1. REVIEW TOPICS #1 AND #2 CONSTITUTIONAL UNDERPINNINGS AND FEDERALISM

2. ARTICLES OF CONFEDERATION Writers trying to avoid strong central government First constitution, written shortly after Dec. of Indep. Established a National Congress (no executive, no courts) Most power given to state legislatures

3. Shays’ Rebellion Series of attacks on Mass. Courthouses by small band of farmers to block foreclosures National leaders afraid protestors would take law into their own hands Demonstrated weakness of national government

4. 1999 QUESTION The importance of Shays’ Rebellion to the development of the U.S. Constitution was that it A.Revealed the necessity of both adding the Bill of Rights to the Constitution and creating a new system of checks and balances B.Demonstrated the intensity of antiratification sentiment within the 13 states C. Indicated that a strong, constitutionally designed national government was needed to protect property and maintain order D. Convinced the delegates attending the Const. Convention to accept the Conn. Plan E. Reinforced the idea that slavery should be outlawed in the new Constitution

5. Answer: C

6. PROBLEMS/WEAKNESSES OF ARTICLES No power to tax (money had to be requested from states) No power to regulate commerce (inhibited trade and made Nat. economy difficult) No restriction on currency No judiciary to rule on disputes

7. CONT’D Weaknesses and problems led to the need for a new constitution

8. ASSUMPTIONS OF THE FOUNDING FATHERS People are greedy and self-interested (government should play a key role in containing self-interest) Chief source of political conflict is unequal distribution of wealth-land in those days Factions arise from conflict (factions have to be checked)

9. CONT’D Object of Government: preservation of property and property rights

10. 1994 QUESTION The framers of the Constitution all believed that one of the primary functions of government is: A. Educating citizens B. Protecting individual property rights C. Protecting new immigrants from persecution D. Expanding the borders of the nation E. Ensuring that anyone accused of a crime has the right to legal representation Answer: B

11. POWERS IN THE CONSTITUTION (CONGRESSIONAL, EXECUTIVE, JUDICIAL) Congressional (Article 1) 1. Pass legislation 2. Override vetoes 3. Appropriate money 4. Impeachment 5. Confirmation of Presidential Appointments

12. CONT’D 6. Ratify treaties 7. Declare war 8. Levy taxes 9. Coin money 10. Regulate interstate and foreign commerce

13. CONT’D Executive (Article 2) 1. Commander-in-chief 2. Recognize ambassadors(give diplomatic recognition) 3. Make treaties 4. Nominate justices, judges, cabinet secretaries, etc.

14. CONT’D Veto bills Pardon

15. CONT’D Judicial 1. Judicial Review (only implied) 2. Original jurisdiction on matters between states

16. Inherent Powers Powers that are derived from simply holding a position, such as Thomas Jefferson’s power as president to purchase the Louisiana Territory

17. Expressed Powers Powers that are given to an institution of government directly in the Constitution, such as Congress’s power to tax

18. 1999 QUESTION All of the following powers are granted to the President by the Constitution except: A. Commissioning officers in the armed forces B. Addressing the Congress on the state of the union C. Receiving ambassadors D. Granting pardons for federal offenses E. Forming new cabinet-level departments Answer: E

19. ECONOMIC PROVISIONS IN THE CONSTITUTION 1. Congress levies taxes and regulates interstate and foreign commerce 2. Coin money and forbid states from currency 3. Congress can borrow money 4. Congress can build an infrastructure (roads, post offices, weights and measurements)

20. CONT’D GENERALLY: Protect against intrastate tariffs, competing currencies, and raise money EFFECT: Increase power of central government in economics

21. 1994 QUESTION As originally ratified, the U.S. Constitution included provisions designed to A. Limit the importation of foreign manufactured goods B. Increase the economic importance of the agrarian sector relative to that of the manufacturing sector C. Increase the economic powers of the central government D. Expand the states’ powers to regulate own commerce with foreign countries E. Guarantee the states a greater role in economic policy-making Answer: C

22. INDIVIDUAL RIGHTS IN THE CONSTITUTION 1. Writ of habeas corpus (cause of detention 2. No bills of attainder (punishment without trials) 3. No ex post facto (laws not there when crime was committed) 4. Strict definition of treason

23. CONT’D 5. Trial by jury Notes: Ind. Rights was a major issue in the ratification process. Founding Fathers believed that states were doing sufficient job of protecting rights

24. CHECKS AND BALANCES Features of Constitution which limit power and require power to be balanced among branches Three branches remain relatively independent from one another

25. EXECUTIVE Veto legislation (Congress) Nominate justices/judges (Judicial)

26. LEGISLATIVE Impeachment (Executive and Judicial) Confirm Pres. Nominations-Senate-and override vetoes (Executive) Confirm Judicial Nominees (Judicial)

27. JUDICIAL Declare laws unconstitutional (Legislative) Declare presidential acts unconstitutional (Executive)

28. 1999 QUESTION Which of the following is an example of checks and balances, as established by the Constitution? A.A requirement that states lower their legal drinking age to eighteen as a condition of receiving funds through federal highway grant programs B.Media criticism of public officials during an election campaign period C. The Supreme Court’s ability to overturn a lower court decision D. The requirement that presidential appointments to the Supreme Court be approved by the Senate E. The election of the President by the electoral college rather than by direct election

29. CONT’D Answer: D

30. AMENDMENT PROCESS Proposal: 2/3s of Congress or 2/3s of states at National Convention Ratification: 3/4s of state legislatures or 3/4s of states at state conventions All amendments except 21st have been through Congress and state legislatures

31. FEDERALIST PAPERS/FEDERALIST 10 85 articles by Hamilton, Jay, and Madison that defended the Constitution in detail Main argument is setting faction against faction Fed 10 is considered best defense of checks and balances

32. CONT’D Madison argues that political factions are undesirable but inevitable and must be controlled

33. 1994 QUESTION In the Federalist papers, James Madison expressed the view that political factions: A. Should be nurtured by a free nation B. Should play a minor role in any free nation C. Are central to the creation of a free nation D. Are undesirable but inevitable in a free nation E. Are necessary to control the masses in a free nation Answer: D

34. 2002 QUESTION In Federalist No. 10, James Madison argued that factions in a republic are A. A more serious threat if the republic is large B. Natural but controllable by institutions C. Not likely to occur if people are honest D. Prevented by majority rule E. Prevented by free elections Answer: B

35. BILL OF RIGHTS Result of ratification fight; first 10 amendments added in 1791 First 8 deal with individual rights Last 2 deal with state powers

36. INFORMAL CHANGES Ways Constitution has evolved without formal changes 2 party system Winner-take-all in Electoral College Judicial Interpretation (Plessy and Brown) Technology (role of media, atomic bombs)

37. CONT’D Growth/Expectations of government (Great Depression, Cold War)

38. DEFINING FEDERALISM Sharing power at 2 or more levels of govt At least some powers must be independent

39. FEDERALISM AND THE CONSTITUTION

40. RESERVED POWERS Not specifically given to Fed. Govt and not denied to states Powers of the states (reserved through Constitution) 1. Conduct elections 2. Establish local govts.

41. 1999 QUESTION The reserved powers of the state governments can best be described as those powers A. Not specifically granted to the national govt. or denied to the states B. Implied in the 5th amendment C. Listed specifically in the 10th amend. D. Exercised by both nat. and state govt. E. Granted to states as part of the implied powers doctrine Answer: A

42. 10TH AMENDMENT Powers not delegated to Fed govt or prohibited to states are reserved for the states

43. McCulloch v. Maryland (1819) and elastic clause Issue was Nat. bank States can’t interfere or tax Congressional activities of Fed govt Supremacy over states through implied powers of elastic clause (“necessary and proper”) Has allowed Fed govt to extend powers past explicit ones.

44. 1999 QUESTION In McCulloch v. Maryland, the Supreme Court established which of the following principles: A.States cannot interfere with or tax the legitimate activities of the fed. Govt. B.The judicial branch cannot intervene in political disputes between the Pres. And Congress C.The fed. Bill of Rights places no limitations on the states D. The federal govt. has the power to regulate commerce E. It is within the judiciary’s authority to interpret the constitution

45. CONT’D Answer: A

46. Gibbons v. Ogden (1824) and commerce clause Congress can regulate all interstate commerce, including every form of commercial activity

47. 2002 QUESTION Of the following, which has been used most to expand the power of the national government? A. The commerce clause of the Const B. The habeas corpus clause of the Const C. The bill of attainder clause of the Const D. The 1st amendment E. The 5th amendment Answer: A

48. INTERGOVERNMENTAL RELATIONS TODAY

49. DUAL FEDERALISM States and Fed govt. stay supreme within their own sphere (layer cake metaphor) Not applicable after 1930s

50. COOPERATIVE FEDERALISM Powers and policy shared between state and Fed. Govt (marble cake metaphor) Since 1930s

51. Devolution A process by which the national government gives more power and authority to the states

52. FISCAL FEDERALISM Pattern of spending, taxing, and providing grants within Federal system

53. 2002 QUESTION The terms “fiscal federalism” and “cooperative federalism” refer to situations in which A.The fed. Govt. completely dominates state and local govts. B.States are forbidden any activity that has not been specifically approved by the Supreme Court C. The fed. Judiciary uses its power of judicial review to ensure congressional dominance over state legislatures D. State, municipal and local income taxes are pooled by special agreement and redistributed in accordance with individual need E. Federal, state, and local govts work together to complete a project, with federal govt providing much of the project funding

54. CONT’D Answer: E

55. CATEGORICAL GRANTS Federal grants that can be used only for specific purposes (800 or 900 categories) 2 types: A. Project: awarded on merit for specific program B. Formula: distributed according to a formula

56. BLOCK GRANTS Grants given more or less automatically to states or communities as long as conditions are met (ex. Following civil rights legislation)

57. 2002 QUESTION States and localities have the most discretion in establishing policy when federal funding is derived from A. Categorical grants B. Matching grants C. Block grants D. Project grants E. Grants-in-aid Answer: C

58. REVENUE SHARING Federal aide with no strings attached Helpful to poor states

59. 1994 QUESTION In contrast to revenue sharing, categorical grants provide state and local governments with A. Substantial discretion in deciding how to use the grants to solve their problems B. Aid that reflects tax base and population C. The power to impose regressive taxes D. Funds sufficient to support a high level of local service E. Funds to administer programs clearly specified by the federal government Answer: E

60. UNFUNDED MANDATES When Congress passes a law creating financial obligations but provides no funds to meet those obligations Ex. ADA in 1990

61. 2002 QUESTION Which of the following actions by the federal govt best illustrates the concept of unfunded mandates? A.Requiring that polling booths remain open beyond the hours of the workday B.Requiring states and municipalities to provide certain services for their citizens without providing resources to pay for those services C. Requiring state governments to guarantee short-term bonds issued by large municipalities in their states D. Requiring all municipalities to impose a minimum property tax on all residential and business properties E. Requiring states and municipalities to privatize many previously publicly funded services.

62. CONT’D Answer: B

63. EFFECTS OF FEDERALISM Inequality in govt services among states Opportunities for experimentation at state level Multiple points of access for interest groups Decentralization of political conflict

64. 1994 QUESTION All of the following are consequences of the federal system in the United States except A. inequality in government services across subnational entities B. Opportunities for experimentation in government programs C. Multiple points of access for interest groups D. Decentralization of political conflict E. A strict division of power among levels of government Answer: E

65. 2000 FREE RESPONSE kThe Const was an attempt to address problems of decentralization that were experienced under the Arts. Of Confed. a.List 3 problems of decentralized power that existed under the Arts. Of Confed. For each problem you listed, identity one solution that the Const provided to address the problem. b. Some have argued that the tensions between decentralized and centralized power continue to exist. Support this argument by explaining how one of the following illustrates the continuing tension. Environmental Policy Gun Control Disability access kThe Const was an attempt to address problems of decentralization that were experienced under the Arts. Of Confed. a.List 3 problems of decentralized power that existed under the Arts. Of Confed. For each problem you listed, identity one solution that the Const provided to address the problem. b. Some have argued that the tensions between decentralized and centralized power continue to exist. Support this argument by explaining how one of the following illustrates the continuing tension. Environmental Policy Gun Control Disability access

66. 2005 FREE RESPONSE The power of the federal govt relative to the power of the states has increased since the ratification of the Const a.Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause b. Explain how one of the following has increased the power of the federal government relative to the power of state govts Americans with Disabilities Act Civil Rights Act of 1964 Clean Air Act The power of the federal govt relative to the power of the states has increased since the ratification of the Const a.Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause b. Explain how one of the following has increased the power of the federal government relative to the power of state govts Americans with Disabilities Act Civil Rights Act of 1964 Clean Air Act