chapter 4 & 5 notes

62
CHAPTER 4: Federali sm

Upload: bethanyroisland

Post on 12-Feb-2017

278 views

Category:

Education


0 download

TRANSCRIPT

Chapter 4:

Chapter 4:Federalism

Crash Course History---Federalismstart around 8:00 min. if short on time1

Federalism: division of powerFederalism: a system of government where powers are divided between national and state governmentsFederalism allows local action in matters of local concern, and national action in matters of wider concern. It also sets up a division of powers between national and state governments.

Identify National/State PowersExpressed/enumerated power: power given to the National Government by the ConstitutionEx: lay/collect taxes, to coin money, to regulate foreign, interstate commerce, to raise and maintain armed forces, and more.

Identify National/State PowersImplied powers: implied or suggested powersNecessary and Proper Clause (i.e. regulation of labor-management relations and building of hydroelectric power dams.

Identify National/State PowersInherent powers: powers that belong to the national government because it is the government of a sovereign state within the world community Include regulation of immigration because it is suggested by the expressed power to regulate foreign trade.

Have Students Copy this chart!6

Identify National/State PowersReserved powers which are not granted to the National government nor denied to the States.

States can forbid marriage under 18 without parental consent or prohibit alcohol sales to those under 21.

However, no state can enter into a treaty, alliance, or confederation. States cannot print or coin money or deprive a person of life, liberty, or property without due process of law.

Funny State Laws!8

Exclusive/Concurrent PowersExclusive powers are given to the National government alone and cannot be exercised by the states. Example: making of money, making of treaties, and laying duties on imports.

Concurrent powers are shared by both the National and state governments. Such powers include the levying of taxes, defining crimes and setting punishments, and condemning private property for public use.

CAREFUL! Enumerated powers are expressed powers not exclusiveFEDERALISM VENN DIAGRAM worksheet10

Local governments in federalism:Local government can provide services, regulate activities, collect taxes, and do many other things. However, it can only do these things because the state has given it the power to do so.

When local governments exercise their power, they are actually exercising State powers.

Every state has a unitary form of government a central government that creates local units of government for its own convenience.

Constitutional functions in the law of the land:

The Constitution stands above all other forms of law in the United States. Acts of Congress and treaties stand immediately under it.

The Supremacy Clause joins the national government and the states into a single governmental unit, a federal government.

The Supreme Court acts as an umpire in the federal system. It applies the Supremacy Clause to the conflicts involving the state and federal governments.

McCulloch v. Maryland helped to preserve the federal system in the debate of the establishment of a national bank.

State Levels of Power Activity (the ones that model the Supremacy Clause)12

State Power: Got a Reservation Activity13

Obligations of the Nation:The National Government must guarantee to every State in this Union a Republican Form of Government. Or a representative form of government.

The National Government must also provide protection for each State against invasion and internal disorder.

The National Government is also constitutionally bound to respect the territorial integrity of each of the States.

Admitting New States

Only Congress has the power to admit new states into the Union.To make a new state:1. To be admitted, an area must request statehood. 2. Then Congress can pass an enabling act to have the people frame a Constitution. After a Constitution is approved by the area, it is sent to Congress. Then an act of admission (creating a state) may be passed.

Congress can set conditions before a state is admitted (i.e. Utah had to outlaw polygamy (having more than one spouse at a time).

Should Puerto Rico become a state?

Puerto Rico hasnt been admitted as a state yet because they held a island wide referendum and the vote was in favor of joining the U.S., but many people left the questions blank causing Congress to strike it down due to its unclear results16

Areas of Cooperative Federalism Grants-in-aid programs: grant federal money or other resources to the states. These grants often help them perform everyday activities.

Congress can also give an annual share of the huge federal tax revenue to the states known as revenue sharing.Your federal taxes are given to the states to use as they please.

There are three types of federal grants:1. Categorical grants are made for some specific, closely defined purpose (i.e. school lunches or airport construction).2. Block grants are made for much more broader defined purposes, such as health care, social services, or welfare.3. Project grants are grants made to states, localities, or private agencies that apply for them (i.e. for scientific research on cancer).

School Lunch Programs:

3.25 x 18=$58.50 (Cost of lunch x days in school per month)3.25 x 180= $585 per school year18

Interstate compacts

Interstate compacts: an agreement with foreign statesHas to be done with the permission of Congress

All 50 States have entered into the Compact for the Supervision of Parolees and Probationers and the Compact on Juveniles, allowing them to share important law-enforcement data.

Other compacts subjects include coordination for the development of such resources as fish, wildlife, water, and oil; prevention of forest fires; combat pollution; provision for tax collections; promotion of motor vehicle safety; and much more.

Extradition

Extradition is the legal process by which a fugitive from justice in one State is returned to that State. This was designed to prevent a person from escaping justice by fleeing a State.Ex: Dru Sjodin case--ND

In Kentucky v. Dennison, the Supreme Court said that the federal government cannot order a governor to return in a fugitive. (1861)

In Puerto Rico v. Branstad, the Supreme Court overturned their previous ruling and state that the government can indeed order a government to extradite a fugitive. (Overturned Kentucky v. Dennison in 1987)

Racial inequality cases and custody cases are the most touchy20

Extradition

Privileges and Immunities Clause

The Privileges and Immunities Clause means that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.

Each state must recognize the right of any American to travel in or become a resident of that state.

However, a state can require a person to live within the state for some time before he or she can vote or hold public office (reasonable distinction).

Tuition Rates at State Universities:

Political Parties:Chapter 5

What Do Parties Do?Nominate candidates for office and work to help their candidates winInform and activate supportersCampaigning, take stands on issues, criticize opponents, advertisementsBonding Agents Make sure candidates are qualified and perform well in office

Link leads to a list of the 2016 presidential candidates25

What do parties do?GoverningPartisanship: govern on basis of support of party and its political stands Acts as WatchdogParty out of power criticizes the party in power (the party controlling the executive branch)

TraditionThe framers didnt want political parties but they were first formed with the Federalists and the Anti-Federalists The nation has always had a two-party system, and it will continue to have one because Americans accept it

The Electoral System and the Two-party SystemAmerican election law is written to discourage minor partiesRepublicans and Democrats work together to preserve the two-party system: bipartisan politics

The Electoral system:Single- Member districts: contests where only one candidate is elected to each office Winner Take All Elections:Plurality: the largest number of votes cast for the officeWe either vote for the person that is of the same party in office, or we vote for the person we think has the best chance to replace them

American Ideological ConsensusOver time, Americans have come to share many of the same ideals, principles, and patterns of beliefThis causes American society and politics to simply not permit more that two major partiesThis also causes the two major parties to be very much alike, both trying to go down the middle to get the most votes

Multiparty SystemsMany European democracies:Consists of several major and many lesser partiesVarious parties are based on particular interestsEconomic class, religion, etc.Makes for a broader and more diverse representationCoalition: the power to govern to be shared by many parties

The UN is often an example of a coalition for various things34

One-Party (NO Party) SystemsDictatorships: only one party is allowed

1/3 of states still have a modified one-party system in which on major party always wins

Party Membership PatternsBeing a member of a party is voluntaryEach party comprised of a cross section of the nations populationAfrican Americans, Catholics, Jews, and union members tend to be more DemocraticWhite males, Protestants, and the business community tend to be more RepublicanDecide which party by: family, major events, economic status, age, education, and job

Isidewith.com ---lets students take a quiz to decide which candidate best matches up with their beliefs36

The Two-Party System in American History

The nations first partiesFederalists:Alexander HamiltonRich and well-bornWanted a stronger national governmentWanted a liberal interpretation of the Constitution

The nations first parties

Anti-Federalists

Thomas JeffersonSympathetic to the common manWanted a limited federal governmentWanted a strict interpretation of the Constitution

The Four Major Eras:Era of the Democrats, 1800-1860Started with Jefferson in 1800The were unopposed until the 1820s when the party split into factionsThe Whig party led by Henry Clay were the major opponents until the Civil WarDuring the Democratic Era:Voting for white males was establishedHuge increase in the number of elected officesSpread of the spoils system

The Four Major Eras:Era of the Republicans, 1860-1932Started with Abraham Lincoln in 1860After the Civil War, the Democrats only hold was the Solid SouthIn 1912 Republicans nominated Taft and not Theodore Roosevelt so he went to the Progressive Party and the vote was split so Democrat Woodrow Wilson wonThe GOP regained its ground winning the next 3 electionsDuring the Republican Era:Voting for African AmericansVoting for Women

The Four Major Eras:Return of the Democrats, 1932-1968During the Great Depression people voted Democrat FDRFDRs New Deal strengthened the Democratic Party and got them the support of the African American communityFDR won 3 terms until his death Eisenhower won for the Republicans from 1952-56JFK regained the Presidency for the Democrats in 1960During the Return of the Democrats:People want government to have a role in the nations economic and social lifeDeveloped welfare programsBrought African Americans and other minorities to the Democratic side

If needed: Great Depression Activity44

The Four Major Eras:Start of a New Era, 1968-PresentThe Republicans regained power in 1968 with Nixon until the Watergate Scandal in 1974In 1976 Jimmy Carter won for the Democrats after the Watergate Scandal and pardon of Nixon hurt Gerald FordRepublicans won again in 1980 & 84 with Reagan and held it with George Bush in 1988Democrats won in 1992 & 96 with ClintonRepublicans got it back in 2000 & 04 with George W. BushDemocrats took control with Barack Obama in 2008

The Minor Parties:

Ideological PartiesIdeological Parties: Based on a particular set of beliefsMany built on Marxist thoughtSocialist, Socialist Labor, Socialist Worker, and Communist partiesLibertarian PartyEmphasizes individualismIdeological Parties seldom win many votes

Single-Issue PartiesSingle-Issue Parties: Focus on only one public-policy matterFree Soil PartyOpposed the spread of slavery in 1840-50sAmerican Party (Know Nothings)Opposed Irish-Catholic immigration in the1850sRight to Life PartyOpposes abortion todayMost die away as events have passed them by

Economic Protest PartiesEconomic Protest Parties: created in periods of economic disasterNo clear-cut ideological baseProclaim their disgust for the major partiesGreenback Party, 1876-1884Populist Party of the 1890sDisappear as the nation climbs out ofdifficult economic periods

Splinter PartiesSplinter Parties: Have split away from one of the major partiesTheodore Roosevelts Bull Moose Party of 1912Most form around a person who failed to win the major partys nomination

Green PartyFounded in 1996Began as a single-issue party concerned about the environment, but has evolved to concerns about other areasCame to prominence in 2000 with Ralph Nader as its nomineeNaders campaign built around:Environmental protection, universal health care, gay and lesbian rights, restraints on corporate power, etc.

Why Minor Parties Are ImportantA strong third-party can play a spoiler role pulling votes from one of the major partiesTake clear-cut stands on controversial issues and draw attention to issues the major parties ignore

Decentralized Nature of the PartiesRole of PresidencyParty leaderUses media and power to make appointments and other favors to his partyImpact of FederalismGoal of parties is to gain control of government by winning elective votesRole of the Nominating ProcessNominations made within the party, and that can lead to fighting among party members

National Party MachineryNational ConventionSummer of election year to nominateAdopt the partys rules and write the platformNational CommitteeHandle the partys affairs between national conventionsNational ChairpersonLeader of the national committeeFour year termCongressional Campaign CommitteesWork to reelect incumbents and unseat incumbents of the other partyTwo year term (In Congress)

State and Local Party MachineryState OrganizationState central committee, headed by a State ChairpersonWork to further the partys interests in the StateLocal OrganizationFollow the electoral map of the State with a party unit for each districtMostly work only in months before the election

Three Components of the Party1. The Party OrganizationPartys leaders, activists and hangers-on 2. The Party in the ElectoratePartys loyalists who vote the straight party ticket3. The Party in GovernmentPartys officeholders in executive, legislated, and judicial branches of the government

Future of the Major PartiesPolitical parties have been in a period of decline since the 1960s:Drop in the number of voters identified as Democrats or RepublicansIncrease in split-ticket votingMaking parties more open but having more internal conflict and disorganizationTechnology of campaigning for office: use of TV and internetGrowth of single-issue organizations