Unformatted text preview: The Constitution Part 4
*Explain three ways the American constitutional system changes *Describe the changes to the American government during the three different eras of constitutional change *By formal amendment You should be able to: How does the Constitution Change? *By judicial interpretation *By political practice *Federal court decisions indicate how the Constitution is applied in actual cases *Examples: the impact of parties; the changing role of the Cabinet; committee system in Congress *The Founding and Early Republic *The Civil War and its Aftermath *The Great Depression and the New Deal Three Constitutional Eras *Will the American system work? *Development of the two party system *Orderly "regime change"
*Election of 1800 The Founding Era *Washington starts tradition of a two-term president *Very limited national government
*Most power rested in the states The Civil War and its Aftermath
1861-1865 *Starts as a war over states' rights and the preservation of the Union *Is the United States: *The war evolves into a war about the deeper moral issue of slavery *"...I do but quote from one of [my] speeches when I declare that `I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.'"
*Voluntary contract among sovereign states, or *Indivisible organic union of states Civil War Lincoln's 1st Inaugural Address *"Descending from these general principles, we find the proposition that, in legal contemplation, the Union is perpetual, confirmed by the history of the Union itself. The Union is much older than the Constitution." Lincoln's 1st Inaugural *"Fondly do we hope--fervently do we pray--that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue, until all the wealth piled by the bond-man's two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash, shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said `the judgments of the Lord, are true and righteous altogether.'" Lincoln's 2nd Inaugural *When and how should Lincoln transform the basis for the Civil War? Problem *Early Confederate victories put outcome of conflict in doubt *Lincoln did not want to make the emancipation of the slaves look like an act of Union desperation (14 September 1862) *Battle of Antietam (1862) The Battle of Antietam *A tactical draw but enough of strategic Union victory to give Lincoln the opportunity to change the character of the war from a position of strength *Occasions the announcement of the Emancipation Proclamation *Issued by President Lincoln as commander-in-chief of the armed forces *Changed to character of the Civil War into a fight over slavery *Assisted the Union war effort *Foreclosed any British support for the Confederacy
*Freed slaves in rebellious states under Union control The Emancipation Proclamation (22 September 1862) *"...That on the 1st day of January, A.D. 1863, all persons held as slaves within any State or designated part of a State the people whereof shall then be in rebellion against the United States shall be then, thenceforward, and forever free..." Emancipation Proclamation *Resurrected the equality principle in the Declaration of Independence *Spoke in terms of "a nation" not a collection of states The Gettysburg Address *See Appendix E in your text, or: *Reconstruction (1866-1877): the period after the Civil War when the major political issues were:
*Reorganizing the Southern States *Re-admitting the Southern States into the Union *Finding ways to construct a new society by eradicating slavery and all its artifacts Aftermath *13th Amendment *14th Amendment The Reconstruction Amendments *Makes emancipation universal and permanent *New limitations on the powers of the states
*Equal protection *Due process of law *15th Amendment *Right to vote cannot be abridged on account of race. The Great Depression and the New Deal
*New conception of the appropriate role for government *Supreme Court interpretations of the Constitution after 1937 will expand the powers of Congress *The national government will assume great, unprecedented responsibilities *The Democratic Party will come to dominate politics until the 1970s-80s Changes of this Era ...
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