Constitutional Underpinnings and Federalism
The Influence of the European Enlightenment Every social, economic, and political problem could be solved through reason The Social Contract John Locke State of Nature Natural Rights Consent of the Governed Social Contract
Theoretical Perspectives Democratic Theory Authoritarian Regimes Democracy Direct (can lead to majoritarianism) Representative a.k.a. indirect democracy Elite Theory Pluralist Theory Pluralism Hyperpluralism
The Constitution Popular Sovereignty Separation of Powers Checks and Balances Limited Government Federalism Background to the Convention Articles of Confederation Shay’s Rebellion
Constitutional Convention Agreements and Compromises Virginia Plan New Jersey Plan Great Compromise 3/5 Compromise Electoral College Amending the Constitution Proposal by 2/3 of states or BOTH houses of Congress Ratification by 3/4 of state legislatures or state conventions
Informal Changes to the Constitution Legislature Executive Branch Judicial Branch Federalists v. Anti-Federalists Federalist Papers #10—factions #51—separation of powers #78—power of the judiciary Bill of Rights
Governmental Systems Unitary (China, France, Britain) Confederation (Articles of Confederation) Federal system (U.S. and Canada) Historic Development of Federalism Delegated Powers War Regulate Commerce Tax and Spend Concurrent Powers Reserved Powers Prohibited Powers
The Necessary and Proper debate Loose interpretation—Alexander Hamilton Strict interpretation—Thomas Jefferson McCulloch v. Maryland The Commerce Clause Gibbons v. Ogden Defined commerce as all business dealings Civil Rights Reining in the commerce power U.S. v. Lopez
Two Types of Federalism Dual Federalism Cooperative Federalism The Politics of Modern Federalism Grants in aid system Categorical grants Block grants Mandates
Advantages of Federalism Mobilization of political activity Interest groups cannot easily take over the gov’t Diversity of policies among states encourages experimentation and creativity Diverse policies among states are good because uniform laws don’t make sense in many areas
Disadvantages of Federalism Confusion of political activity Small, but motivated interest groups can block the will of the majority for extended periods of time Diversity of policies among states creates inequality **An individual’s attitude about federalism depends on how much she values equality v. freedom**
The Devolution Revolution Welfare Reform Act of 1996