MODULE 1

INTRO:

History of AMERICA (as a colony of great Britan)

Before we delve into the constitution of America, it is first important to delve into the history of the
country that essentially shaped the founding of America’s constitution.

From enormous local control to intrusive British presence.

- The CONSTITUTION that emerged because of a bumpy experience in self-government just after the
revolution, as the basis for America’s government.
- Concluded with a reflection that: POLITICS GENERALLY INVOLVES STRUGGLES AMONG CONFLICTING
INTERESTS
- As we try to understand American politics, we see that institutions matter a good deal,
- INSTITUTTIONS shape politics and affect the results of political conflicts and help determine policy
outcomes (what the government can and cannot do)

BODY:

FIRST FOUNDING: Interest and Conflicts

The American revolution and the constitution were expressions of a struggle among economic and political forces
within the colonies.

5 sectors of society had interests that were important in colonial politics that differed over issues of taxation, trade,
and commerce throughout the 18th century.

The southern planters, new England merchants and the royalists (colonial elite) maintained a political alliance that
held in check the more radical forces representing shopkeepers, laborers and small farmers but this was challenged
by the increase in the British taxes and trade policies.

CONTEXT: in 1750s, debts and other financial problems forced the British government to search for new revenue
sources but since there is limited sources, their solution was to increase the taxes through relying on tariffs, duties,
and commerce.

The colonists who are accustomed to managing their own affairs, resented this British meddling.

Stamp Act and Sugar Act affected new England merchants and southern planters since their commercial interest
were disrupted. THEY COLLIDED TO RESIST AGAINST THIS ADDED TAX which includes the demonstrations and
boycott which eventually resulted in the crown to rescind the new taxes.

But the more radical groups were not satisfied resulting for more social unrest between the colonist and the British
soldiers hence, the BOSTON MASSACRE but to quell the unrest, merchants and planters just decided to support
the British government.

Political strife within the colonies was the background of other events such as the Tea Act (define) resulted for the
Boston Tea Party led by SAMUEL ADAMS (context)

- Protest against taxation and the monopoly of the East India Company
- colonists threw 342 chests of tea into Boston Harbor

RESULT: passage of intolerable acts and first continental congress and the eventual culmination of
declaration of independence.

THE DECLARATION OF INDEPENDECE – written by Jefferson who drew many ideas from John Locke
 - Remarkable because despite the colonist’s widely differing interest, it focused on grievances,
aspirations and principles that might unify the various colonial groups.
- An attempt to articulate history and set a principle that might help forge national unity.
- However, it is not a blueprint of governance.

SECOND CONTINENTAL CONGRESS (define)

REVOLUTIONARY WAR – even before formally declaring independence, the colonies had begun to fight the British.

The was brutal and bloody with number of casualties among colonists and British troops and even native
Americans.

The war ended with the signing of the Treat of Paris (define)

Having declared their independence, the colonies need to establish a governmental structure—a set of institutions
through which to govern hence the Articles of Confederation and Perpetual Union (define)

However, the declaration of independence and the articles of confederation were insufficient to hold the nation
together as an independent and effective nation-state hence, the second founding from compromise to consensus.

ANNAPOLIS CONVENTION – the first step towards the second founding with the resolution calling on congress to
send commissioners to Philadelphia as one of the positive results. This resolution was drafted by Alexander
Hamilton, but the resolution did not necessarily imply any desire to do more than improve and reform the article of
confederation.

Subsequently, Shay’s Rebellion has become critical in uncovering and highlighting the shortcomings and flaws of
the articles of confederation. Because of this there it is deemed that there is a need to create a new government,
hence the Constitutional convention. This convention posits that revising the articles is inadequate hence there is a
need for a second founding of the constitution.

So during the constitutional convention there were differing proposals that took place such as the

- Virginia Plan (Define)

- NEW JERSEY PLAN (concentrated on the weakness of the Articles of Confederation)

To resolve this debate, the great compromise or Connecticut compromise happened which essentially defined
legislative structure and representation that each state would have under the United States Constitution.

QUESTION OF SLAVERY: 3/5 compromise

Notably, many of the conflicts facing the constitutional convention were reflections of the fundamental differences
between slave and nonslave state, differences that pitted the southern planters and the new England merchants
against each other.

3/5 – the seats in the House of Representatives would be apportioned according to a “population” in which only
3/5 of slaved would be counted.

The slaves would not be allowed to vote, but the number of representatives would be apportioned accordingly.

THE POLITICAL SIGNIFICANCE OF THE GREAT COMPROMISE AND THE 3/5 COMPROMISE was to restore the unity of
the northern merchants and southern planters, paving the way for the creation of a new government.

CONLUSION:
MODULE 2

INTRO: FEDERALISM

A. Separation of powers
 Sovereignty
2 LEVELS OF GOVERNMENT
 Why are there still states?
 2 Sovereign powers

American federalism recognized two sovereigns in the original Constitution thus, the constitution defined
the jurisdiction of each level of government.

“granting few expressed in the national govt and reserving the rest to the states”.

Expressed of the govt (found article 1 section 8 of the constitution, also found here is an
important source of power for the national govt--implied powers)

Reserved powers of the states (concurrent powers which is shared with the national
govt, coercion, police power, eminent domain, state’s obligation to one another, full faith
and credit clause, comity clause, limitations on the states.)

B. LOCAL GOVERNMENT – No status in the consti, created by state legislatures, home rule and how local
government became important.

THESIS STATEMENT

BODY: TYPES OF FEDERALISM

C. DUAL FEDERALISM

Commerce Clause

New Deal

D. COOPERATIVE FEDERALISM

(mention from layer cake to marble cake)

GRANT-IN-AIDS (Kinds of Aids)

E. REGULATED FEDERALISM

National Standards
Unfunded Mandates
UMRA

F. NEW FEDERALISM

Block Grants
BARACK OBAMA (believes in regulated federalism)

CONCLUSION:
Supreme Court as Referee

State’s rights

State sovereign immunity (limit the power of federal government)

Hence, reiterate the importance of federalism, limiting the power of the state and giving powers to federal
states.

MODULE 3

INTRO:

Define CL and CR

Bill of Rights

LIMITATIONS OF GOVERNMENT AND ITS JURISDICTION (substantive limitations and procedural limitations)

REITERATE THE IMPORTANCE OF LIMITING THE POWER OF THE GOVT AND THE IMPORTANCE OF CL, RL, AND BILL
OF RIGHTS then THESIS STATEMENT (these rights are reinforced by various amendments in the constitution)

BODY

FIRST AMENDMENT AND THE REST OF THE AMENDMENTS

DUAL CITIZENSHIP (questions whether the bill of rights also limits the state governments) BARRON V.
BALTIMORE

14th amendment (Incorporation of the bill of rights) TOTAL INCORPORATION AND SELECTIVE INCORPORATION

The problem with the classifications of American citizenship (ILLEGAL IMMIGRANTS & DREAMERS)

The constitutional revolution in bill of rights (MIRANDA RULE)

BILL OF RIGHTS TODAY

1st amendment

Freedom of religion, separation of church and state, lemon test, free exercise of religion

Freedom of speech and press (Strict scrutiny)

Political Speech (Clear and Present Danger)

Symbolic Speech, Speech Plus Action, Rights to Assembly

Speech Plus

Freedom of the Press (Prior Restraint)

Limitations to one’s freedom of speech (Libel, Slander)

Issues with freedom of speech and expression (obscenity and pornography, fighting words,
political correctness, student speech, sexual harassment, commercial speech and hate speech).

2nd amendment (GUN CONTROL)

 Rights of the criminally accused (due process)

4th amendment and searches and seizures

Exclusionary rule

5th amendment

Grand Juries

Double Jeopardy

Self-Incrimination (Ernesto Miranda)

Eminent Domain

6th Amendment and the right to counsel

Capital punishment (ground for racism)

Right to privacy and the constitution (birth control, abortion, sexual orientation, right to die, and privacy
and new technologies.

CONCLUSION: Reiterate the importance of CL and CR and Bill of rights.