Chapter 3&4
5 Basic Principles Revisited 1) Popular Sovereignty … Definition and your own example 2) Separation of Power Judicial Branch 3) Checks and Balances Why? When it doesn’t work … 4) Limited Government Fences … Keeping the Government in and out 5) Federalism The Cakes
Power to the people … Slavery Abortion Same-Sex Marriage Multi-Racial Schools
Supreme Court Facts 9 Judges John Roberts Chief Justice Breakdown by President Breakdown by Age Breakdown by Political Party
To keep the three branches even and no one branch too powerful Reminder of how they are checking each The dangers of one branch not balanced Andrew Jackson Richard Nixon George Bush??
The supposed limits to government and the constitution Limits to the government – keeping the government in a fence – bound to the constitutional limits Dangers of limiting the government to just the constitution – Thomas Jefferson New Federalism
The division of governmental power between the National and State governments The Government in Washington DC and the State Government in Boise, etc. History of Confederation … Articles of Confederation CSA Texas and State Power
P.45 Power to the National Government Power to the State Government Concurrent Powers Prohibited Powers Federal/State Responsibilities State to State Obligation National Supreme Civil War Commerce Clause Civil Rights Amendments Federal Grants and Mandates
Dual Federalism Early History – Two separate Levels Limited (Supreme) powers to National Everything else to the States Layered Cake Cooperative Federalism Mixed levels of government Marble Cake New Federalism Since President Nixon (Republican) way of shrinking responsibility and size (Not George Bush II) What kind of Cake?
National Powers State Powers Concurrent Powers Prohibited Powers
State Government Reserved Powers Delegated Powers National Government Both Concurrent Powers
Delegated Power – powers expressed in the constitution directly in the Constitution for the National Government to regulate. Declare War, Coin Money, Copy Rights Implied Powers – powers reasonably inferred in the from the constitution. Elastic Clause (Art. 1 Sec. 8) Laws that are necessary and proper to carry out gov. Air Force, Buying Land (LA Purchase), Supreme Court Inherent powers - powers that usually deal with foreign affairs acquire land (bases), immigration policy, war on terrorism
Reserved Powers – powers not delegated to the states and not denied to the states. Guaranteed by 10 th Amendment Establishing/monitoring local government Regulate trade within the state Ratifying amendments to the Constitution
Powers held by both the state and national governments. No exclusive power is given to national government, no power denied to states Levying and collecting taxes Establish and maintain separate court systems Law enforcement Health and welfare Borrow money
Powers restricted or denied to the national governments, state governments, or both. Can’t take tax exports States from making treaties Individual rights
National Security - Military Interstate Harmony – Between States Domestic Tranquility – Social harmony Infrastructure – Bridges/Roads
States must meet their responsibilities to the federal government in several ways. States are responsible for public elections. Ratify the Constitution Cover what the Federal Government refuses to do.
Outlines the obligations each state has to every other states. “Full Faith and Credit” – each state recognizes the records of other states. Public acts, records, auto loans Marriage ?? Extradition of criminals
McCulloch v. Maryland – national government supreme to the states in Constitutional matters. Civil War – By the South losing the Civil War, the Union was supreme to the states and States Sovereignty is secondary to National supremacy. Commerce Clause – the national government moderates interstate trade. (Native Americans) Civil Rights – Amendments and rulings to insure the rights of minorities.
Division of power between the national and state governments. Overlapping funds Federal government provides funds/regulations that affect lower levels Important to State and local governments, municipalities.
Federal government has always had influence over states through grants-in-aid (money to finance their programs –see below) Kinds of grants … Categorical Grants – strings attached Block Grants – general funds and up to the states to decide how to spend Revenue Sharing – a potion of the federal monies returned to the states and local governments
A rule issued by the federal government to the states. An order from the federal government that is not necessarily backed with money. Most mandates are concerned with civil rights and protection of the environment.
1 st Amendment (Freedoms …) Religion Press Petition Speech Assemble 2 nd Amendment (Right to BEAR ARMS) State Militia Personal Firearms Freedoms to they end of my nose … Limits to all amendments
Be aware this is the primaries Democrats vs. Democrats Republicans vs. Republicans Know the Candidates and the Issues that might get them elected and the problems they face getting the nomination BE ABLE TO NAME AND DISCUSS ONE POSITIVE AND NEGATIVE FOR ALL THE CANDIDATES (REPUBLICAN AND DEMOCRAT)
Hillary Clinton Barack Obama John Edwards Joe Biden Chris Dodd Bill Richardson Dennis Kucinich For more info click on the link …
Mike Huckabee Mitt Romney John McCain Fred Thompson Rudy Giuliani Ron Paul Tom Tancredo Duncan Hunter For more info click on the link …
Supreme Court - Highest Court in the Land 9 Judges, 8 Men-1 Woman By Age By President By Party Possible Changes What it means to the decisions?
How decisions are made … How it gets to the Supreme Court … Number of Cases, Number heard …