Unit 1: Foundations of American Democracy
Marble Cake Federalism
also known as cooperative federalism, it developed during the New Deal and is characterized by the federal government's becoming more intrusive in what was traditionally states' powers
the statement of separation of the DOI
announcing to the world that the colonists had no choice but to revolt, Jefferson stated that it is not only the right, but the duty, of the colonists to change the govt.
Competitive Federalism
begun under Richard Nixon and known as the new federalism, this approach stressed the downsizing of the federal government and more reliance on revenue sharing and grants (fiscal federalism)
US v. Lopez: Majority Decision
in a 5-4 decision, the court held that enforcement of such an act comes under the authority of the states
The principle of limited govt...
is the extension of the philosophy of the enlightenment thinkers: government is created by the consent of the goverened
How does Madison define a republic?
A government in which the scheme of representation take place.
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption. -insisted on the BOR -argued that the principles of the DOI would be eroded by the new constitution -believed the constitution would firmly establish an economic elite and create the potential for an abusive federal government
commerce clause
Part of Article I of the Constitution that gives Congress the power to regulate interstate commerce (buying and selling of goods across state lines).
competing policy-making interests
within the constitution there are built-in mechanisms that create competitive policy-making interests and processes that guarantee that the people's interests will be represented.
Why have there been relatively few constitutional amendments?
A Constitution Amendment Bill requires more than a simple majority to be ratified
McCulloch v. Maryland (1819)
A Supreme Court case that guaranteed the supremacy of federal laws over state laws
Social Contract
An agreement between the people and their government signifying their consent to be governed
In 1984, Congress passed the National Minimum Drinking Age Act of 1984, stipulating that states must have a minimum drinking age of 21 in order to receive federal highway funding This is an example of which of the following aspects of federal incentives?
Mandates
McCulloch v Maryland: essential fact
Maryland imposed a state tax on the US National Bank located in that state
Which of the following Supreme Court cases established that federal laws have supremacy over state laws?
McCulloch v. Maryland (1819)
Weaknesses of the Articles of Confederation
One vote for each State, regardless of size. Congress powerless to lay and collect taxes or duties. Congress powerless to regulate foreign and interstate commerce. No executive to enforce acts of Congress. No national court system. Amendment only with consent of all States. A 9/13 majority required to pass laws. Articles only a "firm league of friendship."
Federalism
A system in which power is divided between the national and state governments
Medicaid
A federal and state assistance program that pays for health care services for people who cannot afford them. -federally funded
Medicare
A federal program of health insurance for persons 65 years of age and older
What are factions according to Madison?
A number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community
Limited Government
A principle of constitutional government; a government whose powers are defined and limited by a constitution. -The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
How does Madison define a "pure democracy"?
A society consisting of a small number of citizens, who assemble and administer the government in person.
Powers given to the federal government based upon:
Article I Article II Article III Article IV Article VI
Powers reserved to the states based upon:
Article IV Tenth amendment
An impeachment hearing is an example of
Checks and balances
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Three-Fifths Compromise
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
Which of the following best illustrates the concept of "separation of powers" in the US Constitution? Choose 1 answer:
Congress has authority over the federal budget, while the president appoints Supreme Court justices
State and local governments can become proving grounds for new ideas
Congress passing a law raising the minimum driving age to 21 States, not the federal government, have the reserved power to create policies on issuing driver's licenses as granted under the Tenth Amendment
What is Madison's solution for controlling the effects of factions?
Create a republic with large # of people and representatives
Powers denied to Congress
Denial of the Writ of Habeas Corpus Giving appeal protection to the accused The passage of bill of attainder laws Passage of ex post facto laws Pass export taxes or grant titles of nobility to citizens
US v. Lopez: Constitutional Issue
Did congress overstep it Commerce Authority in Article 1, Section 8 of the constitution?
Why did the Articles of Confederation make the national government so weak?
Did not want to be like Britain; wanted to try something different, giving more power to individual states
What are the causes of faction according to Madison?
Distribution of property (property differences)tendency to gravitate towards like-minded people different opinions on religion or govt freedom
Electoral College Compromise
Each state is allocated a number of electors equal to the number of its US senators (always two) plus the number of its US representatives (which may change each decade according to the size of each state's population as determined in the Census).Whichever party slate wins the most popular votes in the state becomes that state's electors—so that, in effect, whichever presidential ticket gets the most popular votes in a state wins all the electors of that state.
John Locke
English philosopher who advocated the idea of a "social contract" in which government powers are derived from the consent of the governed and in which the government serves the people; also said people have natural rights to life, liberty and property.
project grants
Federal categorical grant given for specific purposes and awarded on the basis of the merits of applications -based on competitive application
formula grants
Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.
Fiscal Federalism
Federal government using money (grants) to influence & control states.
Which of the branches of government did James Madison and Alexander Hamilton predict would be strongest? Which branch did they predict would be weakest?
Legislative, Judicial
Executive actions
Policy directives that are ordered by the President without any congressional authorization. These actions change existing federal policies that are under the jurisdiction of the federal government.
enumerated powers
Powers of the federal government that are explicitly named in the Constitution
implied powers
Powers of the federal government that are not explicitly named in the Constitution but are implied by the "necessary and proper" clause
How can we cure the "mischiefs of faction" and why are these remedies worse than the disease?
Remove the causes would mean taking away liberty and prevent creation of factions or control it's effects. Controlling peoples opinions is impossible and not right -The one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.
Before the Nineteenth Amendment to the US Constitution granted women the right to vote nationwide, 13 states allowed women the right to vote in their state elections. This is an example of which of the following aspects of federalism in the United States?
State and local governments can become proving grounds for new ideas
Thorton v Arkansas
State-imposed term limits were unconstitutional, indicating that the only way congressional terms could be altered was through an amendment.
Federalists
Supporters of the U.S. Constitution at the time the states were contemplating its adoption. -believed the new constitution, through its checks & balances and the separation of powers of the three branches of government, would ensure protection of minorities -represented the upper class
What is the complaint about government that Madison addresses in his essay?
That our government is too unstable and that the public good is rarely served and often disregarded. Also, that there is great injustice within the United States government
US v. Lopez: Essential Fact
The US congress passed the gun-free school zone safety act, which made the possession of a gun within a thousand yards of a school a federal crime
The birth of the Constitution
The first government system of the United States, the Articles of Confederation, had a weak national government due to concerns about centralized power stemming from the American colonies' experiences with the British monarchy. The US Constitution sought to remedy the weaknesses of the Articles without giving the central government so much power that it would become tyrannical. Passing the Constitution, however, required many compromises, such as the inclusion of the Electoral College and a dual system of representation in Congress. These compromises have had far-reaching consequences that still affect government in the United States today
What are the benefits of having a large rather than a small republic, according to Madison?
The influence of fascist leaders may kind to a flame within a particular states, but will be unable to spread a general count through the other states.
How does a republican form of government control the effects of minority faction, according to Madison?
The majority will control most; but minority will have some say. The majority can defeat the minority by a regular vote.
Constitutional Convention
The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Judicial Powers
The powers to interpret laws, to determine their meanings, and to settle disputes in society
Balancing state and federal power
The proper balance of power between the federal government and state governments has been a source of ongoing negotiation since the beginning. In some instances, federal power has been enhanced at the expense of state power, such as the ruling in the case McCulloch v. Maryland that federal laws are supreme over state laws. But federal power is limited, and the Supreme Court has also ruled that the government has overstepped its authority in cases such as US v. Lopez
Constitutionalism
The set of arrangements, including checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights, that requires our leaders to listen, think, bargain, and explain before they act or make laws. We then hold them politically and legally accountable for how they exercise their powers. -The US constitution, along with other founding documents such as the Federalist papers and the Declaration of Independence, resulted in our "constitutionalism"
In 1972, both houses of Congress passed the Equal Rights Amendment (ERA), a Constitutional amendment guaranteeing equal rights for all citizens regardless of sex. However, the amendment failed, as three-quarters of the states did not ratify it before the deadline expired. This is an example of which of the following aspects of federalism in the United States?
The sharing of power between states and the federal government constrains national policymaking Although the federal government passed the ERA, insufficient state support for the amendment led to its failure.
Complex policymaking processes
The structure of US government established in the Constitution purposely makes policymaking complicated, requiring various branches, institutions, and individuals to work together to accomplish goals. It deliberately places parts of government at odds with one another so that they rein each other in. These measures help to ensure that the people's will is represented by permitting many people to influence the policymaking process, as well as preserving freedom by limiting the power of government
How do most strict constructionists feel about the Patriot Act and other surveillance laws passed by Congress since the 9/11 terrorist attacks?
They do not support such laws because surveillance of American citizens is not explicitly listed as a power of Congress in the Constitution
Why are the compromises that were necessary to secure ratification of the Constitution still debated today?
They left some matters unresolved
Why does Madison conclude that the causes of faction cannot be removed?
To do so, you would have to destroy liberty and freedoms that allow them to exist. If liberty and freedom are destroyed, so is the government.
the philosophical basis of the DOI
Using Locke's philosophy, the DOI establishes "unalienable rights" as the cornerstone of natural rights. As a consequence of these rights, limited governments are formed receiving their powers from the "consent of the governed"
fiscal federalism leads to
grants
McCulloch v. Maryland: Unanimous Decision
the SC ruled that a state did not have the right to tax a federal institution, finding that "the power to tax is the power to destroy"
US v. Lopez: Minority Decision
the minority believed that the necessary and proper clause gave congress the right to pass the law because educational benefits impact the entire nation
Devolution
the transfer of powers and responsibilities from the federal government to the states
Federalist Party
wanted a strong federal government and supported industry and trade
Pluralists maintain that
-competing groups are healthy because they provide a political connection to government, offering government officials a choice -the competition often clarifies information and prevents any one group from dominating government -competing groups have each developed a political strategy to achieve their goals, and eventually the resources of one group will independently affect government policy
participatory model of government maintains that
-direct democracy that relies on majority rule defeats the idea of a representative form of government -this model can result in a violation of minority rights since all decisions are made by majority rule -a majority-rule approach to government can only work on a limited basis, such as in a "town hall meeting"
Mculloch v. Maryland
(1819) U.S. Supreme Court case that declared the Second Bank of the United States was constitutional and that Maryland could not interfere with it
Elite group theory maintains that
-power is concentrated in the largest and richest organizations -the unequal nature of the power of groups negates the fact that groups are proliferating -ultimately money talks, and these large groups will have the most influence
characteristic of the constitution
-separation of powers -checks and balances -elastic clause -reserved power clause -an impeachment clause -precedents and traditions -judicial review -amending process -inherent powers of the president
The Preamble sets forth the goals of the constitution
-the establishment of justice -the assurance of domestic tranquility -the promotion of the general welfare -the security of individual liberty
major parts of the Declaration of Independence
-the philosophical basis -the grievances -the statement of separation
Republicanism
*A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.* -stresses liberty, unalienable rights as centrist values, making people sovereign as a whole; it rejects monarchy, aristocracy, and inherited political power, expects citizens to be independent in their performance of civic duties, and reviles corruption.
Congressional Powers
*Article 2 Section 8 of constitution gives the legislature or congress 27 expressed powers*. A few are: Declare War Raise and fund army Regulate trade and commerce Levy taxes Borrow Money Investigate activities Impeach President Make laws for execution of expressed powers Collect Taxes Create National Guard Establish Federal Courts in addition to the Supreme Court Make Copyright laws Establish Post Offices Make Laws regarding the punishment for counterfeiting Coin Money Establish Uniform laws dealing with immigration and Naturalization
Executive Powers
*Article 2 Sections 2 and 3* -power to act as commander in chief -ability to obtain information from members of the executive branch -power to grant pardons -power to make treaties with the consent of the senate -appoint ambassadors, justices, and other officials with the advice and consent of the senate -power to sign and veto legislation -duty to give congress a State of the Union report -power to call special sessions of congress -inherent power of the president
Revisions made to the Constitution (6 categories)
- creating additional power for the federal government such as legalization of progressive income tax (*16th*) - limiting power to the state governments, such as prohibiting a state from making laws that deny equal protection for its citizens (*14th*) - granting the right to vote to various groups such as black males (*15th*), women (*19th*), and 18-year olds (*26th*) -taking away and adding to the power of the voter to elect public officials (*17th*) -direct election of senators (*22nd*) -changing the structure of government (*25th*, presidential succession and disability)
impeachment is the ultimate check of a president who abuses their power
- the HOR has the power to initiate impeachment proceedings - the senate has the power to try impeachment proceedings - the Chief Justice of the Supreme Court presides over impeachment trials
Compromise Results in a Bicameral Congress
-*Great Compromise* - split the convention between the larger, more populous, states and the smaller ones -smaller states led by NJ, insisted all states should have equal representation -VA plan argued that legislature based on population would be more equitable
Anti-Federalist Party
-A group of members that opposed the creation of a stronger US federal government and the Constitution. -They believed in a weak central government and strong state governments. -They supported small farmers and landowners. -They helped in preventing the Federalists from creating a political system like that of the British.
Contemporary fiscal federalism program areas
-categorical grants -block grants -revenue sharing
US v. Lopez
A Supreme Court case that stopped Congress from using the commerce clause to ban guns in schools
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. -The belief that having separate and equally powerful levels of government is the best arrangement.
Representative Democracy
A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.
Which of the following is one example of the weaknesses of the Articles of Confederation?
Amending the Articles required a unanimous vote of the states, which was nearly impossible
Revenue Sharing Grants
Federal grants distributing a portion of federal tax revenues to state and local governments
block grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services -go to local communities for specific purposes -states decide where and how to spend the money
categorical grants
Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions and minimum wages.
Balancing liberty and order
From the beginning, the US government has attempted to balance individual rights and liberties with the government power necessary to, as the Constitution puts it, "establish justice, insure domestic tranquility, [and] provide for the common defense." The Framers passed the Bill of Rights after the ratification of the Constitution as a safeguard for individual liberties
Liberty and Order
How a balance is achieved between the power of government and the individual rights
the grievances of the DOI
In a lawyerlike dissertation, the second part of the DOI makes the case against GB. Taxation without representation, unjust trials, forced quartering of British soldiers in private homes, abolition of colonial assemblies, and policy of mercantilism - these grievances created a logic for drastic change
What is the most common and durable source of faction according to Madison?
Various and unequal distribution of property.
What evidence does James Madison give in Federalist No. 10 that American government has been "tainted" by a "factious spirit"?
Where there is liberty, there is faction
McCulloch v. Maryland: Constitutional issue
Whether the Necessary and Proper Clause enabled the US to create a National Bank and whether Maryland had the right to tax it
Enlightenment thinkers proposed that...
a democracy should rely on the consent of the people, and asserted that there are natural rights that could not be taken away by the government
participatory democracy
a system of democracy in which all members of a group or community participate collectively in making major decisions -emphasizes participation in politics
pluralist democracy
a theory of democracy that holds that citizen membership in groups is the key to political power -various groups all vying for control of the political agenda -no single group emerges, forcing the groups to compromise -a centrist position is achieved, and, although no one group is totally happy, a number of groups, as a result of the bargaining that goes on, agree on mutually acceptable positions
elite democracy
a theory of democracy that limits the citizens' role to choosing among competing leaders -defines group behavior as deriving from an upper class. Elite and Class theory revolve around an economic stratum of society controlling the policy agenda -an upper class, recognized as the elite of society, controls the linkage institutions of government
Layer Cake Federalism
a way of describing the system of dual federalism in which there is a division of responsibilities between the state and the national governments
Great Compromise
agreement providing a dual system of congressional representation -senate (equal representation) -HOR (representation based on population)
Barron de Montesquieu
checks and balances separation of powers
In Article IV, the term "full faith and credit" is used to...
describe the mutual respect and legality of laws, public records, and judicial decisions made by states
Greek Democracy
direct democracy, citizens participate in government, three branches of government -govt rule should be that of the many rather than the few
Principles of American Government
limited government checks and balances separation of powers federalism popular soveriegnty representation
Tariff's at the constitutional convention
northerners wanted to tax southern exports to Europe to protect their own manufactured goods. The South did not want to tax European goods so that their own exports would not be taxed. -agreed to only tax imports
three models of representative democracy
pluralist participatory elite
Executive Orders
policy directives aimed at federal agencies -legally binding and can be reversed vy the congress and the courts
Federalist No. 10
problems of factions warned aganist political parties
2 types of categorical grants
project grants and formula grants
