(Gov) Topic 2 (Q. #2) Evolution of the Constitution

10th Amendment

Topic 2 (Q. #2) Evolution of the Constitution

Federalist #45

This amendment elaborates on the concept of 'Federalism' by guaranteeing that any powers not delegated to the national gov't. will be reserved for the states

Even though James Madison argues for a strong central government, he explains that the Constitution will protect states' rights because they, unlike the federal gov't., can act independently from it thus further defining the concept of 'Federalism'

Federalism

Dividing government into 3 different levels (national, state, & local) that is able to effectively/efficiently handle all of our nation's local & regional issues

Gibbons vs. Ogden

This case defined interstate commerce as it ruled against the right of a state gov't. to grant an exclusivity contract to a business that engages in trade between states, thus further outlining the distinction between the 3 levels of gov't. as outlined in the principle of 'Federalism'

Federalist #44

This paper elaborates on the concept of 'Limited Government' by defining the restrictions that should be placed specifically on the state governments in regards to peoples' rights

1st Amendment

Federalist #51

War Powers Act of 1973

Limited Government

Federalist #39

The 1st Amendment 'limits government' by protecting our right to free speech, press, religion, assembly and the right to redress grievances

This act passed by Congress expanded on the principle of 'Checks & Balances' by forcing the President to get consent from Congress before committing the U.S. to armed conflict

James Madison defends the concept of Checks & Balances in this essay and in fact elaborates on this principle by stating that the republican form of government that would be created by the Constitution would serve as a 'check' and 'balance against factions and the tyranny of the majority by because elected officials will have to listen to all public opinion and work towards a consensus when making decisions in gov't.

James Madison argues that a republican form of government (where we directly elect officials to govern for us) satisfies the principle of popular sovereignty

Checks & Balances

Each branch can 'check' the power of the other two so no one branch becomes too powerful

Impoundment

The Constitution created a government that is limited in nature in that it could not violate peoples' natural rights and all 3 branches & all 3 levels must be bound by the laws of the Constitution

This concept elaborates on the principle of 'Checks & Balances' by allowing the President to refuse to spend money appropriated by Congress

Kelo v. New London

Popular Sovereignty

The Supreme Court ruled that the city of New London could in fact use it's inherent power of 'eminent domain' to buy private land for the public good in a ruling that seemed to contradict the principle of 'Limited Government'

The ability to govern belongs to the people

Baker vs. Carr

by looking at how Congressional Districts are redistricted, the Supreme Court added to the concept of popular sovereignty by helping to define exactly how a legislator's district is drawn up in our republican form of gov't.

Myers vs. U.S.

The Supreme Court further defined the principle of 'separation of powers' between the 3 branches by ruling that the President has exclusive power to remove executive branch officials without approval from the Senate or any other governing body

Buckley v. Valeo

Separation of Powers

In an effort to define the boundaries between the 3 branches of government, the Supreme Court used its power of judicial review to rule that the Federal Election Campaign Act of 1971 was unconstitutional when it tried to limit campaign spending

Dividing gov't. into 3 branches (legislative, executive, judicial)

14th Amendment

Federalist #47

In an attempt to argue in favor of the Constitution, Madison defends the principle of 'Separation of Powers' by stating that too much power in the hands of one branch is the definition of tyranny

Addresses the concept of 'who shall govern' in the principle of 'popular sovereignty' by stating that anyone born/naturalized in the U.S. is a citizen and shall enjoy equal protection of the laws and due process rights, regardless of race, gender, ethnicity, or origin

Travel Ban

• After watching these videos, what principles are illustrated & how has their meaning evolved?
• Do you think President Trump's Travel Ban is constitutional? Explain.

• https://www.cnn.com/2017/09/24/politics/trump-travel-restrictions/index.html
• https://www.cnn.com/interactive/2017/01/politics/immigration-ban-stories/
• https://foxnews.com/politics/trump-cheers-travel-ban-win-before-supreme-court-wow