Checks and BalancesAlex 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

***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

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

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

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

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.)

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

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

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

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

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

Gilded Age

• Credit Mobilier Scandal• Tweed Ring

• Remember Boss Tweed and Thomas Nast • Whiskey Ring Scandal

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

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

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

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

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.

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.