ch 1-3 summaries
TRANSCRIPT
8/12/2019 Ch 1-3 Summaries
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Chapter 1:
Political Thinking, pgs. 1-20, introduces students to the variety of theories that are
identied with political science. But it also identies additional social science
theories that overlap into the eld of political science.
Political science, as an area of study, includes !erican govern!ent, international
relations, co!parative politics, pu"lic ad!inistration #pu"lic policy$, and political
theory #political philosophy$. %ur course focuses on !erican govern!ent.
&ike any area of study, whether it "e in the social sciences or the natural sciences,
!astering the no!enclature #uni'ue language$ is crucial. Ter!s like sovereignty,
the social contract, the state of nature, and pluralis! !ust "e understood.
(here in econo!ic theory, it)s a"out supply-and-de!and, e*ciency, and
co!petition, in political science it)s a"out power and the ac'uisition of power.
Patterson descri"es political culture as the !erican values that i!pact the syste!.
These include li"erty, e'uality, and self-govern!ent. +t is i!portant to understand
the funda!ental !eaning of these concepts. o dou"t that there is not a precise
denition for e'uality, "ut students need to grasp what eerson)s view is opposed
to what !any people "elieve today.
Patterson does not thoroughly descri"e the philosophical underpinnings of the
!erica syste!. /e is providing a general overview. /e does distinguish "etween
Tho!as /o""es who supported a"solutis! fro! ohn &ocke who argued for li!ited
govern!ent "ased on the social contract #or co!pact$. The contrast providesstudents with perspective.
+n other words, !any students have read a"out separation of powers, checks and
"alances, consent of the governed, and li!ited govern!ent. But Patterson
introduces a !ore epansive theoretical introduction. /e touches on elite theory
#the class analysis$, !aoritarianis! #which is self-eplanatory$, constitutionalis!
#li!ited govern!ent$, and pluralis! #the role that interest groups have on the
political process$.
Patterson descri"es the dierences "etween our uropean counterparts with the
latter)s tradition of an epansive role of govern!ent, higher taes, and an etensive
social safety net unlike the 3nited 4tates. +n !erica the focus is on rugged
5individualis!5 which e!phasi6es self-reliance and li!ited govern!ent. 4uch a
cultural value has aected what the !aority have epected fro! the pu"lic sector.
There is no perfect syste!. (hen descri"ing de!ocratic governance, there are
traditionally three types7 unitary, confederation, and federalis!. unitary syste! or
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parlia!entary for! is a !ore centrali6ed political syste! with no separation of
powers #the British syste!$. 8onfederation #practiced fro! 19:2-19:9$ is a syste!
where the states dictate to a weakened central authority what the latter can and
cannot do. The !erican syste! as evolved and is a hy"rid of "oth, called
federalis! where"y the central authority is do!inant in its sphere of responsi"ility,
"ut the states are also assigned specic responsi"ilities as well where theydo!inate.
Chapter 2:
8onstitutional ;e!ocracy7 Pro!oting &i"erty < 4elf-=overn!ent, pgs. 2>->2
provides a tre!endous a!ount of historical infor!ation involving the evolution of
the !erican political syste!. ti!e-line helps students to focus "y giving contet
to critical conditions.
199>7 !erican ?evolution occurs with reasons for the founders to "reak away fro!
the British. The issues involved ste! fro! the principles of the nlighten!ent, thephilosophical a!!unition directed at the British !onarch. (hy did the British need
to "egin taing the colonies@ The Arench < +ndian (ars were costly and the
!otherland wanted the colonists to assu!e the additional epenses generated for
increased security. The Townsend ;uties, the 4ta!p ct, violated the right against
no taation without representation.C
+n 19:2, an ar!istice is achieved with the British, giving the for!er colonies their
goal of independence. The 4econd 8ontinental 8ongress passes the rticles of
8onfederation that would create a weak central authority with the states
do!inating this lose association. (hen discussing de!ocratic syste!, three types
are generally considered7 "esides confederation, there is unitary and federal #the
latter "eing a hy"rid of the two previous syste!s$. unitary #so!eti!es referred to
as parlia!entary$ is a syste! where the central authority decides all !aor pu"lic
issues with weak states. federal syste! #so!eti!es referred to as presidential$
has a strong central authority, "ut the states also retain areas where they are
do!inant #welfare, education land use$.
series of institutional Daws are eperienced and identied under the syste! of
confederation #19:2-19:9$, necessitating a reevaluation if there !ay "e a "etter
and !ore e*cient govern!ental structure. ?eferred to today as the 8onstitutional
8onvention, its !e!"ers !eet in Philadelphia and decide to scrap confederationwith an entirely new govern!ental syste! that had never "een tried "efore, called
federalis!.
variety of elite interests are represented, with the large states versus the s!all
states, co!!ercial interests versus agrarian interests, and free states versus slave
states, all vying to assure that their concerns "e incorporated. 8o!pro!ises
8/12/2019 Ch 1-3 Summaries
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resulted with criticis! "eing directed of the proceedings and its results.
The pri!ary "lueprint of the future !erican political syste! is the Eirginia Plan
which class for a "ica!eral legislature "ased on population si6e and ta
contri"utions. The counter, presented "y the s!all states is called the ew ersey
Plan, advocating for a unica!eral legislature were representation would "e "asedon the old for!ula under confederationFstate e'uality. The end result is called the
=reat 8o!pro!ise #8onnecticut 8o!pro!ise$ where the lower cha!"er would
reDect the will of the large states #ecluding taing$ and the upper cha!"er would
reDect the will of the s!all states.
4lavery is another touchy su"ect as the convention. The slave states want to "e
assured that their despica"le syste! that violates natural law, "e protected. They
insisted that their slave population "e counted for purposes of representation. The
so-called free statesC initially reect the proposal "ut reali6e that yet another
co!pro!ise !ust "e accepted for the sake of the proposed union. 4o slaves will "e
counted as three-fths of a person, the i!portation of slaves would "e allowed for
another 20 years #1:0:$, and if a slave escapes, heGshe !ust "e returned to the
property owner.C
%nce the 8onstitution along with its 9 rticles is put out for ratication, two groups
ariseFthose who support ratication co!e to "e known as Aederalists and those
who opposed it co!e to "e known as nti-federalists. !ericaHs contri"ution to
political philosophy can "e found in the Aederalist Papers,C written "y /a!ilton,
Iadison, and ay, as a defense of the 8onstitution.
nu!"er of i!portant principles are its "yproduct that students need to "e awareof7
a$ ational or Aederal Powers #pressed Powers$ are found in the nu!erated
Powers found in rticle 1, 4ec. : of the 8onstitution.
"$ 8oncurrent Powers are those responsi"ilities assu!ed "y "oth the federal and the
state govern!ents, i.e., the power to ta, to enforce laws and to police,
c$ ?eserved Powers, ste!!ing fro! !end!ent J, which its advocates argue
provides to the states tre!endous authority. The ideologue would insist that the
only activity allowed to the national govern!ent is enu!erated #listed$ in rticle 1
and no !ore. This was the eersonian ideal.d$ +!plied Powers is the /a!iltonian vision of how the 8onstitution should "e
interpreted and what is allowed under its provisions. /a!ilton would use the
necessary and properC clause in rticle 1, 4ection :, to insist that the federal
govern!ent can do what it wants as long as there is no prohi"ition !entioned in
8onstitution. nd if any state should disagree, rticle J+ stipulates that the
8onstitution and the laws that its outgrowth, are the supre!e law of the land.C
8/12/2019 Ch 1-3 Summaries
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The evolution of the !erican syste! would struggle with the issue of federal
authority and states rights throughout its history. The 3.4. ghts a "loody 8ivil (ar
dealing specically with these dierences, a result of the a!"iguous nature of the
8onstitution.
+ have touched upon so!e key areas of 8hapter 2. Aor a !ore co!prehensivereview and preparation, go to 8ourse ;ocu!ents.
Chapter 3:
Aederalis!7 Aorging ation, pgs. >>-101, Aederalis! is !ericaHs contri"ution to
the worldHs political syste!s. +tHs a hy"rid of "oth a syste! of confederation and
unitary #parlia!entary$. 8oncepts, such as reserved powers #state powers$, i!plied
powers, concurrent powers, enu!erated #epressed powers or national powers$
should "e understood at this stage.
+n the evolution of the political syste!, !ericans hold what a!ounts to dualciti6enship. They are citi6ens of the 3nited 4tates and the states in which they
reside. +t is a testa!ent too li!iting centrali6e authority without unnecessarily
co!pro!ising its eectiveness. The pro"le!s encountered under the short-lived
syste! of confederation after the end of the ?evolutionary (ar re'uired a dra!atic
change in govern!ent. t the 8onstitutional 8onvention in Philadelphia #19:9$, the
fra!ers had to esta"lish a "alance--epanding the powers of the national
govern!ent without threatening the states. They achieved their goal "y doing
so!ething that had never "een considered, let alone atte!ptedFsovereignty would
"e divided "etween the national govern!ent and the state govern!ents.
8onfederation was an attractive alternative to colonial rule, at least initially. But far
too !any pro"le!s arose under a syste! that essentially allowed the for!er
colonies to "eco!e independent nation-states. That govern!ent is "est which
governs least,C was a fallacy reDected "y its advocates. (ith no power to ta, no
unifor! co!!erce or !onetary policy, no a"ility to enforce its decrees, and no
eecutive or udicial "ranches, the syste! was dysfunctional crying out for dra!atic
change.
4tudents should try to put the!selves in the !indset of the fra!ers. %"viously,
they distrusted concentrated power and "eing products of the nlighten!ent, they
tended to have a !ore opti!istic view of hu!an nature co!pared to previousgenerations. +n ha!!ering out a new 8onstitution, they settled on seven articles.
The rst three would eplain the roles of the three !aor "ranches of the proposed
federal govern!ent. rticle 1 would deal with what would "e the !ost i!portant
"ranch, the one closest to the de!ands of the peopleFthe legislature. nd in rticle
1, 4ection :, there is a list of seventeen enu!erated #to enu!erate7 to list$ powers.
These would include the power to lay and collect taes, the power over interstate
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co!!erce, the power to declare war, etc.
%ne of the !aor clauses in rticle 1 is the necessary and properC clause
#so!eti!es referred to as the elastic clause$. +nvoked "y leander /a!ilton in
arguing for an epansion of the powers of the federal govern!ent, as the rst
4ecretary of the Treasury, /a!ilton envisioned the critical necessity of a sta"le,diverse, and growing econo!y that would enhance the infant nationHs econo!ic
develop!ent. +n proposing the creation of a national "ank "y the federal
govern!ent #a!ong !any of his policy initiatives$, /a!ilton correctly assu!ed that
the sta"ility of the currency re'uired such an institution.
But there was a pro"le!. The enu!erated powers did not specically include the
creation and incorporation of a national "ank. /ow to get around this !issing "ut
critical necessity@ /a!ilton found a solution "y developing his theory of +!plied
Powers which argues that the federal govern!ent has the legiti!ate authority to
epand into any and all areas that are no prohi"ited "y the 8onstitution. 4ince the
nu!erated Powers assigns to the federal govern!ent econo!ic responsi"ilities,
i.e., the power to lay and collect taes, the powers to coin !oney, etc., therefore it
can create a "ank. Aurther!ore, if any state should challenge such authority, rticle
E+ provides a ready response7 This 8onstitution and the &aws of the 3nited
4tates ... shall "e the supre!e &aw of the &and.C 4ince the federal govern!ent has
sole responsi"ility for the 8onstitutionHs i!ple!entation, argued /a!ilton, no state
can challenge the legiti!acy of its authority or actions.
+n reaction to /a!ilton, Tho!as eerson and his supporters had a !uch dierent
view of what the proper role of the federal govern!ent should "e. pplying the
Tenth !end!ent, which stipulates, The powers not delegated to the 3nited4tates "y the 8onstitution, nor prohi"ited "y it to the 4tates, are reserved to the
4tates.C +t was later to "e called reserved powers,C and its proponents throughout
!ericaHs history would atte!pt to li!it the epanding federal authority.
3nfortunately, supporters of slavery #ohn 8. 8alhoun$ would include eersonHs
theory of nullication to argue against any federal eort to dis!antle this heinous
syste!.
+t would "e the 4upre!e 8ourt that would serve to epand central authority, with
Aederalists do!inating for the three decades during after eerson left o*ce.Ic8ulloch v. Iaryland #1:1K$ dealt specically with the creation of the "ank. 8hief
ustice ohn Iarshall #considered the greatest chief ustice in !ericaHs history$
applied /a!iltonHs theory to ustifying the esta"lish!ent of a federal "ank in the
state of Iaryland.
(hen a statesH rights advocate ?oger Taney "eca!e chief ustice after IarshallHs
death, a new ideological direction was epected. The infa!ous ;red 4cott decision
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#1:L9$ is its land!ark case, unfortunately. rguing that the Iissouri 8o!pro!ise
was unconstitutional, and that slaves were property, Taney essentially said that
4cott had no "usiness "eing "efore the 8ourt. The 8ivil (ar ensued and its
after!ath resulted in the passage of three additional a!end!ents to the
8onstitution, the J+++ #which !ade slavery illegal$, the J+E #which provided
citi6enship to for!er slaves$ and the JE #which stipulated that "lack !ales have theright to vote$.
fter the 8ivil (ar, the 4upre!e 8ourt e!"raced a laisse6 faire philosophy when +
ca!e to regulating the econo!y and adopted dual federalis!,C which stipulates
that the federal govern!ent is sovereign in certain areas, such as interstate
co!!erce and defense and the states are sovereign in pu"lic health and intrastate
co!!erce, as ea!ples. The point "eing that "oth the federal govern!ent and
states have ulti!ate authority in specic areas and they are to "e respected and
protected. Aro! the 1:>0s to the 1KM0s, the 4upre!e 8ourt essentially prevented
any serious regulation over the econo!y.
8ases involving child la"or, collective "argaining, protecting against unsafe working
conditions were reected "y the federal courts as outside the purview of federal
responsi"ility. The 8ourt weakened national regulatory power "y li!iting the
co!!erce authority.
The =reat ;epression would change the direction of the federal courts and
dra!atically epand govern!ent involve!ent in regulating the econo!y and rightly
so. +nitially Aranklin ;. ?ooseveltHs ew ;eal policies were ruled unconstitutional.
nd as a conse'uence, there irrupted an ideological war in the 1KM0s, with the
President wanting to epand the si6e of the 8ourt to get rulings accepta"le to theconditions of the ti!es. /is 8ourt packingC eorts were reected "y !uch of the
pu"lic "ut eventually, with retire!ents and change on the 8ourt, an epanded
regulatory role was accepted.
These refor!s created a slew of regulatory agencies and progra!s, such as the
A;+8, the epansion of the 48, the "irth of the ?, 4ocial 4ecurity, and
une!ploy!ent insurance. The goal was to !ake the econo!y !ore sta"le and
!ini!i6e any future serious econo!ic catastrophe.
Aurther reading of the chapter will introduce students cooperative federalis!, scalfederalis!, unfunded !andates, grants, and devolution. 4tudents can nd ready
answers to these concepts "y co!pleting the chapter and doing the work at 8ourse
;ocu!ents.
8hapter 17 Political Thinking, pgs. 1-20, introduces students to the variety of
theories that are identied with political science. But it also identies additional
social science theories that overlap into the eld of political science.
8/12/2019 Ch 1-3 Summaries
http://slidepdf.com/reader/full/ch-1-3-summaries 7/12
Political science, as an area of study, includes !erican govern!ent, international
relations, co!parative politics, pu"lic ad!inistration #pu"lic policy$, and political
theory #political philosophy$. %ur course focuses on !erican govern!ent.
&ike any area of study, whether it "e in the social sciences or the natural sciences,!astering the no!enclature #uni'ue language$ is crucial. Ter!s like sovereignty,
the social contract, the state of nature, and pluralis! !ust "e understood.
(here in econo!ic theory, it)s a"out supply-and-de!and, e*ciency, and
co!petition, in political science it)s a"out power and the ac'uisition of power.
Patterson descri"es political culture as the !erican values that i!pact the syste!.
These include li"erty, e'uality, and self-govern!ent. +t is i!portant to understand
the funda!ental !eaning of these concepts. o dou"t that there is not a precise
denition for e'uality, "ut students need to grasp what eerson)s view is opposed
to what !any people "elieve today.
Patterson does not thoroughly descri"e the philosophical underpinnings of the
!erica syste!. /e is providing a general overview. /e does distinguish "etween
Tho!as /o""es who supported a"solutis! fro! ohn &ocke who argued for li!ited
govern!ent "ased on the social contract #or co!pact$. The contrast provides
students with perspective.
+n other words, !any students have read a"out separation of powers, checks and
"alances, consent of the governed, and li!ited govern!ent. But Patterson
introduces a !ore epansive theoretical introduction. /e touches on elite theory#the class analysis$, !aoritarianis! #which is self-eplanatory$, constitutionalis!
#li!ited govern!ent$, and pluralis! #the role that interest groups have on the
political process$.
Patterson descri"es the dierences "etween our uropean counterparts with the
latter)s tradition of an epansive role of govern!ent, higher taes, and an etensive
social safety net unlike the 3nited 4tates. +n !erica the focus is on rugged
5individualis!5 which e!phasi6es self-reliance and li!ited govern!ent. 4uch a
cultural value has aected what the !aority have epected fro! the pu"lic sector.
There is no perfect syste!. (hen descri"ing de!ocratic governance, there are
traditionally three types7 unitary, confederation, and federalis!. unitary syste! or
parlia!entary for! is a !ore centrali6ed political syste! with no separation of
powers #the British syste!$. 8onfederation #practiced fro! 19:2-19:9$ is a syste!
where the states dictate to a weakened central authority what the latter can and
cannot do. The !erican syste! as evolved and is a hy"rid of "oth, called
federalis! where"y the central authority is do!inant in its sphere of responsi"ility,
8/12/2019 Ch 1-3 Summaries
http://slidepdf.com/reader/full/ch-1-3-summaries 8/12
"ut the states are also assigned specic responsi"ilities as well where they
do!inate.
8hapter 27 8onstitutional ;e!ocracy7 Pro!oting &i"erty < 4elf-=overn!ent, pgs.
2>->2 provides a tre!endous a!ount of historical infor!ation involving the
evolution of the !erican political syste!. ti!e-line helps students to focus "ygiving contet to critical conditions.
199>7 !erican ?evolution occurs with reasons for the founders to "reak away fro!
the British. The issues involved ste! fro! the principles of the nlighten!ent, the
philosophical a!!unition directed at the British !onarch. (hy did the British need
to "egin taing the colonies@ The Arench < +ndian (ars were costly and the
!otherland wanted the colonists to assu!e the additional epenses generated for
increased security. The Townsend ;uties, the 4ta!p ct, violated the right against
no taation without representation.C
+n 19:2, an ar!istice is achieved with the British, giving the for!er colonies their
goal of independence. The 4econd 8ontinental 8ongress passes the rticles of
8onfederation that would create a weak central authority with the states
do!inating this lose association. (hen discussing de!ocratic syste!, three types
are generally considered7 "esides confederation, there is unitary and federal #the
latter "eing a hy"rid of the two previous syste!s$. unitary #so!eti!es referred to
as parlia!entary$ is a syste! where the central authority decides all !aor pu"lic
issues with weak states. federal syste! #so!eti!es referred to as presidential$
has a strong central authority, "ut the states also retain areas where they are
do!inant #welfare, education land use$.
series of institutional Daws are eperienced and identied under the syste! of
confederation #19:2-19:9$, necessitating a reevaluation if there !ay "e a "etter
and !ore e*cient govern!ental structure. ?eferred to today as the 8onstitutional
8onvention, its !e!"ers !eet in Philadelphia and decide to scrap confederation
with an entirely new govern!ental syste! that had never "een tried "efore, called
federalis!.
variety of elite interests are represented, with the large states versus the s!all
states, co!!ercial interests versus agrarian interests, and free states versus slave
states, all vying to assure that their concerns "e incorporated. 8o!pro!ises
resulted with criticis! "eing directed of the proceedings and its results.
The pri!ary "lueprint of the future !erican political syste! is the Eirginia Plan
which class for a "ica!eral legislature "ased on population si6e and ta
contri"utions. The counter, presented "y the s!all states is called the ew ersey
Plan, advocating for a unica!eral legislature were representation would "e "ased
on the old for!ula under confederationFstate e'uality. The end result is called the
8/12/2019 Ch 1-3 Summaries
http://slidepdf.com/reader/full/ch-1-3-summaries 9/12
=reat 8o!pro!ise #8onnecticut 8o!pro!ise$ where the lower cha!"er would
reDect the will of the large states #ecluding taing$ and the upper cha!"er would
reDect the will of the s!all states.
4lavery is another touchy su"ect as the convention. The slave states want to "e
assured that their despica"le syste! that violates natural law, "e protected. Theyinsisted that their slave population "e counted for purposes of representation. The
so-called free statesC initially reect the proposal "ut reali6e that yet another
co!pro!ise !ust "e accepted for the sake of the proposed union. 4o slaves will "e
counted as three-fths of a person, the i!portation of slaves would "e allowed for
another 20 years #1:0:$, and if a slave escapes, heGshe !ust "e returned to the
property owner.C
%nce the 8onstitution along with its 9 rticles is put out for ratication, two groups
ariseFthose who support ratication co!e to "e known as Aederalists and those
who opposed it co!e to "e known as nti-federalists. !ericaHs contri"ution to
political philosophy can "e found in the Aederalist Papers,C written "y /a!ilton,
Iadison, and ay, as a defense of the 8onstitution.
nu!"er of i!portant principles are its "yproduct that students need to "e aware
of7
a$ ational or Aederal Powers #pressed Powers$ are found in the nu!erated
Powers found in rticle 1, 4ec. : of the 8onstitution.
"$ 8oncurrent Powers are those responsi"ilities assu!ed "y "oth the federal and the
state govern!ents, i.e., the power to ta, to enforce laws and to police,
c$ ?eserved Powers, ste!!ing fro! !end!ent J, which its advocates argueprovides to the states tre!endous authority. The ideologue would insist that the
only activity allowed to the national govern!ent is enu!erated #listed$ in rticle 1
and no !ore. This was the eersonian ideal.
d$ +!plied Powers is the /a!iltonian vision of how the 8onstitution should "e
interpreted and what is allowed under its provisions. /a!ilton would use the
necessary and properC clause in rticle 1, 4ection :, to insist that the federal
govern!ent can do what it wants as long as there is no prohi"ition !entioned in
8onstitution. nd if any state should disagree, rticle J+ stipulates that the
8onstitution and the laws that its outgrowth, are the supre!e law of the land.C
The evolution of the !erican syste! would struggle with the issue of federal
authority and states rights throughout its history. The 3.4. ghts a "loody 8ivil (ar
dealing specically with these dierences, a result of the a!"iguous nature of the
8onstitution.
+ have touched upon so!e key areas of 8hapter 2. Aor a !ore co!prehensive
review and preparation, go to 8ourse ;ocu!ents.
8/12/2019 Ch 1-3 Summaries
http://slidepdf.com/reader/full/ch-1-3-summaries 10/12
8hapter M7 Aederalis!7 Aorging ation, pgs. >>-101, Aederalis! is !ericaHs
contri"ution to the worldHs political syste!s. +tHs a hy"rid of "oth a syste! of
confederation and unitary #parlia!entary$. 8oncepts, such as reserved powers
#state powers$, i!plied powers, concurrent powers, enu!erated #epressed powers
or national powers$ should "e understood at this stage.
+n the evolution of the political syste!, !ericans hold what a!ounts to dual
citi6enship. They are citi6ens of the 3nited 4tates and the states in which they
reside. +t is a testa!ent too li!iting centrali6e authority without unnecessarily
co!pro!ising its eectiveness. The pro"le!s encountered under the short-lived
syste! of confederation after the end of the ?evolutionary (ar re'uired a dra!atic
change in govern!ent. t the 8onstitutional 8onvention in Philadelphia #19:9$, the
fra!ers had to esta"lish a "alance--epanding the powers of the national
govern!ent without threatening the states. They achieved their goal "y doing
so!ething that had never "een considered, let alone atte!ptedFsovereignty would
"e divided "etween the national govern!ent and the state govern!ents.
8onfederation was an attractive alternative to colonial rule, at least initially. But far
too !any pro"le!s arose under a syste! that essentially allowed the for!er
colonies to "eco!e independent nation-states. That govern!ent is "est which
governs least,C was a fallacy reDected "y its advocates. (ith no power to ta, no
unifor! co!!erce or !onetary policy, no a"ility to enforce its decrees, and no
eecutive or udicial "ranches, the syste! was dysfunctional crying out for dra!atic
change.
4tudents should try to put the!selves in the !indset of the fra!ers. %"viously,
they distrusted concentrated power and "eing products of the nlighten!ent, theytended to have a !ore opti!istic view of hu!an nature co!pared to previous
generations. +n ha!!ering out a new 8onstitution, they settled on seven articles.
The rst three would eplain the roles of the three !aor "ranches of the proposed
federal govern!ent. rticle 1 would deal with what would "e the !ost i!portant
"ranch, the one closest to the de!ands of the peopleFthe legislature. nd in rticle
1, 4ection :, there is a list of seventeen enu!erated #to enu!erate7 to list$ powers.
These would include the power to lay and collect taes, the power over interstate
co!!erce, the power to declare war, etc.
%ne of the !aor clauses in rticle 1 is the necessary and properC clause#so!eti!es referred to as the elastic clause$. +nvoked "y leander /a!ilton in
arguing for an epansion of the powers of the federal govern!ent, as the rst
4ecretary of the Treasury, /a!ilton envisioned the critical necessity of a sta"le,
diverse, and growing econo!y that would enhance the infant nationHs econo!ic
develop!ent. +n proposing the creation of a national "ank "y the federal
govern!ent #a!ong !any of his policy initiatives$, /a!ilton correctly assu!ed that
the sta"ility of the currency re'uired such an institution.
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that the federal govern!ent is sovereign in certain areas, such as interstate
co!!erce and defense and the states are sovereign in pu"lic health and intrastate
co!!erce, as ea!ples. The point "eing that "oth the federal govern!ent and
states have ulti!ate authority in specic areas and they are to "e respected and
protected. Aro! the 1:>0s to the 1KM0s, the 4upre!e 8ourt essentially prevented
any serious regulation over the econo!y.
8ases involving child la"or, collective "argaining, protecting against unsafe working
conditions were reected "y the federal courts as outside the purview of federal
responsi"ility. The 8ourt weakened national regulatory power "y li!iting the
co!!erce authority.
The =reat ;epression would change the direction of the federal courts and
dra!atically epand govern!ent involve!ent in regulating the econo!y and rightly
so. +nitially Aranklin ;. ?ooseveltHs ew ;eal policies were ruled unconstitutional.
nd as a conse'uence, there irrupted an ideological war in the 1KM0s, with the
President wanting to epand the si6e of the 8ourt to get rulings accepta"le to the
conditions of the ti!es. /is 8ourt packingC eorts were reected "y !uch of the
pu"lic "ut eventually, with retire!ents and change on the 8ourt, an epanded
regulatory role was accepted.
These refor!s created a slew of regulatory agencies and progra!s, such as the
A;+8, the epansion of the 48, the "irth of the ?, 4ocial 4ecurity, and
une!ploy!ent insurance. The goal was to !ake the econo!y !ore sta"le and
!ini!i6e any future serious econo!ic catastrophe.
Aurther reading of the chapter will introduce students cooperative federalis!, scalfederalis!, unfunded !andates, grants, and devolution. 4tudents can nd ready
answers to these concepts "y co!pleting the chapter and doing the work at 8ourse
;ocu!ents.