a drivers license from another state, marriage · Supremacy Clause o Article VI the Constitution, as well as all treaties and federal laws, are the supreme law of the land!!!! · Conservatives states’ rights (except for role in product liability) · Liberals Federalism (except same sex marriage) · Nullification o Invalidates federal law within its own boundries has to be constitutional reason for ratification, just like in judicial review o Andrew Jackson said it was “incompatible with the union” SC succession o Dred Scott Case abolitionists vs. Pro-Slavery both used nullification to prove points · Civil War o End of succession AND nullification o Strengthened federal govt o Federal income tax o Uniform currency o Morrill Act of 1862 land grants to states support public institutions of higher education state takes the land from federal govt and sells it and profits go to University and Colleges · Civil War Amendments o 13 th^ abolished slavery
o 14 th^ due process, equal protection o 15 th^ right to vote regardless of race · Federalism in the 20th^ Century o Federal govt gives funds to many state govts grants due to greater power of taxation and ability to create currency o Catagorical grants specific purposes Congress decides o General Revenue Sharing Send tax $$$ back to states 1969 New Federalism Nixon give more authority to state/local govts o Block grants Federal govt lays out broad terms on how state should spend money o DEVOLUTION Shift of power from fed to states Categorical grants disappear, while block grants increase but Congress still likes categorical grants to keep tabs on the money they give the states and where it goes!! o Law Enforcement Federal govt increasingly received power over state law enforcement through a broad interpretation of commerce US vs Lopez · Firearm 1000ft from school The Supreme Court said this had nothing to do with interstate commerce and that it was for the state govt to handle. US vs. Morrison · Acts of violence are NOT directly associated with economic activity Lawsuits · Eleventh Amendment federal judiciary power will NOT extend to lawsuits against a state by citizen of another
Against Irish/Catholics fear that dedication to pope was greater than to the govt o Nativist Group Native born Americans restricting immigration · Restricting Immigration o Chinese Exclusion Act 1882 Prohibited the entry of Chinese laborers and remained in effect until 1943 and was the first time exclusion in the United States was based on ethnicity. o Gentleman’s Agreement of 1907 President Theodore Roosevelt negotiated with Japanese to restrict passports for its citizens to work in the United States and the United States allowed Japanese already in United States to stay and bring their families. o Bureau of Immigration open in 1891 Immigrants report “name, nationality, last residence, and destination” o Ellis Island In New York Harbor Between 1892-1924 used for general immigration processing 12 million passed through for medical and legal examinations · Wave of Immigration o Late 19th^ century o Immigration population shifted from Northern/western European to southern/eastern European when people fled political repression and sought economic opportunity · Origins Quota System o Immigration Act of 1924 o Limited immigration of each nationality to 2% of the number residing in the US and thus FAVORED immigrants from northern/western Europe · 1930s-40s Immigration Decrease o World War II
o Depression · 1950s Immigration Increase o Immigration increases because European refugees (fearing persecution) came to America during the Cold War. · Regulation of Illegal Immigration o Dept of Homeland Security Federal agency created in 2002 to defend the nation from threats such as terrorism and natural disasters o US Citizenship and Immigration Services Bureau within Dept. of Homeland Security that adjudicates immigration and naturalization issues and provides services to immigrants o US Border Patrol Agency within the Dept of Homeland Security that enforces immigration laws at the border of the United States · Illegal Immigrants and the Economy o Do they contribute to the economy (by working jobs that Americans shun, paying taxes, and consuming products/services) or is it costing the United States too much money to provide social services? Study by Congressional Budget Office says that tax and other revenues from illegal immigrants do not exceed the cost in social services provided for them. But a lively debate continues on the issue. · Immigration Reform and Control Act of 1986 o Amnesty to 3 million illegal immigrants · Illegal Immigration Reform and Immigrant Responsibility Act of 1996 o Increased Border Patrol personnel, physical barriers along southwest border, penalties for smuggling illegal immigrants, increase financial obligation for those who sponsor immigrants, and established formal procedures for deporting immigrants · REAL ID Act of 2005 o States must issue tamper-proof driver’s license to those who could prove citizenship or legal status info shared through national database; targeted terrorists who might
14 th^ Amendment addressed citizenship of blacks under due process and equal protection clauses; “All persons born or naturalized in US and subject to the jurisdiction thereof, are citizens of the US and the state where in they reside” 1870 Naturalization eligibility to blacks · 1952 All races · Supreme Court never ruled directly on citizenship status of children born to illegal immigrants legal status of parents not affect on children · Native Americans o Constitution Article 1, Sec 8 “to regulate commerce..with the Indian tribes” o 368 treaties with Native Americans by 1868 o Considered separate nation, so does judiciary power apply to them or do they have access to the courts? Cherokee Nation vs. Georgia (1831): sued Georgia for annihilating tribe as political society (not foreign nations anymore) Worcester vs. Georgia (1832): Court ruled null and void acts of Georgia to seize Cherokee lands tribes considered distinct political communities o 1830 grants give to tribal heads to give up tribal membership for American citizenship o 1887 Dawes Severalty Act Assimilation o Lone Wolf vs. Hitchcock (1903) authority over the tribal relations of the Indians has always been exercised by Congress from the beginning and the power has always been political, not subject to be controlled by the judiciary system o 1917/1918 Indian citizenship if they serve as Americans in WWI o Indian Citizenship Act of 1924 Rejected assimilation as condition and grant citizenship to all born in US territory. There is still a special Indian sovereign authority to govern themselves, but it is subject to an overriding federal authority (Congress has ultimate authority over Indian tribes). · Acquiring American Citizenship o Naturalization Act of 1790 (easy route to citizenship)
A foreigner living in the United States who was a free white person of good character and had lived there for 2 years could file a petition for naturalization and take an oath to support the Constitution of the United States. (Now it is 5 years, not 2.) CHANGES: · 1795 renounce allegiance to any foreign king · 1870 citizenship to blacks · 1952 eliminate race as bar for citizenship · 1906 English requirement o 1990 new grounds for waiving English requirement o Citizenship Oath Exception to 5 years is MILITARY SERVICE o DUAL CITIZENS ARENT CONSIDERED NATURALIZED! o Citizenship Through Laws/Treaties Treaty of Guadalupe Hidalgo: ended Mexican-American War in 1848 10000 residents of area ceded by Mexico have to choose whether to retain Mexican citizenship or become American Citizens Louisiana Purchase o Rights/Privileges of Citizens Jury duty Travel with US passports Eligible for federal grants and scholarships Keeping your residency Bringing family members to the United States o Noncitizen Residents “green cards” Cannot hold office/law/teacher Cannot vote
Chapter 5: CIVIC CULTURE · Culture: Assumptions governing life in relationships like institutions; beliefs · Political Culture: beliefs involving our relationship with govt · Civic culture: beyond the strict confines of politics; shapes the issues that Americans deliberate about and how they deliberate · Four Elements of Civic Culture: o Individualism SELF-RELIANCE and PERSONAL INDEPENDENCE, usually in preference to GOVT ACTION Freedom vs. govt aid Americans value freedom more!! o Religion Distrust of authority Original sin · The less govt involvement more religious influence · Human kind has a tendency to be bad reason for restraint in govt checks and balances Provides moral principles 46% of Americans attend religious services once a week or more First Amendment · Establishment Clause and Free Exercise Clause Pilgrims break away from Church of England Mayflower Cape Cod instead of VA Mayflower Compact Americans can join for a common purpose under God’s eyes Puritans “purify” the Church of England without abandoning it many denominations First Great Awakening (mid 1700s) · George Whitefield · Religious experience not tied to certain denomination · Settled by the time of the founding
Enlightenment · Reason > Faith · Thomas Paine Christianity = superstition · Thomas Jefferson Deism a belief that God created the world but does not intervene · Washington hand on Bible, then “So help me God” Second Great Awakening (1790s) · Social improvement and educational/moral betterment · William Lloyd Garrison American Anti-Slavery Society slavery is sin 1950s Martin Luther King Southern Christian Leadership Conference Public Alcoholism · 18 th^ Amendment establishing prohibition Abortion · Roe vs. Wade: Supreme Court removed most legal barriers to abortion · Viewed as like slavery to churches Educational · Social Gospel of late 1800s and early 1900s charitable work and advocated reforms like abolition of child labor o Patriotism Civil Religion acceptance of natural law (exercising reason that leads to moral betterment) and belief that Americans seek protection and guidance of a higher power Symbols · Flag · National anthem · Great Seal “Shining City On a Hill” used by many Presidents to describe a goal
· Religious Freedom o First Amendment Establishment Clause and Free Exercise Clause o “Wall of Separation” Between Church and State Thomas Jefferson’s letter in 1802 while president to the Baptist Association of Danbury, Conn in reference to establishment clause How High Should The Wall Be? · Jefferson: medium height Church + State / Federal · Hugo Black: super high o 1962 Engel vs. Vitale – nondenominational prayer in school o 1992 Lee vs. Weisman – prayer at middle school graduation Federal Govt can provide funds for building of denominational and non- denominational schools as long as it doesn’t discriminate one against the other o 1971 Lemon vs. Kurtzman Lemon Test: Court holds that a law that raises issues of the Establishment Clause may withstand challenge only if: · It has a secular legislative purpose · Its main effect neither advances or inhibits religion · It does not foster excessive government involvement with religion o Santa Fe vs. Doe Student prayer before football game o Reynolds vs. US (1879) Polygamist Mormon Church Religious beliefs are okay, but not exempt from laws that govern/regulate personal behavior · Freedom of Speech and Press o Prior Restraint
Prohibiting publication of material because of harmful effects; Under English common law the govt could not prevent the publication of materials, but could punish the publisher after the fact! Libel = written defamatory statement Slander = defamatory statement in speech o Unprotected Speech Speech the govt may prohibit or punish because it is not protected by the first amendment such as obscenity, libelous speech, and “Fighting words” (“incite immediate breach of the peace”) Schenck vs. US 1919 – no one has a right to falsely shout FIRE! In a theatre o Clear and Present Danger Test Words create a clear and present danger that Congress has a right to prevent Congress can restrict speech like during times of war Gitlow vs. New York (1925) · First Amendment applies to the states · Distribution of pamphlet that urged mass action to promote communist revolution o Direct Incitement Test Doctrine by Supreme Court saying that govt can suppress political speech that directly incites violence, but not the ‘advocacy of forcible overthrow as an abstract doctrine’ Smith Act (1940) – illegal for advocating forcible overthrow Supreme Court later Made distinction between advocacy as ‘an abstract doctrine’ and ‘advocacy of an action to that end’ o Symbolic Speech Texas vs. Johnson (1989) · First Amendment protection even though it violated Texas law nationalization of the Bill of Rights! Tinker vs. Des Moines School
