WHY WAS OUR GOVERNMENT DESIGNED NOT TO WORK VERY WELL? What choices do democratic founders have to make? Efficiency vs. liberty vs. responsiveness vs.

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Presentation transcript:

WHY WAS OUR GOVERNMENT DESIGNED NOT TO WORK VERY WELL? What choices do democratic founders have to make? Efficiency vs. liberty vs. responsiveness vs. deliberation vs. majority representation vs. minority protection vs. institutional flexibility Why did the Founders choose against effective government in every institutional choice? Are humans naturally wicked, uninformed, susceptible to demagoguery and faction? (Fed 10) Four ways to deal with these problems: Repression, social pluralism, republicanism, self-checking gov, geographical distancing (DC), and geographical containment (federalism)

HOW DID THE FOUNDERS PURPOSEFULLY LIMIT GOVERNMENT’S EFFECTIVENESS? Republicanism with different constituencies Enumerated and implied powers Separation of powers: Autonomous decision- making power is divided into 5 branches – Federalism – Three branches govern – Two-house legislature Checks and balances: Branches share decision- making powers. Some examples: – One-time vetoes on composition – Shared powers (two parties must consent) – Judicial review

SOME EXAMPLES OF CHECKS AND BALANCES

HOW DID THE FEDERAL GOVERNMENT GET POWERFUL AFTER ALL? The Supremacy clause: – “Laws of the Federal Government shall be the supreme Law of the Land” The 10th Amendment: – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or the people”

Does the “Necessary and Proper Clause” (AKA the elastic clause) mean that government can do whatever it wants? “Congress shall have power…to make all laws which shall be necessary and proper for carrying into execution…all other power vested by this Constitution in the government of the United States” McCulloch v. Maryland (1819). A case about a bank and taxes. The main finding in the case was that the US government could run a national bank, but ONLY because this type of power is clearly stated in the Constitution.

THE FEDERAL-STATE BALANCE FOR THE 1 ST CENTURY: Look at how much states were responsible for!

Why is the Commerce Clause the most important source of increased federal power? The Interstate Commerce Clause is really important: “Congress shall have power to regulate commerce… among the several states” Gibbons v. Ogden (1824). A case about a steamboat monopoly The New Deal: Can the federal gov. regulate wages, labor, and production Is the Civil Rights Act legal? US v. Lopez (1995) The Violence Against Women Act (2000) Legalizing marijuana? 5-4, the court said federal regulation was ok, but several conservative justices, objected to a federal role here.

HOW DID THE 14TH AMENDMENT MAKE THE NATIONAL GOVERNMENT STRONGER? We’ll mostly talk about this when we discuss changes over time in civil liberties and rights. The “incorporation doctrine” The expansions of civil liberties & rights protection WHY IS THE POWER TO SPEND, SUCH AN IMPORTANT SOURCE OF FEDERAL POWER? “Congress shall have power…to lay and collect taxes…and provide for the… general welfare of the United States” Social Security and “the general welfare” (1935) Grants: funding or coercion? Grants in aid with strings attached (2006: $450 billion) vs. block grants