REVIEW TOPICS #1 AND #2

CONSTITUTIONAL UNDERPINNINGS AND

FEDERALISM

ARTICLES OF CONFEDERATION

• Writers trying to avoid strong central government

• First constitution, written shortly after Dec. of Indep.

• Established a National Congress (no executive, no courts)

• Most power given to state legislatures

Shays’ Rebellion

• Series of attacks on Mass. Courthouses by small band of farmers to block foreclosures

• National leaders afraid protestors would take law into their own hands

• Demonstrated weakness of national government

1999 QUESTION

The importance of Shays’ Rebellion to the development of the U.S. Constitution was that it

A. Revealed the necessity of both adding the Bill of Rights to the Constitution and creating a new system of checks and balances

B. Demonstrated the intensity of antiratification sentiment within the 13 states

C. Indicated that a strong, constitutionally designed national government was needed to protect property and maintain order

D. Convinced the delegates attending the Const. Convention to accept the Conn. Plan

E. Reinforced the idea that slavery should be outlawed in the new Constitution

Answer: C

PROBLEMS/WEAKNESSES OF ARTICLES

• No power to tax (money had to be requested from states)

• No power to regulate commerce (inhibited trade and made Nat. economy difficult)

• No restriction on currency• No judiciary to rule on disputes

CONT’D• Weaknesses and problems led to the

need for a new constitution

ASSUMPTIONS OF THE FOUNDING FATHERS

• People are greedy and self-interested (government should play a key role in containing self-interest)

• Chief source of political conflict is unequal distribution of wealth-land in those days

• Factions arise from conflict (factions have to be checked)

CONT’D• Object of Government: preservation of

property and property rights

1994 QUESTION The framers of the Constitution all believed that

one of the primary functions of government is:

A. Educating citizens

B. Protecting individual property rights

C. Protecting new immigrants from persecution

D. Expanding the borders of the nation

E. Ensuring that anyone accused of a crime has the right to legal representation

Answer: B

POWERS IN THE CONSTITUTION (CONGRESSIONAL, EXECUTIVE,

JUDICIAL)

• Congressional (Article 1)

• 1. Pass legislation

• 2. Override vetoes

• 3. Appropriate money

• 4. Impeachment

• 5. Confirmation of Presidential Appointments

CONT’D• 6. Ratify treaties

• 7. Declare war

• 8. Levy taxes

• 9. Coin money

• 10. Regulate interstate and foreign commerce

CONT’D• Executive (Article 2)

• 1. Commander-in-chief

• 2. Recognize ambassadors(give diplomatic recognition)

• 3. Make treaties

• 4. Nominate justices, judges, cabinet secretaries, etc.

CONT’D• Veto bills

• Pardon

CONT’D• Judicial

• 1. Judicial Review (only implied)

• 2. Original jurisdiction on matters between states

Inherent Powers• Powers that are derived from simply

holding a position, such as Thomas Jefferson’s power as president to purchase the Louisiana Territory

Expressed Powers• Powers that are given to an

institution of government directly in the Constitution, such as Congress’s power to tax

1999 QUESTION

All of the following powers are granted to the President by the Constitution except:

A. Commissioning officers in the armed forces

B. Addressing the Congress on the state of the union

C. Receiving ambassadors

D. Granting pardons for federal offenses

E. Forming new cabinet-level departmentsAnswer: E

ECONOMIC PROVISIONS IN THE CONSTITUTION

• 1. Congress levies taxes and regulates interstate and foreign commerce

• 2. Coin money and forbid states from currency

• 3. Congress can borrow money• 4. Congress can build an infrastructure

(roads, post offices, weights and measurements)

CONT’D• GENERALLY: Protect against intrastate

tariffs, competing currencies, and raise money

• EFFECT: Increase power of central government in economics

1994 QUESTION As originally ratified, the U.S. Constitution

included provisions designed toA. Limit the importation of foreign manufactured

goodsB. Increase the economic importance of the agrarian

sector relative to that of the manufacturing sectorC. Increase the economic powers of the central

governmentD. Expand the states’ powers to regulate own

commerce with foreign countriesE. Guarantee the states a greater role in economic

policy-making

Answer: C

INDIVIDUAL RIGHTS IN THE CONSTITUTION

• 1. Writ of habeas corpus (cause of detention

• 2. No bills of attainder (punishment without trials)

• 3. No ex post facto (laws not there when crime was committed)

• 4. Strict definition of treason

CONT’D• 5. Trial by jury

• Notes: Ind. Rights was a major issue in the ratification process. Founding Fathers believed that states were doing sufficient job of protecting rights

CHECKS AND BALANCES• Features of Constitution

which limit power and require power to be balanced among branches

• Three branches remain relatively independent from one another

EXECUTIVE• Veto legislation (Congress)

• Nominate justices/judges (Judicial)

LEGISLATIVE• Impeachment (Executive and Judicial)

• Confirm Pres. Nominations-Senate-and override vetoes (Executive)

• Confirm Judicial Nominees (Judicial)

JUDICIAL• Declare laws unconstitutional

(Legislative)

• Declare presidential acts unconstitutional (Executive)

1999 QUESTION Which of the following is an example of checks and

balances, as established by the Constitution?A. A requirement that states lower their legal drinking age to

eighteen as a condition of receiving funds through federal highway grant programs

B. Media criticism of public officials during an election campaign period

C. The Supreme Court’s ability to overturn a lower court decisionD. The requirement that presidential appointments to the Supreme

Court be approved by the SenateE. The election of the President by the electoral college rather than

by direct election

CONT’D

Answer: D

AMENDMENT PROCESS

• Proposal: 2/3s of Congress or 2/3s of states at National Convention

• Ratification: 3/4s of state legislatures or 3/4s of states at state conventions

• All amendments except 21st have been through Congress and state legislatures

FEDERALIST PAPERS/FEDERALIST 10

• 85 articles by Hamilton, Jay, and Madison that defended the Constitution in detail

• Main argument is setting faction against faction

• Fed 10 is considered best defense of checks and balances

CONT’D• Madison argues that political factions

are undesirable but inevitable and must be controlled

1994 QUESTION In the Federalist papers, James Madison

expressed the view that political factions:

A. Should be nurtured by a free nation

B. Should play a minor role in any free nation

C. Are central to the creation of a free nation

D. Are undesirable but inevitable in a free nation

E. Are necessary to control the masses in a free nation

Answer: D

2002 QUESTION

In Federalist No. 10, James Madison argued that factions in a republic are

A. A more serious threat if the republic is large

B. Natural but controllable by institutionsC. Not likely to occur if people are honestD. Prevented by majority ruleE. Prevented by free elections

Answer: B

BILL OF RIGHTS• Result of ratification fight;

first 10 amendments added in 1791

• First 8 deal with individual rights

• Last 2 deal with state powers

INFORMAL CHANGES• Ways Constitution has

evolved without formal changes

• 2 party system• Winner-take-all in Electoral

College• Judicial Interpretation (Plessy

and Brown)• Technology (role of media,

atomic bombs)

CONT’D• Growth/Expectations of government

(Great Depression, Cold War)

DEFINING FEDERALISM• Sharing power at 2 or more levels of

govt

• At least some powers must be independent

FEDERALISM AND THE CONSTITUTION

RESERVED POWERS• Not specifically given to

Fed. Govt and not denied to states

• Powers of the states (reserved through Constitution)

• 1. Conduct elections• 2. Establish local govts.

1999 QUESTION

The reserved powers of the state governments can best be described as those powers

A. Not specifically granted to the national govt. or denied to the states

B. Implied in the 5th amendmentC. Listed specifically in the 10th amend.D. Exercised by both nat. and state govt.E. Granted to states as part of the implied

powers doctrineAnswer: A

10TH AMENDMENT• Powers not delegated to Fed govt or

prohibited to states are reserved for the states

McCulloch v. Maryland (1819) and elastic clause

• Issue was Nat. bank• States can’t interfere or tax

Congressional activities of Fed govt

• Supremacy over states through implied powers of elastic clause (“necessary and proper”)

• Has allowed Fed govt to extend powers past explicit ones.

1999 QUESTION In McCulloch v. Maryland, the Supreme Court

established which of the following principles:A. States cannot interfere with or tax the legitimate

activities of the fed. Govt.B. The judicial branch cannot intervene in political

disputes between the Pres. And CongressC. The fed. Bill of Rights places no limitations on

the statesD. The federal govt. has the power to regulate

commerceE. It is within the judiciary’s authority to interpret

the constitution

CONT’D

Answer: A

Gibbons v. Ogden (1824) and commerce clause

• Congress can regulate all interstate commerce, including every form of commercial activity

2002 QUESTION

Of the following, which has been used most to expand the power of the national government?

A. The commerce clause of the Const

B. The habeas corpus clause of the Const

C. The bill of attainder clause of the Const

D. The 1st amendment

E. The 5th amendment

Answer: A

INTERGOVERNMENTAL RELATIONS TODAY

DUAL FEDERALISM• States and Fed govt. stay supreme

within their own sphere (layer cake metaphor)

• Not applicable after 1930s

COOPERATIVE FEDERALISM

• Powers and policy shared between state and Fed. Govt (marble cake metaphor)

• Since 1930s

Devolution• A process by which the national

government gives more power and authority to the states

FISCAL FEDERALISM• Pattern of spending, taxing, and

providing grants within Federal system

2002 QUESTION The terms “fiscal federalism” and “cooperative federalism”

refer to situations in which A. The fed. Govt. completely dominates state and local govts.B. States are forbidden any activity that has not been specifically

approved by the Supreme CourtC. The fed. Judiciary uses its power of judicial review to ensure

congressional dominance over state legislaturesD. State, municipal and local income taxes are pooled by special

agreement and redistributed in accordance with individual need

E. Federal, state, and local govts work together to complete a project, with federal govt providing much of the project funding

CONT’D

Answer: E

CATEGORICAL GRANTS• Federal grants that can be used only for

specific purposes (800 or 900 categories)

• 2 types:• A. Project: awarded on merit for specific

program• B. Formula: distributed according to a

formula

BLOCK GRANTS• Grants given more or less automatically

to states or communities as long as conditions are met (ex. Following civil rights legislation)

2002 QUESTION

States and localities have the most discretion in establishing policy when federal funding is derived from

A. Categorical grantsB. Matching grantsC. Block grantsD. Project grantsE. Grants-in-aid

Answer: C

REVENUE SHARING• Federal aide with no strings attached

• Helpful to poor states

1994 QUESTION In contrast to revenue sharing, categorical

grants provide state and local governments withA. Substantial discretion in deciding how to use

the grants to solve their problemsB. Aid that reflects tax base and populationC. The power to impose regressive taxesD. Funds sufficient to support a high level of local

serviceE. Funds to administer programs clearly specified

by the federal government

Answer: E

UNFUNDED MANDATES• When Congress passes a law creating

financial obligations but provides no funds to meet those obligations

• Ex. ADA in 1990

2002 QUESTION Which of the following actions by the federal govt best

illustrates the concept of unfunded mandates?A. Requiring that polling booths remain open beyond the hours of

the workdayB. Requiring states and municipalities to provide certain services

for their citizens without providing resources to pay for those services

C. Requiring state governments to guarantee short-term bonds issued by large municipalities in their states

D. Requiring all municipalities to impose a minimum property tax on all residential and business properties

E. Requiring states and municipalities to privatize many previously publicly funded services.

CONT’D

Answer: B

EFFECTS OF FEDERALISM• Inequality in govt services among states

• Opportunities for experimentation at state level

• Multiple points of access for interest groups

• Decentralization of political conflict

1994 QUESTION All of the following are consequences of the

federal system in the United States exceptA. inequality in government services across

subnational entitiesB. Opportunities for experimentation in government

programsC. Multiple points of access for interest groupsD. Decentralization of political conflictE. A strict division of power among levels of

government

Answer: E

2000 FREE RESPONSE2000 FREE RESPONSE The Const was an attempt to address problems of

decentralization that were experienced under the Arts. Of Confed.

a. List 3 problems of decentralized power that existed under the Arts. Of Confed. For each problem you listed, identity one solution that the Const provided to address the problem.

b. Some have argued that the tensions between decentralized and centralized power continue to exist. Support this argument by explaining how one of the following illustrates the continuing tension.

Environmental PolicyGun ControlDisability access

The Const was an attempt to address problems of decentralization that were experienced under the Arts. Of Confed.

a. List 3 problems of decentralized power that existed under the Arts. Of Confed. For each problem you listed, identity one solution that the Const provided to address the problem.

b. Some have argued that the tensions between decentralized and centralized power continue to exist. Support this argument by explaining how one of the following illustrates the continuing tension.

Environmental PolicyGun ControlDisability access

2005 FREE RESPONSE2005 FREE RESPONSE The power of the federal govt relative to the power of the

states has increased since the ratification of the Consta. Describe two of the following provisions of the Const and

explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause

b. Explain how one of the following has increased the power of the federal government relative to the power of state govts

Americans with Disabilities ActCivil Rights Act of 1964Clean Air Act

The power of the federal govt relative to the power of the states has increased since the ratification of the Const

a. Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause

b. Explain how one of the following has increased the power of the federal government relative to the power of state govts

Americans with Disabilities ActCivil Rights Act of 1964Clean Air Act