Chapters: “Constitution” and “Federalism

 British “Obstructionism”  Abrupt Taxation  Crystallizes emerging philosophies  Enlightenment Influences (John Locke)  Natural Rights cannot be infringed on  Life, Liberty, Property  Government by consent rather than decree  Declaration of Independence  Restatement of Locke’s principles  Listed 27 specific abuses by Britain

 Structure and Power  Unicameral Legislature  Each state had one vote  9 of 13 for passage of law  Powerless Executive and No Judicial  Unanimous Consent for Amendment  Key Weaknesses  No power to tax, had to request from states  No power to regulate commerce, no national economy  No court system to deal with conflict between states  No money to fund military  Shay’s Rebellion  Reveals weaknesses of Articles

 Issues Dealt With  Representation ▪ Virginia Plan ▪ New Jersey Plan ▪ Compromise  Slavery ▪ 3/5 Compromise  Voting (left to states)  Key Concepts (Madison)  Separation of Power  Checks and Balances  Limits on Majority Power  Federalism

 Technically Illegal  Federalists vs. Antifederalists  Federalists (Strong National Gov/Pro-Constitution  Antifederalists (State’s Rights/Anti-Constitution  The Federalist Papers  Federalist 10: Danger of factions, virtue of republic  Federalist 51: Separation of Powers to control factions  Bill of Rights  Antifederalists pushed for one, added after ratification  Ratification  Special Conventions

 Formal  Informal  Judicial Interpretation  Political Practices (Parties for example) ProposalRatification 2/3 vote of both Houses of Congress¾ vote of State Legislatures National Convention called by Congress at the request of 2/3 of state legislatures State Conventions ratify in ¾ of the states.

 Federalism  A political system in which power is shared between local/regional governments (states) and a national government  Continues due to  Commitment to local government  Congress being elected by local constituency  Clear Advantage  Increase participation and activity

 Based on 10 th Amendment  Federal and State Relationships  No state can make treaties  No state can coin money  Elastic Clause muddies the waters  Decided by Supreme Court  State to State relationships  “Full Faith and Credit Clause”  “Privileges and immunities”  Extradition

 Dual Federalism (Layer Cake)  Early interpretation which held the States had powers in some areas and the federal in others but they did not overlap  Cooperative Federalism (Marble Cake)  More recent interpretation (1930s on) that hold the Federal and State governments both have power and responsibilities in certain areas. Leads to federal solutions implemented through the state’s apparatus.

 1919 McCulloch v. Maryland  Implied Powers  Federal Supremacy  1924 Gibbons v. Ogden  Court defines commerce broadly, increasing Federal power  Nullification and the Civil War  Loss of distinction between Interstate and Intrastate commerce  Devolution  1995 United States v. Lopez ▪ Restricts commerce clause  Medicaid and Medicare debate

 Grants-In-Aid  Categorical Grants ▪ Grants for specific purposes. Often require matching funds. Have many conditions of aid.  Block Grants ▪ Grants for general purposes. Have little to no conditions of aid.  Stronger lobby for Categorical Grants

 Two Types of Federal Control over States  Conditions of Aid ▪ What states must do to get grant money  Mandates ▪ Regulations and Requirements State must meet (Environmental and Civil Rights mostly) ▪ Often vague, left up to Federal Gov to define ▪ Unfunded Mandates: Requirements given to states without providing funding to meet.

Amendment Process Antifederalists Bicameral Bill of Rights Checks and Balances Constitution Declaration of Independence Factions Federalism

 Federalist Papers  Federalists  Great Compromise  Judicial Review  Natural Rights  New Jersey Plan  Ratification  Republic  Separation of Powers

 Shay’s Rebellion  Virginia Plan  Unalienable  Unicameral  Block Grants  Categorical Grants  Conditions of Aid  Cooperative Federalism  Devolution

 Dual Federalism  Extradition  Federalism  Federal System  Full Faith and Credit  Gibbons v. Ogden  Grants in aid  Initiative  Mandates

 Mc.Culloch v. Maryland  Nullification  Privileges and Immunities  Referendum  Unfunded  Unitary System