CARD #1: Constitutional History & Federalism COPY THE POINTS WHILE YOU ARE HERE AND DO THEM ON YOUR OWN AT HOME!!!!!!!!!! (#s 1-16)

Traditional democratic theory = consent of the governed 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? Commerce & Slave trade Ratification Federalists / Anti-Feds Federalist Papers (85) Bill of Rights

CHECKS & BALANCES Each 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 compromise Not one branch is completely independent Congress makes laws / POTUS can veto POTUS veto / Congress veto with 2/3 vote POTUS negotiates treaty / Senate ratifies POTUS nominates SC Justice / Senate approves SC 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) POWERS Specifically granted to the federal govt by the Constitution $$$, taxes, interstate commerce aka… Enumerated powers Article I – powers to Congress Article II – Section 2 gives power to pres Article III – judicial power to the Supreme Ct Article IV – Intergovernmental Relationships Article 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

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)