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Unit 2 The American System
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A. constitution - I. US Constitution
1. Establishes government structure 2. defines the gov.’s powers & role 3. supreme law
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B. structure 1. preamble – introduction, states purpose and goals (6)
I. U.S. Constitution B. structure 1. preamble – introduction, states purpose and goals (6) 2. articles (7) 3. amendments (27)
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I. U.S. Constitution C. The Essentials 1. preamble
Form a more perfect union Establish justice 2. Article I: The Legislature House 2 year terms Senate 6 year terms
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D. Major Principles I. U.S. Constitution rule by the people
1. popular sovereignty – rule by the people 2. federalism – multiple levels of government 3. separation of powers – each branch has its own role
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D. Major Principles [con’t.]
4. checks-and-balances – each part of the government exercises some control over the other. horizontal Legislative Executive Judicial National Government vertical Legislative Executive Judicial 50 State Governments
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is first [divided between two distinct governments,]
“In the compound republic of America, the [power surrendered by the people] is first [divided between two distinct governments,] and then the portion allotted to [each subdivided among distinct and separate departments.] [Hence a double security arises to the rights of the people.] [The different governments will control each other,] at the same time that [each will be controlled by itself.”] - James Madison Federalist 51
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D. Major Principles [con’t.] 5. limited government –
I. U.S. Constitution D. Major Principles [con’t.] 5. limited government – safeguards the country against abuse of power
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E. Amending the Constitution
I. U.S. Constitution E. Amending the Constitution 1. proposing an amendment (national level) a. 2/3 vote of each house of Congress (only method used) b. national convention called at the request of 2/3 of the states (controversial; open to anything)
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E. Amending the Constitution
I. U.S. Constitution E. Amending the Constitution 2. ratifying an amendment (state level) a. ¾ of state legislatures approve (38) b. states call a special ratifying convention and ¾ approve more democratic 21 intoxicating beverages: 18,
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II. Federalism (ch. 4) A. National powers B. State powers
1. expressed/enumerated –directly stated in Constitution 2. implied/ “necessary and proper” – Article I, Section 8, Clause 18 Civil Rights Act of 1964 Affordable Care Act of 2010 “Obamacare” B. State powers 1. reserved – powers not granted to the national gov. are “reserved” to the states under the 10th Amendment. 2. concurrent – powers both levels have Ex: pwr to tax, courts
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“Supreme Law of the Land.”
3. The Supremacy Clause establishes the Constitution and US laws as the “Supreme Law of the Land.”
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II. Federalism (cont.) D. Developing federalism
1. state's powers – favor state and local. Gov't. closer to the people. 2. nationalists – favor national actions. Nat'l gov't should be expanded when needed. 3. nat'l gov't. growth – pwrs came at the expense of states: a. war pwrs b. pwr to regulate interstate commerce c. pwr to tax and spend 16th Amendment – individual income tax Republicans/conservatives Democrats/liberals
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D. Developing federalism
4. states seek federal aid – the “power of the purse” Cooperative federalism – states and national government work together. National Government grants funds to States; States perform services for National Government. Categorical Grants – made for some specific, closely defined purpose, such as hiring new police officers or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds. Block Grants – portions of money allocated to States to use for broader purposes, such as law enforcement, health care, social services, or welfare. Block grants often are granted with fewer strings attached. Project Grants – provided to States, localities, and private agencies that apply for them. Research: medical and science, job training, arts and culture funding.
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C. Interstate Relationships
II. Federalism (cont.) C. Interstate Relationships (state-to-state) 1. each state must give “full faith and credit” to the laws and legal proceedings of other states. 2. give each other’s citizens all the “privileges and immunities” of their own citizens.
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C. Interstate Relationships
II. Federalism (cont.) C. Interstate Relationships (state to state) 3. extradition – return runaway fugitives to the state where they committed the crime. 4. interstate compacts – agreements among states
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II. Federalism (cont.) E. Federalism and Politics
1. prohibits a political monopoly: all parties can win somewhere in the system. 2. political training: stepping stones – local to state to national levels. 3. allows citizens more direct involvement and to see the political impact. 4. creates individualism among states.
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