checks and balances
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Checks and Balances. Alex and Gab Sawick. From the Beginning. Articles of Confederation (1781): *created first form of government. *only with a legistlative brach *extremely weak form of government - PowerPoint PPT PresentationTRANSCRIPT
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Checks and BalancesAlex and Gab Sawick
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From the Beginning
Articles of Confederation (1781): *created first form of government.*only with a legistlative brach
*extremely weak form of government
***Shay’s Rebellion brought on the realization that a stronger government was necessary***** Constitution (1787): 3 branch government each branch with the power to check the other. *states had a major say since nine were necessary
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From the Beginning
• Bill of Rights: *9th Amendment: The enumeration in the
Constitution of certain rights shall not be construed to deny other retained by the people.
*10th Amendment: Any power not given to the federal government in the constitution was given to the states and the people.
• Judiciary Act (1789): created Supreme Court which could check legislative and executive branches
• Judiciary Act (1801): put into office “Midnight Judges” to hold Federalist influence even when Adams was gone
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From the Beginning
• Marbury v Madison (1803): established judicial review in which the Supreme Court could decided the constitutionality of laws
• 12th Amendment (1804): redid Electoral College after Election of 1800
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Checking by the Supreme Court
• Fletcher v Peck (1810): first case that a state law was declared unconstitutionality.
*upheld power of private contracts • McCulloch v Maryland (1819): “Necessary and
proper clause” feds have the power to pass necessary laws even if not stated in Constitution
• Dartmouth College v Woodward (1819): upheld power of contracts against state and federal government
• Gibbons v Ogden (1824): Congress controls interstate commerce
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analysis
• Checks and balances at this time was a relatively new thing, especially since of the new government sent forth by the Constitution
• Power of the federal government went from extremely loose to a stronger federal government
• Many significant Supreme Court cases shaped the way the country dealt with things (judicial review, Congress controls interstate commerce etc.)
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Jefferson
• Note that nobody checked Jefferson for the Louisiana Purchase. • No where in the Constitution gave him the
power to make such a purchase without checking with Congress
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Jacksonian Era
• Vetoes:*Maysville Road Bill
*BUS- felt that it put the economy in the hands of Biddle (the wealthy) *used the veto 12 times, more than he past presidents combined
• Spoils system was put into effect
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Civil War Era
• Dred Scott case (1857): Checked the law (Missouri Compromise) that declared slavery illegal above the compromise line because slaves are property.
• Secession of Confederate States: No one checked the power of the state governments to leave the Union
• Lincoln suspended certain rights like habeas corpus- never checked by Congress or Supreme Court
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Analysis
• This era showed a drastic switch in presidential power • Jefferson bought Louisiana Purchase even
though Constitution didn’t call for it • Jackson used the veto countless times • Lincoln suspended certain rights during
the Civil War
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Reconstruction Era
• 13th Amendment: freed the slave• 14th Amendment: citizenship for slaves• 15th Amendment: right to vote• Tenure of Office Act (1867): restricted the power
of the president to remove officials from office without the consent of Congress *Passed over Johnson’s veto
• Impeachment of Johnson: first impeachment of a president, violated Tenure of Office Act
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Gilded Age
• Credit Mobilier Scandal• Tweed Ring
• Remember Boss Tweed and Thomas Nast • Whiskey Ring Scandal
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Late 19th Century • Munn v Illinois: allowed states, not the president, to
regulate commerce within their own borders. • Pendleton Act (1883): checked the presidency by
ending the spoils system and gave jobs based on merit
• Wabash RR v Illinois (1886): The court declared invalid an Illinois law prohibiting long- and short-haul clauses in transportation contracts as an infringement on the exclusive powers of Congress granted by the commerce clause of the Constitution.
• Plessy v Ferguson (1896): attempted to check the power to allow segregation, Court approved
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analysis• This time period seriously checked the power
of the President (Tenure of Office Act, impeachment of Johnson, and Pendleton Act limited power of president and gave control back to Congress)
• Scandals were more cracked down upon• More power given to states in Plessy v
Ferguson, even though that case wasn’t for the better
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Presidential Authority in the New Deal
• Courts strike down AAA and NRA• But no where in the Constitution was there the
power to declare a bank holiday?• Supreme Court declared the National Industrial
Recovery Act unconstitutionally gave the president the power to regulate petroleum transportation
• Executive Order 6102: declared that all citizens hand over gold to be exchanged for U.S. dollars
• Frazier Lemke Banking Act- aid to farmers was declared unconstitutional by the Courts
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Presidential Authority in the New Deal
• Court Packing Plan- granted the President power to appoint an additional Justice to the U.S. Supreme Court for members over the age of 70 years and 6 months. Shot down by Court
• 22nd Amendment- limited the presidency to two terms
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Cold War
• Kennedy violated presidential power in Bay of Pigs- invading a country without approval of the UN Security Council is illegal
• Redeemed himself by using authority to end Missile Crisis-unchecked by Court
• In the Vietnam War, no formal war declarations were ever made • Most notably Cambodia-which was never approved by the
UN Supreme Council• War Powers Act made it a rule that the President update Congress on such
decisions of war within 48 hours.
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Late 20th century scandal
• Watergate Scandal caused attention that was quickly and thoroughly investigated and checked- caused Nixon to resign• Significant due to the large impact the branches of
government had on checking this
Clinton impeached- he was convicted of perjury and obstruction of justice and was therefore checked and impeached.