CARD #1: Constitutional History & Federalism

COPY THE POINTS WHILE YOU ARE HERE AND DO THEM ON YOUR OWN AT HOME!!!!!!!!!! (#s 1-16)

Theories of dem govt

• Traditional democratic theory = consent of the governed• Pluralist theory = Dahl & IGs• Elite theory = upper class & self-interest• Bureaucratic theory = Weber & hold power w/ public policy• Hyperpluralism = gridlock & ineffectiveness

• ART OF CONFED = • “league of friendship”• a weak central govt, no exec/judicial• Had limited power over the states•Unicameral Congress (ec state = 1 vote) that could NOT tax or regulate trade• 9 of 13 states for legislation• Unanimous 13 votes to amend• Led to Shay’s Rebellion

Weaknesses of the Articles of Confederation…

How the Constitution fixed those weaknesses…

“league of friendship” between the states Created a federal system between the national and state level

Congress could NOT tax; it could only request contributions from the states

Nat’l govt given the power to tax (HOUSE OF REPRESENTATIVES!!!)

Congress could NOT regulate interstate trade or foreign commerce

Congress was given the power to regulate commerce b/t states and foreign

No separate executive to enforce the acts of Congress

Article II created an executive office to enforce the laws of Congress (bureaucracy)

No national judiciary to handle state disputes

Article III created a nat’l judiciary w/ a Supreme Court and lower courts

States and the nat’l govt had the authority to coin money

ONLY the nat’l govt has the authority to coin money

Each state had ONE vote, regardless of size or population

Population in the House, equality in the Senate

9/13 states required to pass legislation Bills need a simple majority in both houses of Congress

Unanimous consent to amend 2/3 of Congress and ¾ of the states are necessary to amend

Problems/Fights

• Great Compromise (CT)• Federal system• VA/NJ Plan?• 3/5 Compromise• Commerce & Slave trade• Ratification• Federalists / Anti-Feds• Federalist Papers (85)• Bill of Rights

CHECKS & BALANCESEach branch can limit the power of the other 2

*legislative, executive, judicial

Senate approves or rejects presidential appointments to the Supreme Court

Slows change & encourages compromiseNot one branch is completely independent

Congress makes laws / POTUS can vetoPOTUS veto / Congress veto with 2/3 votePOTUS negotiates treaty / Senate ratifies

POTUS nominates SC Justice / Senate approvesSC declares unconstitutional / Congress can make

an amendment to reverse that charge

HR impeach POTUS/justices, the Senate removes with 2/3 vote

Basic Principles w/in the Const• Limited Government• Popular Sovereignty• Separation of Powers• Checks & Balances• Federalism

FORMAL amendment process• Anticipated the need to change the Const• Bill of Rights in 1791 (#1-10) other 17 over 220 years!!!• Requires both STATE and NATIONAL action• Proposal = national / Ratification = state (2 ec)

• Proposed by 2/3 ec house / Rat by ¾ state legislatures (used 26 times)

• Proposed by 2/3 ec house / Rat by special conventions in at least ¾ of the states (used once for 25th)

• Proposed by a natl convention called by Congress at request of 2/3 of the state legislatures / Rat by ¾ state (never used)

• Proposed by a natl convention / Rat by special conventions in at least ¾ states (never used)

Marbury v Madison (1803)• Election of 1800• Adams v Jefferson• “lame duck” Congress• New judicial positions• Marbury wanted Justice of the Peace• Madison was Sec of State• Writ of Mandamus• Est Judicial Review – aka INFORMAL PROCESS• First time to declare UNconstitutional

EXPRESSED (delegated) POWERSSpecifically granted to

the federal govt by the Constitution

$$$, taxes, interstate commerce

aka…Enumerated powers

Article I – powers to CongressArticle II – Section 2 gives power to presArticle III – judicial power to the Supreme CtArticle IV – Intergovernmental RelationshipsArticle V – Amendment Process

IMPLIED POWERS

Come from the Necessary & Proper Clause

aka…Elastic Clause = found in Article I, Section 8, Clause 18

“to make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers and all other Powers vested by the Constitution in the Govt of the US, or in any Dept or Officer thereof”

RESERVED POWERS (states only!!)Not specifically granted to the

federal govt

Article IV, Amendment 10

Not specifically denied to the states

Held by the states vis-à-vis the 10th amendment, i.e., licensing doctors, public schools, local govts, police power, public health, safety & general welfare…

MISC POWERS • Inherent Powers: the US is a sovereign nation w/

the international right to make treaties, wage war, and acquire territory

• Concurrent Powers: exercised by federal & state, i.e., taxes, borrowing money, est courts

• Prohibited Powers: denied to nat’l & state…can’t tax exports, states can’t make treaties (Article I, Sections 9 & 10; Amendments)

FEDERALISM in practice…• Interstate Relations (Art IV)• Guarantees to the States• Advantages & Disadvantages• Establishing national supremacy• McCulloch v Maryland (1819)• Gibbons v Ogdan (1824)• Federalism TODAY

Article VI – Supremacy Clause!!!• McCulloch v Maryland (1819) – implied powers,

“necessary & proper clause”, national supremacy [EXPANSION OF FEDERAL POWER]

• Gibbons v Ogdan (1824) – Old fashioned Jersey Shore throwdown, interstate commerce, 1964 Civil Rights Act, “commerce clause” [EXPANSION OF FEDERAL POWER]

• Brown v Board of Education (1954) – school segregation is unconstitutional[EXPANSION OF FEDERAL POWER]

COOPERATIVE FEDERALISM (not Dual)

National and state govts work together to complete projects (highways)

Pattern of spending, taxing, & providing grants ($480B in 2010)

NOT dual = each level remains supreme in their own sphere

NEW Federalism = Nixon, Reagan, W. Bush – reversal of cooperative federalism, aka devolution

aka…Fiscal Federalism

FEDERALISM (Goldilocks?)Two or more levels of govt have formal authority over the same geographic area & people

FISCAL federalism…uses fiscal policy to influence the states through granting or withholding $ to pay for programs• grants-in-aid – specific projects / programs• categorical grants – project/formula grants…matching, ie Medicaid, or based on merit• Block grants – variety of purposes w/in a broad category, ie. education• Revenue sharing – “no strings attached” eliminated under Reagan• Mandates (funded & unfunded) – ie. Americans with Disabilities Act (1990)