9/3/2013 CHAPTER 2 Rules Matter!!

Royal colonies w/ colonial assemblies Upper and lower body 1700s- Britain had hard time controlling large group of independent minded people, thousands of miles away King James gives colonies religious freedom Was not absolute, however 1760s- break from comfortable set of arrangements Britain had with the US Attachments and loyalties receded from Britain At odds with where they had come from Incompatibilities England class based US no restrictions to what you wanted to do, guildless; no restriction of private property or business; no government sponsored church 1756-1763 French and Indian War Defending Americans, tried to stop France from colonizing in America Colonists need defending they need to pay for it No more westward expansion Sugar act- taxes on sugar, wine, coffee Mutiny and Quartering act 1765 - furnish barracks for British soldiers Stamp Act- 1765 printed matter, pamphlets & newspapers Cut into freedom of press No taxation without representation didnt want taxes, wanted to represent themselves First Continental Congress 1774 Second Continental Congress Locke- All people had right to be protected by a government from tyranny of Divine Right appointed leader Life, liberty, pursuit of happiness Articles of Confederation- 1777 laid out 13 states retain sovereignty- autonomous confederation= loose collection of states UK & UN are best examples Fear of centralized power Didnt want to be Britain

Amendments need to unanimous- hard to receive 9/13 states need to pass a law 1781- wars end, becomes clear that something is going to have to change needed a stronger gov didnt give nat gov power to tax worried about power of purse articles make no provision for a president didnt allow fed. Gov. to regulate interstate commerce each state taxing the hell out of incoming goods Constitutional Convention- 1787 Philadelphia Congress under articles agreed to revising articles Everyone attended but Rhode Island- small state, wanted status quo Didnt know they would be dumping the entire articles Needed to offset ambition with ambition Virginia Plan James Madison Bicameralism Calls for 3 branches- executive to enforce, legislative to make, and judicial to interpret 2 houses in legislature one chosen by people One chosen gov Representation based on population President selected by congress, limited to one term, veto acts of congress Judges chosen by congress Judges could overrule state laws New Jersey Plan William Patterson Unicameralism Equal representation No central authority Connecticut Compromise Bicameral legislature House of reps based on population Senate- 2 senators/state Didnt want a central power like King George III, but needed something stronger than what was called for in the Articles How would the president be elected? (Constituency) Own constituency (people), stronger

Congress +house, weaker Electoral college Direct election would have been a concern Each state receive representation based on senate+house rep number President has to get a majority of electoral votes then goes to HOR Each state gets one vote (last time this happened 1824) Maine & Nebraska How long would the president be elected for (duration of term) House- 2 yrs Pres- 4 yrs Senate- 6 yrs Could he be reelected? Alex Hamilton wants more federal power Says prez should rule til he dies People thought he was crazy No limit until 1940s, then made it 2 Roosevelt served 4 Principles 1. Federalism division of power between national and state governments a. Gives impression fed gov is not too strong b. Disperse power across executive, legislative, a judiciary i. Horizontal dispersal c. 50 states 2. Republican form of government- popular sovereignty a. Power ultimately resides is in the people b. Elected representatives exercise the power c. Wont be direct democracy 3. Limited Government a. Provisions in the government that placed limits on what the fed gov can do b. Bill of rights- what people are free to do, that can not be controlled by gov 4. Separation of Powers a. Also couples as checks & balances b. Aristocracy and democracy must neutralize each other c. Separate institutions sharing power 5. Federal Supremacy a. In places where fed gov has power, its power is supreme i. States cant change these laws/amendments in their respective states 1980s, Fed Gov said state highway fund money will start to go down if states dont make their drinking age 21

federalism- characterizes the relationship between the state gov and the fed gov, when two or more levels of government rule the same republic, each level has one level where it sets policies independent of other levels fed paper 39- people thought you either had a confederacy or a unified nat gov compound gov makes people realize fed gov isnt going to overshadow state Duel Sovereignty- both national and state governments are sovereign No state can eliminate the fed gov Fed gov cant eliminate any state Unitary governments- all power is held by a single national government Has power to abolish local governments State and local government is like a unitary government Regulating interstate commerce- fed gov particularly involved Fed gov handles foreign policy Education dominated by state, no child left behind is a departure State sales tax- state government Income tax- state + fed gov Gray Areas of Federal vs. State Power 1. 10th Amendment- if power is not specifically enumerate in the Constitution for federal government, it is in the states hands 2. Necessary and Proper Clause- (the elastic clause) congress shall have the right to make all laws necessary in order to carry out the power of the fed gov a. Means through which a shadow constitution has been created b. Implied powers under explicit powers 3. Commerce Clause a. Grants congress the power to regulate commerce with foreign nations and among the several states