i. constitutional underpinnings1. 2 a. the purpose of politics politics is... bag demo politics...

I. Constitutional UnderpinningsI. Constitutional Underpinnings 11

I. Constitutional I. Constitutional UnderpinningsUnderpinnings


A.A. The purpose of politics The purpose of politics Politics is . . . Bag DemoPolitics is . . . Bag Demothe apparatus that selects our leaders who then fullfill the apparatus that selects our leaders who then fullfill

positions in institutions (positions in institutions (governmentgovernment) that make ) that make policy, using the policy, using the policymaking systempolicymaking system. It is . It is conflictual in nature. . .if one wishes or not wishes conflictual in nature. . .if one wishes or not wishes to reach a consensus. to reach a consensus.

1.1. System - Define democracy –System - Define democracy – it selects + formulates policy which represents + it selects + formulates policy which represents +

responds to the public preferences.responds to the public preferences.


a. Theory encompasses:a. Theory encompasses:(1) equality in voting(1) equality in voting(2) effective participation(2) effective participation(3) Enlightened understanding - plethora of ideas. . .(3) Enlightened understanding - plethora of ideas. . .(4) citizen control of the agenda.(4) citizen control of the agenda.(5) inclusion of all who are willing to participate.(5) inclusion of all who are willing to participate.b. Mb. Majority rule w/ minority rightsajority rule w/ minority rights. An issue of . An issue of

“power” “power” . . What is a majority . . . (Minority Demo) What is a majority . . . (Minority Demo) Majority = An acculumalation of minoritiesMajority = An acculumalation of minorities


B. Who really B. Who really GovernsGoverns??4 theories. . . 4 theories. . . (1) (1) Pluralist theoryPluralist theory - competition among groups - competition among groups

. . .NRA, NOW, UAW, AARP; seek their . . .NRA, NOW, UAW, AARP; seek their agenda. . .Has modern society made these agenda. . .Has modern society made these groups less effective? i.e., Putnam. . .groups less effective? i.e., Putnam. . .

(2) (2) Elite + Class TheoryElite + Class Theory - Class splits . . .Big - Class splits . . .Big Business rules! Business rules!

(3) (3) HyperpluralismHyperpluralism - Groups divide gov’t, - Groups divide gov’t, making it ineffective. . .making it ineffective. . .

(4) Theory of (4) Theory of oneone. . . . . .


C. Political theorists represent theoriesC. Political theorists represent theories

1. 1. HumeHume - 1734-1750’s - Human nature that man was - 1734-1750’s - Human nature that man was evil. . .Gov’t by the many with negotiation and compromise evil. . .Gov’t by the many with negotiation and compromise promoting a promoting a unionunion + eventually establishing a + eventually establishing a republic.republic.

2. Hobbes2. Hobbes - one needs an inherited monarchy to promote the - one needs an inherited monarchy to promote the legitimacy of gov’t. Absolutism rules. . .Self interest is nat’l legitimacy of gov’t. Absolutism rules. . .Self interest is nat’l interest > > > Laws = order. interest > > > Laws = order.

3. 3. Locke - 1689 - social contract theory - Life, liberty and - 1689 - social contract theory - Life, liberty and property - Consent of the gov’t by Parliament( few) who had property - Consent of the gov’t by Parliament( few) who had a stake in society because it represented people of a stake in society because it represented people of property. . .poor people don’t lose much when life property. . .poor people don’t lose much when life deteriorates. Natural rights dominates gov’t rule!deteriorates. Natural rights dominates gov’t rule!

4. Rousseau4. Rousseau – Man was corrupted by an evil society. Rule by all – Man was corrupted by an evil society. Rule by all - a complete democracy;a community of the whole-- - a complete democracy;a community of the whole-- MobacracyMobacracy - or maybe Direct Democracy. - or maybe Direct Democracy.


If one put these 4 on a spectrum, where would they If one put these 4 on a spectrum, where would they fall?fall?

RousseauRousseau Hume Locke Hobbes Hume Locke HobbesAllAll Many Few Many Few OneOnehyperplurlism plurlism Elite/classhyperplurlism plurlism Elite/classAbsoluteAbsolute

THESIS STATEMENT:THESIS STATEMENT:Directions: on a 5 X 8 notecard. . .write a topic Directions: on a 5 X 8 notecard. . .write a topic

statement and a minimum of five supporting statement and a minimum of five supporting sentences. . . 10 Minutessentences. . . 10 Minutes

Compare and contrast two of the four political Compare and contrast two of the four political philosophers’ ideas (Hobbes, Locke, Rousseau + philosophers’ ideas (Hobbes, Locke, Rousseau + Hume ) in establishing who governs in a Hume ) in establishing who governs in a democracy?democracy?


Thesis statementsThesis statementsDirections: on a 5 X 8 notecard. . .write a topic Directions: on a 5 X 8 notecard. . .write a topic

statement and minimum of five supporting statement and minimum of five supporting sentences.sentences.““The goal of a successful government is to make The goal of a successful government is to make policy that is legitimate and benefits the masses”.policy that is legitimate and benefits the masses”.Assess the validity of this statement by explaining Assess the validity of this statement by explaining (why + how) which political theoriest (Locke, (why + how) which political theoriest (Locke, Hume, Hobbes or Rousseau) would provide a more Hume, Hobbes or Rousseau) would provide a more democratic government that would be the most democratic government that would be the most productive in meeting the needs of the masses. productive in meeting the needs of the masses.

15 points15 points


Underpinnings Underpinnings Thesis statementThesis statement

Directions: on a 5 X 8 notecard. . .write a topic Directions: on a 5 X 8 notecard. . .write a topic statement and a minimum of five supporting statement and a minimum of five supporting sentences.sentences.

Many eligible Americans do not participate in the Many eligible Americans do not participate in the political process. WHY?political process. WHY?

Which theory, i.e, pluralist, hyperpluralist, elite class Which theory, i.e, pluralist, hyperpluralist, elite class theory, or rule of one; are the non participants theory, or rule of one; are the non participants supporting in this process.supporting in this process.

Explain theorist (Locke, Hume, Hobbes or Explain theorist (Locke, Hume, Hobbes or Rousseau) would agree with that assessment?Rousseau) would agree with that assessment?

15 points15 points


D. When one governs, one seeks power --D. When one governs, one seeks power --Define:Define:Ability to persuade someone else that it is in their Ability to persuade someone else that it is in their

(self)ish interest to follow you (self)ish interest to follow you 1. 1. PowerPower can be distributed three ways in a can be distributed three ways in a

democracy: democracy: (a) power elite - (Hobbes) - Representative (a) power elite - (Hobbes) - Representative

DemocracyDemocracy


(b) political elite- (Hobbes + Locke) - (b) political elite- (Hobbes + Locke) - Participatory democracy Participatory democracy

(c) majoritarian rule- (Locke or Hume) Direct (c) majoritarian rule- (Locke or Hume) Direct Democracy Democracy

d. Mob rule - Rousseaud. Mob rule - Rousseau2. What does one do with power? --- 2. What does one do with power? --- Make Make PolicyPolicy: - Actions of Gov’t. . . : - Actions of Gov’t. . . Policy Making Wheel of Fortune Wheel of Fortune


3. How much gov’t should be available. .3. How much gov’t should be available. . 1. Liberals vs. Conservative models. .1. Liberals vs. Conservative models. . A lot A lot Alittle Alittle of govtof govt govtgovt


4. What is the 4. What is the purposepurpose of gov’t; and does it of gov’t; and does it fulfilling its purpose make it legitimate? fulfilling its purpose make it legitimate?

a. Maintain the social order by:a. Maintain the social order by:(1) protecting property - “breaking unions”. . .(1) protecting property - “breaking unions”. . .

Moving the goods. . . keeping the airlines flying. Moving the goods. . . keeping the airlines flying. (2) Right to have militias(2) Right to have militias(3) Economics can take over to make a difference (3) Economics can take over to make a difference

between have and have nots.between have and have nots.b. Provide Public Goods:b. Provide Public Goods:

(1) establish infrastructure -- i.e. RR’s (1) establish infrastructure -- i.e. RR’s (2) Public school system - It took until the New(2) Public school system - It took until the NewDeal for Feds to truly get gov’t involved.Deal for Feds to truly get gov’t involved.


c. Promote equality . . . c. Promote equality . . . 1. Freedom “to” and Freedom “from” unless it 1. Freedom “to” and Freedom “from” unless it compromises someone else’s rightcompromises someone else’s right(a) of opportunity - go for it, you are the catalyst, It also means (a) of opportunity - go for it, you are the catalyst, It also means

competition. Your the mover!competition. Your the mover!Where does that idea fall on the political spectrum?Where does that idea fall on the political spectrum?Conservative ideaConservative idea(b) of condition- Since 1960’s (LBJ’s Great Society program-- (b) of condition- Since 1960’s (LBJ’s Great Society program--

Head Start, Domestic Peace Corps “Some are more equal than Head Start, Domestic Peace Corps “Some are more equal than others: (Medicare and Medicaid programs) and the Feds will others: (Medicare and Medicaid programs) and the Feds will fix the problem. fix the problem. Initiated by the Civil Rights Movement. Initiated by the Civil Rights Movement.

(c) of Outcome - i.e. Affirmative Action - not just a boost but (c) of Outcome - i.e. Affirmative Action - not just a boost but Gov’t has an obligation to promote minority development. Gov’t has an obligation to promote minority development. Project evolved from helping the black male to the white Project evolved from helping the black male to the white female. female.


Starpower SimulationStarpower Simulation

The following exercise will provide us with The following exercise will provide us with some political observations concerning human some political observations concerning human nature, power, competition and something nature, power, competition and something often referred to as the state of nature. Follow often referred to as the state of nature. Follow the rules carefully for infractions, either minor the rules carefully for infractions, either minor or major, will cost you points.or major, will cost you points.

This simulation is comprised of three rounds:This simulation is comprised of three rounds: Trading roundTrading round Scoring roundScoring round Bonus roundBonus round


In this simulation. . .one’s goal is to In this simulation. . .one’s goal is to acculumate points. The more points you acculumate points. The more points you have . . .the more power one acquires. ALSO, have . . .the more power one acquires. ALSO, the more points you acculumate, the higher the the more points you acculumate, the higher the GRADE you will acquire. The best score will GRADE you will acquire. The best score will earn 50 points, the rest will be pro-rated. earn 50 points, the rest will be pro-rated.

How does one acculumate points? This is How does one acculumate points? This is accomplished by trading one’s chips one has accomplished by trading one’s chips one has selected during the opening round.selected during the opening round.


Selection RoundSelection Round

Step One: Upon entering the room, students MUST be Step One: Upon entering the room, students MUST be silent.silent.

Step Two: Each student will select five chips randomly Step Two: Each student will select five chips randomly from the container. Any FIVE chips will do; for at from the container. Any FIVE chips will do; for at this point the chips hold no value. The student, this point the chips hold no value. The student, however, will NOT divulge the contents of their however, will NOT divulge the contents of their selection to anyone except the instructor. Their selection to anyone except the instructor. Their selection is secret.selection is secret.

Step Three: Display the scoresheet, informing the Step Three: Display the scoresheet, informing the students the value of their chips. Remember the goal students the value of their chips. Remember the goal of this exercise is to score points. . .The more points of this exercise is to score points. . .The more points the more power!the more power!

Some students, because of LUCK, have a lot of points. . Some students, because of LUCK, have a lot of points. . .some students DO NOT!.some students DO NOT!


Trading RoundTrading RoundStep Four: During this round students will trade chips with each other to score Step Four: During this round students will trade chips with each other to score

more points. more points. Students currently have five chips in their possession. . .but they can now Students currently have five chips in their possession. . .but they can now trade for more chips and eventually collect six, seven or more chips trade for more chips and eventually collect six, seven or more chips depending upon the effectiveness of their trading.depending upon the effectiveness of their trading. BUT. . .students can only count their best FIVE chips when adding up BUT. . .students can only count their best FIVE chips when adding up their points. their points.

Trading round rules are:Trading round rules are:

You must hold hands when pursuing a tradeYou must hold hands when pursuing a trade No talking unless holding handsNo talking unless holding hands ALL trades must be of unequal value. . .i.e. one cannot tradeALL trades must be of unequal value. . .i.e. one cannot trade

a white chip for a white chip. . .but one can trade a red chip a white chip for a white chip. . .but one can trade a red chip for two green chips.for two green chips.

Once a student wishes to stop trading, they fold their arms, Once a student wishes to stop trading, they fold their arms, Count up their chips, turn them in to the instructor, and write the scores on the Count up their chips, turn them in to the instructor, and write the scores on the

board under the proper category. board under the proper category.


Bonus Round:Bonus Round:Give each group three red poker chips. Each chip is Give each group three red poker chips. Each chip is

worth 20 points a piece. The groups have 10 minutes worth 20 points a piece. The groups have 10 minutes to dispense the chips by either giving one student 3 to dispense the chips by either giving one student 3 chips = 60 points; two students, one receiving 40 pts chips = 60 points; two students, one receiving 40 pts and one receiving 20 pts; and one receiving 20 pts; OR three students receiving a chip a piece worth 20 OR three students receiving a chip a piece worth 20 points. All decisions are must be made by majority points. All decisions are must be made by majority rule. IF some students are unruly, they may be rule. IF some students are unruly, they may be momentarily removed from the group by majority momentarily removed from the group by majority vote until the next round begins. vote until the next round begins. Once the red chips have been allocated, change the Once the red chips have been allocated, change the scores on the board for those receiving the bonus scores on the board for those receiving the bonus points and hand out the appropriate symbols to each points and hand out the appropriate symbols to each group. group.


Starpower scoresheetStarpower scoresheet# 0f Chips# 0f Chips 11 22 33 44 5 5 GoldGold 8080 160160 240240 320320 400400 GreenGreen 4040 8080 120120 160160 200200 RedRed 3030 6060 9090 120/140120/140

150/180150/180 BlueBlue 2020 4040 6060 80/11080/110

100/140100/140 WhiteWhite 1010 2020 3030 40/4040/40 50/5050/50


D. The bumpy road defining America’s Democracy -- D. The bumpy road defining America’s Democracy -- American Revolution establishes a new gov’tAmerican Revolution establishes a new gov’t

1.1. Define Revolution – Define Revolution – OT of Establ InstituttionOT of Establ Instituttion2. . Components of a revolution 2. . Components of a revolution a. Peoplea. People(1). LEADER - Philosophers (1). LEADER - Philosophers

(2). FOLLOWERS (2). FOLLOWERS

(a). RADICALS - Sons of Lib (a). RADICALS - Sons of Lib

(b). MASSES – at 50 % of Pop (b). MASSES – at 50 % of Pop

b. THEME- Locke’s model - natural rights, consent b. THEME- Locke’s model - natural rights, consent

of the governed, limited gov’t, standing laws. . . of the governed, limited gov’t, standing laws. . . Live or Die; Give me lib or give me death ; Ta x w/o Live or Die; Give me lib or give me death ; Ta x w/o

Representation Representation

c. CAUSE -Dec of Indep had 27 of its ideas listing c. CAUSE -Dec of Indep had 27 of its ideas listing the evil deeds of the king. the evil deeds of the king.

d. Oppressor - King Grge III or Parlia d. Oppressor - King Grge III or Parlia

ee. RESOURCES . RESOURCES

(1). INTERNAL – Guns (1). INTERNAL – Guns

(2). EXTERNAL - France (2). EXTERNAL - France

f. Recognition : What will king do? f. Recognition : What will king do? 1)1) Fight back (2) SurrenderFight back (2) Surrender3) Negotiate 4) do Nothing 3) Negotiate 4) do Nothing

g. MARTYR from Bos Mass – Xmas Atticus g. MARTYR from Bos Mass – Xmas Atticus

h. SPARK - Tea Party; Bost Mass h. SPARK - Tea Party; Bost Mass

i. PROPAGANDA: - Use or abuse of truth to i. PROPAGANDA: - Use or abuse of truth to

influence Masses influence Masses

j. MISC. j. MISC. 2. Revolution’s intent: restore rights that the 2. Revolution’s intent: restore rights that the

king had taken away from us. . . king had taken away from us. . . Declaration of Indep!


D3 Articles of ConfederationD3 Articles of Confederationa.a. A Victory brings a New Gov’t A Victory brings a New Gov’t 1)1) Why did the framers choose a confederation? Why did the framers choose a confederation? a)a) Unitary system provided a tyranical parliamentUnitary system provided a tyranical parliamentb)b) Each state was unique. . .they wanted . . .Each state was unique. . .they wanted . . .SovereigntySovereigntyb. Strengths + Weaknessesb. Strengths + Weaknesses1). What could it1). What could it do2). And worse. . .what couldn’t it do. . .2). And worse. . .what couldn’t it do. . .3. 3. Shay’s RebellionShay’s Rebellion showed its true weaknesses - showed its true weaknesses -

Economic strife showed the national gov’t couldn’t Economic strife showed the national gov’t couldn’t protect its citizens. protect its citizens.


Freedom House ResearchFreedom House Research1. This "Most Repressive Societies..." report is available 1. This "Most Repressive Societies..." report is available

online at online at http://www.freedomhouse.org/template.cfm?http://www.freedomhouse.org/template.cfm?page=138&report=40page=138&report=40

2. There's also a map of "Freedom in the World" on its 2. There's also a map of "Freedom in the World" on its web site at web site at http://www.freedomhouse.org/template.cfm?http://www.freedomhouse.org/template.cfm?page=20&year=2005 page=20&year=2005

3. and a "Map of Freedom of the Press" at 3. and a "Map of Freedom of the Press" at http://www.freedomhouse.org/template.cfm?http://www.freedomhouse.org/template.cfm?page=16&year=2005 page=16&year=2005

4. Freedom House also has a web site for the "Center 4. Freedom House also has a web site for the "Center for Religious Freedom" at for Religious Freedom" at http://www.freedomhouse.org/religion/ http://www.freedomhouse.org/religion/


Liberal v. illiberal DemocraciesLiberal v. illiberal DemocraciesLiberal democracies possess substantive and procedural Liberal democracies possess substantive and procedural

democracy characteristicsdemocracy characteristics

Illiberal or managed democracies only possess only Illiberal or managed democracies only possess only procedural characteristics.procedural characteristics.

Procedural. . .Talks like a democracy. . .but does not Procedural. . .Talks like a democracy. . .but does not practice the substantive characteristics of . . practice the substantive characteristics of . .

Free elections, civil liberties. . .free press. . .checks and Free elections, civil liberties. . .free press. . .checks and balances. balances.


4. 4. The ConstitutionThe Constitution

The new constitution needed to answer 5 Q’s. . .The new constitution needed to answer 5 Q’s. . .a) How should the gov’t rulea) How should the gov’t ruleb) Who should ruleb) Who should rulec) How will the people participate equally?c) How will the people participate equally?d) How keep factions into establishing a d) How keep factions into establishing a

tyranical environment?tyranical environment?e) How keep gov’t from becoming too tyranical? e) How keep gov’t from becoming too tyranical?

––


5. Six Constitutional Principles5. Six Constitutional Principles

f. Judicial reviewf. Judicial reviewConstitutional check on executive and Constitutional check on executive and

Legislative powers by the federal courts, Legislative powers by the federal courts, who eventually will receive this jurisdiction.who eventually will receive this jurisdiction.

Marbury v. Madison Marbury v. Madison


6. Constitutional resolutions6. Constitutional resolutions- Appealing to the “Factions” or self-interests of Americans- - Appealing to the “Factions” or self-interests of Americans-

slave owners to small town shopkeepers. . . Madison’s slave owners to small town shopkeepers. . . Madison’s Federalist papers # 10. . . Compromises resolved that: Federalist papers # 10. . . Compromises resolved that:

a. Equality a. Equality 1)Representation (REPUBLICAN) - New Jersey Plan1)Representation (REPUBLICAN) - New Jersey Plan (= represent) v. Virginia Plan (prop. representation ) (= represent) v. Virginia Plan (prop. representation ) led to led to Connecticut CompromiseConnecticut Compromise: US Senate ( 2 Senators per : US Senate ( 2 Senators per

state) US House - (Reps per population state) US House - (Reps per population 2) slavery - South wanted all males counted; 2) slavery - South wanted all males counted; Three-fifths compromise. - A show stopperThree-fifths compromise. - A show stopper3) North South Trade agreement … no export taxes. 3) North South Trade agreement … no export taxes. b. Who can vote - Property owners vs. disenfranchised. States b. Who can vote - Property owners vs. disenfranchised. States

set election laws.set election laws.c. Economics - Congress shall rulec. Economics - Congress shall rule + it will build the infrastructure + it will build the infrastructure

(Post offices to taxation- Article I) (Post offices to taxation- Article I)


d. Individual rights-d. Individual rights-Constitution lacked in this area- show stopper although Constitution lacked in this area- show stopper although

the Consti did say: the Consti did say: 1) Writ of habeas corpus1) Writ of habeas corpus2) bill of attainders2) bill of attainders3) ex post facto laws3) ex post facto laws4) religious preferences to hold office4) religious preferences to hold office5) treasonous offenses 5) treasonous offenses 6) trial by jury6) trial by jury But were we being ruled by “men” or by laws . . . to But were we being ruled by “men” or by laws . . . to

protect us from these “men” the Bill of Rights was protect us from these “men” the Bill of Rights was added to protect us from gov’t. . .a recollection of all added to protect us from gov’t. . .a recollection of all the ills that the colonists resided under British rule.the ills that the colonists resided under British rule.

NOTE: B of R HONOTE: B of R HO


D7. Popular sovereigntyD7. Popular sovereignty and the stress on and the stress on individualism once again came to the individualism once again came to the forefront. forefront.

Federalists v. anti-feds. Big gov’t v. small gov. Federalists v. anti-feds. Big gov’t v. small gov. 8. Madison declared that the factions will take 8. Madison declared that the factions will take

care of themselves in a true democracy. . . self care of themselves in a true democracy. . . self interest will turn into national interest. . . But a interest will turn into national interest. . . But a B of R was needed to protect one from the B of R was needed to protect one from the nat’l gov’t. nat’l gov’t.


D9. How prevent tyranical gov’t?D9. How prevent tyranical gov’t?a)a) Separation of powers between branches of Separation of powers between branches of

gov’t. – Montesquieu theorized that the gov’t. – Montesquieu theorized that the climate controls behavior. . .so control the climate controls behavior. . .so control the political climate by limiting what each gov’t political climate by limiting what each gov’t sector can do. sector can do.

b)b) Have each branch of gov’t “check” the other Have each branch of gov’t “check” the other to establish a “limited” gov’t. to establish a “limited” gov’t.

The Spirit of the LawsThe Spirit of the Laws. .


10. Ratification- States voted- - -only needed 9 states to ratify (A of

Confed needed unanimous approval to amend) a. Federalists v. Anti-feds - (1) issue -- the 2nd Consti was a “class-based document

that benefited only the economic elite!(2) fundamental liberties! Were the Bill of Rights

enough? 3. Federal $$$$$. . .diminishes State $$$$$. Result - State special conventions would ratify, not

state legislators


11. “Changing” the Constitution-11. “Changing” the Constitution-AmendmentAmendment Process Process a. Formal process - a. Formal process - (1) proposal - 2/3 of each Congr or National (1) proposal - 2/3 of each Congr or National

convention convention (2) ratification - 3/4 of state leg or spec (2) ratification - 3/4 of state leg or spec

conventionconventioni.e. ERA was proposed by not ratified!i.e. ERA was proposed by not ratified!(3) - 27 Amendments - taxation to congressional (3) - 27 Amendments - taxation to congressional

salariessalaries


b. informal process-b. informal process-(1) Federal court decisions - Marbury v. Madison(1) Federal court decisions - Marbury v. Madison(2) Changing political practices - Dems v. Reps(2) Changing political practices - Dems v. RepsLiberals v. ConservativesLiberals v. Conservatives(3) Domestic politics to foreign politics. Policy (3) Domestic politics to foreign politics. Policy

makers carry big sticks in implementing policy.makers carry big sticks in implementing policy.““police actions” to “role of gov’t. . .police actions” to “role of gov’t. . .


E. E. FederalismFederalism- a decentralization of gov’t. -- a “sharing of the - a decentralization of gov’t. -- a “sharing of the

wealth” + gov’t power. wealth” + gov’t power. 1.1. Distribution of power. Distribution of power.

FederalismFederalismNat’l Gov’t Nat’l Gov’t State Gov’tState Gov’tDelegated Powers Delegated Powers Reserved PowersReserved Powers

ConcurrentConcurrent


a. Delegated powersa. Delegated powers

Feds rule – Declare war, border securityFeds rule – Declare war, border security(1)(1) INHERENT INHERENT – all gov’t possess these pwrs. . – all gov’t possess these pwrs. .

.immigration, Foreign policy.immigration, Foreign policy(2) (2) ExpressedExpressed -- (enumerated) Stated -- (enumerated) Stated

specifically . . .Congress makes laws specifically . . .Congress makes laws (3) (3) ImpliedImplied (Makes expressed powers work) – (Makes expressed powers work) –

Congress establishes a civil service system to Congress establishes a civil service system to hire federal workers. hire federal workers.


b. Concurrent - shared power. i.e. education, b. Concurrent - shared power. i.e. education, taxationtaxation

c. reserved - states rule - welfare, local education c. reserved - states rule - welfare, local education control, local gov’ts, professional licensing. control, local gov’ts, professional licensing.

2. Who shall rule in conflict - Art VI- 2. Who shall rule in conflict - Art VI- Supremacy Clause - and Implied powers of Supremacy Clause - and Implied powers of national gov’t upheld with national gov’t upheld with McCullogh v. MarylandMcCullogh v. Maryland. 1819, banking . 1819, banking issue set forth the “elastic clause” that gave the issue set forth the “elastic clause” that gave the Congress the Necessary and Proper powers Congress the Necessary and Proper powers (implied powers) to enact policies to run the (implied powers) to enact policies to run the country! I.e. YUCCA MT SCENARIOcountry! I.e. YUCCA MT SCENARIO

Federalism thesisFederalism thesis The framers idea for a new government settled The framers idea for a new government settled

on a federal format, as addressed by Dr. on a federal format, as addressed by Dr. Sheffield. Sheffield.

a.a. Explain why the framers made such a Explain why the framers made such a decision.decision.

b.b. Identify five federal threads that still weave Identify five federal threads that still weave through America’s political fabric today. through America’s political fabric today.


Federal Threads. . . Federal Threads. . . a)a) Issue of Sovereignty . . .people controlled both fed + state Issue of Sovereignty . . .people controlled both fed + state

gov’t.gov’t.b)b) Supremacy clause (Art VI) gave pwr to Fed govtSupremacy clause (Art VI) gave pwr to Fed govtc)c) Constitutional amendments cannot occur w/o state Constitutional amendments cannot occur w/o state

ratification. Art Vratification. Art Vd)d) Feds dictate civil lib + civil rights.Feds dictate civil lib + civil rights.e)e) Voting + Elections of Reps Voting + Elections of Reps f)f) Representations of Reps by state.Representations of Reps by state.g)g) Electoral CollegeElectoral Collegeh)h) If a tie. . .states elect federal officerIf a tie. . .states elect federal officeri)i) Judicial selection. . .senatorial courtesy.Judicial selection. . .senatorial courtesy.



State retain power unless . . . State retain power unless . . . 3. If not stated- states have the rights – Stated???3. If not stated- states have the rights – Stated???10 Amend!10 Amend!4. Commerce power - 4. Commerce power - Gibbons v. Ogden Gibbons v. Ogden . .

Interstate + internat’l commerce . Congress Interstate + internat’l commerce . Congress rules!rules!


5. 5. Full Faith and Credit clause Full Faith and Credit clause - One state’s - One state’s validity carries over state borders - i.e. validity carries over state borders - i.e. marriage licences. Today’s issue - Homosexual marriage licences. Today’s issue - Homosexual marriages and insurance coverage. The courts marriages and insurance coverage. The courts may decide . . .may decide . . .

6. 6. Privileges + Immunity clausePrivileges + Immunity clause . . . Citizens of . . . Citizens of one state will not be discriminated when they one state will not be discriminated when they visit another. . .sales tax for only tourists>>> visit another. . .sales tax for only tourists>>> nope. . .but what about out of state tuition? Or nope. . .but what about out of state tuition? Or only residents can vote in elections? Court has only residents can vote in elections? Court has been unclear. been unclear.


6. From Dual to cooperative federalism6. From Dual to cooperative federalism - - a. Education sets the stage for both the Feds + a. Education sets the stage for both the Feds +

states to work together in “fiscal harmony” states to work together in “fiscal harmony” b. “Shared Costs” of Fiscal federalism-b. “Shared Costs” of Fiscal federalism-Why use federal help at the “expense” of state Why use federal help at the “expense” of state

sovereignty? sovereignty? (1) Feds had the bucks. . . surpluses abounded(1) Feds had the bucks. . . surpluses abounded(2) Fed income tax in 1920’s(2) Fed income tax in 1920’s(3) Feds could print more if needed more(3) Feds could print more if needed more(4) Politics - States saw it as “free”money. Why (4) Politics - States saw it as “free”money. Why

not pursue it. . .Constituents benefitted!not pursue it. . .Constituents benefitted!


c. c. Grant-In-AidGrant-In-Aid programs been around for 200+ programs been around for 200+ years. Feds sell land to fund programs! years. Feds sell land to fund programs!

d. d. Categorical grantsCategorical grants - specific $$ for specific - specific $$ for specific projec w/ strings attached. . .non-discrimatory projec w/ strings attached. . .non-discrimatory - Cross cutting requirements - Offenders lose it - Cross cutting requirements - Offenders lose it all!all!

(1)(1) Project grants Project grants - NSF - competitive requests - NSF - competitive requests(2) (2) Formula grantFormula grant- Do you meet the formula. - Do you meet the formula.

i.e. public housing, employment programsi.e. public housing, employment programs


e. e. Block grants Block grants - social service endeavors w/- social service endeavors w/ less strings attached. SIGS pursue the $350 billionless strings attached. SIGS pursue the $350 billionf. f. MandatesMandates - Feds dictate specific guidelines. . .if don’t - Feds dictate specific guidelines. . .if don’t

comply, penalized or lose the funding. . .comply, penalized or lose the funding. . .Special ed, Disability Act, Clean Air. . .MedicaidSpecial ed, Disability Act, Clean Air. . .Medicaid(a)(a) unfunded mandates. . .Laws w/o funding. . .unfunded mandates. . .Laws w/o funding. . .(b)(b) Printz vs. US claimed forcing sheriff’s departments Printz vs. US claimed forcing sheriff’s departments

to pursue gun permits w/o fed $$$$ was to pursue gun permits w/o fed $$$$ was unconstitutional. . .but unfunded mandates still occur unconstitutional. . .but unfunded mandates still occur today. today.


g. Not all states are treated equally. . . when it g. Not all states are treated equally. . . when it comes to fiscal federalism. . . its the role of the comes to fiscal federalism. . . its the role of the politician to take care of ones constituents! politician to take care of ones constituents! With a $3 trillion budget, there is plenty to With a $3 trillion budget, there is plenty to fight for!fight for!

h. More and more responsibility is falling upon h. More and more responsibility is falling upon the states to address funding the states to address funding issues . . .Devolution. issues . . .Devolution.


i. Devolution i. Devolution 1. Federal gov’t is sending less and less money 1. Federal gov’t is sending less and less money

down to the states. down to the states. 2. Welfare to Work Reform act of 1996. . .2. Welfare to Work Reform act of 1996. . .3. Feds cutting welfare benefits, forcing states to 3. Feds cutting welfare benefits, forcing states to

move people off welfare rolls.move people off welfare rolls.j. Federalism issues today:j. Federalism issues today:a. NCLB b. Yucca Mt c. Gay Marriagea. NCLB b. Yucca Mt c. Gay Marriaged. Eminent Domain e. Legalizing MJ f. Teri d. Eminent Domain e. Legalizing MJ f. Teri

Schaivo. . . g. Patriot Act h. Balance the budgetSchaivo. . . g. Patriot Act h. Balance the budgetAmendment. i. Overrule Congress legis by 2/3. Amendment. i. Overrule Congress legis by 2/3.


Exam Chap 1-3 ReviewExam Chap 1-3 Review

Practice Essay . . . Practice Essay . . .

Rubric

3b. Limited government is one of the key principles found in the Constitution. It allows for checks by the people and also allows for checks by the government itself.

a. Identify and explain two examples of how government is limited by the people themselves.

b. Identify and explain two examples of how the Constitution limited the government itself.

c. Explain how the Federalists and Anti-Federalists both incorporated the idea of limited government in their philosophical goals.

a.Students must be able to express that government limited by the people means self- government: a government subject to the preferences of the majority. This would include indirect systems of popular elections of representatives and preferences of the majority in vote’s in Congress and the Supreme Court.

b. Students must understand how the Constitution provides for a limited national government mainly by its separation of powers and checks and balances. The Constitution, with its Bill of Rights, also prohibits government from infringing on individual rights. Judicial review is an additional safeguard of limited government. The book also discusses grants of powers and denial of powers.

c.Students should be able to explain how both the Federalists and Anti-Federalists agreed that the national government should be limited: A single executive with reduced powers; check and balances and separation of powers; federalism and a Bill of Rights.

i. constitutional underpinnings1. 2 a. the purpose of politics politics is... bag demo politics...

Documents