AP GOV Unit 1 Constitutional Underpinnings Review Packet

AP GOV Unit 1 Constitutional Underpinnings Review Packet

Constitutional Underpinnings

1. Describe the founding ideals of American government.

“Power corrupts. Absolute power corrupts, absolutely.” Lord Acton

Understanding American government and politics involves a healthy respect for the past. Many of our democratic institutions are rooted in historical traditions. Of course the essence of our government is found in the words of the United States Constitution. In the next couple of weeks we will review these traditions including the document that best defines the powers and limits of the United States government.

Why government at all?

The word “government” is derived from a Latin word that means, “to manage.” As societies grew more and more complex governments were formed to help manage group norms. These norms are established in the form of laws and public policies.

Throughout history there have been many different kinds of governments. The most common form relied on unelected authoritarian rulers who governed by force. When assessing governments two critical words must be considered – legitimacy and authority. Legitimacy relates to accepting one’s government while authority relates to the power given to a government to fulfill its responsibilities.

In our English tradition the rule of law is, in part, rooted in the Magna Charta (1215). The king’s legitimate power was found in a written document and not only in his arbitrary will. The Magna Charta heralded a new era in government and politics. The king no longer ruled in isolation of his people.

In the Western tradition enlightenment thinkers dramatically challenged beliefs about government legitimacy. John Locke, in the 17th century, no longer accepted the legitimacy of traditional monarchies. He wrote about the importance of “the consent of the governed.” Also in the 17th century Thomas Hobbes favored strong centralized leaders but saw legitimacy in a social contract with the people. Hobbes also wrote about the state of nature where man was “solitary, poor, nasty and brutish.” A legitimate government with the necessary authority is an essential safeguard for a civil society.

Certain salient concepts give breathe to the grand American experiment in self-rule.

Fundamentally our Founders maintained an essential commitment to a limited government. The United States government would set boundaries as laid out in explicit formal expressed powers. The new government would be comprised of three branches – the legislative, executive and judicial – all separate but responsible for checking and balancing each other. Thisseparation of powers not only limited government but also fulfilled the promise of our revolution. Ultimate legitimacy and authority is found in the people. Popular sovereignty could only be safeguarded if government was limited. The Constitution diluted power even more by creating a federal form of government. In this way power and authority would be shared between central, state and local governments. In the end the rule of law would protect not only the liberty but also the equality of all.

Whereas direct democracy empowered the people to rule without representatives, the framers of our constitution opted for a republican form of government. In this way the untrustworthy passions of the people were insulated through the direct election of qualified representatives. Republicanism in theory hopes to represent all of the people and not just majorities. The original constitution only allowed for the direct election of the House of Representatives.

As we will see the genius of the American system of government, rooted in personal liberty, protects each and every one of us. Here the privileged and the strong must abide by the same rules as everybody else.

Each unit of study is broken down into ten (10) essential objectives. Each objective requires a context of understanding. You will find that context here. Read carefully. Think critically. Each word matters. In the end we hope that by distilling the content of American government and politics to its bare essentials a larger number then before can count themselves as educated citizens. Without such a citizenry our hope fora bright future is in peril.

2. Identify the critical historical events leading up to the ratification of the U.S. Constitution.

In addition to the continental enlightenment thinkers, the foundations of American government are also rooted in our colonial experience. Protestant congregations were self-governing. The salutary neglect that characterized the American experience when combined with the changing attitudes about legitimate government authority on the continent provided the essential backdrop to understanding Revolution in 1776.

The American Revolution was fought and won for the cause of liberty. Thomas Paine in Common Sense (1776) called liberty “the cause of mankind.” Thomas Jefferson in the Declaration of Independence (1776) put in writing an American promise to uphold equality for all. Government here would be a byproduct of the people. All legitimacy and authority would be rooted in “the consent of the governed.” Our political institutions would be self-governing. Such ideas were so revolutionary no long lasting model of government existed. Our first attempt would fail.

The Articles of Confederation, the first governing charter of the United States, succeeded in ending the war with England and proposing territorial rules for expansion but maintaining order it could not. There were a number of fatal flaws built into the Articles. There was no executive branch. There was no judicial branch. A unicameral Congress could not tax or regulatetrade. The Articles of Confederation, understandably, created a weak central government. Too weak as the United States government was unable to adequately deal with the Shay’s Rebellion in Massachusetts. All that was gained in the American Revolution for the rights of man looked to be on shaky ground.

Leaders from the across the new 13 States joined together in Philadelphia in the summer of 1787 to make amends. In the end they chose not to correct the Articles but to start over and write a brand new constitution. Today their work still serves as our guiding document. In the new constitution our Founding Fathers addressed both the strengths and weaknesses of their earlier experience.

History suggests that this new constitution was almost scuttled due to a dispute over representation between the large and small states. Had it not been for compromise, the Great Compromise, the United States Constitution would never have succeeded. Creating a two-house legislature placated both large and small states. Population would dictate representation in the House of Representatives while the Senate would be made up of two members per state. This bicameral Congress comprised of a House and Senate was just one compromise that allowed for our new constitution to be ratified in 1789. The slavery dispute was settled with the 3/5s compromise.

Ratification did not come easy. Nine of the thirteen states were required to ratify this new governing document before it was empowered to serve the people. A series of essays, called the Federalist Papers, written by proponents helped nudge the state legislatures toward ratification. Two of the most noted essays were Federalist 10 and 51. Federalist 10, written by James Madison, addressed the need for a republican form of government. A republican democracy gives popular control over government through elected officials. It also assuaged the fear over dangerous factions controlling the government at large. Madison argued that factions could never be abolished without removing personal liberty. A large republic, however, could limit them. A large republic would make it unlikely that any one faction or special interest could control the whole government. In doing so Madison was espousing a pluralist system. An elite class would not rule here. Rather many competing groups would attempt to influence public policy. Pluralism would protect us from an authoritarian government. Federalist 51 addressed the fear that a centralized government might jeopardize individual freedom. “If men were angels,” Madison argued, “we would not need a government.” Madison explained how the separation of powers and a system of checks and balances would protect personal liberty. Nevertheless a strong but not too strong central government was essential to enjoying that liberty.

One more issue would need to be settled before the necessary number of states would sign on to this new governing document. The framers would need to add a Bill of Rights. The members of the constitutional convention argued that this new government would not be strong enough to imperil individual liberty. Their arguments were insufficient. Assurances were made that a Bill of Rights would be added. The first ten amendments, our Bill of Rights, were proposed and ratified by the first Congress and ratified by the states in 1791.

With the proposal and ratification of the U.S Constitution and the Bill of Rights some would say America had completed its second revolution. The first brought independence and the promise of liberty. The second established a workable governmentbased on popular sovereignty but also protected order. That document still serves us today. Let’s take a closer look at the United States Constitution.

3. Explain how the U.S. Constitution, when ratified, impacted the role of the central government.

The original U.S. Constitution was organized in 7 Articles or sections.

Article 1 describes and enumerates the powers given to our Legislative branch. The Legislative branch is often called our first branch. Our bicameral Congress has three primary responsibilities: (1) make laws; (2) provide oversight to the rest of the government; (3) represent their constituents through casework. Originally only the House the Representatives was directly elected. At our founding Senators were appointed by their respective state legislatures. The times, places and manner of all elections would be determined by each individual state. Article 1, Section 8 enumerated the basic expressed powers given to our Congress. The most notable powers given to the Legislative branch were the right to raise taxes, declare war, and to regulate interstate commerce. The interstate commerce clause would prove to be the most frequently used provision to expand the power of our central government. The most controversial power, however, is found in Article 1, Section 8, and clause 18. Called the elastic clause, “the necessary and proper clause” empowers our legislative branch to pass any law that is related to one of its expressed powers. Needless to say this provision has been used to extend the reach of government whenever the vague language of the Constitution proved inadequate. In the end our Legislative branch has been given “the power of the purse.” The United States Congress is responsible for collecting all revenues necessary to cover the appropriations of our government according to the prepared budget.

Article 2 describes and enumerates the powers given to our executive branch. Though given “the power of the sword,” our early presidents were considered relatively weak. Presidential authority was based more on personality then the expressed powers found in the Constitution. That is why the Legislative branch overshadowed many of our earliest presidents. Nevertheless the Constitution empowers the president to be commander-in-chief, to appoint with the Advice and Consent of the Senate ambassadors, judges and other officials of the Executive branch. Ultimately the president was empowered to faithfully execute the laws passed by the legislative branch. The president can veto all laws. As is still true, the original Constitution created an indirect means to elect our president. Our Framers feared democracy as much as they feared monarchy. An Electoral College was created to provide a filter between the direct votes of citizens and the selection of our chief executive. Presidents can be removed through impeachment. The House of Representatives can accuse the president of “high crimes and misdemeanors” but only the Senate can hold the trial to remove him from office.

Article 3 describes the powers of the judicial branch. Alexander Hamilton called the judiciary “the least dangerous branch.” The authority of the Supreme Court would grow as subsequent congresses gave it more and more power. The Supreme Court was empowered to interpret what our laws mean.

Article 4 describes the relationship between the central government and the states. The Constitution guarantees a republican form of government. The Full Faith and Credit clause assures that all states will respect the laws of the land. This also includes the laws of other states. The Privileges and Immunities clause has also been used to legally bind the state governments into one cohesive unit.

Article 5 describes the means by which the original constitution could be amended. The process may appear straightforward and simple. As of today, however, our Constitution has only been amended 27 times. The most common way to amend the Constitution is for a proposal to be made by 2/3s of Congress and then a ratification vote by 3/4s of the state legislatures. Though never used as such, proposals can be made by national conventions with ratification by state conventions.

Article 6 assured that the debts of the United States carried over from the Revolution would be honored and paid.

Article 7 prescribed that 9 of the original 13 states would be required to ratify the new constitution.

Though the U.S. Constitution does not mention political parties -- two primary factions debated its merits. The Federalists advocated for a stronger central government and pushed hardest for ratification. The Anti-Federalists were suspicious of granting too much power to the new national government. The most significant reservation was over a Bill of Rights.

The Federalists claimed that the essential civil liberties were already contained within the original constitution. The Writ of Habeas Corpus, “show me the body,” protects all citizens from unlawful detention. Bills of Attainder were prohibited. All citizens would be guaranteed a trial by a judiciary. Nor could citizens be convicted through Ex Post Facto laws. One cannot apply law after the fact or retroactively. Federalists argued that the central government with its limited powers would be unable to infringe upon personal liberty. Anti-Federalists held out for the assurance that a Bill of Rights would be added.

4. Describe the formal and informal methods used to change the meaning of the U.S. Constitution.

Article 5 of the United States Constitution describes the means by which the original constitution could be formally amended. The process may appear straightforward and simple. As of today, however, our Constitution has only been amended 27 times. The most common way to amend the Constitution is for a proposal to be made by 2/3s of Congress and then a ratification vote by 3/4s of the state legislatures. Though never used as such, proposals can be made by national conventions with ratification by state conventions.

In addition to the Bill of Rights we have amended the Constitution 17 more times for a total of 27 amendments. Here are the most notable:

13th, 14th and 15th Amendments are referred to as the Civil War Amendments. The 13th freed the slaves. The 14th Amendment extended citizenship and the 15th granted African-American males the right to vote.

16th Amendment (1913) – established the federal income tax.

17th Amendment (1913) – established the direct election of U.S. Senators by popular vote.

19th Amendment (1919) – extended women’s suffrage.

22nd Amendment (1951) – limited presidents to two-terms.

24th Amendment (1964) – eliminated the poll tax.

26th Amendment (1971) – extended the right to vote to 18 – 20 year olds.

Yet one should not imagine that the meaning of our constitution has experienced little change. The following words of Thomas Jefferson have animated our politics since the days he first stated them, “On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation.” Though the formal structure of our constitution has gone virtually unchanged, the meaning and application has gone through numerous informal changes.

Congress often changes the meaning of our constitution by exercising its legislative authority. Empowered by the elastic clause, the U.S. Congress has been granted the authority to pass necessary laws. These laws often exceed the reach of our original constitution. These changes all point to a similar direction – the size and scope of the United States government is ever growing.

The Congress is not alone in expanding the power and authority of the U.S. constitution. The Supreme Court too can informally change the meaning of the U.S. constitution through its decisions. By establishing new precedents the Court alters the meaning and understanding of our ruling document.