Gov Ch 1-3

Chapters 1 to 3

a systemwith 2 or more levels of govt that have formal authoirty/ shared power between units of govt/ ppl subject to state and nat' gov

reduces conflict at natl level (theyre handeled at state levels) decentralizes politics (senators represent) political participation and contribute sto democracy (more levels of govt increase more pts of acess) decentralizes policies (start at state level & expermient there) enhances judicial review (judeges resolve) diversity (relfected in diff policies of diff states)

• Art 6 - supremecy clause (nat'l govt is supreme0
• Art 4 - state obligations (full faith & credit clause, extradition, privlages nad immunities)
• 10th amendment - powers not given to or denied to states are reserved for the ppl aka the states

• MuCulloh v. Maryland- the nat'l gov has certain implied powers not listed in constitution
• elastic clause - " cong pass all laws "necessary and proper"

1. Legislative 2. executive 3. judicial 4. Fed and state relationships 5. Formal Amendments process 6. General provisions 7. ratification

devolution of power / states develop programs independently / block grants & revenure sharing / make standards based on fed regulations / ex: Us v. Lopez cong cant regulate crryng of hand guns b/c texas had no law against it. establishes role of states in public policy

move from co-op to new federalsim / states are gaining control

Unfunded Mandates- force states to comply with laws with no financial help from federal gov’/ states spend funds to meet standards of fed gov/ (Clean Air Act (1970), American with Disabilities Act (1990), No Child Left Behind (2001)

• Underfunded Mandate- whennCongress extends a program that is administered by the states but only
• partially funds it

Supremacy Clause (Article 6)- establishes the treaties & laws of the federal government and Constitution as the supreme “law of the land” / about division of pwr / supreme law is : constitution, laws of nat'l gov't, & treaties. / fed triumphs state

Under Clinton, Ended federal entitlement status, Block Grants given to states instead b/c they wont just give it out to whoever (tight $), Recipients must work within 2 yrs, No beneits after 5 yrs

• mingled responsibilities & blurred distinctions between the levels
• “Marble Cake Federalism”- developed out of FDR’s “New Deal”(more fed programs) & lasted until Johnson’s “Great Society”(welfare, medicaid, medicare ) & results in increased growth of the federal government.
• Feds provide the money & states administer the programs
• States rely on Fed gov ex: Nat'l Def education act / education & highways

Says importance of Federalism / Fed established to secure an efficient central gov. / Unites common wealths, prevents tryannical gov/ local self-gov'ts act in interest of ppl & secures local affairs / states can experiment w laws (policies start at states, test if they work then go to nat'l level)

blurred distinctions / Co-op Fed / policies and powers are shared / responsilities intertwined / FDR New Deal - fed gov has right to regulate interstate commerce / FederalAid Highway Act ( fed-state project ) / education

• Art 4: Fed Gov must provide:
• Protection from domestic & foreign rebellion (including national disasters) / Guarantee a “Republican” Form of Gov’t ( representation )
• Territories can become states / Extradition: (Send u back to state u live in if crime is commited else where) / “…Full, Faith, & Credit..” Clause-requires states to honor all public acts, records & judicial proceedings of every other state

Provide proctection, keep public order, resolve conflict, provide public services, keep stable economy, socialize youth, protect propert.

quality of Educcation depends on state and states devote more resources to it than others / Diversity discourage states from providing serivices b/c poor ppl will be atrracted to state w higher benefits / Neg effect on democracy b/c local interests impede nat'l majority in policies / cast # of gov'ts difficult to know who is responsilble for certain functions

The pattern of taxing, spending, & providing grants / aims to divide the pie of federal money between state gov'ts / Grants-In-Aid: main instrument the fed gov’t uses for both aiding & influencing state gov’t in terms of policy. / revenue sharing goves money to states no strings attatched for programs that are shared responsibliity / Bush I&II Clinton Reagan reduced rev sharing b/c fed gov didnt have lot of $

Coin $ , conduct foreign relations , reg commerce among nation & states , provide army , delcare war , post offices, inferior courts to supreme court, make laws necesary

tax,borrow $ , establish courts , make laws , charter banks & corporations , spend $ for welfare , Take private properrt for public

make local gov'ts , reg commerce w/in state , conduct elections ,ratify amendments , take measure for public health , exert powes consitution doesnt prohibit

• requires each state to recognize official documents from other states
• DOMA defense of marriage act : states deal w marriage laws

Dua ( MuCulloch v Maryland said congres establish natl bank b/c elastic clause) > Co-op (new deal / highways) > Creative (Great Society, states super dependant)> Regulated (requres states to meet standards, fed determines policies, Am. w/ Disab. Act - requres ststaes to meet standards or else nomo $) > New/ Competietive Fed ( devolution )

• Pluralist Theory- groups with shared interests unite through organized efforts to influence public policies
• Elite/Class Theory- social divisions occuralong class lines and a small group of upper-class elites control government
• Hyperpluralism Theory- sheer amount of groups competing for influence ends up havingtremendous effect on governments ability to make public policy

Art 4

• Power to control interstate commerce
• Powerto tax
• Federalcourt system
• Easier amending process
• Federal system w/dominant central gov’t

State gov’t power/Weak central gov’t and unicameral congress /Represents first Constitution for U.S /Powers: Could borrow $ /Could create a national army & navy/ All 13 states required to amend articles/ One vote in Congress for each state /Legislation had to be passed by 2/3 vote / Delegates picked and paid for by state legislatures

"who gets what, when, and how" / political participation helps heath of gov / WHO:participants in the political system (individuals, groups, organizations) / WHAT: values (the advantages to meet their goals) / HOW: methods (lobbying, rallies, campains) / WHEN: "why they play the game"

People (their interests, concerns) > Linkage Institutions ( Transmit am. interests to policy makers : Patries, elections, media) > Policy Agenda (political issues of participants in poltics) > Policy making institutions (legislature- congress, executive- prez., courts) > Policy (laws regulations) > people ( ompacts of policies)

CAUSES: framers gaininy majority- elites got worried., economic turmpil (cheap currency to pay debts), Shays rebellion- attack courthouses to prevent forecolsing - congress couldnt stop rebellion )

•Pure Democracy- physically impossible, mistrust of popular passions of the people, wanted to create a republic with a system of representation

•Popular Rule is only one element of new gov’t- two kinds of majorities, amendment process, electors choose president, federalism system

• Connecticut Compromise: 2 houses in congress/ senate -2 from each state / House- representation based on population
• 3/5ths Compromise: for representation & taxation- slaves acounted for 3/5ths of a person
• Political equality: ppl who qualify to vote in state elections can vote in national elections/ states make qualifications

Articles of Confederation - eatablished nati'l legislature, CONTINENTAL CONGRESS, authority rested in states

• bulding strong economy rather than personal wealth/
• NO Pure Democracy- physically impossible, mistrust ppl / too many interests /wanted to create a republic with a system of representation

•Popular Rule is only one element of new gov’t- two kinds of majorities, amendment process, electors choose president, federalism system

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• James Madison: 3 branches of gov't would be independent so that one cant gain control of another, pwr is shred between institutions

• Jefferson, Patrick Henry, Monroe
• Strong State gov, weak central gov, deorect election of officials, shorter terms, rule by common man, individal liberties

Equality in voting , efective participation, enlightened understanding, citizen control of the agenda, inclusion

motivation for drafting constititution was to increase their personal wealth/ framers were eleites protecting their interest , concerned w property rights

Easier b/c you dont need congress's approval and more than 50% of pop

Executive Action- Allows the President to make decisions about how the job should be interpreted. Article II is most vaguely defined of the all the articles in Constitution

Technology - media plays role b/c influences ppl & increases power of prez.

Increasing demands of policy makers: demands for new policies b/c prez has more power

• Changes have taken place in government w/o changing a word
• 1) Judicial interpretation: Courts interpret & apply the Constitution by what they think it means(Marbury v. Madison Supreme C. can determine meaning of constitution/ Judicial Review is the Supreme C ability to declare acts from Congor the Pres unconstitutional )

2) Legislative Action- Congress passes laws to spell out or define several of Constitution that are unclear

3)Changing Political Practice: tradtions- Presidential Succession (25th amendment) / Presidents Cabinet / Presidential Terms (Not official til 22nd)/ Electoral College

• 1) Proposal: 2/3 vote in each House & Ratification: 3/4 State Legislatures (25 of 27)
• 2) Proposal: National Convention called by Congress at request of 2/3 of State Legislatures & Ratification: 3/4 of State Legislatures (Constitution)
• 3) Proposal: U.S. Congress & Ratification: State Conventions can ratify bya vote of 3/4 of the state Legislatures

• Too strong an Executive Branch
• Federal taxation power
• Diminished state power
• Term limits & election process
• Absence of a Bill of Rights

• Powers not delegated to national gov or denied to the states are reseverved fo r the states or the ppl
• Contributes to Federalism b/c gives states authority

• Popular Sovereignty- popular self rule
• Limited Government
• Separation of Powers
• Checks & Balances
• Federalism-system of gov’t where power is divided between federal & state levels

• Territory
• Population
• Sovereignty
• Governemnt

• framers wanted better and stronger nat'l gov't & fair & equal state rights
• Virginia Plan: Big states / representation in cong based on pop.
• New Jersey: Small states/ equal rep. in congress regardless of pop.
• Legistlative branch created executive & judicial branches and limit powers

• Protection from domestic & foreign rebellion (including national disasters)
• Guarantee a “Republican” Form of Gov’t
• Territories can become states
• Extradition / Privilages & immunities(states cant discrimate against citizens)
• Full, Faith, & Credit Clause- requires states to honor all public acts, records & judicial proceedings of every other state

• •No power to regulate commerce
• •No power to draft soldiers
• •No Executive Branch
• •No National Court SystemNo Foreign Policy or National Treaties

• Fed grants given to states automatically to support braod programs (communtity development & social sevices)
• Formed b/c ppl complained about all the "strings attached" to cat. grants
• states decied what to do w $

• main source of federal aid & can only be used for a specific category w/ specific criteria attached to them.
• A) Project Grants- are based on competitive applications by states & individuals (scientists, Universities)
• B) Formula Grants- based on specific formulas developed by Congress (population, income, Medicare, etc.)

• Constitutional gov’t- a system where formal and effective limits are placed on the powers of government
• Authoritarian gov’t- a system where no formal limits are recognized, but it is restrained by the power of other social institutions
• Totalitarian gov’t- a system with no formal limits on its power that seeks to absorb or eliminate other social institutions that might challenge it

• Autocracy- a single individual rules
• Oligarchy- a small group of individuals control most of the governing decisions
• Democracy- system that allows citizens direct or indirect participation in governmental decision-making

• requires: Government by consent, not prerogative derives authority from ppl/ ppl agree on rulers
• Direct grant of power, written constitution
• Human liberty before government
• Legislature is superior to executive

• Natural rights (life liberty & property) not dependent on gov
• their gov wasnt protecting them or acting in their interests
• War of Ideology, not Economics
• Real Revolution- would make authority legitimate and liberties secure

• No religious qualifications for holding public office (Art 6)
• Right to trial by jury (Art 3, Sec 2)
• Treason Rules & Evidence (Art 3, Sec 2)- only defined crime in Constitution. Conviction requires two witnesses or open confession
• No Ex Post Facto Laws (Art 1, Sec 9)-can’t criminalize actions that were once legal
• No Bills of Attainder (Art 1, Sec 9)-can’t convict someone for a crime without a trial
• No suspension of Habeas Corpus (Art 1, Sec 9)- legal petition to seek relief for unlawful detention

• Modern focuses on man before entering gov't and why they join and form one
• Classical ppl naturally join gov't , when ppl are in gov't

• Homer Arisotle Plato
• best of ppl come out in political associtation / Centers on issue of justice & what kind of state best realized particular human excellences/ promotes education

montesque: Spirit of LAW separation and balance of powers / combining executive, judicial,legislative = tyranny / main function of law is to produce justice)

• Hobbes: the Leviathan- state of nature is war & fear / 1st law of nature is peace
• 2nd law is give up certain rights to maintain peace 3rd law is social contract

Locke :Two Treatises of Government -NOT state of war/ everyone equal & soverenigty / Natural rights(Life, Liberty and Property ) / contract protects rights / gov't w limited power/ people have right to dissolve it

• Rousseau: The Social Contract - gov based on the right and equality of everyone
• Man is best in the state of nature /citizens voluntarily participate

Paine : common sense - reason over ignorance / Government is formed on two bases: reason & ignorance.