CONSTITUTIONAL FOUNDATIONS Purpose of Government, Writing the United States Constitution, Principles...
32
CONSTITUTIONAL FOUNDATIONS Purpose of Government, Writing the United States Constitution, Principles and Foundations of the Constitution, and Federalism
-
Upload
brett-blair -
Category
Documents
-
view
220 -
download
0
description
Types of Government 1. Autocracy – Rule by one Monarchy and Dictatorships 2. Oligarchy – Rule by the few (small group) Communism 3. Democracy – Rule by the People, Direct v. Indirect, Republic Unitary – All real power with the federal government Confederate – All real power with state governments Federal – Power is shared between state and federal governments
Transcript of CONSTITUTIONAL FOUNDATIONS Purpose of Government, Writing the United States Constitution, Principles...
CONSTITUTIONAL FOUNDATIONSPurpose of Government, Writing the United States Constitution, Principles and Foundations of the Constitution, and Federalism
Functions of Government1. Maintain Order
- Thomas Hobbes – Leviathan – Man’s natural state is war – ‘solitary, poor, nasty, brutish, and short’
- Laws, Courts, Prisons, Money2. Provide for National Defense
- Military, Treaties, Foreign Trade3. Provide Public Goods and Services
- Transportation, health, education, welfare 4. Promote Social Standards
- Rights and freedoms, acceptable behavior5. Collect Taxes
Types of Government1. Autocracy – Rule by one
Monarchy and Dictatorships2. Oligarchy – Rule by the few (small group)
Communism3. Democracy – Rule by the People, Direct v.
Indirect, Republic Unitary – All real power with the federal government Confederate – All real power with state governments Federal – Power is shared between state and federal
governments
Democratic Theory - Traditional
Robert Dahl’s Five Criteria for Democracy:1. Equality in Voting – “one person, one vote”2. Effective Participation – ability to express preferences in the decision-making process3. Enlightened Understanding – marketplace of ideas, freedom of speech and press4. Citizen control of the agenda – public chooses the issues they believe are most important5. Inclusion –Citizenship open to everyone, same laws and rights apply to everybody
Other elements of Democracy:- Majority Rule and Minority Rights- Representative Democracy - Remove governing from direct control by the will of the people
Democratic Theory - Contemporary
Who really has power and influence in the United States?Three Theories:1. Pluralist Theory
- Interest groups influence public policy, various groups bargain and compromise to achieve goals, public interest prevails
2. Elite Theory- Upper-class elite has more influence than everyone else because
wealth is the basis of power – influence elections and control corporations
3. Hyperpluralism- So many interest groups, including elite groups, trying to influence
the government that it is unable to act - because they want different things and can attack different levels of government, government freezes up - confusing, contradictory, and muddled policy
Constitutional Foundations – Colonial History
Salutary Neglect – Self-Rule – Mayflower Compact, Virginia House of Burgesses, Colonial Legislatures- By 1750 – Colonies made their own laws, created their own courts, taxed themselves, direct representation
French and Indian War – British Imperialism- Sugar Act, Quartering Act, Stamp Act, Townshend Act, Tea Acts- No Taxation without representation, virtual v. actual representation, Civil Rights and Liberties
Declaration of Independence- Natural rights and Consent of the governed- Limits on the power of government and the right to revolution
Constitutional Foundations – The Articles of Confederation
America’s first government – created during the revolutionConfederation – Most Power remained in the StatesProblems:
1. No power to tax – war debts2. No power to regulate commerce – tariffs on interstate trade3. No power to raise an army – Depression and Shays’ Rebellion 4. No executive or courts to execute or enforce the laws
Although the Confederation had some minor successes (Northwest Ordinance) it is most important for the lessons it taught the writers of the new constitution.
The Constitutional Convention: The Founding Fathers
55 Delegates – Philadelphia, PA – May 1787- represented all states except Rhode Island
- Mostly wealthy planters, lawyers, merchants- Political Experience – 41 served in Continental
Congress, 8 signed the Declaration of Independence, many had written state constitutions and served as governors
- Education – 31 had a college education- Eastern and Urban
The Constitutional Convention: Enlightenment Thought
John Locke (1632-1704) The disruption of natural liberty forced men to leave a state of nature and
form governments for their own good - to protect their property Government serves limited purposes with limited effects and people give
up liberty and power to the government The people have the right to take away power if government exceeds its
purposes Jean Jacques Rousseau (1712-1778)
Social Contract: all men agree to be governed for their own good and for the good of all
Laws are acts of the general will Those who oppose the general will obey for the good of the community
Charles de Montesquieu (1689-1755) Separation of Powers: Keeping each branch separate prevents the
mingling of power and a loss of liberty Legislative prepares laws, Executive provides security and enacts laws, Judiciary
interprets laws and determines disputes
The Constitutional Convention: Compromises Representation
Virginia Plan and New Jersey Plan Great (CT) Compromise
Slavery 3/5 Compromise Slave Trade -1808
Control of the Economy Congress Coins Money, Levies and Collects Taxes,
Regulates Interstate Commerce – restrictions on direct taxation (income) and exports
Ratification of the Constitution 9 of the 13 States at special conventions Federalist vs. The Anti-Federalists The Anti-Federalists concerns:
power in the hands of the economic elite endangered basic freedoms and liberties Liberty could only be secure in a small
republic – rulers must be physically close to the ruled
Over time, a remote government will absorb power away from the states and the people
The Federalist Response The Federalist Papers – John Jay, Alexander Hamilton, James
Madison – 85 Essays What the founders agreed upon:
Men have two passions – they love power and they love money – government must contain men’s self-interest
Political factions lead to instability and violence – one faction will try to over power the other – tyranny of the majority – government must control the power of factions
Power must be set against power to ensure that no one branch, faction, or person overwhelms the others
Preservation of property is the ends of governmentIn other words: Government must be strong enough to maintain
order and preserve property, but not so strong as to weaken liberties – limited government
Question is: How do you design government to do this?
The Madisonian Model of Government
Federalist No. 10 and No. 51He believed that there were three threats to liberty:
1. Government poses a threat to liberty - Power of the government must be limited – “The accumulation of all powers, legislative, executive, and judiciary in the same hands…may justly be pronounced the very definition of tyranny”2. Factions pose a threat to liberty – tyranny of the majority – No. 103. People pose a threat to liberty – “If men were angels, no government would be necessary”
So… A government that meets its ends will have to:1. Limit and divide the power of government2. Limit the power of factions3. Keep the government from being too closely tied to the will of the people and factions
The Madisonian Model of Government
In order to accomplish these goals:1. Large republic – so many interests and opinions that it will be
difficult for any one to have a tyranny – forces compromise to form the huge coalition that would be necessary – majority will not be able to take the power of a minority
2. Separation of powers – limit the power of each branch- “Will it be sufficient…to trust these parchments barriers against the encroaching spirit of power?”
3. Checks and balances –– Legislature? – blend the powers - “Personal motives to resist the encroachment of others” - “ambition must be made to counteract ambition”- Promotes status quo – force moderation and compromise
4. Each part of government represents different parts of society – “render them by different modes of election, and different principles of action” – do not allow them to have direct control over the appointments of each other
The Constitution of the United States
June 1788 – 9 states had ratified, promise of the addition of the Bill of Rights
Purpose of United States Government:“We the people of the United States, in
order to form a more perfect union, establish justice, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States.”
The Constitution: Basic Principles Federal Republic Limited Government Rule by Law Popular Sovereignty – Consent of the Governed Separation of Powers Checks and Balances Federalism Flexibility – Formal and Informal Amending
Process
FederalismTwo or more governments have formal authority over the
same area or people – federal and state governmentsWhy does the United States have a federal system?
1. Decentralizes Government – limits power2. More levels for ideas on new policies3. Allows states to set different priorities – Local control of local issues4. More opportunities for political participation5. Many avenues for the redress of grievances – protects liberties and rights6. Empowers judiciary to decide disputes – independence
Federalism - Powers
1. Delegated (enumerated) Powers: Powers given to the national government in the Constitution
Implied Powers: Powers of the national government that go beyond the enumerated powers – Congress - ‘necessary and proper’ for carrying out enumerated powers
2. Reserved Powers: State powers reserved under the 10th Amendment (not delegated)
3. Concurrent Powers: Powers shared by the national and state governments
Federalism in the Constitution
Federal Government- Supremacy Clause: supreme law of the land is:
1. The Constitution2. Laws of the National Government (delegated)3. Treaties
- States may not make treaties, coin money, tax imports and exports
State Government- Hold all elections and 10th Amendment (reserved powers)- Federal Government may not break up or merge existing states, change representation in the Senate, and must protect against foreign invasion
States Responsibilities to each other:- Full Faith and Credit Clause: recognize public acts, records, and judicial proceeding from other states- Privileges and Immunities: Pay taxes, obey laws, and receive benefits where you are- Extradition
Federalism Federal v. State Power : Hamilton and Marshall
vs. Jefferson and Madison Federal Government has become increasingly
powerful since the creation of the Constitution despite a recent trend in returning some powers to the states. The federal government has increased its powers through implied powers, cooperative federalism, and fiscal federalism. The process of returning powers to the states is called devolution.
Federalism: Increase in Federal Power - Implied Powers
Elastic Clause – “Necessary and Proper” McCulloch v. Maryland – Bank of United States - Implied Powers
Commerce Clause Gibbons v. Ogden Food and drug policy, radio signals, internet, working regulations,
minimum wage, racial discrimination, highway construction, social welfare, environmental law
Incorporation Doctrine Gitlow v. New York – 14th Amendment – 1925 – Federal courts can
make decisions about state and local laws and practices legal concept that has nationalized the Bill of Rights by making
most of its protections applicable to the states through the Fourteenth Amendment’s Due Process Clause
Civil War and Civil Rights Movement
Increase in Federal Power: Dual v. Cooperative Federalism
Dual Federalism: Both the national government and the state governments are supreme in their own sphere – early American history
Cooperative Federalism: State and federal governments share powers and policy assignments- Example: Education – Morrill Land Grant Act, National Defense Education Act, Elementary and Secondary Education Act, No Child Left Behind Act, Common Core- Example: Transportation – Railroads – Land Grants, National Highway Act, American Recovery and Reinvestment Act- Shared Costs – Federal and State Funds, Matching
Funds- Shared Administration- Federal Guidelines – National Minimum Drinking Age
Act of 1984, MADD and .08% bac, NCLB – Standardized Tests
Increase in Federal Power: Fiscal Federalism Federal Government can control state governments through
federal funding – Grants-in-aid - 30% of state budgetsFederal Mandates – direct state government to follow federal
laws or guidelines in order to receive federal aid– Medicaid, Americans with Disabilities Act (ADA), Clean Air Act of 1970– Funded vs. Unfunded Mandates (ADA,NCLB)
Two types of Federal Grants:1. Categorical Grants – must be used for specific purposes
- Conditions of Aid –what a state must do to receive the federal grants
- crossover sanctions – drinking age, bac- crosscutting requirements – Civil Rights Act of 1964
(Title VI) and Discrimination, Environmental protections - Project Grants v. Formula Grants (Census)
2. Block Grants – States get to decide how to spend the money- usually in a certain area – used to return power to the states
Devolution: Return to State Power Devolution – Transferring responsibilities to state and
local governments – Reagan Reagan – 1980s - Increased number of block grants –
conditions and mandates? Welfare Reform Act of 1996 – AFDC to TANF – ended federal
guarantee of support and turned welfare spending into a block grant – management of program now at state level
Supreme Court – limits on power of commerce clause United States v. Lopez – Gun-Free School Zone Act (1995) United States v. Morrison – Violence Against Women Act (2000) Printz v. United States – Brady Handgun Violence Prevention
Act (1997) National Federation of Independent Business v. Sebelius
(2012) – Individual mandates on healthcare not covered by commerce clause - Affordable Care Act
Powers of the National Gov’t Shared Powers (Concurrent)Powers of the State Gov’ts (Delegated and Implied) (Reserved)
Amending the Constitution: Formal Process
Step1: Proposal- 2/3 of both the House and the Senate- National Convention called by 2/3 of the states
Step 2: Ratification- ¾ of state legislatures- ¾ of special state conventions (21st amendment)
Amending the Constitution: Informal Process
More common (hard to formally amend, time, federalism):1. Elastic Clause and Commerce Clause (Congress)
- New Deal and Great Society (Role in Economy)- Role of technology
2. Judicial Interpretation- Judicial Review and Marbury v. Madison - Plessy v. Ferguson and Brown v. Board of Education- Commerce Clause, Federalism
3. Changing Political Practice (Custom, Tradition)- Political Parties, Nominating Conventions, Cabinet, Electoral
College, Congressional Committees4. Power of the President
- Foreign Affairs and Increasing Demands
Policy Making in the United States
Analyzing Tables, Charts, and Graphs
1. Quickly look at labels, headings, legends, units of measurement
2. Does it have a title? If not, what should it be?3. Summarize the main point4. Generalizations/Trends
- starting and end points- highest and lowest data points- largest and smallest changes- tipping points- gradual/dramatic increases/decreases- constants
