Constitution

Wasserman Chapter 2
 The Framers of the Constitution

• George Washington chaired the meetings, bringing with

him the pragmatism of a successful and land owner
committed nationalist.
• Alexander Hamilton, self-assured financial genius
dominated debates.
• James Madison. Benjamin Franklin added moderation
and wisdom of age.
 Great Compromise

• Agreement that large and small states reached during

the Constitutional Convention of 1787 in part defined
the legislative structure and representation that each
state would have under the United States Constitution.
• Each State would have two representative in the upper
house.
 The Great Compromise

• There was also trouble between the northern and

southern states. Southern states word about their trade.
House of Representatives was dominated by the
northern states because more people lived in the
northern states.
 Great Compromise

Southern states were concerned of wanting to know

what would happen to slaves brought to the south ?
Southern delegates were just as quick to say they
wouldn't belong to the government that dictated the
private business.
Northern states wanted to get rid of slavery.
 The Great Compromise

Three fifths (3/5) compromise was the debate over

whether slaves should be counted as people for the
purpose of representation and taxation.
South did not want to treat slaves as people but
wanted to count them anyway. Removed by the 14th
and 15th amendments.
 The Great Compromise

• Finally the northern and southern states agreed to

continue slave trading until 1808.
• Created the right of a state to withdraw or succeed from
the Union.
 Continental Congress
First Continental Congress established regular lines of
communication among the colonies and focused anti-
British sentiment.
Second Continental Congress beginning in Philadelphia
in May 1775, created the Declaration of Independence.
• A loose union among the states was proposed by the
Articles of Confederation.
 Continental Congress

College-educated
Average age was 40.
Had no affiliation with revolutions.
Nationalist building a nation, not just defending the interest
of their states.
 Not representative of the population of America. They
were wealthy planters merchants and lawyers, 15 of them
were slave owners; 14 land spectators.
 Articles of Confederation

Agreement among 13 founding states that established

the United States of America as a confederation of
sovereign states and served as the first constitution.
Provided domestic and international legitimacy for the
Continental Congress to direct the American
Revolutionary War, conduct diplomacy with Europe, deal
with territorial issues and Native American relations.
 Articles of Confederation

• Articles of Confederation (1781 – 1789) had no real

national government set up in the articles, they
established a "league of friendship cloaked" among the
states, which didn't have much authority than the
United Nations does today.
 Articles of Confederation

Allowed state to retain sovereignty, freedom, and

independence.
Citizens were subject only to state government.
Had the power to declare war, conduct foreign-policy,
coin money, manage a postal system, direct army made
up of state military.
 Article of Confederation

Each state had one vote regardless of it’s size.

Amendments to the articles needed unanimous
approval by all 13 states.
No executive branch and no national system of courts.
No ability to impose taxes, but could request funds from
states.
 Articles of Confederation

Anti– elite, required regular rotation in office, what we

call term limits.
Real achievement, the start of the national bureaucracy
with the passing of the Northwest Ordinance,
established procedures for admitting new states into the
Union.
 Terms to Remember
• Federalism
• Federalist
• Separation of Powers
• Rights
 Federalism

Used to describe a system of government in which

sovereignty is constitutionally divided between a central
governing authority and constituent political units (such
as states or provinces). Based upon democratic rules and
institutions in which the power to govern is shared
between national and provincial/state governments or
provinces, creation a federation.
 Federalist
Federalist - Supporters of a strong central government
as supported as outlined in the Constitution in debate
on its ratification. Alexander Hamilton, John Madison
and John Jay wrote the Federalist Papers, 85 essays
supporting the constitution,1787-1788
Anti-Federalist – Opposed the ratification of the
Constitution. They were for more power for states and a
bill of rights.
•
 Separation of Powers

The powers that are divided between three different

branches, legislative, executive and judicial.
 Rights

• Legal, social, or ethical principles of freedom or

entitlement, fundamental normative rules about what is
allowed of people or owe to people, according to some
legal system, social convention, or ethnical theory.
Rights are essential importance in such disciplines as
ethnics, theories of justice and deontology (study of the
nature of duty and obligation). Example: Bill of Rights
Constitution Defined
 Constitution

Basic laws and principles that spell out the nature,

function and limits of government or another institution.
Seven articles or sections.
27 amendments.
 Constitution

Checks and Balances - Each branch has separate and

independent powers and specific areas of responsibility,
makes sure that the powers of one branch are not in
conflict with the powers of other branches.
 Mulberry v. Madison

• Landmark decision helps define the boundary between

the constitutionally separate executive and judicial
branches of the central government.
 Constitution
• Article 1 - Legislative Branch- Consist of two houses,
Senate and House of Representatives.
• Coin money, declare war, regulating commerce, raise
armies.
• Gives Congress the power to make laws necessary to
carry out its powers.
 Constitution

Article 2 - Executive Branch has sole authority and

responsibility for the daily administration of the country.
Executes or enforces the law.
Article 3 – Judicial
 Constitution

• Article 4 - Regulates the relationship between the states

and between the states and federal government.
• Article 5 -How to change or amend the Constitution.
Takes a 2/3 vote in both houses and 3/4 vote in the
state.
 Constitution

• Article 6 - Establishes the Constitution , laws and

treaties in the U.S. as supreme law of the land, forbids a
religious test as a requirement for holding a government
position.
• Article 7 – Names of the men who signed and ratified, or
approved the Constitution. It confirms the establishment
of the Constitution.
California Government
and Politics Today
Mona Field
California Politics in Perspective

• On the edge of a major decline, with public education,

state parks, social services and other governments
activities facing severe cuts. Republican have a veto over
all taxes.
• Long term damage to children, to college students,
disabled, parks, beaches, libraries and more.
 California
• A world economic power. If we were a separate nation, we would rank
in the top ten nation in gross domestic production (GDP). Leads
nation in population growth.
• Two tier society, distance between “haves” and “have-nots” are more
noticeable.
• New economic growth will come from alternative energy
development, public infrastructure construction, “public-private
partnerships” to decrease unemployment.
 California
• State determines grounds for divorce: traffic regulations; public
college tuition fees; penalties for drug possession; and
qualifications for becoming a barber, psychologist or lawyer.
• Complex array of local governments, including over 3,400 special
districts to provide everything from street lights to flood control.
Ballot initiatives to make new laws and to amend the state
constitutions.
 California
• Propositions (placed on ballots by special-interest group,
organizations or wealthy individuals) dealing with everything from
juvenile delinquency, educational policy, Indian gaming rights.
• All depend on money, media, and the public mood.
 California State Constitution
• Complex arrangement designed to assure the unity of the country at
the same time permitting the state to reflect the diversity of the
people and economy.
• Distribution of powers permits California to enact diverse policy
preferences into law, while encouraging experiments that spread to
other states.
• Requires that states honor the laws of every other state.
 California State Constitution
• Many of the freedoms guaranteed in the State constitution are
identical to those protected by the U.S. Constitution, however the
state constitution includes additional rights for it residence.
• Examples:
• Conservative themes such as tax revolts, anti-immigration sentiments,
and the backlash against affirmative action all began as successful
ballot propositions in California. Liberal ideas such as legalization of
marijuana for medical purposes, and government-provided health
care for all have become ballot battles.
California Land, People and Political
Culture
• Geographic influences: 156 square miles, we are larger than Italy,
Japan, or England, third largest state in the United States, following
Alaska and Texas. Superimposed on the East Coast. Covers six states,
from Florida to New York.
• Leading state on the Pacific Rim (bordering the Pacific Ocean, facing
the Far East).
• Nation’s number one exporter.
California: Land, People and Political
Culture

• One of 15 states that border a foreign nation.

• Closest to Mexico, Mexicans have become the largest ethnic group in
the state. Nearly half of our immigrants come from Mexico according
to 2010 census. We have the largest Hispanic (from all nationalities)
population of any state (14 million).
California: Land, People and Political
Culture
• Because we have so many natural resources, we are one of the richest
agricultural regions in the world.
• Populations continues of increase due to birthrates, domestic
immigration and international immigration.
• People over the age of 65 consist of 20 % of the total population.
• Range of religious beliefs, includes those who belong to no religion.
California: Land, People and Political
Culture
• Predictions say there will be 47 million people by 2025, creating
challenges in housing, education, health care, transportation, water
supplies and environmental quality.
• Latino majority by 2016.
• Most diverse state with no “majority” group, most of people identify
themselves as “multi-racial” than other states.
• 25% are born in other nations; top three, Mexico, the Philippines, and
Vietnam.
California: Land, People, and
Political Culture
• Most undocumented immigrants (2.7 million).
• Ongoing international immigration adds to our socioeconomic gap
because two parent working immigrant families are often living at
poverty level, giving California the nation’s highest poverty rates.
• Immigrant population consists of undocumented immigrants, legal
residents, political refugees, and foreign born naturalized U.S. citizens.
California: Land, People and Political
Culture

• Immigrants spend years in paperwork waiting for the Federal

Bureau of Citizenship and Immigration Services to process their
applications to move them from refugee status to legal resident, or
from resident to citizen status.
• Assimilation takes place to varying degrees, as people decide
whether to learn English, how much education to seek and how
much to “Americanize” their customs.
California: Land, People and Political
• Because people judge others by appearance, American born Latinos
and Asian are subject to prejudices and discrimination based on
either ethnic stereo-types or anti-immigrant attitudes.
• African American are the third largest ethnic minority group. Numbers
are declining in proportion to the fast-growing Latino and Asian
community.
• Because other ethnic groups are beginning to dominate numerically,
raises concerns about how African American will compete successfully
for educational, economic, and political opportunities.
California: Land, People and Political
Culture

• Ethnic groups have altered the social and political landscape.

Example: One fourth of children in California Public schools are
considered “English Learner”, some large school districts serve as
many as 80 language groups.
• California’s electorate continues to be mostly white, older and more
affluent, even though the state is diverse, young and of moderate or
low income.
• Voters ignore the opportunity to determine electoral outcomes.
 California Politics Today
Traditional American Labels
• Conservatives are torn between those who support maximum freedoms for both
businesses and individual. Like free enterprise but prefer government to regulate
personal behavior such as sexuality and abortion. Limiting taxes and decreasing
government activities through privatization.
• Liberals have deep roots in California. They see the value of government as a way
to improve people’s lives. They advocate positions in favor of woman’s right to
control her reproductive future: full gay rights, including gay marriage; support
labor unions and universal health care.
California’s Historical Development
• Native California tribes consisted of 300,000 people with about 100
linguistic/cultures who lived on this land long before the Europeans
arrived. The first Californians were nearly exterminated to make room
for the conquistadores looking for gold.
• Native Californians were destroyed by overwork, disease, and
brutality.
• Residence of the New Spain were ready for independence from the
Spanish colonial rulers and declared their independence.
 Mexican Dominance: 1821-1848

• Mexico won independence from Spain (1821), the land we now call
California (included Utah, Colorado, New Mexico, Arizona) became
part of the new United States of Mexico.
• American settlers began to arrive 1840’s, they liked the climate and
heard stories about economic opportunities. They felt it their mission
to control the whole continent.
 Mexican Dominance: 1821-1848
• When the United States failed to buy California, they launched a war
with Mexico in 1846.
• The United States declared victory within a year, won the right to
purchase land at a bargain rate which included California.
• Ranches owned by people of Mexican decent were grabbed by the
immigrants (mostly Anglos) and granted to the owners of the
railroads.
 Americanization and Statehood: 1848-
1850

• The gold rush in 1848 encouraged people from all over the word
to head to California.
• Chinese immigrants were brought to this country to build the
railroad cheaply and were major target of racism and
discrimination during the recession of 1870’s.
• Regardless of the overall booming economy, Californians were
impoverished and forgotten as white Americans took charge.