1. The Constitution, Federalism, Civil Rights and Civil liberties.
Chapters 2 & 3
A.P. U.S. Government Fluharty’s Class

2. The Constitution It’s basic definition: A nation’s basic law.
It creates political institutions, allocates power within the government, and often provides guarantees to citizens.
It is the supreme law of the United States of America. The first three Articles of the Constitution establish the rules and separate powers of the three branches of the federal government: a legislature, the bicameral Congress; an executive branch led by the President; and a federal judiciary headed by the Supreme Court. The last four Articles frame the principle of federalism. The Tenth Amendment confirms its federal characteristics.
The constitution sets rules that are never neutral.
Meaning that some participants and policy options are given some advantage over others in the policymaking process.

3. The origins of the constitution
The attempt to overthrow a government forcibly is a serious and unusual act.
The Road to Revolution:
In order to raise revenue for colonial administration and defense, the British legislature passed a series of taxes.
Colonist resented the taxes, starting protests and boycotting taxed goods.
The Colonist responded to Britain's wrong doings by forming the First Continental Congress in 1774.

4. Origins of the constitution cont.
Declaring Independence:
Talk of independence was common among the
delegates of the Continental Congress.
Richard Henry Lee enforced “that these United States are and of right ought to be free and independent states”.
On July 2, Lee’s motion to declare independence from England was approved, causing the Declaration of Independence to be adopted two days later on July 4.
The Declaration of Independence:
Written primarily by Jefferson
The document, which was approved by representatives
of the American colonies in 1776, that stated the
grievances against the British monarch and declared
independence.

5. Origins of the constitution cont.
Ancient Greeks and Romans (Tried Democracy before)
English Bill of Rights
English Bill of Rights: extended the list of actions requiring Parliamentary approval. Under the provisions of the Bill, the monarchs could not keep a standing army during peacetime and could not change or abolish laws. The Bill also provided that people had the right to petition the king without fear of reprisal and the right to a fair trial.
Parliament (Gave us an example of a working government to model after)
Magna Carta (1215) Guaranteed the nobility certain rights such as trial by jury, due process of the law, and protections against the taking of life, liberty or property for arbitrary reasons.
The Magna Carta marks two significant steps toward democracy:
1. It challenged the idea that monarchs had absolute power.
2. It gave people rights.

6. Origins of the constitution cont.
The English Heritage: The Power of Ideas
John Locke was one of the most influential philosophers
read by the colonists. (Two Treatises of Government)
Locke built his philosophy on the belief of natural rights.
The rights inherent in human beings.
The right to life, liberty, and property (altered by Jefferson to “life, liberty, and the pursuit of happiness”).
Locke argued that government should be built on the consent of the governed and should be a limited government.
In other words, the people must agree on who their rulers will be and there must be clear restrictions on what rulers can do.
The “Conservative” Revolution
It’s primary goal was to restore rights the colonists felt were already theirs.

7. A limited government Locke emphasized two limitations on government:
The government must provide standing laws so that people know in advance whether their acts will be acceptable.
“The supreme power cannot take from any man any part of his property without his consent”.
To Locke, “the preservation of property was the end of government”.
According to Locke, people have the right to revolt against a government that no longer has their consent.
This concept was adopted by the Declaration of Independence, declaring that “governments long established should not be changed for light and transient causes”. But when matters went beyond “patient sufferance”, severing these ties was not only inevitable but also necessary.

8. Locke and the declaration of independence: some parallels
John Locke
The Declaration of Independence
Natural Rights:
“The state of nature has a law to govern it”
“life, liberty, and property”
“Laws of Nature and Nature’s God”
“life, liberty, and the pursuit of happiness”
Purpose of Government:
“to preserve himself, his liberty, and property”
“to secure these rights”
Equality:
“men being by nature all free, equal, and independent”
“all men are created equal”
Consent of the Governed:
“for when any number of men have, by the consent of every individual, made a community, with a power to act as one body, which is only by the will and determination of the majority”
“Governments are instituted among men, deriving their just powers from the consent of the governed.”
Limited Government:
“Absolute arbitrary power, or governing without settled laws, can neither of them consist with the ends of society and government.”
“As usurpation is the exercise of power which another has a right to, so tyranny is the exercise of power beyond right, which nobody can have a right to.”
“The history of the present King of Great Britain is a history of repeated injuries and usurpations”.
Right to Revolt:
“The people shall be the judge…Oppression raises ferments and makes men struggle to cast of an uneasy and tyrannical yoke.”
“Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes…But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government.”

9. Jean-Jacques Rousseau
The Social Contract Theory:
Man is born free, and everywhere he is in chains.
The Sovereign, having no force other than the legislative power, acts only by means of the laws; and the laws being solely the authentic acts of the general will, the Sovereign cannot act save when the people is assembled.
Every law the people have not ratified in person is null and void — is, in fact, not a law.
The legislative power belongs to the people, and can belong to it alone.

10. The government that failed: 1776-1787
The Articles of Confederation:
The nation’s first government
Adopted by Congress in 1777 and enacted in 1781
The Articles established a government dominated by the states because the founders feared government and its powers.
The Articles established a national legislature with one house; states could send up to seven delegates or as few as two, but each state had only one vote.
There was no president and no national court, and the powers of the national legislature- the Congress- were limited.

11. The government that failed: 1776-1787
Most authority rested with the state legislatures because the new nation’s leaders feared a strong central government would become as tyrannical as British rule.
Even after the ratification of the Articles, Congress was plagued with problems:
Congress had few powers outside maintaining an army and navy.
Congress had to request money from the states because it had no power to tax. If states refused, Congress did without. In the end Congress voted to disband the army, despite continuous threats from Britain and Spain.
Congress lacked the power to regulate commerce.
Took 9 states to agree to a new law which was difficult.
In general, the weak and ineffective national government could take little independent action.

12. THE GOVERNMENT THAT FAILED: 1776-1787
Changes in the States:
The most important change was a dramatic increase in democracy and liberty.
Many states adopted bills of rights.
An expansion in political participation brought a new middle class to power, power shifted from a handful of wealthy individuals to a more broad-based group including farmers and other less wealthy groups.
Structure of government in the states became more responsive to the people.
The idea of equality became very popular.
Economic Turmoil:
A few states, notably Rhode Island, demonstrated their support of debtors, passing policies favoring them over creditors.
States printed their own paper money, which was worthless.

13. The Government that Failed

14. The government that failed: 1776-1787
Shays’ Rebellion:
Many lost their land due to creditors
Led by Daniel Shays, Shays’ Rebellion was a series of attacks on courthouses to prevent judges from foreclosing on farms.
The Aborted Annapolis Meeting:
September 1786, leaders assembled in Annapolis to discuss the problems with the Articles of Confederation and suggest solutions.
Five states were present, meaning there were twelve delegates.
Called for a further meeting to continue discussing the changes in May 1787.

15. Constitutional Remedies
Weaknesses of the Articles of Confederation
How the Constitution fixed it
Articles created a “league of friendships” between the states.
The Constitution created a federal system of government between the national and state governments
Congress could not tax. It could only request contributions from the states.
National government was given the power to tax.
Congress could not regulate interstate trade or foreign commerce.
Congress was given the power to regulate commerce between the states and with foreign nations.
No separate executive to enforce the acts of Congress.
Article II created a separate executive department whose job is to enforce the laws of Congress.
No national judiciary to handle state disputes.
Article III created a national judiciary with a Supreme Court and lower courts as established by Congress.
States and the national government had authority to coin money.
Only the national government can coin money.
Each state had only one vote, regardless of size of the state.
States are represented based on population in the House of Representatives and equality in the Senate.
Nine of the thirteen states required to pass legislation
Bills need a simple majority in both of the houses in Congress.
Unanimous consent required to amend the Articles of Confederation.
2/3 of Congress and ¾ of the states are necessary to amend the Constitution.

16. Making a constitution: the Philadelphia convention
Representatives from twelve states came to
Philadelphia; Rhode Island refused to send
delegates and Virginia, fearing a centralization
of power, did not attend.
The U.S. Constitution was written in 1787 and ratified in 1788, replacing the Articles of Confederation. (Forced to since Rhode Island did no show up)
Philosophy into Action:
The 55 men all agreed on the questions of:
Human Nature (Government should play a key role in containing the natural self-interest of people and believed in the writings (Leviathan) of Thomas Hobbes)
Political conflict (Government s that are run by factions are prone to instability, tyranny, and possibly violence. There for the effects of factions had to be checked)
Objects of government (“The preservation of property is the end of government”)
Nature of government (A complex network of checks and balances and separation of powers would be required for a balanced government)

17. The agenda in Philadelphia
The Equality Issues:
The Declaration of Independence states that all men are created equal; the Constitution however, is silent on equality.
Three issues occupied the policy agenda in Philadelphia:
Equal representation
The New Jersey Plan called for each state to be equally represented in the new Congress. Drafted by William Paterson.
The opposing strategy was the Virginia Plan, which called for giving each state representation in Congress based on the state’s population. Drafted by James Madison.
Conflict resolved with the Connecticut Compromise, which created two houses in Congress: the Senate and the House of Representatives. The Senate would have 2 members from each state and the House would have representation based on population. Drafted by Roger Sherman.
Slavery (Outlawed importation of slaves in 1808; 3/5th Compromise, where every five slaves would count as 3 people)
Political Equality (Should the right to vote be based on universal manhood suffrage or should it be very restricted?)

18. The agenda in Philadelphia
Taking Ideas from both plans
Virginia Plan
New Jersey Plan
Bicameral legislature
Lower house elected by the people
Upper house chosen by lower house from the nominations submitted by state legislatures.
Unicameral legislature
Representatives chosen by state legislatures.
Each state receives one vote
Representation in each house based on population and/or monetary contributions to the National government by the state.
Representation in the house would be equal among the states
Single executive chosen by legislative branch, limited to one term only, could veto legislative acts, removed by Congress.
Plural executive chosen by legislative branch, no veto powers, removal by the states.
Judges chosen by legislative branch
Judges appointed for life by the executive

19. The agenda in Philadelphia cont.
The Economic Issues:
The states established tariffs against products from other states
Paper money was worthless
Congress was having trouble raising money because the economy was in a recession
All the delegates believed a strong national government was needed to bring economic stability to the union of states that existed under the Articles of Confederation.
Solutions:
The delegates made sure that the Constitution clearly spelled out the economic powers of Congress.
Prohibitions were put on the states.

20. Economics in the constitution
Powers of Congress:
Levy taxes Punish piracy
Pay debts Punish counterfeiting
Borrow Money Create standard weights and measures
Coin money and regulate its value Establish post offices and post roads
Regulate interstate and foreign commerce Protect copyrights and patents
Establish uniform laws of bankruptcy
Prohibitions on the States:
States cannot pass laws impairing the obligations of contract.
States cannot coin money or issue paper money.
States cannot require payment of debts in paper money.
States cannot tax imports or exports from abroad or from other states.
States cannot free runaway slaves from other states (now defunct).
Other Key Provisions:
The new government assumes the national debt contracted under that Articles of Confederation.
The Constitution guarantees a republican form of government.
The states must respect civil court judgments and contracts made in other states.

21. The agenda in Philadelphia cont.
The Individual Rights Issues:
Most of the delegates believed that the various states were
already doing a sufficient job of protecting individual rights.
The Constitution says very little about personal freedoms.
The protections it does offer are:
It prohibits suspension of the writ of habeas corpus (a court order requiring jailers to explain to a judge why they are holding a prisoner custody).
It prohibits Congress and the states from passing bills of attainder (which punishes people without a judicial trial).
It prohibits Congress and the states from passing ex post facto laws.
It prohibits the imposition of religious qualifications for holding office in the national government .
It defines strict rules of evidence for conviction of treason.
It upholds the right to trial by jury in criminal cases.

22. The madisonian model
To prevent the possibility of a tyranny of the majority, James Madison proposed the following:
Popular Sovereignty
establishes that all power rests with the people, and that the people have given the government its power through the Constitution. The government can only function with the consent of the people.
Limiting Majority Control
Madison believed that most governmental power had to be kept away from the majority.
Separating Powers
Each of the three branches of government –Executive, Legislative, and Judicial –would be independent of one another so that no single branch could control the others.
Power was shared among the three institutions.
Creating Checks and Balances
Reflected Madison’s goal of setting power against power to constrain government actions.
Favors the status quo.
Establishing a Federal System
Divided the power of government between a national government and the individual states.

23. The Madisonian Model

24. The Madisonian Model

25. The madisonian model cont.
The Constitutional Republic:
The delegates established a republic, a form of government in which the people select representatives to govern them and make laws.
Favors the status quo- change is slow
The End of the Beginning:
Ten states voted yes on the Constitution, and none voted no.
South Carolina’s delegates were divided.
The document had been approved, the next step was ratification.

26. Ratifying the constitution
The Constitution required nine out of the thirteen states approval before it could be implemented.
Federalist and Anti-Federalists:
The Federalists supported the Constitution
The Anti-Federalists opposed the Constitution
In praise of the Constitution, James Madison, Alexander Hamilton, and John Jay wrote a series of 85 articles under that name “Publius”. These articles were known as the Federalist Papers.
The Anti-Federalists believed that the new government was an enemy of freedom.
An objection central to the Anti-Federalists’ attacks: The new Constitution was a class-based document.

27. Federalists vs. anti-federalists
Favored the Constitution as written
Opposed the Constitution as written
Led by James Madison, Alexander Hamilton, John Jay
Led by Patrick Henry, Richard Henry Lee, George Mason and Samuel Adams
Stressed weaknesses of Articles; strong government needed to protect the nation and solve domestic problems
Wanted strong state governments; feared a strong national government. Fear was they would be “distant” from the problems
Checks and balances would protect against abuses.
Fear it Created a strong executive similar to monarchy
Protection of property rights
Wanted fewer limits on popular participation. (more people in the government process)
Constitution is a bill of rights with limitations and reserved powers for the states; state constitutions already had protections like the bill of rights.
Wanted a bill of rights to protect citizens against government.
Favored Federal Taxes to pay for funding the government.
Federal power to tax was a dangerous control over citizens and states.
Citizens would control the House and state government would control the Senate.
No limits on what laws the legislative branch could make.
This new, single executive held powers that were all checked at almost every level.

28. Federalists vs. anti-federalists
Federalists 9 & 10: This essay addresses how and why to guard against the rise of factions. Also predicted the rise of interest groups and partisan politics. Federalists 78: Advantages and need to have the judicial branch. (Supreme Court)
Federalists 46: 2nd Amendment advantages of America
Federalists 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments
Alexander Hamilton
Patrick Henry
James Madison

29. Ratifying the constitution cont.
To allay the fears of the Anti-Federalists that the Constitution would restrict personal freedoms, the Federalist promised to add amendments to the document specifically protecting individual liberties.
Madison introduced twelve during the First Congress in 1789.
Ten were ratified by the states and took effect in 1791.
These first ten amendments were known as the Bill of Rights.
Ratification:
Delaware was the first to approve of the Constitution on December 7, 1787.
Only six months passed before New Hampshire’s approval (the ninth) made the Constitution official.

30. The Constitution The Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Articles of the Constitution:
Article I Legislative Branch Article V Amending the Constitution
Article II Executive Branch Article VI Debts, Supremacy of the
Article III Judicial Branch Constitution & Oaths
Article IV Interstate Relations Article VII Ratifying

31. The bill of rights Protection of Free Expression Amendment 1:
Freedom of speech, press, and assembly
Freedom to petition government
Protection of Personal Beliefs
No government establishment of religion
Freedom to exercise religion
Protection of Privacy
Amendment 3:
Amendment 4:
No forced quartering of troops in homes during peacetime
No unreasonable searches and seizures
Protection of Defendants’ Rights
Amendment 5:
Amendment 6:
Amendment 7:
Amendment 8:
Grand jury indictment required for prosecution of serious crime; No second prosecution for the same offense; No compulsion to testify against oneself ; No loss of life, liberty, or property without due process of law.
Right to a speedy and public trial by a local, impartial jury; Right to be informed of charges against oneself; Right to a legal counsel; Right to compel the attendance of favorable witnesses.
Right to jury trial in civil suit where the value of controversy exceeds $20.
No excessive bail or fines and no cruel and unusual punishments.
Protection of Other Rights
Amendment 2:
Amendment 9:
Amendment 10:
Right to bear arms.
No taking of private property for public use without just compensation.
Unlisted rights are not necessarily denied.
Powers not delegated to the national government or denied to the states are reserved to the states or the people.

32. Constitutional change
The Formal Amending Process:
Article V (5) of the Constitution outlines procedures for formal amendment.
There are two stages to the amendment process-proposal and ratification- and each stage has two possible avenues.
An amendment may be proposed either by a 2/3rds vote in each house of Congress or by a national convention called by Congress at the request of 2/3rds of the state legislatures.
An amendment may be ratified either by the legislatures of 3/4ths of the states (38) or by special state conventions called in 3/4ths of the states.
The President has no formal role in amending the Constitution, although he may influence the success of proposed amendments.
Some amendments have been proposed but not ratified…
Such as the Equal Rights Amendments
Passed by Congress in 1972 however it failed to acquire the necessary support from 3/4ths of the state legislatures.

33. Constitutional Change

34. Amendments
Since the Bill of Rights the Constitution has only been amended 17 more times.
13th Freedom for enslaved African Americans
14th Equal protection and due process
15th Voting rights for all men (race not a qualifier)
17th Direct voting for Senators.
19th Women’s suffrage
26th Voting age lowered to 18
Video of all 27
List of some of them above

35. Constitutional change cont.
The Informal Process of Constitutional Change:
The Constitution changes informally as well as formally through:
Judicial Interpretation (Judicial Review, which is the power of the courts to determine whether acts of Congress are constitutional was established by Marbury v. Madison)
Political Practice (Current political practices change the Constitution- shaping it and giving it new meaning) Also called Customs and usage: Traditions created; Senatorial courtesy as an example.
Legislative actions: Congress has passed various acts that have altered are made clear the meaning of the Constitution: Example Judiciary Act of 1789.
Executive actions: The manner in which the president uses his power. Example: executive agreements, They are considered politically binding to distinguish them from treaties which are legally binding.
Changes in the demands on policymakers (The increased demands of domestic policy has positioned the president in a more prominent role in preparing the federal budget and a legislative program)
The Importance of Flexibility:
The Constitution does not prescribe in detail the structure and functioning of the national government.
The Supreme Court is the only court required by the Constitution.
The Framers created a flexible system of government, one that could adapt to the needs of the times without sacrificing personal freedom.

36. Major Constitutional “Clauses”
Admissions Clause
Advice and Consent Clause
Appointments Clause
Arisings Clause
Commerce Clause*
Compact Clause
Contract Clause
Establishment Clause*
Exceptions Clause
Free Exercise Clause*
Full Faith and Credit Clause*
General Welfare Clause*
Guarantee Clause
Necessary and Proper Clause (Elastic Clause, Implied Powers Clause, Sweeping Clause)*
Origination Clause
Presentment Clause
Privileges and Immunities Clause*
Supremacy Clause (Supervising Clause)*
*means you need to know for this course. Look up all of them if you are aiming to pass AP Test

37. Understanding the constitution
The Constitution and Democracy:
The Constitution itself is rarely described as democratic.
The Constitution did not create a monarchy or a feudal aristocracy.
It created a republic, a representative form of democracy modeled after the Lockean tradition of limited government.
There for the Constitution established a government that permitted a substantial movement towards democracy.
The Constitution and the Scope of Government:
The Constitution created rules that limited government action.
Most of the limitations were designed to protect liberty.
The Constitution reinforces individualism, however, it also encourages impasse.

38. Key Terms Chapter 3 Block Grants Categorical grants Commerce clause
Competitive federalism
Cooperative federalism
Dual federalism
Fiscal federalism
Funded mandates
Layer cake federalism
Marble cake federalism
McCulloch v. Maryland
Unfunded mandates
Elastic Clause
Devolution
Grants-in-aid
Delegated powers
Reserved powers
Concurrent powers
Prohibited powers Intergovernmental relations

39. Federalism
Unitary governments are the most common form of government in the world. In this form of government all the power rests within one central government.
Federalism Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people.
The basis of federalism is that the federal government should take care of the big blanket issues of the country, and state government should resolve local issues.
State and local governments can act as a experiment to try out new ideas.
Intergovernmental relations: refers to the entire set of interactions among national, state, and local governments, including regulations, the transfers of funds, and sharing of information.

40. Federalism
The powers granted to the national government in the Constitution are called delegated powers.
Implied Powers: Implied powers are those powers that are reasonably inferred by enumerated powers. The need for these implied powers is spelled out in the "necessary and proper" clause of the Constitution (Article 1, Section 8, Clause 18). The clause says that Congress has the 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." This clause is often referred to as the "elastic clause," as it can stretch to cover a wide range of supplementary powers necessary to carry out enumerated powers.
Enumerated Powers: sometimes called expressed powers, and Delegated powers. : are given directly by the Constitution. Examples of these powers include the power to declare war, regulate foreign and interstate commerce, conduct foreign relations, coin money, and raise and maintain a military
Inherent Powers: Inherent powers, although not expressly delegated by the Constitution, are powers that are intrinsically held by any national government of a sovereign state. Examples of inherent powers include the power to control immigration, the power to acquire territory, the power to recognize foreign states, and the power to quell insurrections.

41. Federalism
The powers granted to the state governments are reserved powers. These are powers that are not given to the national government, but which are not denied to the states. These reserved powers are collectively known as the "police power" of the state.
Powers that are shared by both the national and state governments are concurrent powers. Examples include the power to tax, borrow money, and define crimes and punish criminals.
Prohibited Powers are powers denied from both. An example is neither government can tax exports.

42. Elastic Clause Aka – “Necessary and Proper Clause”
Art. I, Sec. 8, Cl "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 delegated powers

43. Marbury vs. Madison (1803)
a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

44. McCulloch v. Maryland (1819)
Background
Bank of the US operated in Maryland
Maryland did not want BoUS to operate in state, competition unwanted, unfair
Maryland taxed the bank to put it out of business
McCulloch, Bank of US employee, refused to pay the state tax

45. McCulloch v. Maryland (1819)
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 delegated powers.

46. McCulloch v. Maryland (1819)
Can a state tax the federal gov’t?
-NO. The federal gov’t is supreme. Since the Bank of US is constitutional, only the feds may tax it.
-John Marshall reaffirmed Supremacy Clause and Elastic Clause
-National (Federal) Gov gets STRONGER

47. Commerce clause
Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - 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? “Buying and selling 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.

48. 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 federal license.
Ogden sued saying he had the valid state license, even though Gibbons had US license

49. Gibbons v. Ogden (1824) Result – Gibbons wins
Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues
Fed Gov’t gets STRONGER
All trade today is primarily controlled by national law

50. Munn v. Illinois (1877)
Important case in the struggle for public regulation of private enterprise in post-Civil War America
Opened the door for states to regulate certain businesses within their borders, including railroads
Chief Justice Waite argued that the states may regulate the use of private property "when such regulation becomes necessary for the public good." Waite resurrected a latin legal doctrine to support his view: When property is affected with a public interest, it ceases to be juris privati only.
juris privati means "of private right; not clothed with a public interest”

51. Gonzalez v. Raich (2005) Commerce clause quiz!!! 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 commerce clause should not take effect because 1) there was no business transactions and 2) there were no state border issues.
Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana

52. United States v. Lopez (1995)
Commerce clause quiz!!!
1995 – “Gun Free School Zone” law banned possession 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 commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”
LIMITED National government power

53. Federalism Establishing National Supremacy
Implied Powers
Enumerated Powers
Commerce Powers
The Civil War
The Struggle for Racial Equality
States’ Obligations to Each Other
Full Faith and Credit
Extradition
Privileges and Immunities
Interstate compacts

54. Federalism Guarantees to the states: Republican form of government
Protections against foreign invasion
Protections against domestic violence
Respect for the geographic integrity of the states

55.   : Dual federalism:
Federal role limited to "enumerated" powers prescribed in Constitution; all other powers vest with the state
Also referred to as "layer cake" model, wherein each level of government (national/ state) is supreme within its domain of responsibility
Separation of powers between national and state governments; neither level interferes in the affairs of the other
Federal and state governments are competitive in their relationships
Overall, state centered form

56. 1933-1964: Cooperative Federalism
Federal powers expanded to deal with the aftermath of Great Depression (using the 14th amendment)
Also referred to as "marble cake" model, where Federal role is to provide resources [for example, through the federally supported New Deal programs (e.g. social security, job welfare, infrastructure development) of Roosevelt]
Sharing of powers between the national and state governments
Federal and state governments are cooperative in their relationships
Overall, nation-centered form

57. 1980-present (kind of): New Federalism (Competitive Federalism)
Federal decision on policies curtailed by converting categorical grants (i.e. special purpose) to block grants (general, fairly open-ended grants) where states and local governments have more discretionary power to use the funds
Also referred to as the "pineapple upside down cake" model (frosting on the top), wherein federal government deals directly with local governments, but state and local governments have greater degree of discretion
"Competitive" due to competition between state/ local governments for jobs (i.e. businesses) and workers
Governments are competitive in their relationships
Overall, competitive governments

58. Fiscal Federalism Fiscal Federalism
Definition: the model of spending, taxing, and providing grants in the federal government system. The national government’s primary means of influencing state governments is giving money to states in the form of grants-in-aid.

59. Fiscal Federalism Fiscal Federalism
States often need funding from the federal government to implement projects and programs for citizens, but with federal funding comes the requirement of federal regulation. To use a common metaphor, the national government uses the need for fiscal assistance as both a carrot and a stick. The carrot is the federal dollars needed by the state, which come in the form of grants-in-aid. As citizens’ needs expand, the states look to the national government to assist in meeting the financial aspects of fulfilling those needs. The stick comes in the form of regulation and compliance with federal mandates to receive the money or to continue to obtain grants-in-aid. Regulations such as minimum wage, speed limits, and handicap accessibility are examples of “sticks,” or mandates, that states must comply with to receive the national funds.

60. Federalism The Grant System: Distributing the Federal Pie
Categorical Grants: funds targeted for specific purposes such as roads, schools, and urban development. Although they help states meet public needs, they come with many stipulations and regulations..
Project Grants: Project grants are competitive and can create economic opportunity for the states. Examples of project grants are water projects, government facilities, and research grants. Project grants tend to be less dictatorial, giving states more discretion over how the funds are spent.
Formula Grants: Formula grants give money according to a defined set of rules. For example, more urban development dollars go to states with higher urban populations (examples Head start, food stamp program and Medicaid).

61. Intergovernmental Relations Today
Fiscal Federalism
Definition: the pattern of spending, taxing, and providing grants in the federal system
The cornerstone of the national government’s relations with state and local governments

62. Block Grants:
a large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent. This can be contrasted with a categorical grant which has more strict and specific provisions on the way it is to be spent. Grants are given to states & local governments
An advantage of block grants is that they allow regional governments to experiment with different ways of spending money with the same goal in mind, though it is very difficult to compare the results of such spending and reach a conclusion. A disadvantage is that the regional governments might be able to use the money if they collected it through their own taxation systems and spend it without any restrictions from above.

63. Intergovernmental Relations Today

64. Federalism The Mandate Blues
Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
Unfunded mandates are requirements on state & local governments - but no money (example NCLB: No Child Left Behind)
Which level of government is best able to solve the problem?
Which level of government is best able to fund solutions to the problem?

65. Mandates
1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act
1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act
1990 – Clean Air Act
EX – Columbus, OH spends 23% 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

66. Change in Spending 17% 23% 60% 47% 30% 64% 19% 66% 15% 1929 1939 1960
Shift towards Federal Gov’t Spending
Federal
State
Local (City)
1929
17%
23%
60%
1939
47%
30%
1960
64%
19%
1997
66%
15%

67. Understanding Federalism

68. Understanding Federalism

69. Understanding Federalism

70. Understanding Federalism
Federalism and the Scope of Government
What should the scope of national government be relative to the states?
National power increased with industrialization, expansion of individual rights, and social services.
Most problems require resources afforded to the national, not state governments.