The CONSTITUTION [APUSH Review Unit 3 Topic 9 (3.9)] Period 3: 1754-1800
Summary
TLDRIn this episode of Heimler's History, the focus is on the U.S. Constitution's main content, specifically federalism and the separation of powers. Federalism is clarified as a power-sharing mechanism between national and state governments, not a dominance of one over the other. The supremacy clause and enumerated powers are highlighted, showing where federal law takes precedence. The video also explains the Constitution's three branches of government and their checks and balances, designed to prevent tyranny by distributing power and reflecting the framers' understanding of human nature.
Takeaways
- šļø The U.S. Constitution replaced the Articles of Confederation to address the failures of the federal government under the previous system.
- š¤ Federalism is the sharing of power between the national government and state governments, not a hierarchy where one is more powerful than the other.
- š Article VI of the Constitution, the supremacy clause, establishes that national law supersedes state law in cases of contradiction.
- š Enumerated powers, listed in Article I Section 8, grant specific authorities to the federal government, such as the power to declare war.
- š The Tenth Amendment reserves powers not delegated to the federal government to the states, covering areas like defining marriage or divorce.
- šļø The Constitution establishes three branches of government: legislative, executive, and judicial, each with distinct roles and responsibilities.
- āļø The judicial branch, though initially less defined, gained significant power and became a major player in federal governance.
- š The separation of powers is designed to provide checks and balances, preventing any single branch from having total control.
- š« The president has the power to veto legislation, which is a check on the legislative branch, but Congress can override this veto with a two-thirds majority.
- š§ The framers of the Constitution were aware of the potential for human corruption and designed the government structure to protect against tyranny by distributing power.
Q & A
What was the main reason for replacing the Articles of Confederation with the Constitution?
-The main reason was that the federal government under the Articles of Confederation was far too weak to be effective.
What are the two major themes of the Constitution discussed in the script?
-The two major themes discussed are federalism and the separation of powers.
What does federalism mean in the context of the U.S. Constitution?
-Federalism means the sharing of power between the national government and the state governments, not that one has more power than the other.
What is the supremacy clause, and how does it relate to federalism?
-The supremacy clause, found in Article VI of the Constitution, states that national law trumps state law whenever they contradict, indicating that in cases of conflict, the federal government's laws take precedence.
What are the enumerated powers of Congress, and where are they found in the Constitution?
-The enumerated powers of Congress are the specific powers granted to the federal government, which are listed in Article I Section 8 of the Constitution.
How does the Tenth Amendment affect the balance of power between the federal government and the states?
-The Tenth Amendment reserves powers not delegated to the United States to the states, meaning that powers not listed in Article I Section 8 belong to the state governments.
What are the three branches of government established by the Constitution?
-The three branches of government are the legislative branch (responsible for making laws), the executive branch (responsible for carrying out and enforcing laws), and the judicial branch (responsible for interpreting laws).
What is the purpose of the separation of powers among the three branches of government?
-The purpose of the separation of powers is to prevent any one branch from having too much power by allowing each branch to check and balance the others.
How does the system of checks and balances work between the legislative and executive branches?
-The legislative branch creates and proposes laws, but the president must approve and sign them for them to become binding. If the president disapproves, they can veto the law, which Congress can then override with a two-thirds majority vote.
What did James Madison argue in Federalist 51 regarding human nature and government?
-James Madison argued in Federalist 51 that if men were angels, no government would be necessary, implying that because humans are not perfect and can abuse power, it's essential to distribute power to prevent tyranny.
Outlines
š Introduction to the U.S. Constitution
This paragraph introduces the topic of the U.S. Constitution's main content, following the discussion on the Articles of Confederation from the previous video. It sets the stage for an exploration of the Constitution's provisions, emphasizing the shift from a weak federal government under the Articles to a more powerful one under the new Constitution. The video aims to clarify common misconceptions about federalism and the separation of powers, which are central themes of the Constitution.
Mindmap
Keywords
š”Constitution of the United States
š”Federalism
š”Separation of Powers
š”Articles of Confederation
š”Enumerated Powers
š”Supremacy Clause
š”Tenth Amendment
š”Legislative Branch
š”Executive Branch
š”Judicial Branch
š”Checks and Balances
Highlights
Introduction to the main content of the U.S. Constitution.
Explanation of why the Articles of Confederation was replaced by the Constitution.
Historical context of the Constitutional Convention in Philadelphia in 1787.
The concept of federalism and its importance in the Constitution.
Clarification that federalism is about sharing power, not one level of government being more powerful.
Article VI of the Constitution and the supremacy clause.
Enumerated powers of Congress as outlined in Article I Section 8.
Example of an enumerated power: the federal government's power to declare war.
The Tenth Amendment and its role in reserving powers to the states.
Discussion of the separation of powers among the three branches of government.
Roles of the legislative, executive, and judicial branches as established by the Constitution.
The growth of the judicial branch's power and the Supreme Court's significance.
Check and balance system among the branches to prevent the abuse of power.
Presidential veto power and Congress's ability to override it with a two-thirds majority vote.
James Madison's argument in Federalist 51 about the necessity of government due to human nature.
The framers' intention to distribute power to protect against tyranny.
Conclusion and recommendation for students to achieve academic success.
Transcripts
Well hey there and welcome back to HeimlerāsĀ History. Weāve been going through Unit 3 ofĀ Ā
the AP U.S. History curriculum, and in the lastĀ video we saw how the Articles of ConfederationĀ Ā
was replaced by the Constitution of theĀ United States as Americaās new governingĀ Ā
document. In this video weāre going to lookĀ at the main content of the Constitution,Ā Ā
and I can see that them brain cows areĀ ready to get milked, so letās get to it.
So if youāll recall from the lastĀ video, delegates from the states met inĀ Ā
Philadelphia in 1787 at the ConstitutionalĀ Convention. Here they hammered out a newĀ Ā
governing document through debate andĀ compromise which expanded the power andĀ Ā
influence of the federal government. And they didĀ this because no small part of the failure of theĀ Ā
Articles of Confederation was that the federalĀ government was far too weak to be effective.
So letās have a look at the major provisionsĀ of the Constitution. And weāll by no meansĀ Ā
look at everything, but in order to tasteĀ a little of the constitutional sauce weĀ Ā
really need to look at two major themes:Ā federalism and the separation of powers.
Letās start with federalism. Now this term isĀ a perpetual scourge to high school studentsĀ Ā
everywhere, and they often misinterpretĀ it. And the reason students so often getĀ Ā
it wrong is because federalism sounds like theĀ federal government, and the federal governmentĀ Ā
is the national government. So when you hearĀ that the Constitution embodies federalism,Ā Ā
what you immediately think is, OhĀ that means the federal governing isĀ Ā
more powerful than the states. But that isĀ emphatically NOT what federalism means. SoĀ Ā
Iām about to tell you what it means andĀ I want you to write it down, bold it,Ā Ā
highlight it, underline it, tattoo it onĀ your forehead so you donāt get it wrong.
Federalism just means the sharing of power betweenĀ the national government and the state government.Ā Ā
Say it with me now. Federalism is the sharing ofĀ power between state and national governments. ItĀ Ā
doesnāt mean that one has more power than theĀ other, it just means that they share the powerĀ Ā
to govern a people. Okay, assuming your foreheadĀ tattoo is finished and healed up, let me continue.
Now, with respect to federalism, even thoughĀ I just said neither the national governmentĀ Ā
nor the state government was more powerfulĀ than the other, Iām about to complicate it aĀ Ā
little. Article VI of the Constitution,Ā also known as the supremacy clause,Ā Ā
does in fact state that national law trumps stateĀ law whenever they contradict. On the other hand,Ā Ā
there are only certain national laws that fallĀ under this category, and these are called theĀ Ā
enumerated powers of Congress which are givenĀ to us in Article I Section 8. An example of anĀ Ā
enumerated power of the federal government is theĀ power to declare war. If the federal governmentĀ Ā
declares war on Canada, for example, and RhodeĀ Island is like, yeah weāre not into that,Ā Ā
then sorry, Rhode Island, supremacy clause,Ā we bout to invade Canada. So with respect toĀ Ā
the powers outlined in Article I Section 8,Ā the federal government has the trump card.
But then we get the Tenth Amendment whichĀ shifts power over to the states. It says,Ā Ā
āThe powers not delegated to the United Statesā¦Ā are reserved to the states.ā Which basicallyĀ Ā
means that power NOT listed in Article IĀ Section 8 belongs to the state governments.Ā Ā
This included powers like defining legalĀ relationships like marriage or divorce, etc.
So thatās how federalism plays out in theĀ Constitution. Some powers are explicitly given toĀ Ā
the federal government, and others are reservedĀ exclusively for the states. Power is shared.
But in addition to federalism, the newĀ Constitution also provided for a separation ofĀ Ā
powers between the three branches of government.Ā The three branches established by the ConstitutionĀ Ā
are as follows. The legislative branch which isĀ responsible for making laws. The executive branch,Ā Ā
which is to say a president, which is responsibleĀ for carrying out and enforcing the laws. And theĀ Ā
judicial branch, or the Supreme Court, which isĀ responsible for interpreting laws to make sureĀ Ā
they align with the Constitution. SideĀ note, the judicial branch wasnāt givenĀ Ā
much love in the Constitution, but in theĀ next few videos weāll see how the SupremeĀ Ā
Court got its big boy pants on and became aĀ major player with respect to federal power.
Now the last thing you need to know about thisĀ separation of powers in the federal governmentĀ Ā
is that the framers of the Constitution set itĀ up this way so that each branch could check andĀ Ā
balance the power of the other. No one branchĀ of government had all the power. For example,Ā Ā
the legislative branch creates and proposesĀ laws, but the president must approve andĀ Ā
sign it in order for the law to becomeĀ binding. If the president doesnāt approve,Ā Ā
then the president has the executive powerĀ of veto which puts the kibosh on the proposedĀ Ā
law and that is a check on the power of Congress.Ā However, as a check on the power of the executive,Ā Ā
Congress can override the veto with aĀ two-thirds majority vote. And thatās justĀ Ā
one example of the many ways the threeĀ branches check and balance each other.
But the Constitutionās provision for bothĀ federalism and the separation of power inĀ Ā
the three branches really comes down to this.Ā The framers of the Constitution were underĀ Ā
no delusions about human nature. They understoodĀ that humans are, by nature, turds, and willĀ Ā
always abuse the power given to them. WhichĀ is why James Madison argued in Federalist 51,Ā Ā
āIf men were angels no government wouldĀ be necessary.ā That being the case,Ā Ā
the framers took special care to distribute theĀ power to govern over several different entities,Ā Ā
and this was their plan to protectĀ the American people from tyranny.
Okay thatās what you need to know about Unit 3Ā topic 9 of the AP U.S. History curriculum. IfĀ Ā
youāre enjoying your new forehead tattoo,Ā you might also enjoy getting an A in yourĀ Ā
class and a five on your exam in May, andĀ to that end I recommend that you grab myĀ Ā
then go ahead and subscribe right here and IĀ will remain your obedient servant. Heimler out.
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