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Introducing Government in America

• Politics and government matter.

• Americans are ________________ about politics and government.

• American youth are less likely to be ________________ about government and politics and participate less in politics.

• The Political Disengagement of College Students Today

• Presidential Election Turnout Rates by Age

What is politics?

• What words come to mind when you hear the word “politics”?

• Does the word have a more positive or negative connotation?

Machiavelli

• Machiavelli’s name is synonymous with tough and ________________ politics

• Author of ________________________________ One of history’s first political scientists.

• Machiavelli Quotes

• “The ________________ justify the means.”

• “It is better to be ________________ than loved.”

• “By no means can a prudent ruler keep his word. Because all men are bad and do not keep promises to you, you likewise do not have to keep your promises to them.”

Can we be hopeful about politics?

• A neutral view of politics

Harold D. Lasswell

• Who gets what, when, and how. (and where)

• All of us are political, we’re just not used to calling it that. You don’t have to take a class to get politics. ________________ was correct when he wrote, “Man is by nature a political animal.”

Use space below for notes. I will come around and check to see if you added notes for points.

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State of Nature game

• Why were teams successful? Was it strategy or an unfair advantage?

• How would the outcome be different if teams were not allowed to attack, only invest?

Social Contract Theory

• “The only valid government is one based on the ________________________________.” - Locke

• Rulers and citizens enter into an agreement, or a ________________ ________________

• Government by the ________________, masses

Locke’s influence on the US

• “A state also of equality, wherein all the power and jurisdiction is ________________, no one having more than another… - John Locke, of Civil Government

• “We hold these truths to be self-evident: That all men are created equal.” - Thomas Jefferson, Declaration of Independence

Types of Political Power

• Power – ability of one person to cause another person to ________________ in accordance

• Authority – ________________________ power

• Legitimacy – what makes the ________________

What makes a Democracy?

Principles necessary for a democracy to exist.

1. Universal ________________ (everyone vote)

2. Political Equality (all votes counted equally)

3. Majority Rule

4. Government responds to ________________

Can uneducated/poor people be trusted?

• Direct Democracy – ________________

• Problems

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1. Impractical for reasons of time, expertise

How do you get 300 million people to vote multiple times per day on issues they know nothing about?

2. Masses of people make unwise decisions based on emotions (________________ was elected)

• “The masses are turbulent and changing and seldom judge or determine _________.” -Alexander Hamilton

Representative Democracy (Republic)

• ________________ ______________ representatives

• Gov’t MEDIATES popular views

– “Will of the people” ≠ “Common interest”

– EX. Lower gas prices, ______________

• Reps are ________________ on issues at hand

• Prevents fast, ________________

• Minority rights more likely to be protected

Theories explaining how democracies ACTUALLY function

1. Majoritarian Theory= leaders are forced to follow the wishes of the people because ________________

2. Pluralist Theory= groups compete and compromise with each other to get the gov’t to do what they want

3. Elite and Class Theory = groups or people who possess the most more power (_______________or influence) dominate gov’t

4. Bureaucratic Theory= appointed officials dominate the gov’t through unelected jobs

5. Hyperpluralism

• A theory of government and politics contending that groups are so strong that government is ________________.

• There are too many ways for groups to control policy.

• Confusing / contradictory policies

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Pluralism

1. Modern society consists of many groups (ex. Economic, religious, cultural, ethnic.) that _____________with each other to achieve goals

2. Groups that influence gov’t, work hard, and have largest ________________get what they want

3. Even if the average citizen does not keep up with politics, their interests will be protected by their group.

4. Groups must ________________ to achieve goals

Arguments for and against the Pluralist view

For

• There is no _____________ majority in the US that always acts together.

• Gov’t leaders must please ____________ to gain votes and money to be reelected.

• Groups must compete for gov’t services and favorable laws.

Against

• Relatively _________ numbers of people join interest groups.

• Poor citizens have less ________________ to join interest groups or contribute to them.

• One can’t assume that group decisions are always in the best interest of the nation.

Marxist Theory (Elite and Class)

• Not all groups are equal

• Control the economic system = control the political system.

• Politicians require ________________________ to win elections, and rely on corporations to supply them.

A Reminder…

• These are only theories. They are people’s perception of our democracy and the way it functions.

• Which theory is correct???

– Pluralist – most ________________

– Majoritarian – popular pre-1950’s

– Elite – rising since the 80’s (Michael Moore)

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– Bureaucratic – gov’t spending more than ever before just to ________________

Challenges to Democracy

• Increased ________________

• Limited ________________ in Government

• Escalating ________________

• Diverse Political Interests (policy gridlock)

American Individualism

• Individualism is the belief that individuals should be left on their own by the government.

• Individualism is highly valued in the United States with a strong preference for _____________________________

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The ConstitutionDefinition

– A nation’s basic law. It creates political institutions, allocates powers in government, and provides certain guarantees to citizens.

• Sets the broad rules of the game.– More of an __________, rules are not super specific

• The rules are not neutral– Some participants have advantages that others don’t.

• What caused the Revolution? – Colonists believed that their ___________________

were being violated by such acts as ‘no taxation without representation’ from Parliament

– Founders justified the Revolution by arguing that the British King and Parliament routinely violated the ‘unwritten’ (not codified in one document) British Constitution.

• When the British refer to the term constitution, they are referring to their collective legal traditions, including: the Magna Carta of 1215, the English Bill of Rights of 1687, Acts of Parliament, and the collective decisions of the British Courts (known as the common law).

Declaration of Independence

• Thomas Jefferson primary author, ____________________• Outlined a general philosophy of government that justifies

revolution when government harms natural rights:– “We hold these truths to be self-evident, that all men

are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness (______________________________________).”

– “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed (____________ _____________________), --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness”

– 2nd part listed abuses by _____________________, the specific reasons for independence

Use space below for notes. I will come around and check to see if you added notes for points:

_______________________________

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• John Locke’s influence – The Second Treatise of Civil Government (1689)– Social _________________________– Natural _________________________– Consent of the ____________________– Limited Government – does not have “divine rights,”

there is a higher level of authority.– Government must

• Protect natural rights• Provide standing laws• Protect property

• The “Conservative” Revolution– Restored rights the colonists felt they had ________– Not a major change of lifestyles

What document first ruled over the US and failed?

• The Articles of Confederation, 1781-1789 – The first document to govern the US

• Power rested with the ________________• An over-reaction to the central control the

British Empire tried to impose on the colonies• Failed because the _________________

government did not have enough power – Congress had few powers

• Unicameral legislature, one voter per state– Needed 9/13 votes to pass a law– Needed 13/13 votes to amend the

document• Could not ________ (force) taxes from states• Could not regulate commerce (__________),

establish a common currency, or pay off the war debt

• Could not raise an army • No president (executive branch) or judiciary

branch

Shays’ Rebellion, 1786-’87

• Economic Turmoil– Post war depression– States had different currencies– Massive inflation – National could not repay war debts

• Shays’ Rebellion– A series of attacks on Massachusetts’s courthouses by a

small band of farmers led by Revolutionary War Captain Daniel Shays to block _____________ proceedings

– Showed the _________________ of the Articles of Confederation and signaled their demise

– Led to the Constitution

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How was the Constitution made in Philadelphia in 1787?

• Gentlemen in Philadelphia– 55 men from 12 of the 13 states (Like Washington,

Hamilton, & Madison) – Mostly wealthy planters & merchants (the elite), the

poor were not represented – Most were college graduates with some political

experience– Many were coastal residents from the larger cities, not

the rural areas– _______________was the father of the Constitution– Went there to amend the Articles, but ended up making

a new government

Philosophy into Action

• Founders had wide differences in beliefs, but agreed on the Enlightenment ideas of:

– Human Nature – man required _________________ (Thomas Hobbes, man was inherently evil), no one person can have too much power

– Political Conflict stems from the haves in conflict with the have-nots: it’s all about distribution of wealth. _____________________________

– Object of Government – protect property (Locke)– Best form of sustainable Government – balanced power

(Montesquieu)

Political Themes of the Constitution

• Popular Sovereignty: The people are the ultimate source of power, achieved through elections

• Representative government (________________________)• Limited government• Federalism (DIVISION of power between states and the central

government)• Separation of Powers (3 branches of gov.)• Checks and Balances

Outline of the Constitution

• Preamble: _____________________ of the United States…• Article 1: Legislative Branch• Article 2: Executive Branch• Article 3: Judicial Branch• Article 4: States roles• Article 5: How to add Amendments• Article 6: Supremacy Clause • Article 7: How to ratify it

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What compromises were made at the Convention?

How should representation work in Congress?

• Virginia (Large state or Madison) Plan– Should be based on state’s population

• New Jersey (Small state or Patterson) Plan– Should be based on statehood, like in the Articles of

Confederation• Great Compromise (Connecticut or Sherman Plan)

– #1 issue at the Convention– Mixed the 2 plans, _____________________, upper

house the New Jersey plan, Senate, and the lower house, Virginia Plan, House of Representatives

Slavery

Should slaves count towards population for voting and tax purposes?

• 3/5 compromise (does not mean slaves can vote)• Could ban the slave ________ (not slavery) in 20 years after

ratification• Fugitive Slave Act• Expected slavery to die off in future generations, direct issue

avoided for the sake of unity

• Questions • Q. If there were 2 million people in South Carolina and 1 million

were slaves and 1 million were free, then what was their population for representation and tax purposes?

• Q. For representation purposes, would a person from South Carolina who wants to have the most power possible for their state, would they want there to be a 0/5, 3/5, or 5/5 clause in the Constitution?

• Q. How many slaves could vote because of the 3/5 clause?

Presidency

• How powerful should the president be and who elects them?– 4 year term– Electoral college selects instead of a ____________ by

the people

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Suffrage

• Who was allowed to vote?– States will get to decide– Most decide its people that own _______________, they

have a stake in society

• The Individual Rights Issues (Civil Liberties)– What protections do the people have from the abuses

of government?– Some were written into the Constitution:

• Writ of ______________________• No bills of attainder• No ____________________________ laws• Religious qualifications for holding office

prohibited• Strict rules of evidence for conviction of treason• Right to trial by jury in criminal cases

– Some were not specified• Freedom of speech / expression• Rights of the accused

How was power divided up?

• Separation of Powers (Refers to the federal level mostly) • Prevents an all-powerful ruling body1. Legislature – passes law (Congress)2. Executive – enforces law (President)3. Judiciary – ___________________ law (Supreme Court)• Established a Federal System• Created Checks and Balances

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What different types of powers are in the Constitution? • Expressed, Enumerated or Delegated Powers (all mean the same

thing)• Spelled out _____ powers in the Constitution given to Congress• Article I, Section 8

– 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

– 2: To borrow Money on the credit of the United States;– 3: To regulate Commerce with foreign Nations, and

among the several States, and with the Indian Tribes; (_______________________________________)

– 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

– 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

– 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

– 7: To establish _____________________________;– 8: To promote the Progress of Science and useful Arts,

by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

• 9: To constitute Tribunals inferior to the supreme Court;• 10: To define and punish Piracies and Felonies committed on the

high Seas, and Offences against the Law of Nations;• 11: To declare ____, grant Letters of Marque and Reprisal, and

make Rules concerning Captures on Land and Water;• 12: To raise and support Armies, but no Appropriation of Money

to that Use shall be for a longer Term than two Years;• 13: To provide and maintain a Navy;• 14: To make Rules for the Government and Regulation of the

land and naval Forces;• 15: To provide for calling forth the Militia to execute the Laws of

the Union, suppress Insurrections and repel Invasions;• 16: To provide for organizing, arming, and disciplining, the

Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

• 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

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• 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. (_________________ _________________________, Most important one of all)

• Implied Powers– Powers that we can deduce by applying the necessary

and proper clause to the enumerated powers– Examples: A national ________________________

• Inherent Powers– Powers that the federal government has by its very

nature of existing– Examples: Regulating immigration, acquiring territory,

and giving diplomatic recognition...

• Concurrent– Powers both the federal & state governments have– Examples: tax, borrow, have courts

• Reserved– Powers reserved for the states– Examples: _______________________________,

traditionally was education, morals and values, give out professional licenses and voting

• Denied– Powers denied to government– Examples:– National level

• Tax trade between states & anything in the Bill of Rights

– State level• _________________________ or make treaties

with other nations– Both

• Grant titles of nobility, pass ex post facto laws•

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“Democracy is two wolves and a lamb voting on what to have for lunch.”-Ben Franklin How did the Constitution limit democracy? (majoritarianism)

• Executive Branch– President elected by the electoral college, not a

_______________of the people (changed in 1830’s)– EC allocated by seats in the House, each presidential

elector would exercise independent judgment when voting, thus be informed voters

• Judicial Branch– Judges appointed by the President and confirmed by the

Senate (both offices with no direct tie to the people)– Serve for life

• Legislative Branch– Senate elected by the state legislatures (changed,

_______________ Amendment)– House of Representatives only body with a direct tie to

the people, direct elections, and then only a limited group of people can vote (property owners)

• Civil Liberties protect certain individual, minority rights, like habeas corpus

• Separation of ____________• Checks and balances• Laws were hard to pass on purpose (must get by the House,

Senate, & President), wanted slow, gradual change• The Constitution was not a democratic document• The Beard Thesis argues that it was written to protect the

________________________ interests of the Founders How was the Constitution ratified?

• Federalists (For the Constitution, found more in the East, Washington, Hamilton, Madison… )

Vs.

• Anti-Federalists (Against the __________________, thought it would take away people’s rights and concentrated too much power in the hands of a few people, found in the rural West more, Patrick Henry & Samuel Adams)

• Needed 9/13 states to ratify it to take affect

Federalist Papers A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison (No Thomas Jefferson!) under the pen name “Publius” to defend the Constitution and convince the people of NY to persuade their state delegation to _____________________________

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Federalist #10• Madison addressed the biggest fear that a republic could not

work on a large scale because factions would take over this form of government

• Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) instead of the good of the whole

• Liberty is to faction what __________________________

• Madison argued that this large scale system would cancel out competing factions

• Separation of Powers would check the growth of tyranny• Each branch of government would keep the other two from

gaining too much power• A republic would guard against irresponsible direct democracy

(mobocracy) • Factions will always exist, but this system will __________.

Federalist #51 • “Ambition must be made to __________________________.”• “If men were angels, no government would be necessary.” • In a republican form of government the legislative branch is the

strongest, and therefore must be divided into different branches, be as little connected with each other as possible, and render them by different modes of election.

• Separation of Powers, Checks and Balances: Bicameralism, Federalism

Bill of Rights • Authored by James ________________________• First 10 Amendments of the Constitution• Specifically defines many individual freedoms, like free speech• Added to calm the fears of the Anti-Federalists• After this, enough people were convinced to

______________________ the ConstitutionHow do you amend the Constitution?

• 2 step process:• Proposed

– 2/3 vote of ____________________ (also used), or– 2/3 of state legislatures asking Congress for a national

convention (never used)• Ratification

– ¾ of_________________________ approve (26/27)– Conventions in ¾ of states approve (Only used for 21st)

• Let’s sort the Amendments • Develop categories to sort the 27 Amendments

Conclusion • The Constitution and democracy

– The Constitution itself is rarely described as ______________________________.

– There has been a gradual democratization of the Constitution over time that has changed it greatly from its original form.

• The Constitution and the Scope of Government– Much of the Constitution ___________ government.

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FederalismI. What is Federalism?

• Federalism – Two or more governments exercise power and

authority over the same people in the same ______________________________

OR

• The relationship between the _____________ government and the ________________ governments

• American Federalism includes the central, federal government in Washington DC and the _____________ units of governments, such asthe state government in Tallahassee, Florida, the County government, and municipal city government in NSB

• (national government, federal government, central government, & government in Washington DC all mean the same thing)

• (federal government does not mean the same thing as federalism)

How do governments around the world organize themselves differently?II. Comparison of Types of Governments

• Unitary: all policy made at the ________________– local governments can be abolished/altered by

national government, don’t have authority over any significant government policies, only ____________________________________

• Confederal system: policy-making concentrated in the states at the _____________________

• Federal System: policy-making shared b/w _____ govt. & states

British Colonial Rule Unitary System – all power flows from one central governmentNations with Unitary Government What are some examples? ___________________________________________

Articles of ConfederationConfederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)European Union 27 member Confederacy of European StatesWhat are some examples of this system? _______________________________

Use space below for notes. I will come around and check to see if you added notes for points:

____________________________

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ConstitutionFederal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers)What do Canada, United States, Brazil, Russia, South Africa, South Korea, Australia, Germany, and Belgium have in common? _________________________________________________________________

Difference is in the _________________ distribution of power

What does the Constitution say about federalism?-Nothing III. Constitutional Underpinnings of FederalismThomas Jefferson: the federal gov’t. is a product of an agreement among ____________________

x=x

Alexander Hamilton: the national gov’t. is superior, and thus its powers ought to be ____________ defined (Art. VI, the

“supreme law of the land”)

Federalist #51

• Defends the Constitution• Explains why a strong government is necessary

– “If men were __________, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

• Defends the division of powers between state and _____________________--

Why didn’t the Framers spell out state powers (or personal liberties, for that matter)?

1. The federal government will have only those powers enumerated to it by the Constitution in Article 1, Section 8

2. 10th Amendment, an afterthought: “the powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people”--_____________________________________

Different Types of Powers

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- Delegated Powers (enumerated or expressed powers) – powers given to Federal government by the Constitution

– taxes, regulate commerce with foreign nations, and among the states, coin money, declare war, post offices, & provide for the common defense and general welfare

- Reserved Powers – state power alone- Concurrent Powers – ______________________- Denied Powers – prohibited from both

– Ex. Neither gov’t can tax exports

Implied Powers: Elastic Clause

• Aka – “______________________________ Clause”• Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power -

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

• Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their ___________________

Okay, so there’s a relationship between national and state governments. What about STATE and STATE? (_____________________________ Federalism)

• The Framers wanted a single country, not 13 squabbling semi-countries.

• 3 obligations:▫ “full faith and credit” (Article IV, Section 1)

states must give this to public acts, records, and civil judicial proceedings of other states, like __________________ ________________________________

▫ Extradition States have to return a person charged

with a crime to the state in which they are charged

▫ “Privileges and immunities” (Amendment XIV, Section 1, Clause 2)

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Citizens of a state receive these of any state they’re in

How did the federal government come to dominate the state governments when they were intended to be more coequals?

IV. NATIONAL SUPREMACY

• What established the national government as superior to the states, once and for all?

• Four events:– McCulloch v. Maryland & “implied powers”– Civil War– New_________________-– Civil ______________________--

Four Clauses that have significantly contributed to the growth of Federal Power over the States

1. Supremacy Clause

–Led to conflict over States’ Rights advocates and proponents of a Strong National govt.

•2. Necessary and Proper Clause

–Conflict between Strict and Loose Constructionists

–Conflict also between States’ Rights advocates and proponents of a Strong National govt.

–Direct Conflict with 10thAmendment

3. ___________________________________

4. General ____________________________

Marshall Court

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McCulloch v. Maryland (1819)

Background

• Bank of the US operated in _______________--• Maryland did not want BUS to operate in state,

competition unwanted, unfair• Maryland taxed the bank to put it out of business• McCulloch, BUS employee, refused to pay the

_________

Is a Bank of the US Constitutional?

YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are ____________________________________.

Can a state tax the federal gov’t?

-NO: The federal gov’t is supreme. Since the BUS is constitutional, only the feds may tax it.

-John Marshall reaffirmed Supremacy Clause and Elastic Clause

-National (Federal) Gov gets ____________________

Slippery Slope: Implied powers

Article I, Section 8, the “necessary and proper clause”: Congress has the power “to make all laws

necessary and proper for carrying into execution the foregoing powers”

As opposed to ____________________________ (the ones actually spelled out in the Constitution), implied powers can be hard to define and limit

Commerce clause

• Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power -

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To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

• Congress has used the elastic clause to stretch this power

• What is commerce? “__________________________ of goods and services.”

• Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

Gibbons v. Ogden (1824)

• 1824 – aka “The Steamboat Case”• Ogden received a state licensed monopoly to run a

ferry across the Hudson River• Gibbons also saw the potential of the traffic between

NJ and NY and obtained a ________________ license.• Ogden sued saying he had the valid state license, even

though Gibbons had ______________________

Result – Gibbons wins

• Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues

• Fed Gov’t gets _______________________• All _____ today is primarily controlled by national law

• Who cares? Why is it important?• Gibbons v. Ogden ruling makes a loop hole giving

Congress power to take control over ____________ involving the movement of people, or things

• Fed gov’t power increased, examples:•Commerce Clause has been used by the federal government to greatly expand National powers.

–New Deal legislation during the 1930’s

–National _____________________________

–Regulation of Public Airwaves (radio and TV) through the FCC

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–Civil Rights Act of 1964

–Use against sex offender who fail to register

–Regulation of controlled substances (__________________)

How has federalism changed over time?

V. Two Versions of Federalism

• OLD SCHOOL – Dual Federalism– Federal and state governments remain

dominant in their ________________________________

• NEW SCHOOL – Cooperative Federalism– State and Federal governments work together

to solve complex problems

2 TWO METAPHORS…

• Dual Federalism – Layer Cake• Cooperative Federalism – _______________________

Dual Federalism

• AKA “layer cake federalism”▫ states and national government remain

supreme within their own spheres• So this means there is:

▫ INTERSTATE commerce (which Congress can regulate; e.g., ________________________ items between states)

▫ INTRASTATE commerce (which only states can regulate; _____________, insurance, farming, etc.)

Changed over time

"If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, everything, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress.... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America."

-James Madison, 1792

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• difference has gotten extremely complex, ___________ between the national and state

• eventually, ______________________ is interstate commerce, subject to federal regulation, and so dual federalism is (mostly) dead

• Cooperative Federalism (AKA “Marble-cake federalism”)

How does federalism work today?

VI. Fiscal Federalism

• Fiscal means $• Q – How do you get the states to do things they normally

wouldn’t do?• A – Money• Q – What is the answer to 99/100 questions ever asked?• A – ____________________

Grants-in-Aid• Money paid from one level of government to another

to be spent Categorical Grants

• issued by Congress that may be spent only for narrowly-defined purposes.

• About 90% of federal aid dollars are spent in categorical grants.

• Categorical grants are the _____________ source of federal aid to state and local government

• Distributed either on a formula basis or a project basis– For project grants, states compete for funding;

the federal government selects specific projects based on ___________________

– Formula grants, on the other hand, are distributed based on a standardized formula set by Congress.

• Examples– Head Start– Interstate Highway system– ________________________– Food Stamps

Block Grants

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• The federal government issues large sums of money to a state or local governments.

• Grants do not have specific provisions on how the money is to be spent.

• It is up the state or local government to decide who is eligible for the specific grant.

• Individuals do not directly receive the block grant. • Given for broad, general purposes and allow more

discretion on how the money is spent • Increases ______________________________• Examples:

– Education programs– Law enforcement– ________________________________– Substance Abuse Treatment Programs– Community Development Projects-HUD

Mandates

• Direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of _____________________________

• Funded– national government provides money

• Unfunded– National government gives directives to the

states but provides no __________________– Most apply to Civil Rights and the Environment

• Examples: Busing to integrate schools in the 1970s, Clean Air Act (1970), Clean Water Act (1985), Asbestos Emergency Response Act & Handicapped Children’s Protection Act (1986), Clean Air Act & American with Disabilities Act (1990), NCLB (2002)

• EX – Columbus, OH spends _______ of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple)

• EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

• Graph: How has the percentage of spending of tax money changed in relation to city, local, and federal

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governments? ___________________________

• Cross-over sanctions – do this or pay your own way– ex., raise ______________________________

or federal highway construction funds are cut off (basically, federal extortion)

How has some of the power been returned to the states in the past 20 years?

VII. Devolution

• Devolution is the return of power to the state gov • Idea is fueled by distrust of the federal gov and the

desire to save money by reducing the size of the ______________________________________

• Devolution : the attempt to devolve onto states the functions of national govt. (ex., welfare, health care, job training, etc.)

– block grant : favorite tool of devolution—money in general areas that states can use at their ______________, within broad Cong. guidelines

Devolution Example

• Personal Responsibility and Work Opportunity Reconciliation Act of 1996

• Eliminated welfare and transferred the money to states as block grants

• States received wide latitude on how to administer “____________________” but with the knowledge that Congress was counting on anti-poverty spending”

• Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years

United States v. Lopez (1995)

• 1995 – “Gun Free School Zone” law banned possession

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of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property

• Declared law unconstitutional – “nothing to do with _______________” – carrying a weapon through a school zone is too much of a stretch for “commerce”

• LIMITED __________________ government power

What are some current issues with federalism?

VIII. Case Studies in Federalism

• Same-sex marriage• Abortion Laws• Drug Laws• Disaster relief

Marriage

• President Clinton signed the Defense of Marriage Act (______________________) -- HR 3396 or Public Law No. 104-199 -- on 21 September 2000. It defines marriage as an act between heterosexuals and frees one state from being required to __________ the same-sex marriage conducted in another state. As of this writing, 39 states have laws based on DOMA; 18 of those are amendments to the state constitution.

Marriage Protection Amendment

• In 2004 and 2006, President Bush proposed a Constitutional Amendment called the Marriage Protection Amendment that would define marriage in the US as a union of one man and one ___________.

• Review– For this Amendment to be ratified, by what

fraction would it need to pass?

Gonzales v. Raich (2005)

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• Medicinal Marijuana• Controlled Substance Act (1970) – US gov regulates the

manufacture, importation, possession, and distribution of certain drugs

• Medicinal marijuana was legalized in California, but illegal to US government.

• Raich argued ____________________ clause should not take effect because

– 1) there was no business transactions &– 2) there were no state border issues.

• Supreme Court ruled 6-3 against Raich saying that the federal government could _______________ state laws that permitted medicinal marijuana

• Disaster Relief• Who’s job was it to clean up New Orleans and the rest

of the coast after Katrina?

Is federalism good for the US?IX. Conclusion Federalism is good

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Living under 2 governments is great…• Built on compromise, promotes unity• Government duties can be split up• Decentralizes politics and gives more ______________

to participate • Hard for political parties / interest groups to

dominate _________________ politics• Allows for state government to address issues in

unique regions of the country• Allows states to ________________ with policy before

enacting it at the federal level (policy innovators)• Ex. Vermont’s free health care for children

• States can be a means to _____________ the power of the federal government

Federalism is bad

Living under 2 governments is bad…

• States can impede the progress of the Nation • States will have ____________________________,

people will be treated differently across the nation • States have different policy, promotes conflict

• Too many levels of government - too much _________________________________

• Easier for states to be dominated by interest groups• States Rights a code word for racism & slavery? True or

false

Debate Resolution:

• “Federalism is no longer necessary because most important issues are either national or global in scope. The world is a different place than in 1787. The US would be better off if the states served as administrative districts, as in unitary government.”

• The power of the federal government relative to the power of the states has increased since the ratification of the Constitution.

Homework: Chapter 2, the Constitution, Read pages 38-60

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Directions: Please answer the following questions on a separate sheet of paper for 25 points.

1. List 4 issues with the Articles of Confederation (Page 39).2. Make a Venn Diagram comparing and contrasting the Virginia and New Jersey Plans (41-

42)3. Make a chart with 4 compromises at the Constitutional Convention (42-44).4. Please copy the entire chart on page 455. Define the term federalism (44)6. What is the difference between enumerated and implied powers and what role does the

necessary and proper clause play in the matter? (47-48)7. Read join the debate on page 49. Pick one of the two sides and list 3 arguments for your

side and give one reason why the other side’s point is wrong.8. Define the full faith and credit clause and the supremacy clause (50)9. What were the Federalist Papers? (52-53)10. Please copy the chart on page 55 on amending the Constitution.11. Please answer the thinking globally questions in the box on pages 53 and 55.12. What are two informal methods of amending the Constitution? (57-59)13. Answer the 3 critical thinking questions on the Living Constitution questions on page 56.14. How according to Greg Vatistas on page 58 has the 17th Amendment eroded the 10th

Amendment?15. Please do the 6 multiple choice questions on page 60

Homework: Chapter 3: FederalismDirections: Please answer the following questions on a separate sheet of paper for 25 points.Read pages 90-114, page 136 Direct Democracy, Debate page 138

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1. Please define federal system?(p. 93)2. Do the thinking globally questions on page 943. What role does the 10th Amendment and its reserved powers have in federalism? (p 95)4. Please copy the chart on page 955. What are 3 components to Article IV about interstate relations under the Constitution?

(96)6. Answer the 3 critical thinking questions on page 977. What important precedents were set in the John Marshall cases of McCulloch v.

Maryland, Gibbons v. Ogden, and Barron v. Baltimore? 8. What is nullification? (p 101)9. How did the 16th and 17th Amendments alter federalism?10. What is the difference between dual and cooperative federalism? (p 102- 105)11. Read join the debate on page 106. Pick a side and list 3 reasons you picked a side and

give one reason why the other side is wrong.12. What is a block grant? (107)13. What is the devolution revolution? (p 108)14. What is an unfunded mandate? (108)15. Answer the 3 thinking globally questions on page 108.16. How did No Child Left Behind (NCLB) change federalism? (108-109)17. What did the case of US v. Lopez decide related to federalism? (109)18. Please answer the critical thinking questions on page 11019. Please answer 6 multiple choice questions on pages 113 and 114.20. Define initiative, referendum, and recall on pages 136-137.21. Read Join the debate on page 138. Pick a side and list 3 points for one side and give one

reason why the other side is wrong.

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The Founders on Democracy"Hence it is that democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and in general have been as short in their lives as they have been violent in their deaths... A republic, by which I mean a government in which a scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking." (James Madison, Federalist Papers, the McClean Edition, Federalist Paper #10, page 81, 1788)

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!" -Franklin, Benjamin

“A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” - Thomas Jefferson  

“Our real disease - which is democracy.” - Alexander Hamilton  

“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” - John Adams

 “Democracy will soon degenerate into an anarchy; such an anarchy that every man will do what is right in his own eyes and no man's life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit, and science, to the wanton pleasures, the capricious will, and the execrable [abominable] cruelty of one or a very few.” - John Adams  

“A democracy is a volcano which conceals the fiery materials of its own destruction. These will produce an eruption and carry desolation in their way. The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and ignorant believe to be liberty.” - Fisher Ames

“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship, and then a monarchy. The average age of the world's greatest civilizations has been 200 years.

Great nations rise and fall. The people go from bondage to spiritual truth, to great courage, from courage to liberty, from liberty to abundance, from abundance to selfishness, from selfishness to complacency, from complacency to apathy, from apathy to dependence, from dependence back again to bondage.”

-Alexander Tytler (Not a Founder, but an 18th century Scottish historian)

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THE EXPANDING DEFINITION OF “NATURAL RIGHTS”

THIS IS OKAY/NOT OKAY WITH ME, BECAUSE:

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Political CultureDye, Thomas R. Politics in America, Prentice Hall.

Political culture is that set of ideas which Americans share widely about who should govern, for what ends, and by what means. Values are shared ideas about what is good. Beliefs are shared ideas about what is true. Beliefs often give a foundation for values. For instance, the belief that God endowed humankind with rights to life, liberty, and property is a foundation for giving these concepts the status of values in our political culture. Subcultures also exist, such as those based on religion, race, or ethnic identity, holding different or even deviant beliefs and values. Actual conditions (ex., slavery before the Civil War) may contradict cultural values (ex., equality), creating pressures for political action. The existence of a shared political culture does not prevent conflict over such pressures to reconcile conditions with values, or one value with another.

The Liberal Tradition in America

Classical liberalism, which asserts the dignity of the individual and their rational ability to control their own destinies, is central to American political culture. It derives from Enlightenment thinkers who opposed the heritage of European feudalism:

1.John Locke (natural law implies limited government, rather than absolute monarchy)

2.Jean-Jacques Rousseau (social contract, rather than divine right of kings)

3.Adam Smith (free markets under capitalism, rather than mercantilism)

Dilemmas of Equality

The cultural value of equality means that, in the abstract, Americans believe no person is better than anyone else. This applies especially to legal equality, where every citizen is supposed to have equal rights before the law, such as right to a speedy trial. Political equality trailed the development of legal equality, with constitutional amendments not guaranteeing the vote for ex-slaves until 1868 and for women until 1920 and with the need for voting rights acts even in modern times.

Equality of opportunity is a widely-shared value which means Americans do not begrudge income inequalities arising from differences in education, effort, risk-taking, investment, talent, or event luck, like winning the lottery, but this acceptance assumes that all have had an equal opportunity to become educated, make effort, take risks, invest, use talents, or just be lucky. To the extent race, gender, religion, ethnicity, or other factors make equality of opportunity different for different classes of citizens, Americans feel the value of equality of opportunity is violated. Affirmative action, which comprises efforts to remedy the effects of past bias, is a value which is in dispute and cannot be said to be part of American political culture, though many Americans support it.

Equality of results is another value which is in dispute. Thomas Jefferson denounced "leveling," and such views have been part of the American critique of socialism. Americans differ strongly on whether the government should take action to reduce income and other material inequalities,

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which are larger in this country than some other Western democracies, and larger than in the past in terms of our own history. One may contrast Italian political culture, for instance, where over 80% believe it is the government's responsibility to reduce income differences between people. Fewer than 30% of Americans hold the same belief, by 1988 data.

Inequality of Income and Wealth

That Americans do not agree on equality of results reflects the fact that in this country, as most others, inequality of income and wealth is a source of political conflict. Comparing 1929 and the present, the poorest one-fifth of Americans increased their share of al family personal income from 3.5% to 4.2%, while the richest fifth declined from 54.4% to 46.2%. However, while these figures show slightly more equality of income, in absolute terms the difference remains very great. Moreover, the equalization occurred prior to 1970. Since then, the trend has been back toward greater inequality of income. This may be due to replacement of manufacturing by lower-paid service sector jobs, global competition, increasing numbers of female-headed single-income families, increasing numbers of elderly, and other factors.

It should also be noted that wealth is much more unequally distributed than income. The wealthiest 1% of Americans own almost 40% of all family wealth. Its distribution, too, has been becoming more unequal since the 1970s.

Social Mobility

Social mobility is high in the United States, mitigating possible discontent over income and wealth inequalities. In a given decade, about one-third of those in the poorest fifth of the nation move upward, and about one-third of those in the richest fifth move downward. In recent years there appears, however, to be a slowing in socially mobility out of the lowest fifth. Most Americans describe themselves as "middle class" and class conflict is not a major factor in American politics.

A Nation of Immigrants

The United States started as a nation of immigrants and still today accepts more immigrants than all other nations of the world combined. Early immigration acts were biased, such as the 1882 act, which barred nearly all Asians from immigration. The Immigration Act of 1921 established as an immigration quota 3% of the number of a given nation's foreign-born living in

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the U. S. in 1910. This was later reduced to 2% of those residing here in 1890. These quotas were directed against massive immigration of Southern and Eastern European Catholics and Jews. This quota system was abolished by the Immigration and Nationality Act of 1965, replacing quotas with a system giving preferences to close relatives, professionals, and skilled workers.

The Immigration Reform and Control Act of 1986 sought to control rising immigration, especially from Mexico and Latin America (not restricted by the 1921 act). It did this by establishing fines for employers of illegal immigrants. Partly because it allowed employers to accept easily forged documents as evidence of residency, the 1986 act did not reduce illegal immigration. Today about one million legal immigrants arrive each year, to which must be added illegal immigration, estimates of which range from 400,000 to three million. As a result, immigration raises complex economic, social, and political issues.

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An Unapologetic Defense of a Vital InstitutionA web project of Douglas J. Amy, Professor of Politics at Mount Holyoke College

A Day in Your LifeThough we usually fail to notice it, government programs and policies improve our daily lives in innumerable ways.

Ask yourself this question: “What has government done for me lately?” If you are like most

Americans, you will probably answer: “Not much.” Many people feel like they pay a lot in taxes but

don't really get anything back from government. Surveys show that 52% of Americans believe that

“government programs have not really helped me and my family.”1  But let’s see if that is really

true. Let’s examine a typical day in the life of an average middle-class American and try to identify

some of the ways that government improves that person’s life during that 24-hour period.

6:30 a.m. You are awakened by your clock radio. You know it is actually 6:30 because the National

Institute of Standards and Technology keeps the official time. And you can listen to your favorite

radio station only because the Federal Communications Commission brings organization and

coherence to our vast telecommunications system. It ensures, for example, that radio stations do

not overlap and that stations signals are not interfered with by the numerous other devices – cell

phones, satellite television, wireless computers, etc. – whose signals crowd our nation’s airwaves.

6:35 a.m. Like 17 million other Americans, you have asthma. But as you get out of bed you notice

that you are breathing freely this morning. This is thanks in part to government clean air laws that

reduce the air pollution that would otherwise greatly worsen your condition.

6:38 a.m. You go into the kitchen for breakfast. You pour some water into your coffeemaker. You

simply take for granted that this water is safe to drink. But in fact you count on your city water

department to constantly monitor the quality of your water and to immediately take measures to

correct any potential problems with this vital resource.

6:39 a.m. You flip the switch on the coffee maker. There is no short in the outlet or in the electrical

line and there is no resulting fire in your house. Why? Because when your house was being built,

the electrical system had to be inspected to make sure it was properly installed – a service provided

by your local government. And it was installed by an electrician who was licensed by your state

government to ensure his competence and your safety.

6:45 a.m. You sit down to breakfast with your family. You are having eggs – a food that brings with

it the possibility of salmonella poisoning, a serious food-borne illness affecting tens of thousands of

Americans every year. But the chance of you getting sick from these eggs has now been greatly

reduced by a recently passed series of strict federal rules that apply to egg producers.

7:00 a.m. You go into your newly renovated bathroom – one of a number of amenities that you

enjoy in your house. But the fact that you can legally own your own house is something made

possible by government. Think about this: “ownership” and “private property” are not things that

exist in nature. These are legal constructs: things created by laws that are passed and enforced by

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government. You couldn’t even buy your home without a system of commercial laws concerning

contracts and a government that ensures that sales contracts are enforced. So the fact that you live

in your own home is, in part, a benefit of government and the rule of law.

7:01 a.m. Government also helps you own your house in more than the legal sense. On a more

practical level, the federal government actually gives you money every year to help pay for your

house. It’s called a mortgage interest tax deduction and it is one of the larger benefit programs run

by the federal government – amounting to over $60 billion dollars a year. You can also deduct any

real estate taxes you pay. These largely overlooked subsidy programs have enabled millions of

people to buy their first home or to move up to a larger home than they could afford otherwise.

7:02 a.m. Back in the bathroom. You use the toilet and flush it. Your local government then takes

care of transporting this waste, treating it, and disposing of it in an environmentally responsible

manner – all without a second thought by you.

7:20 a.m. As you are getting dressed, a glance outside the window shows some ominous clouds.

You check the weather on your TV. All these weather forecasts are made possible by information

gathered and analyzed by the National Weather Service, a government agency. Every day, on your

behalf, it takes in 190,000 weather observations from surface stations, 2,700 from ships, 115,000

from aircraft, 18,000 for buoys, 250,000 from balloons, and 140 million from satellites – all just to

help you plan what to wear and make sure you don’t get stuck in a snow storm. And oh yes, this

agency may save your life with its hurricane and tornado warnings.

7:30 a.m. Before you leave home, you take your pills to control your high blood pressure. But how

do you know that this medicine is safe or effective? Without the testing required by the Food and

Drug Administration, you wouldn’t. And without the vigilance of the FDA, you could easily fall

victim to unscrupulous marketers of unsafe and worthless medicines.

7:45 a.m. You put a couple of letters in your mailbox. For less than the price of a cup of coffee, a

government employee will come to your house, pick up the letters, and have them delivered in a few

days to someone on the other side of the country. A pretty good deal.

7:50 a.m. You and your child walk across the lawn to your car and arrive without getting dog poop

on your shoes. A small but welcome achievement that is made possible now by a local law that

requires people to clean up after their pets. Also, the reason your neighborhood is not plagued by

stray cats and dogs is that your local Animal Control officer is on the job dealing with this constant

problem.

7:52 a.m. You help your young child into your car and you pull out of your driveway. You have now

entered an experience that is improved by government in almost more ways that you can count.

Driving your car is inherently dangerous. But it is made immensely safer by government laws and

regulations, such as those mandating child safety seats and the use of seat belts – rules that have

saved tens of thousands of lives. Driving down the street is also made much safer by a local

government that enforces traffic laws and discourages people from driving too fast or driving

drunk. Most state governments also minimize your risk of being run into by someone driving on

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bald tires or with faulty brakes by requiring regular inspections of all vehicles. And state driver’s

license examinations ensure that all drivers are at least minimally competent and can actually see

the road. In addition, if you are hit by another car, the potentially disastrous costs of an accident

are covered because the government requires that all drivers to have auto insurance. In fact,

without this extensive network of government laws and regulations covering automobiles and

driving, it would be foolish for us to ever venture out on the road.

8:15 a.m. You drop your child off at day-care. It took a long search to find a good program and it is

an expensive one, but it is worth it so you can feel confident that your child is in a safe, nurturing,

and stimulating environment while you are at work. One of the reasons you can afford this program

is the $3,000 child care tax credit you get from the federal government every year. Equally

important, your child benefits from the fact that most state governments now enforce day-care

requirements for group size, ratios of children per staff member, teacher training, nutrition, health,

safety, and space requirements.

8:35 a.m. Your trip on the freeway is much safer due to federal restrictions on the number of hours

that truck drivers can operate their vehicles without resting. Thousands of people die every year

from truck-related traffic accidents, but it would be much worse without these regulations that keep

sleepy truck drivers off the road.

8:55 a.m. You arrive at work and take the elevator. You just assume that the elevator is safe; and it

is, thanks in part to the annual elevator inspections conducted by your state government. It is

probably nothing you will appreciate until the next time the elevator breaks down with you inside,

and that makes you think a bit more about the reliability of elevators.

9:00 a.m. While at work, your rights and wellbeing are constantly protected by a wide-ranging

network of federal and state laws. The Occupation Safety and Health Act works to protect you from

unsafe and unhealthy work conditions. Federal law protects you from workplace discrimination

based on race, gender, religion, national origin, or disability. State laws may also require your

employer to purchase worker’s compensation insurance so that you are covered in case you are

injured on the job

Noon. For lunch you have your usual sandwich and microwaveable cup of soup. But why did you

choose that particular soup? Perhaps because it was low in salt and fat. But how do you know that?

Because the government requires all food packaging to have a truthful and easily readable panel on

the label that supplies you with the nutritional information necessary to make a good choice. Food

companies tell you what they want you to know about their products, but the Food and Drug

Administration’s labeling requirements tell you what you need to know to eat in a healthy way.

How do you know the lettuce in your sandwich is not laced with unhealthy doses of pesticides?

Because the Department of Agriculture has developed and is enforcing uniform standards for

pesticide residue on raw foods.

Microwave ovens are potentially very dangerous machines, but you can use this one with

confidence because of detailed government regulations that limit the maximum amount of radiation

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leakage and mandate two different safety interlocks that prevent its operation with the door ajar or

open.

12:45 p.m. After lunch, you walk to a nearby ATM and get some cash out of your account – and

your money is actually there. That wasn't always true during the economic depression of the 1930s

when many banks failed. But your money is safe -- as it was during the recent financial and banking

crisis -- because the government guarantees your deposits. In addition, those pieces of paper you

put in your wallet are only worth something thanks to the federal government. Our monetary

system is entirely a government creation, and the value of money is only maintained because the

government regulates the money supply and protects it from counterfeiters. Quite an important

service really.

1:00 p.m. Back at work you hear rumors about a new downsizing plan being talked about by

management – a fairly typical occurrence in these days of heightened national and international

corporate competition. You know your job is one that could be lost, but you also know that you will

be eligible for state-mandated unemployment insurance should that happen. This is just another

way that government helps you to cope with the economic risks and uncertainties of a modern

economy.

3:00 p.m. On a break, you call your elderly mother in the hospital to check on how she is

recovering from her broken hip. Thanks to Medicare, her medical expenses are covered and she

does not have to worry about this becoming a financial disaster for her. Thanks to the federal

Family and Medical Leave act, you will also have the right to take several days off to tend to your

mother when she comes home from the hospital.

3:10 p.m. You call to arrange for a physical therapist to work with your mother when she comes

out of the hospital, and again this is paid for by Medicare. And you can be reasonably confident that

she will get good therapy because your state Department of Health has a program of examining and

licensing these therapists in order to ensure the quality of their work.

5:00 p.m. You leave work—thanks to the government-mandated 40-hour workweek. Labor

Department regulations prevent your company from making you work past 5:00 unless it pays you

overtime.

5:15 p.m. You stop at a local gas station to fill up. The very fact that this oil company offers this gas

to you for sale is dependent on the existence of certain government laws. This company would not

do business in your town without a legal system that assures them that you will pay for any gas you

pump into your car. This economic exchange – like buying your house – would not be taking place

without a system of statutory and common law that protects private property and regulates sales

transactions. This simple sale is covered by Article Two of the Uniform Commercial Code – dozens

of pages of laws that regulate every phase of a transaction for the sale of goods and provide

remedies for problems that may arise.

5:15 p.m. You pump 15 gallons of 87 octane gas into your car and pay for it. But how do you know

that you really got 15 gallons, and not 14½? And that the gas was actually 87 octane? This is only

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ensured by the presence of that little sticker on the gas pump that shows that a worker from your

city’s Division of Weights and Measures has inspected the pump and the gas. These public

employees make sure that you get what you pay for – from a pound of sliced turkey breast to a carat

of diamond – by constantly testing and inspecting all commercial meters and scales, and by

verifying the accuracy of checkout scanners. This is a crucial service, since more than half of the

income of the average family is used to purchase necessities bought by weight or measure or

scanned at a checkout station.

5:15 p.m. How do you know the price you are paying for this gasoline is a fair and competitive one?

In many states, the Department of Attorney General has been responsible for finding and

prosecuting cases of price manipulation and price fixing by oil companies and distributors.

5:30 p.m. As you drive home, you notice the tree-lined streets and the nice houses in your

neighborhood – generally a pretty good place to live. Thanks again to government. Without zoning

rules, you might have an auto body shop or a fast-food outlet move in next door. Or worse yet, a

fertilizer plant or a toxic waste site. But there are no noxious smells in the air, no excessive and

dangerous traffic on your street – thanks to your government. Pleasant and livable neighborhoods

are only possible with extensive government planning and zoning regulation.

5:35 p.m. As you approach your house, you see your child coming down the sidewalk. The

government-provided sidewalk. The sidewalk that allows your child to walk to the neighbor’s house

down the street to play with a friend without the risk of being hit by a car.

5:45 p.m. You go for a jog in your local public park.

6:30 p.m. You take your family out for dinner at a local pizza restaurant. You enjoy a good meal

and no one gets sick from E. coli or other food-borne illnesses. This is in large part because your

local government conducts regular inspections of all food establishments to protect the health of

customers.

7:30 p.m. Back at your house. You settle in for a quiet evening at home – one that is undisturbed by

those annoying telemarketers calling you up to try to sell you something. This is because you have

signed up with a state or federal no-call registry – a government service now enjoyed by over 60

million Americans.

8:00 p.m. You do a quick check of your e-mail – just one of the many services you enjoy over the

internet every day. We all tend to think of the internet as the product of those talented and

imaginative entrepreneurs in the high-tech companies. But the internet actually began with

government programs that created ARPANET and later NSFNET, early computer networking

systems that developed the software and networking infrastructure that form the foundations of

today’s internet. The government also helped to fund research that led to web browsers like

Internet Explorer and search engines like Google.

11:00 p.m. You go to bed. During your sleep, you are protected by a smoke detector that your city

requires to be installed in every residence. Maybe you would have bought one of these yourself, but

this law helps to ensure that everyone is protected from the dangers of fire.

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4:00 a.m. You are asleep in your comfy bed. Unlike that time you stayed in a small inn in Costa

Rica, where you were woken up regularly at 4 in the morning by the roosters crowing in the

neighborhood. By law, no one can keep roosters in your neighborhood and so you remain in blissful

slumber.

Government: The Illusion and the RealitySo goes your typical day as an average middle-class American – if you happen to be paying attention

to all the different ways that government laws and programs help you lead a better life. For most of

us, thinking about our day this way is a real eye-opener. We like to see ourselves as rugged

individualists, leading our lives without any help from anyone, especially government. But this is an

illusion. As we have just seen, the reality is completely different. We are constantly benefiting from

a variety of government laws and programs. Federal, state, and local government employees are

literally working around the clock to make our lives better in innumerable ways. Ironically, even

those conservatives who complain that they don’t want government “interfering” in their lives

depend heavily and repeatedly on government throughout their day. And the examples described

earlier are only a small sample of the many ways that government programs improve our lives. They

do not even include many of the most important services of government, such as preventing

economic depressions, catching criminals, caring for our fragile ecosystem, dispensing justice,

thwarting terrorist attacks, and eradicating deadly diseases. A detailed description of all the various

ways that our lives are improved by the activities of local, state, and federal governments could

easily take up hundreds of pages.

Many conservative critics of government like to portray it as a malevolent force whose extensive

network of laws and regulations are increasingly invading our lives in harmful ways. They have it

half right: government policies do affect our everyday lives in many ways, but these efforts are

usually beneficial. For most of us, most of the time, government is not some faceless bureaucrat

who is constantly ordering us around; it is more like a guardian angel: an invisible benevolent being

that accompanies us throughout their day, easing us through potential difficulties and protecting us

from impending harms. Admittedly, the angel analogy is a bit exaggerated, but the underlying truth

is not: government has an extensive and overwhelmingly positive effect on our everyday lives.

Why We are in Denial About the Value of GovernmentSo why are most people in denial about the beneficial roles that government plays in their lives?

There are several answers. First, most Americans have become so used to the benefits of

government that they simply take them for granted. Benefits that are provided reliably for long

periods of time – such as clean water and a stable currency system – tend to fade into the

background and to not be considered benefits at all. They disappear from our consciousness.

Our failure to notice or appreciate what government does for us also has to do with the unique and

peculiar nature of many government benefits. The benefits we get from paying our taxes are usually

not immediate, and they are often not particularly tangible either. They can be remote and elusive.

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This is easy to see if we contrast government benefits with the benefits we receive from exchanges

in the marketplace. When we go to the store, we hand over our money and immediately get

something very concrete in return – a candy bar, a blouse, some groceries. This kind of exchange is

very satisfying; we see what we get for our money right away.

Not so with many of the exchanges we have with our governments. We shell out money for our

taxes, but what we gain in return is frequently delayed or remote. For instance, we pay our local

government to treat our sewage, but the environmental payoffs may not be immediately obvious to

us. When we later go fishing or swimming in our local lake or river – waters whose purity depends

upon adequate sewage treatment – we probably do not see this enjoyable experience as a result of

our sewer tax. When benefits are remote like this, it is hard to make the connections between them

and the taxes we pay. It is unlikely, for example, that we associate sending our check to the IRS

with getting reliable weather forecasts every morning, or with the purchase of a flack vest that

saves a police officer’s life in Los Angeles, or with badly needed emergency aid that goes to a

hurricane victim in Florida.

Government benefits are also different because they are often less tangible than the goods we get

from a store. These benefits frequently take the form not of the presence of something, but of the

absence of something. Think of it this way: much of the job of government in our lives is to ensure

that bad things don’t happen to us. We pay taxes so that our homes don’t get burgled, and our food

doesn’t make us sick, our banks don't fail, and our bridges don’t collapse. In other words, often

when people in government are doing their job right – nothing happens. No wonder no one notices.

So while we really do get a lot for with our taxes, we often get it in a form that is largely invisible to

us. This is one of the reasons why we too easily fall for the illusion that government is doing nothing

for us.

The Conservative Campaign Against GovernmentThere is, however, another much more disturbing reason that most of us mistakenly believe that

government doesn’t do much for us: it’s because this is what we are being constantly told. One of

the most consistent political messages promoted by conservative pundits and politicians in this

country is that our governments are essentially thieves – that they take our taxes but rarely give us

back anything of value. The political right is continually telling us that we benefit little from public

programs. Here’s how Dick Armey, former Republican House Majority Leader, used to drive this

point home: “I don’t want to give the impression that most government programs are designed,

even ostensibly, to help families with the needs of everyday life. Most government programs don’t

even pretend to do that, and very few American families would notice their disappearance."2

This idea that government programs do not benefit the average American is simply one part of a

larger smear campaign against government being waged by the right-wing in the country. During

the last 30 years, conservatives have spent a great deal of time and money trying to convince

Americans that government is bad. They have relentlessly promoted a series of negative stereotypes

about government, invoking ominous images of “Big Brother” and the “Taxman.” They have blindly

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ignored everything that is right with government and aggressively advanced a vision of government

as a dark force in society. We have been continually told that government is inefficient, ineffective,

corrupt, oppressive, overly expensive, and bad for business. The core message has been clear:

government doesn’t help us, it hurts us; it doesn’t solve problems, it is the problem. This claim that

“government is bad” has been a central political theme in virtually every Republican election

campaign during the last three decades. Americans have always been somewhat suspicious of

government, but this tendency has been greatly exacerbated and exaggerated by a steady diet of

anti-government rhetoric coming from the political right.

The media often go along with the conservative smear campaign against government – sometime

intentionally, sometimes not. Explicitly right-wing media outlets like Fox News are full of daily

diatribes against big government. Conservative commentators lambaste "wasteful" social programs,

"ridiculous" regulations, and the "stupid" liberals who support these things. Even the more neutral

mainstream news outlets inadvertently convey an almost entirely negative view of government to

the public. It is not news when government works well, only when it fails. So news stories focus on

policy blunders, government waste, and corrupt politicians. When is the last time that you heard

something positive about government in the media – something about how government is working

to improve people’s lives?

In this context, it is hardly surprising that most of us mistakenly believe that government programs

do little to benefit us – that is what we are being constantly told. Every day we are hearing about

what is wrong with government, so it is inevitable that we tend to develop an incomplete, distorted,

and negative view of the public sector. But it is time to set the record straight about this much-

maligned public institution.

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Uni

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t 1 Name: ___________________________________

Checks and Balances

For each space below, write E for executive branch, L for legislative branch, and J for judicial branch to describe which branch possess this power to check and balance another branch.

1. _____ Can veto acts of Congress

2. _____ Can impeach and remove the President and Vice-President

3. _____Can declare executive acts unconstitutional

4. _____ Can propose amendments to overturn Court decisions

5. _____ Appoints federal judges

6. _____ Can override a Presidential veto

7. _____Appointed for life, so as to be free from executive and legislative control

8. _____Can refuse to confirm Presidential appointments

9. _____Can suggest laws or policies

10. _____Can declare acts of Congress unconstitutional

11. _____Can refuse to ratify treaties

12. _____Can pardon federal offenders

13. _____ Can impeach and remove federal judges

14. _____Can declare war

15. _____ Can call special sessions of Congress

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Various governmental powers are listed below. Identify the branch doing the checking and the branch being checked. More than one answer is possible per section. (Executive=EXEC, Judicial Branch= JUD, & Legislative Branch = LEG)

Power Which branch has the power? (Could be more than one)

Which branch’s power is being checked? (Could be more than one)

1. Create, introduce, pass, and sign legislation

2. Veto bills

3. Ratify treaties

4. Appoint federal judges

5. Impeachment of federal officials

6. Confirm the appointment of presidential appointments.

7. Declare laws unconstitutional

8. Override Presidential vetoes

9. Serves for life

10. Declare war

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Debate Resolution:“Federalism is no longer necessary because most important issues are either national or global in scope. The world is a different place than in 1787. The US would be better off if the states served as administrative districts, as in unitary government.”

Points of View to Consider:

A world context, how do other nations organize their governments? (page 67 of your textbook is a starting point)

What would the Founders say? What do the Federalist and Anti-Federalist Papers say? What would Madison, Hamilton, Adams, and Henry say?

What would Enlightenment thinkers like Locke, Hobbes, Montesquieu, and Rousseau say about federalism and human nature?

What are some examples in US history and with current events of federalism working or not working? (Slavery, Civil War, Civil Rights, Segregation, Prohibition, Abortion, Gay Marriage, Medical Marijuana, Education, Welfare…)

Does technology change this situation? How has federalism changed over time? Does this new federalism make it more or less relevant now? Does federalism protect minority rights, and limit the power of the federal government? Does federalism unify or disunite a nation?

30 points, overall

15 points for your participation. 15 points for preparation. Please find and read 3 on-line sources to support your position (highlight them

or take notes on the paper) and bring them to class or take notes on them and write down the web address.

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Constitutional Underpinnings of the U.S. Government

Constitutional Underpinnings of the U.S. Government:

What is the constitutional basis of separation of powers?

It can be found in several principles, such as the separation of government into three branches, the conception that each branch performs unique and

identifiable functions, and the limitation of personnel to a specific branch.

Constitutional Underpinnings of the U.S. Government:

How does Article VI of the Constitution establish the supremacy of the federal

government?

Article VI states that the Constitution and the laws of the United States are the supreme law of the land. The Court ruled in McCulloch v. Maryland (1818) that federal laws are supreme over state laws, and when a state law comes into conflict

with a federal law, the federal law prevails. This has come to be called the supremacy clause.

Constitutional Underpinnings of the U.S. Government:

What are the differences between categorical grants and block grants?

Categorical grants, including project grants and formula grants, are federal aid that meets the criteria of a specific category and have strings attached, such as requirements to obtain the

funds. Block grants go to states and local communities for more general purposes, with

fewer strings attached. States have greater control over block grants.

Constitutional Underpinnings of the U.S. Government:

What are John Locke’s arguments in the Second Treatise on Civil Government?

Locke argued that humans, in the state of nature, were born equal and that they possessed natural

rights that no king had the power to void. The consent of the governed is the only true basis of a king or sovereign’s right to rule. Therefore, a chief

executive, according to Locke, is limited by this social contract with the governed.

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Constitutional Underpinnings of the U.S. Government:

How do the characteristics of a totalitarian system differ from a democratic system?

In a totalitarian system, government retains unlimited powers for the benefit of elite rulers.

The government has total control over the people and the economy. In a democracy the government

is limited by law, representatives are chosen by the people, dissent is tolerated, and citizen

membership in autonomous groups is allowed.

Constitutional Underpinnings of the U.S. Government:

What are the provisions of the New Jersey Plan?

The plan proposed a unicameral legislature with one vote for each state, a weak executive elected by Congress, and a national judiciary appointed by the executive. The New Jersey Plan represented

the interest of the smaller states.

Constitutional Underpinnings of the U.S. Government:

What are the criticisms of unfunded mandates?

Unfunded mandates are where states are forced to pay for programs that are required by federal law yet not funded by federal dollars. This forces

states to either raise taxes or cut services to citizens. The decision regarding how citizens are

taxed or supported is taken out of the states’ hands by the federal government.

Constitutional Underpinnings of the U.S. Government:

What are the full faith and credit and privileges and immunities clauses of Article IV

of the Constitution?

Article IV of the Constitution requires that states must recognize each other’s laws and legal

proceedings, or grant each other full faith and credit. The privileges and immunities clause refers to the fact that states may not discriminate against

citizens of other states.

Constitutional Underpinnings of the U.S. Government:

What is the most common method of amending the Constitution?

The most common way to amend the Constitution is for a bill to pass by a two-thirds majority vote of

each house of Congress and then be ratified by three-fourths of the state legislatures. This

method has been used twenty-six times to amend the Constitution.

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Constitutional Underpinnings of the U.S. Government:

What is the constitutional basis of implied powers?

The necessary and proper clause of Article I, Section 8 of the Constitution, also known as the

elastic clause, stretches Congress’s powers to make laws that help it carry out its enumerated

powers.

Constitutional Underpinnings of the U.S. Government:

What were the achievements under the Articles of Confederation?

The Treaty of Paris, signed with Great Britain in 1783, formally recognized the independence of the

United States. The second accomplish was the Northwest Ordinance of 1787, which established the principle that the territories could enter the union as states on an equal basis with the older

states.

Constitutional Underpinnings of the U.S. Government:

What is pluralist theory?

In the U.S., which has a political system of widely scattered resources, government is mainly

concerned with a competition among groups. Policy results when the group with the dominant

interest prevails.

Constitutional Underpinnings of the U.S. Government:

What are Thomas Hobbes’ arguments in Leviathan?

Hobbes believed that humans are basically selfish, individualistic, and constantly at war with each other. Therefore, people need an institution to

govern them and to maintain order. Hobbes argued for a single ruler, even a strong monarch,

to protect the rights of the weak against the wishes of the strong.

Constitutional Underpinnings of the U.S. Government:

What are the four principal parts of the Declaration of Independence, and to whom is

it addressed?

The Declaration of Independence is addressed to King George III of Great Britain, and has four parts. The first part is the preamble of introduction, the second is the theory of republican government,

the third is the list of grievances (a collection of 27 complaints) and the fourth is the formal

declaration of independence.

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Constitutional Underpinnings of the U.S. Government:

What are examples of checks and balances between the legislative and executive

branches?

The president appoints cabinet members, but the Senate has the authority to confirm appointments.

The president sends troops into combat, but Congress declares war. The president can

negotiate treaties, but only the Senate can ratify a treaty. The House of Representatives can bring

impeachment charges against the president, and the Senate holds impeachment trials and votes on

removal.

Constitutional Underpinnings of the U.S. Government:

What is the devolution revolution?

The devolution revolution describes the tendency of the federal government to place responsibility for how grant money is spent in the hands of the states. There is an emphasis on solving problems

at the state and local levels, rather than at the federal level.

Constitutional Underpinnings of the U.S. Government:

How did the doctrine of dual federalism develop?

The Supreme Court decision in Gibbons v. Ogden (1824) reaffirmed the concept of federal

supremacy over interstate trade and state supremacy over intrastate trade. This created dual

federalism. The national government has subsequently intruded into matters once reserved for the states, and dual federalism can hardly be

said to exist any longer.

Constitutional Underpinnings of the U.S. Government:

How does the power of judicial review act as a check on the legislative and executive

branches?

John Marshall expanded the Supreme Court’s power in the landmark 1803 Marbury v. Madison

decision by writing that it was the duty of the Supreme Court to “say what the law is” and

declare laws passed by Congress, and acts of the executive, invalid if they are in contradiction with

the Constitution.

Constitutional Underpinnings of the U.S. Government:

What is the Lame Duck Amendment?

This term refers to the Twentieth Amendment, which sets the end of the president and vice

president’s term on January 20, and the end of senators’ and representatives’ terms on January 3. Officials who will not be assuming office in the new term and would therefore by ineffectual proposing

legislation are known as lame ducks.

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Constitutional Underpinnings of the U.S. Government:

Which theory of government claims that small groups of individuals and/or businesses

dominate the policy making process in their own interests.

Elitism is the theory of government that claims that small groups of individuals dominate policy

making.

Constitutional Underpinnings of the U.S. Government:

Of all of the articles, which Federalist Paper was the most famous and significant?

Federalist No. 10. In this article, James Madison explained how a republic would minimize the effect of divisive political factions by dividing

power among several different parties. This action would negate the effect of a single faction

operating alone.

Constitutional Underpinnings of the U.S. Government:

What are legislative vetoes? Are they constitutional?

Legislative vetoes are a method by which Congress, in either one or both houses, blocks a

proposed executive action. Vetoes are frequently used for presidential reorganization plans of the executive branch. These vetoes were declared

unconstitutional in INS v. Chadha (1983), when the Supreme Court decided that they violated the

doctrine of separation of powers.

Constitutional Underpinnings of the U.S. Government:

List at least three methods of informally amending the Constitution.

Legislative actions are those in which Congress passes laws that alter or clarify the meaning of the

Constitution. Executive actions entail the use of presidential power and that can change the

meaning of the Constitution. Judicial review or interpretation occurs when the judiciary interprets

the Constitution and rules on cases that then become law.

Constitutional Underpinnings of the U.S. Government:

What are the differences among power, authority and legitimacy?

Power is the ability of one person to get another person to act in accordance with the first person’s

intentions. Authority is the right to use power. People accept decisions made by people with the

authority to make those decisions, which is the legitimate use of power, or legitimacy.

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Constitutional Underpinnings of the U.S. Government:

What is the social contract theory of government?

The social contract theory is one of the basic principles of constitutional government in the U.S. It is based on the philosophies of Thomas Hobbes, John Locke and Jean-Jacques Rousseau. It holds

that people are free and equal and posses natural rights, and that they give up some of their natural freedoms in exchange for protection and services

from the government.

Constitutional Underpinnings of the U.S. Government:

What is hyper-pluralism?

Hyper-pluralism is the idea that the U.S. contains so many groups that represent so many different

interests that there is a virtual deadlock of government action.

Constitutional Underpinnings of the U.S. Government:

What were the three central arguments against ratification of the Constitution put

forth by the Anti-Federalists?

First, the Anti-Federalists supported states rights and feared a strong central government. Second, they believed that the Constitution would create

an elite economic class that would abuse individual rights. Finally, they wanted fewer limits on

popular participation in the political process.

Constitutional Underpinnings of the U.S. Government:

How has the principle of separation of powers prevented presidents from successfully having

their judicial nominees confirmed?

The Constitution grants the president the power to appoint federal judges and the Senate the power to confirm the nominations. The Senate uses a filibuster to delay or prevent votes on judges.

Since it takes sixty votes to bring an issue to a vote and end debate, the majority party needs sixty members of out of one hundred to effectively

confirm the president’s nominees.

Constitutional Underpinnings of the U.S. Government:

How did the Three-Fifths Compromise balance the interests of the northern and southern

states?

The North wanted slaves counted for taxation but not representation, and the south wanted slaves counted for representation but not taxation. The

compromise resolved this issue by stating that each state would count three-fifths of its slave population for purposes of determining both

representation and taxation.

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Constitutional Underpinnings of the U.S. Government:

What is the basic difference between direct democracy and representative democracy?

In a direct democracy, all citizens participate, meet, and make decisions about public policy

issues. In a representative democracy (also known as a republic), citizens elect representatives to

make public policy decisions in the citizens’ interests.

Constitutional Underpinnings of the U.S. Government:

What were the provisions of the Virginia Plan offered at the Constitutional Convention?

The Virginia Plan was based on three principles. These included a strong national legislature with two chambers, one to be chosen by the people and one chosen by the lower house; a strong

national executive to be chosen by the national legislature; and a national judiciary to be

appointed by the legislature. This plan appealed primarily to the larger states, as it benefited their

interests most.

Constitutional Underpinnings of the U.S. Government:

What powers are denied to the government by the Constitution?

The powers denied to the federal government are contained in Article I, Section 9 of the Constitution.

They include suspending the writ of habeas corpus, passing a bill of attainder or ex post facto law, levying taxes on exports and granting titles of

nobility.

Constitutional Underpinnings of the U.S. Government:

How are the functions of the executive and legislative branches separate in regard to

lawmaking?

The executive sets the legislative agenda through addresses to the people, dealings with the party

leaders in Congress, and introducing new initiatives. Congress introduces new legislation, passes it through the committee systems and to the floors of both houses for votes, and then to

the president’s desk. If vetoed, Congress may pass the bill into law with a two-thirds majority in both

houses.

Constitutional Underpinnings of the U.S. Government:

What major issue divided large and small states at the Constitutional Convention? How

was it resolved?

Equitable representation for large and small states in the legislature. Large states pushed for

representation determined by population; small states wanted equal representation for every

state. The Great Compromise (also known as the Connecticut Compromise) created a bicameral

national legislature.

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Constitutional Underpinnings of the U.S. Government:

How did Shays’ Rebellion demonstrate the weaknesses of the Articles of Confederation?

Daniel Shays led an armed rebellion of debtors in western Massachusetts that the state militia was unable immediately to control. The event forced state governments to acknowledge the need for a

stronger central government that could exert stronger controls over its citizens.

Constitutional Underpinnings of the U.S. Government:

How are the functions of the legislative, executive and the judicial branches separated

and checked in the Constitution?

According to Article III of the Constitution, Congress has the power to establish lower courts.

According to Article II, the Senate has the power to confirm presidential appointment of all federal and Supreme Court judges. Marbury v. Madison (1803) established the precedent of judicial review, giving

the Supreme Court the power to decide if state and federal laws are constitutional.

Constitutional Underpinnings of the U.S. Government:

What are the differences among categorical grants, block grants, and revenue sharing?

Categorical grants are for specific purposes and often require local matching funds. Block grants

are devoted to general purposes with few restrictions. Revenue sharing requires o matching

funds and allows much greater freedom in spending decisions.

Constitutional Underpinnings of the U.S. Government:

What are three examples of concurrent powers?

Both federal and state governments make laws for their citizens. Both federal and state governments

have the power to tax, to maintain courts, to define crimes, and to appropriate private property for public use (eminent domain). The states may

also exercise any power that the Constitution does not reserve for the national government.

Constitutional Underpinnings of the U.S. Government:

In his book, The Prince, Niccolo Machiavelli gave what famous advice to the prince of

Florence, Italy?

In what has been called the theory behind the practice of modern American politics, Machiavelli advised the prince of Florence that “it is better to

be feared than to be loved,” and that the appearance of being an honest, trustworthy ruler is more important than actually being an honest,

trustworthy leader.

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Political Beliefs and Behaviors:

List the core values of political culture in the U.S.

The core values of political culture in the U.S. are liberty, equality, individualism, democracy, rule of

law, and equality under the law.

Political Beliefs and Behaviors:

What is the difference between a conflictual and a consensual political culture?

A conflictual political culture is one where groups with differing beliefs and values clash. A

consensual political culture is where beliefs and values are widely shared. Even in a consensual political culture such as the United States, there

are some issues that cause conflict.

Political Beliefs and Behaviors:

Define political culture.

Political culture is a set of basic values and beliefs about a country or government shared by most

citizens.

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Unit 1: Chapters 1, 2, & 3 Study Guide: American Politics, the Constitution, & Federalism

What are some important concepts to government?

State of American politicso Apathyo Youth vs. Senior voterso Heterogeneous Society, nation of immigrants o American Individualismo Equality of opportunity, not results

Machiavelli John Locke

o State of Natureo Social Contracto Natural Rights

Power vs. Authority vs. Legitimacy Majority vs. Plurality Founder’s view on democracy and human nature Direct democracy vs. republican government Theories about American Government

o Majoritariano Pluralismo Hyper-pluralismo Elitismo Bureaucratic

How did the Constitution come to be and what ideas are embodied within it?

The Articles of Confederation Structure

o Shays’ Rebellion

Constitutional Convention

Compromises

Limits to democracy built into the Constitution

Separation of Powers

Checks and Balances

Civil Liberties

Types of Powers

o Enumerated (Expressed or delegated) Powers

o Implied Powers

o Reserved Powers

o Concurrent Powers

o Denied Powers

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Ratification Process

Anti-Federalists

Federalist Papers

o Federalist # 10 (factions)

o Federalist # 51

Bill of Rights and other Amendments

Democratization of the Constitution over time

How is does more than one government rule over the same area in the US?

Federalism v. Unitary v. Confederation

Growth of the federal government in relation to the states

o Supremacy clause

o Elastic clause (Implied Powers) & McCulloch v. Maryland

o Commerce Clause & Gibbons v. Ogden

Horizontal Federalism

Dual vs. Cooperative federalism

Fiscal Federalism

o Grants-in-aid

o Categorical grants: Project v. formula grants

o Block Grants

o Mandates

o Cross-over-sanctions

Devolution

o Block Grants- Welfare Reform 1996

One short answer question will appear on the test called a Free Response Question.FRQ tips:

o Make sure to use the answer example method. Concrete examples really improve the quality of your responses.o Please make sure to clearly label your responses with letters, bullet points, indentation, and by skipping spaces. You

will lose points if you do not clearly label your responses. Do not make the reader hunt for your answerso Make sure to answer all parts of the question. This is a very common mistake that many commit.

Possible topicsConstitution

o Minority vs. Majority rightso Democratization of the Constitutiono Separation of Powers and Checks and Balanceso Implied vs. Enumerated Powers

Federalismo National vs. state sovereignty o Growth of the federal government over timeo Different versions of federalism, Dual, Cooperative, & Fiscal

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Unit 1 Practice Test

1. Government is defined as theA. organization that brings problems to the attention of public officialsB. institutions through which public policies are made for societyC. body that is concerned with economic problems and leaving social problems to other institutions

of societyD. agency that implements policies that have been enacted by other institutions of the political

system

2. Things that are indivisible, nonexclusive, and that everyone can share are calledA. public goodsB. socializedC. communistD. intangible property

3. Politics is defined asA. A course of action to solve a problemB. Conflict in societyC. Who gets what, when, and howD. The resolution of conflict in a way that serves the public

4. Which of the following is not one of the cornerstones of an ideal democracy?A. Equality in votingB. Effective participationC. Economic equalityD. Citizen control of the agenda

5. Pluralist theory contends that in the United StatesA. Many groups vie for power with no one set of groups dominatingB. Society is governed solely by the upper-elite classC. Too many influential groups cripple government’s ability to governD. The many members of the bureaucracy dominate a singular official such as the President

6. At the center of all theories of elite domination of politics isA. Big businessB. The PresidentC. CongressD. Trilateral commission

7. Which of the following institutions was specifically outlined in the Constitution?a. Federal Reserve systemb. Cabinetc. Federal District Courtsd. Electoral College

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8. Which of the following statements accurately describe the system of checks and balances?I It prevents the rule of the majority, because one institution cannot gain more power than the other

II The power of veto allows the president to check Congress

III The system of checks and balances grew out of long political tradition

but is not defined by the Constitution

IV Congress checks the power of the judicial branch by nominating justices

a. I onlyb. III onlyc. I and II onlyd. III and IV only

9. Which of the following concepts of government introduced in the Articles of Confederation was maintained in the Constitution?

a. Limited governmentb. Checks and balancesc. State supremacyd. Direct democracy

10. Anti-Federalist argued against adoption of the Constitution for all of the following reasons excepta. It failed to centralize powerb. It responded to the needs of the minority, not the majorityc. It placed too many restrictions on the statesd. It neglected individual rights

11. In which of the following ways does the original Constitution adopted in 1788 protect the rights of individuals?

a. It gives Congress the right to impeach the Presidentb. It invests the president with the power of commander-in-chiefc. It prohibits suspension of the writ of habeas corpusd. It allows states to collect taxes

12. All of the following are concurrent powers of the federal and state governments EXCEPT thea. Imposition of export tariffsb. Collection of taxesc. Management of the court systemd. Construction of roads

13. Which of the following statements is true of a federal system of government?a. Power is concentrated in a central government that oversees policymaking and the enforcement

of lawsb. Power is shared among state governments in such a way that all states must recognize and

respect the laws of other statesc. Power is divided among levels of government so that more than one level has authority over a

body of peopled. Power is relegated primarily to state governments.

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14. The full faith and credit clause would require all of the following EXCEPTa. That a marriage performed in Las Vegas be valid in other statesb. That a driver’s license serve as identification when a person travels across state linesc. That a birth certificate issued by any state can be used to open a bank accountd. That something against the law in one state is against the law in all other states

15. To receive federal funding state programs usually musta. Comply with some federal regulationsb. Hire federal employees to oversee the programc. Be approve by the Supreme Courtd. Return a percentage of the funds as profit

16. A resident of New Mexico is robbed while he is visiting relatives in Texas and calls the local police, who later find the culprit. This is an example of

a. The tenth amendmentb. The supremacy clausec. The rights of the accusedd. The privileges and immunities clause

17. Which of the following statements accurately describe public participation in a federal system?I Multilevel elections allow voters more influence over government bodies

II Concerned citizens may join both state and national political groups to try to influence policymaking

III People are more likely to participate in state-level politics because state governments are more responsive

IV Political parties offer voters more choice among candidates

a. I onlyb. III onlyc. I and II onlyd. II III and IV only

18. The primary thrust of the original intent and wording of the tenth amendment is thata. States have certain powers that the national government cannot encroach uponb. National laws override state laws when there is a conflict between the twoc. The national government can take control of a state government during an emergencyd. Both the states and national government are bound by the limitations in the Bill of Rights

19. In its McCulloch v. Maryland decision, the Supreme Court ruled in favor ofa. The supremacy of the national government over the statesb. The supremacy of the states over the national governmentc. Judicial reviewd. Judicial restraint

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20. In determining the power of Congress to regulate commerce in the 1824 case of Gibbons v. Ogden the Supreme Court

a. Listed the enumerated powers of Congress and the national governmentb. Listed the implied powers of Congress and the national governmentc. Defined commerce very broadly, encompassing virtually every form of commercial activityd. Defined commerce very narrowly in considering the right of Congress to regulate it.

21. In dual federalism,a. Powers are shared between states and the federal governmentb. The federal government assumes greater fiscal responsibilityc. State and the national government each remain supreme within their own sphered. The state governments assume greater fiscal responsibility

22. The pattern of spending, taxing, and providing grants in the federal system is calleda. Dual federalismb. Economic federalismc. Fiscal federalismd. Cooperative federalism

23. Reflecting the natural rights philosophy, the Declaration of Independence stated that governments derive their just powers from

a. the consent of the governedb. traditionc. their elected leadersd. a constitutione. God

24. The sole purpose of government, according to John Locke, wasa. to protect natural rightsb. to protect individuals from violencec. to educate its peopled. to promote the common goode. to prevent anarchy

25. Under the Articles of Confederation, most power rested with thea. state legislaturesb. Continental Congressc. Presidentd. United States Senatee. The British Parliament

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26. The Connecticut Compromise at the Constitutional Conventiona. resolved the impasse between those who favored the New Jersey plan and those who favored the

Virginia Planb. threw out the idea of having a monarchy in the United States, opting instead for an indirectly elected

presidentc. settled the dispute over whether slavery should be allowed in the final constitutiond. added the Bill of Rights to the Constitution in order to lessen concerns about too much power for the new

governmente. involved all of these elements

27. The Madisonian requirement that each branch of government acquire the consent of the others for many of its actions created a system of

a. separation of powersb. checks and balancesc. constitutional republicd. confederated governmente. cross-cutting requirements

28. Opposition to ratification of the Constitution was based on the belief that it woulda. give too much power to the statesb. promote pluralism, which would threaten libertyc. produce more democratic elements than desirable for a strong central governmentd. provide for elite control, endanger liberty, and weaken the statese. all of these

29. The enumerated powers of congress and the national government are thosea. Involving taxes, spending and fiscal policyb. requiring ratification by the statesc. specifically spelled out in the Constitutiond. not specifically spelled out in the Constitution, but nonetheless acknowledgede. set out in t he first ten amendments

30. A marriage license issued in one state is valid and honored in all states under the constitutional provision of

a. separation of powersb. full faith and creditc. privileges and immunitiesd. national supremacye. national licensure

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Answer Key:1. B2. A3. C4. C5. A6. A7. D8. C9. A10. A11. C12. A13. C14. D15. A16. D17. C18. A19. A20. A21. C22. C23. A24. A25. A26. A27. B28. D29. C30. B

Unit I – Constitutional Underpinnings

31. All of the following statements support the pluralist view of American politics EXCEPT:a. No elites exist in a modern representative democracy.

b. Many groups compete for control of public policy, with no one group or set of groups dominating.

c. Bargaining and compromise among groups are essential ingredients in a democratic policy process

d. While claiming to represent the general welfare, groups tend to represent narrow interests.

e. Some people do have more power than others, but their influence tends to be limited to particular issues and areas.

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32. The document which includes 27 paragraphs that list specific complaints of the colonists against George III and his ministers and asserts that people have natural rights wasa. the Constitution

b. Common Sense

c. the Declaration of Independence

d. Federalist #10

e. John Locke’s Second Treatise of Civil Government

Questions 33-34 refer to the following passage:

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. A dependence on the people is, no doubt, the primary control on the government, but experience has taught mankind the necessity of auxiliary precautions.”

33. The author of the passage wasa. Benjamin Franklin

b. Thomas Jefferson

c. John Locke

d. James Madison

e. Samuel Adams

34. The passage intended to support which of the following principles of government?a. federalism

b. rule by an elite

c. direct democracy

d. majoritarian

e. legitimacy

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35. Which of the following was a provision of BOTH the Articles of Confederation AND the Constitution?a. A president enforces the law.

b. Congress may regulate interstate commerce.

c. Congress may declare war.

d. Certain cases are decided by the Supreme Court.

e. Congress may not levy taxes.

36. All of the following conditions characterized the United States under the Articles of Confederation EXCEPT:a. Sovereignty was left to the states.

b. Expanded political participation brought a new middle class more power.

c. Economic turmoil brought economic issues to the top of the political agenda.

d. A series of attacks on courthouse in Massachusetts called attention to the demands of debtors.

e. Several states were on the verge of rebellion because of harsh new restrictions placed by the national government on interstate trade.

37. The 55 members of the Constitutional Convention generally held which view of human nature?a. Man, by nature, wants to be ruled by a strong government.

b. Humans are naturally good, and are only corrupted by society

c. Human nature is most characterized by conflict and chaos

d. Humans are motivated by self interest and therefore cannot be trusted with political power.

e. Common people can be trusted with power, but rulers cannot.

38. For Madison, in the Federalist #10, “the most common and durable source factions has been…”a. Democrats and Republicans

b. the unequal distribution of property

c. religion and ideology

d. the various regional interests within the country

e. the various political views held by the elites

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39. The Connecticut Compromise addressed which of the following issues at the Constitutional Convention?a. representation of the states in the legislative branch

b. slavery

c. imports and exports

d. political equality of individuals

e. the national debt

40. All of the following individual rights were protected in the Constitution BEFORE the Bill of Rights was added EXCEPT:a. prohibition of the suspension of the writ of habeas corpus

b. prohibition of cruel and unusual punishment

c. prohibition of bills of attainder

d. no title of nobility shall be granted

e. prohibition of ex post facto laws

41. With which of the following goals for government would the founders most likely disagree?a. controlling the tyranny of the majority

b. protecting private property

c. protecting political freedom

d. reconciling economic inequality with political freedom

e. ensuring economic equality

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42. In the original Constitution, which of the following elements of government was placed within direct control of the votes of the majority?a. the Senate

b. the presidency

c. the Supreme Court

d. the House of Representatives

e. the vice presidency

43. The Bill of Rights was added to the Constitution in 1791 largely becausea. most of the founders believed that individual rights were not adequately addressed at the convention

b. the southern states insisted that additional safeguards for individual rights were needed

c. the Anti-Federalist attacks were so strong that the founders feared the Constitution would not be ratified

d. the Federalist majority in the state legislatures proposed a strong argument for protection of enumerated rights

e. Alexander Hamilton lobbied the state legislatures of New York and New Hampshire until he convinced them to support a Bill of Rights

44. All but one of the 27 amendments to the Constitution have followed the amending process ofa. proposal by 2/3 vote in each house of Congress and ratification by special conventions called 3/4 of

the states

b. proposal by a national convention called by Congress and ratification by special conventions called in 3/4 of the states

c. proposal by 2/3 vote in each house of Congress and ratification by ¾ of the state legislatures

d. proposal by a national convention called by Congress and ratification by ¾ of the state legislatures

e. proposal by ¾ of the state legislature and ratification by 2/3 vote in each house of Congress

45. A federal system of government differs from a confederation in that in a federal systema. state governments are stronger than the central government

b. the central and state governments are more clearly distinct and separate

c. the state governments have no distinct and separate powers

d. the central government shares governing powers with constituent states

e. all policy making power is concentrated in a central government

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46. The Constitution Convention of 1787 included all of the following issues EXCEPT a. Those who wanted a significantly stronger government argued with those who wanted to retain

the Articles of Confederation.

b. Leaders from state with large populations argued with representatives from states with small population over the new form of Congress.

c. Leaders from Rhode Island refused to attend.

d. Localists feared the creation of a new dictatorship.

e. Virginia’s leaders initially wanted a parliamentary system.

47. The Federalist Papers were a. aimed at convincing readers that the Constitution would properly limit the powers of the new federal system

b. aimed at convincing the public that Jefferson and Adam would support the Constitution once they returned from Europe

c. not successful in keeping opportunities from demanding a Bill of Rights

d. key in swaying state votes in Virginia could organize itself

e. critical of how the new government could organize itself

48. Federalism originally meant thata. The national government would protect minimal rights in states.b. State governments would have relatively equal sets of rights.c. The national and state governments would protect similar rights.d. Layers of government could have unique forms of rights.e. States would join the union only if they adopted the Constitution.

49. All of the following are evidence of the original dominance of Congress EXCEPTa. Congress possessed the power to declare war.b. Congress had the power to borrow money on the credit of the United States.c. Congress had the power to check presidential appointments.d. Congress possessed the power to lay and collect taxes.e. Congress had the power to be the Commander and Chief of the US Army and Navy.

50. Which power was NOT included in the Constitution?a. The vice president’s position in two federal branchesb. Congress’s power to declare the punishment for treasonc. Congress’s power to filibuster bills to deathd. Congress’s power to suspend writs of habeas corpus e. Congress’s inability to tax products sold from states.

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51. Congress has all of the following powers EXCEPTa. The right to set salaries for themselvesb. The right to remove members of Congressc. The right to create a huge national debtd. The power to declare a law unconstitutionale. The right not to pay the military

52. Federalism in the US contains the idea that our two major forms of government are botha. Sovereignb. Republicsc. Electedd. Direct democraciese. Equal

53. In the early days of the republic, federalism was meant toa. Abolish slaveryb. Guarantee general equality of laws in the countryc. Protect the overall liberties of the nation and prevent the concentration of power in Washington

DC.d. Encourage voting by all eligible voterse. Strengthen the power of the national capital

54. One major goal of recent Republican administrations using devolution has been toa. Deregulate gun control laws. b. Increasing control of civil rights at the federal levelc. Return the administration of policies to the statesd. Return more tax authority to the federal governmente. Increase the funding for studying Charles Darwin.

55. Major shifts in the scope of federalism were caused bya. States failing to protect civil rightsb. The inability of capitalist economies to avoid major collapsesc. Conflicts between republics and totalitarian nations (WWII & Cold War)d. Changes in attitudes about the general rights of minoritiese. All of the above

56. After the Great Depression and the Civil Rights era, interstate commerce powers of Congress came to includea. The movement of goods and services only across state linesb. The movement of goods, but not of laborersc. The general movement of goods anywhere in the U.S.d. Activities related to economic trade across statese. Criminal acts inside states

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Answers to Unit Exam #1

Practice Exam #1

31. a32. c33. d34. a35. c36. e37. d38. b39. a40. b41. e42. d43. c44. c45. d46. e47. a48. d49. e50. c51. d52. a53. c54. c55. e56. d