Unit 1 Objectives & Targeted Content

The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.

• 1.3 - Explain how Federalist and Anti-Federalist views on central government and democracy are reflected in U.S. foundational documents.

  • Federalists supported ratification of the Constitution and a strong central government. Madison’s arguments in Federalist No. 10 focused on the superiority of a large republic in controlling the “mischiefs of faction,” delegating authority to elected representatives and dispersing power between the states and national government. 

  • Anti-Federalists opposed the ratification of the Constitution and wanted more power reserved to state governments rather than a strong central government. Anti-Federalist writings, including Brutus No. 1, adhered to popular democratic theory that emphasized the benefits of a small, decentralized republic while warning of the dangers to personal liberty from a large, centralized government. 

• 1.4 - Explain the relationship between key provisions of the Articles of Confederation and the debate over granting the federal government greater power formerly reserved to the states.

Specific incidents and legal challenges that highlighted key weaknesses of the Articles of Confederation are represented by the: 

• • Lack of centralized military power to address Shays’ Rebellion 

  • Lack of an executive branch to enforce laws, including taxation 

  • Lack of a national court system 

  • Lack of power to regulate interstate commerce 

  • Lack of power to coin money 

• 1.5 - Explain the impact of political negotiation and compromise at the Constitutional Convention on the development of the constitutional system. 

Compromises deemed necessary for ratification of the Constitution included the following: 

• Great (Connecticut) Compromise, which created a dual (bicameral) system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally 

• Electoral College, which created a system for electing the president by electors from each state rather than by popular vote or by congressional vote 

• Three-Fifths Compromise, which provided a formula for calculating a state’s enslaved population for purposes of representation in the House and for taxation 

• Postponing until 1808 a decision whether to ban the importation of enslaved persons 

• Agreement to add a Bill of Rights to address concerns of the Anti-Federalists 

• Debates about self-government during the drafting of the Constitution necessitated the drafting of an amendment process in Article V that entailed either a two-thirds vote in both houses or a proposal from two-thirds of the state legislatures, with final ratification determined by three-fourths of the states. 

The debate over the role of the national government, the powers of state governments, and the rights of individuals remains at the heart of present-day constitutional issues about democracy and governmental power, as represented by: 

• Debates about government surveillance resulting from the federal government’s response to the 9/11 attacks 

• Debates about the role of government in public school education 

Federalism reflects the dynamic distribution of power between national and state governments.

• 1.7 - Explain how the constitutional allocation of power between the national and state governments affects society 

Federalism is the system of government in the United States in which power is shared between the national and state governments. The exclusive and concurrent powers of the national and state governments help explain the ongoing debate over the balance of power between the two levels. 

• Exclusive power is held by only one level of government and includes enumerated powers that are written in the Constitution, and implied powers that are not specifically written in the Constitution but are inferred from the Necessary and Proper Clause. 

• Reserved powers are those not delegated or enumerated to the national government but are reserved to the states, as stated in the Tenth Amendment. 

• Concurrent powers are shared between both levels of government such as the power to collect taxes, the power to make and enforce laws and the power to build roads. 

The distribution of power between national and state governments is demonstrated by: 

• • Revenue sharing (national funding with almost no restrictions to the states on its use and is the least used form of funding) 

  • Block grants (national funding with minimal restrictions to the states on its use and is preferred by the states) 

  • Categorical grants (national funding that is restricted to specific categories of expenditures, is preferred by the national government, and is the most commonly used form of funding)

  • Mandates (requirements by the national government of the states) 

• 1.8 - Explain how the balance of power between national and state governments has changed over time based on interpretations of the Supreme Court of the United States. 

  • The Due Process and Equal Protection Clauses of the Fourteenth Amendment give the national government the power to enforce protections for any person against the states, but Supreme Court interpretations can influence the extent of those protections. 

  • The Commerce Clause gives the national government the power to regulate interstate commerce, but Supreme Court interpretations can influence the extent of this power. 

  • The Necessary and Proper Clause gives Congress the power to make laws related to carrying out its enumerated powers, but Supreme Court interpretations can influence the extent of these powers. 

  • The Supremacy Clause gives the national government and its laws general precedence over states’ laws, but Supreme Court interpretations may affect when specific actions exceed this constitutional power. 

The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as: 

• McCulloch v. Maryland (1819), which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over state laws 

• United States v. Lopez (1995), which ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control 

• 1.9 - Explain how the distribution of powers among three federal branches and between national and state governments impacts policy making.

  • The allocation of powers between national and state governments creates multiple access points for stakeholders and institutions to influence public policy. 

  • National policymaking is constrained by the sharing of concurrent powers with state governments. 

Unit 1 Review Materials