by: lillian chang, priya sharma, kathy wang, and amanda phan
Post on 25-Dec-2015
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By: Lillian Chang, Priya Sharma,
Kathy Wang, and Amanda Phan
Constitutional Underpinnings
• The federal government was weak
• Shay’s Rebellion exposed the weaknesses of the government
• Nation’s leaders called for a stronger central government
The Articles of Confederation
Weaknesses of the Federal Government
Could not draft soldiersCould not tax citizens- tax revenue was
dependent on state policiesNot able to control interstate tradeNo national currencyNeeded approval from 9 out of 13 states to
pass lawsNeeded unanimity to amend Articles
The Constitutional ConventionThe Framers met in Philadelphia 1787Stronger Central government was neededVirginia Plan vs. New Jersey Plan
The Great CompromiseBicameral Legislature:
House of RepresentativesSenate
Representation of SlavesThree Fifth Compromise
The ConstitutionA blueprint and guide for the structure of
governmentIs vague purposely The elastic clause allows Congress to “make
all laws” that appear “necessary and proper” Executive orders and agreementsJudicial Review
Enlightenment PhilosophersThomas Hobbes
Best way to protect life was to give power to an absolute monarch
John LockeLife, liberty and property were natural
rightsDuty of the government to protect rights
Charles de Montesquieu Three branches of government
Jean Jacques Rousseau Social Contract
GovernmentInstitution that creates and conducts public
policyMaintains legitimate authority and control
over society
Policymaking SystemLinkage institutions – serve to set political
agendaMediaPolitical partiesInterest groupsPolls
Elitist TheoryA small number of powerful elite form an
upper class, which rules in its own self-interest.
Pluralist TheoryInterest groups compete with each other for
power and control over public policyNo group or set of groups dominatesBargaining and compromise are essential to
democracy
Hyperpluralist TheoryToo many influential groups in democracyGovernment is often “pulled” in many
directions at the same timeCauses gridlock and ineffectiveness
power is separated between branches of government
each branch has its own powers and duties and is independent of and equal to the other branches
Separation of Powers
Each branch is subject to restraints by the other two branches
Checks and Balances
Congress (Senate and House of Representatives)
passes lawsBicameral Legislature Has checks over Executive BranchHas checks over Judicial Branch
Legislative Branch
President, Cabinet, White House Staffenforces lawsHas checks over Judicial BranchHas checks over Legislative Branch
Executive Branch
Supreme Court, lower courtsinterprets lawsHas checks over Legislative
BranchHas checks over Executive
Branch
Judiciary Branch
These clauses show the dominance of the national government over the states.
Supremacy ClauseNecessary and Proper ClauseCommerce Clause
Constitutional Clauses
McCulloch vs. MarylandGibbons vs. OdgenThese court cases deal with the issues of
Federalism
Court-Cases
Tenth Amendment: any powers not directly stated in the Constitution are reserved to the states.
From using the tenth amendment states can:Establish public schoolsProtect health and safety (police and fire)Regulating business Marriage laws
Powers granted to states
Concurrent power: ‘shared powers’ are levying and collecting taxes, creating courts, borrowing money, and having private property for public use.
Interstate compact: states can form relationships with each other, like how the federal government has treaties with other countries
Federal and State Powers
Full Faith and Credit ClauseExtraditionPrivileges and Immunities
Clause
Interstate relations
Dual federalism: layer-cake federalism Cooperative federalism: marble-cake
federalismCentralized federalism
Types of Federalism
Categorical GrantsMoney provided by the federal government to
the state and local governments Have a specific purpose defined by lawProject grantsFormula grants
Block GrantsGeneralCan be used for a variety of purposes within a
broad categoryPreferred by states over categorical grants
MandatesRequirements imposed by the federal
government on the state and local governments
American with Disabilities Act (1990)Often no federal funding (unfunded
mandates)
Increases possibilities of political participation or greater access to the political process
Innovation to handle policy questionsGives interest groups a strong political voice Encourages diversity on many policy
questions
Advantages of Federalism
Fragmentation of politics, because of the many levels of agencies which make the process too complicated.
Basic inequity in the federal systemStrong state and local groups can obstruct
and delay putting in national policy
Disadvantages of Federalism
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