Sousa LO #2

Articles of Confederation

- 1 representative for every state - No court system or legislative system - Predominantly state-run, not a strong or influential central government, divided country

Constitution vs. Articles of Confederation

- 3 branches vs. 1 branch - Power over interstate and foreign commerce - Bill of Rights constrains national government - Taxation, one currency - Bicameral legislature - Electoral College

State Power (Decentralization)

- Closer to the people - More responsive and representative - National policies may not fit local needs/problems or accommodate cultural divisions - Laboratories of democracy (see what works!)

Compromise: Electoral College

- Popular vote chooses electors in each state (most states are winner-takes-all) - The House is represented by population (+2) - Senate has 2 representatives from every state - GOP representation advantage

National Power (Centralization, Federalism)

- Rights should not depend on geographical location, risking tyranny of majority - Addresses cross-state issues - Creates national standards for (equal, civil, voting) rights - Addresses international relations

Amending the Constitution

1. Amendment is proposed by a vote of 2/3 of Congress 2. Ratified by 3/4 of the states Used for all Amendments besides 1

How does the electoral college work?

- Representation by state population - Individual votes are cast by electors - Each state has the number of electoral votes = House seats +2 - Most states are winner-takes-all besides Maine and Nebraska - Need 270 electoral votes to win the presidency

What are the consequences of the electoral college?

- Representation is not as intended, individuals in some states have much greater electoral representation than others (increasingly so) - Battleground states are the sole focus of political presidential campaigns - Promotes a two-party system - Candidates can win the popular vote and lose the electoral vote

Federalist #51

"Institutional" checks, checking and balancing institutional powers - Represents different interests, different constituencies, and term lengths - limited agency between branches in the elections of others (each branch has a will of its own) - "sharing" more than separating powers

Commerce Clause & Anti-Discrimination

"Second Founding" = a new possible relationship between states and the federal government 13th amendment: Abolishes slavery 14th amendment: Equal protection of the law 15th amendment: Equal right to vote

Barron v. Baltimore (1833)

The federal Bill of Rights does not apply against state governments

Devolution

Transfer of powers and responsibilities from the federal government to state governments

Federalist #10

"Societal" checks, checking and balancing factions Faction: a group of citizens united by a common passion or impulse of interest "adverse to the rights of other citizens, or to the permanent and aggregate interests of the community" A well-constructed union can break and control faction violence... To cure dangers: 1. remove its causes 2. control its effects Response: - REPRESENTATION of the people, electors - Federalism - "Extended republic": communication among factions, larger republic = more diverse population, more difficulty forming a tyrannical majority - Create societal will independent from the majority - So many parts, interests, and classes of citizens that a powerful majority rule is improbable

Social Contract Theory

(John Locke) Rejected the parliamentary system of external authority on the basis of religious authority ("divine right of kings") People opt-in/consent to giving up some of their liberty for the protection of the government CONSENT = legitimacy under SCT

GOALS OF FEDERALISM

1. Stronger central government 2. Avoid majority tyranny (#10) 3. Avoid centralization of power (#51)

Traditional System of Federalism

1789-1937 Still primarily driven by state control/power

Reconstruction

1865-1877 Federal government replaces civilian governments of the defeated southern states with military governments.

Parliamentary System

A democratic system of government in which the legislature selects the prime minister or president and runs the government.

Bicameralism vs. Tyranical Majority

A government composed of two chambers (House and Senate) Check on tyranny of the majority by giving the states equal representation in one chamber, and proportional representation in the other chamber

FEDERALISM

A system of government where power is divided and shared between a central, national government and a regional, state government

Why has the electoral college persisted?

Amending the constitution is nearly impossible, especially since the electoral college greatly benefits Republicans and Conservative states. Amending the Constitution would require a 2/3 vote and Congress and ratification by 3/4 of the states. This is not feasible given who the electoral college benefits.

Great Compromise

Bicameral Legislature!! Two chambers of Congress!! Compromise of Virginia Plan and New Jersey Plan Representation based on population (House of Representatives, pleasing large states), and equal representation for every state (Senate, pleasing small states)

Equal Protection

Brown v. Board of Education (1954): federal courts order local and state authorities to desegregate their public schools, using the 14th Amendment's equal protection clause

Oregon Budget

Budget: $121.165 Billion - 40% Human Services - 16% Administration - 10% Economic Development - 17% Education

The Constitutional Revolution (1937) & The Commerce Clause

Commerce Clause: National power over the economy, Congress has the power to regulate commerce among the states and across state lines Constitutional Revolution: Expanded interpretation of "commerce across state lines," giving national regulatory power over workplace conditions, wages, hours, product safety, finance, environmental regulation

States Rights

Conservative opposition to the centralization of government and national programs, created by the New Deal and The Great Society (Discriminatory voting practices and segregation)

Full Faith and Credit Clause

Constitutional requirement that each state accept the public acts, records, and judicial proceedings of every other state

Declaration of Independence

Created a rationale for revolution (Independence from Great Britain) Connection to Social Contract: "To secure these rights, Governments are instituted...deriving their just powers from the consent of the governed."

Maryland vs. McCulloch

Created potential for increased national government powers ("implied powers"). Congress has the power to interpret their powers more expansively.

Extreme competition between parties

Current hyper-competition drives partisan combat and polarization Competition is driven by a two-party system where neither party is the permanent or stable majority Priorities are now on being reelected and winning the majority, then influencing government as much as possible

Flaws of the Articles of Confederation

Economic problems: - Unable to pay debts - Inflation No control of foreign commerce Lack of unified, national voice for foreign affairs Unanimity to alter the Articles No power to compel Congress attendance

Marbury v. Madison

Established judicial review that checks the "constitutionality" of laws

Gibbons vs. Ogden

Established the supremacy of national government in all matters of "interstate commerce"

Supremacy Clause

Federal law is supreme over state law, the Constitution is "the law of the land"

The New Deal (1930s)

Federal programs implemented by FDR to create economic security for Americans during the Great Depression

Why the electoral college?

Framers did not want a popular vote (fear of dictatorship) or a parliamentary system (wanted to separate powers). Desired a representative government of the people

3/5 Compromise

Gave Southern states (with primarily smaller populations) more representation in Congress and weight in the electoral college 3/5 of enslaved people were represented, although they had no right to vote States without slavery were opposed, enslaved people were not treated as "people" or "equal" citizens

Life-Tenure

Judges are theoretically respected and unbiased, maintaining a respected and unbiased court Maintain independence from partisan pressures and politics

Checks & Balances

Legislative on Exec: May reject and impeach presidential appointments and presidents, override vetos, reject treaties Legislative on Judicial: Can reject and impeach Supreme Court appointments and justices, can propose Constitutional amendments to overrule judicial decision Exec on Legislative: Can veto bills, adjourn Congress in certain situations Exec on Judicial: Appoints judges Judicial on Legislative: Can declare laws unconstitutional Judicial on Exec: Can declare exec actions unconstitutional

The Great Society (1965)

Lyndon B. Johnson Pro-centralization of government - Education funding - Medicare - Civil Rights Legislation

Nationalization of the Bill of Rights & Selective Incorporation

Parts of the Bill of Rights were slowly implemented into states through the due process of the 14th amendment Bitlow v. New York Citizens nationwide had equal civil liberties, states lost some control over the rights of the people

Voter Qualifications Compromise

Property qualifications were discussed, but is became a matter controlled by the states

New Federalism

Reducing national government control via block grants, federal grants given to states with conditions on how the money should be put towards job training, community development, and social services General Revenue Sharing: "No-strings-attached" while still wanting to uphold national priorities

Shelby County v. Holder (2010)

States were no longer constrained by preclearance requirements under the Voting Rights Act, giving more power back to the states

Judicial Review

Supreme Court claimed the power to review the decisions of the other branches and declare them as unconstitutional. Controversy: - Not subject to the opinions of the other branches - Judges with life sentences, often politically motivated

Framers limiting national gov. powers?

The creation of a representative national government (some measure of popular rule) with divided branches and sharing of powers. This suggested a fear of mass influence.

Rausch Essay Thesis

There is a diversity of values across states, suggesting that national policy might not always be the most practical or effective option

Two-Party System

There is no incentive for cooperation in a polarized system where both parties think they can win The party has become more important to voters than the candidate! The two-party system originally had parties that were too similar and stood for too little, now there is no overlap, and risk of a majority party oppressing the minority

Separation of powers & Unified/Divided gov.

Under unified government: Breakdown of separation of powers, no incentive to check the other branches Under divided government: No incentive to work with the branches controlled by other parties

Voting Rights Act (1965)

Using the 15th amendment, dismantled discriminatory voting practices (with preclearance requirements, requiring states federal approval for voting changes in states with slavery)

Tyrannical Majority

When a majority faction controls the nation's persuits at the expense of the minority's objectives (oppression of the minority) Response: electoral college (indirect election), checks and balances, bicameral legislature, staggered elections, difficulty amending the Constitution, Bill of Rights, the appointment of senators by state legislators

Unified Government

When the House, Senate, and Presidency are controlled by the same party

Divided Government

When the House, Senate, and Presidency are divided in party control - gridlock - more gamesmanship