1. CARD #1: Constitutional History & Federalism
COPY THE POINTS WHILE YOU ARE HERE AND DO THEM ON YOUR OWN AT HOME!!!!!!!!!! (#s 1-16)

2. Traditional democratic theory = consent of the governed
Theories of dem govt
Traditional democratic theory = consent of the governed
Pluralist theory = Dahl & IGs
Elite theory = upper class & self-interest
Bureaucratic theory = Weber & hold power w/ public policy
Hyperpluralism = gridlock & ineffectiveness

3. ART OF CONFED =
“league of friendship”
a weak central govt, no exec/judicial
Had limited power over the states
Unicameral Congress (ec state = 1 vote) that could NOT tax or regulate trade
9 of 13 states for legislation
Unanimous 13 votes to amend
Led to Shay’s Rebellion

4. Weaknesses of the Articles of Confederation…
How the Constitution fixed those weaknesses…
“league of friendship” between the states
Created a federal system between the national and state level
Congress could NOT tax; it could only request contributions from the states
Nat’l govt given the power to tax (HOUSE OF REPRESENTATIVES!!!)
Congress could NOT regulate interstate trade or foreign commerce
Congress was given the power to regulate commerce b/t states and foreign
No separate executive to enforce the acts of Congress
Article II created an executive office to enforce the laws of Congress (bureaucracy)
No national judiciary to handle state disputes
Article III created a nat’l judiciary w/ a Supreme Court and lower courts
States and the nat’l govt had the authority to coin money
ONLY the nat’l govt has the authority to coin money
Each state had ONE vote, regardless of size or population
Population in the House, equality in the Senate
9/13 states required to pass legislation
Bills need a simple majority in both houses of Congress
Unanimous consent to amend
2/3 of Congress and ¾ of the states are necessary to amend

5. Problems/Fights Great Compromise (CT) Federal system VA/NJ Plan?
Commerce & Slave trade
Ratification
Federalists / Anti-Feds
Federalist Papers (85)
Bill of Rights

6. CHECKS & BALANCES
Each branch can limit the power of the other 2 *legislative, executive, judicial Senate approves or rejects presidential appointments to the Supreme Court Slows change & encourages compromise Not one branch is completely independent Congress makes laws / POTUS can veto POTUS veto / Congress veto with 2/3 vote POTUS negotiates treaty / Senate ratifies POTUS nominates SC Justice / Senate approves SC declares unconstitutional / Congress can make an amendment to reverse that charge HR impeach POTUS/justices, the Senate removes with 2/3 vote

7. Basic Principles w/in the Const
Limited Government
Popular Sovereignty
Separation of Powers
Checks & Balances
Federalism

8. FORMAL amendment process
Anticipated the need to change the Const
Bill of Rights in 1791 (#1-10) other 17 over 220 years!!!
Requires both STATE and NATIONAL action
Proposal = national / Ratification = state (2 ec)
Proposed by 2/3 ec house / Rat by ¾ state legislatures (used 26 times)
Proposed by 2/3 ec house / Rat by special conventions in at least ¾ of the states (used once for 25th)
Proposed by a natl convention called by Congress at request of 2/3 of the state legislatures / Rat by ¾ state (never used)
Proposed by a natl convention / Rat by special conventions in at least ¾ states (never used)

9. Marbury v Madison (1803)
Election of 1800
Adams v Jefferson
“lame duck” Congress
New judicial positions
Marbury wanted Justice of
the Peace
Madison was Sec of State
Writ of Mandamus
Est Judicial Review – aka INFORMAL PROCESS
First time to declare
UNconstitutional

10. EXPRESSED (delegated) POWERS
Specifically granted to the federal govt by the Constitution $$$, taxes, interstate commerce aka… Enumerated powers
Article I – powers to Congress
Article II – Section 2 gives power to pres
Article III – judicial power to the Supreme Ct
Article IV – Intergovernmental Relationships
Article V – Amendment Process

11. IMPLIED POWERS
Come from the Necessary & Proper Clause aka…Elastic Clause = found in Article I, Section 8, Clause 18
“to make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers and all other Powers vested by the Constitution in the Govt of the US, or in any Dept or Officer thereof”

12. RESERVED POWERS (states only!!)
Not specifically granted to the federal govt Article IV, Amendment 10 Not specifically denied to the states Held by the states vis-à-vis the 10th amendment, i.e., licensing doctors, public schools, local govts, police power, public health, safety & general welfare…

13. MISC POWERS
Inherent Powers: the US is a sovereign nation w/ the international right to make treaties, wage war, and acquire territory
Concurrent Powers: exercised by federal & state, i.e., taxes, borrowing money, est courts
Prohibited Powers: denied to nat’l & state…can’t tax exports, states can’t make treaties (Article I, Sections 9 & 10; Amendments)

14. FEDERALISM in practice…
Interstate Relations (Art IV)
Guarantees to the States
Advantages & Disadvantages
Establishing
national supremacy
McCulloch v
Maryland (1819)
Gibbons v
Ogdan (1824)
Federalism TODAY

15. Article VI – Supremacy Clause!!!
McCulloch v Maryland (1819) – implied powers, “necessary & proper clause”, national supremacy [EXPANSION OF FEDERAL POWER]
Gibbons v Ogdan (1824) – Old fashioned Jersey Shore throwdown, interstate commerce, 1964 Civil Rights Act, “commerce clause”
[EXPANSION OF FEDERAL POWER]
Brown v Board of Education (1954) – school segregation is unconstitutional

16. COOPERATIVE FEDERALISM (not Dual)
National and state govts work together to complete projects (highways) Pattern of spending, taxing, & providing grants ($480B in 2010) NOT dual = each level remains supreme in their own sphere NEW Federalism = Nixon, Reagan, W. Bush – reversal of cooperative federalism, aka devolution aka…Fiscal Federalism

17. FEDERALISM (Goldilocks?)
Two or more levels of govt have formal authority over the same geographic area & people

18. FISCAL federalism…uses fiscal policy to influence the states through granting or withholding $ to pay for programs
grants-in-aid – specific projects / programs
categorical grants – project/formula grants…matching, ie Medicaid, or based on merit
Block grants – variety of purposes w/in a broad category, ie. education
Revenue sharing – “no strings attached” eliminated under Reagan
Mandates (funded & unfunded) – ie. Americans with Disabilities Act (1990)