Unit One: Unit One: Constitutional Constitutional UnderpinningsUnderpinnings

Mr. VasquezMr. Vasquez

Alliance Gertz-Ressler Alliance Gertz-Ressler High SchoolHigh School

AP U.S. Government and AP U.S. Government and PoliticsPolitics

DemocracyDemocracy

Democracy is rule by the Democracy is rule by the peoplepeople

Democracy: Two TypesDemocracy: Two TypesA. Direct: rule by the A. Direct: rule by the

people people

themselves.themselves.

B. Indirect (representative): B. Indirect (representative): rule rule

by elected by elected representatives.representatives.

C. Founders' distrust of C. Founders' distrust of direct direct

democracy:democracy:

1. Impracticalities.1. Impracticalities.

2. Fleeting passions of the 2. Fleeting passions of the

people --->concern that people --->concern that they they

would be swayed by would be swayed by

demagogues.demagogues.

Republic.Republic.

*Same as indirect democracy.*Same as indirect democracy.

*Solves problems of direct democracy.*Solves problems of direct democracy.

““Secures the advantages of direct Secures the advantages of direct democracy while curing its democracy while curing its weaknesses.”weaknesses.”

Democratic TheoryDemocratic Theory

A. A. Majoritarian politicsMajoritarian politics view: leaders are heavily view: leaders are heavily influenced by the will of the influenced by the will of the people.people. B. B. Elite politicsElite politics views: views: minorities dominate policy minorities dominate policy

makingmaking1. 1. MarxistMarxist: influence of : influence of

economic elites. economic elites. 2. 2. CC. . Wright MillsWright Mills: :

influence of power elite: influence of power elite: corporate, military, political corporate, military, political (Eisenhower’s “military (Eisenhower’s “military industrial complex.”)industrial complex.”)

3. 3. Max WeberMax Weber: influence : influence of bureaucracy.of bureaucracy.

PluralistPluralist viewview:: 1. Political resources are so scattered that no single 1. Political resources are so scattered that no single

elite has a monopoly on them.elite has a monopoly on them.

2. There are so many institutions in which power is 2. There are so many institutions in which power is exercised that no single elite could possibly exercised that no single elite could possibly

control all control all of them. of them.

3. Pluralism therefore argues that many groups 3. Pluralism therefore argues that many groups compete with each other for control over policy. compete with each other for control over policy. Policy is therefore the outcome of political Policy is therefore the outcome of political

haggling, haggling, innumerable compromises, and ever-shifting innumerable compromises, and ever-shifting

alliances alliances among groups.among groups.

Hyperpluralist View:Hyperpluralist View:

1. "Pluralism 1. "Pluralism gone sour." gone sour."

2. There are so 2. There are so many groups, and many groups, and they are so strong, they are so strong, that government has that government has becomebecome

gridlocked and is gridlocked and is unable to act.unable to act.

Fundamental Fundamental Democratic ValuesDemocratic Values

A.A. Popular Popular sovereignty.sovereignty.

B.B. Respect for the Respect for the individual. State serves individual. State serves

individual, not vice individual, not vice versa.versa.

C.C. Liberty.Liberty.

D.D. Equality. Of Equality. Of opportunity more than opportunity more than result. Role of FDR’s result. Role of FDR’s 2nd Bill of Rights: 2nd Bill of Rights: economic economic

security.security.

Fundamental Fundamental Democratic ProcessesDemocratic Processes

A.A. Free and fair Free and fair elections, elections,

with competing with competing political parties.political parties.

B.B. Majority rule Majority rule w/minority rights. Fear w/minority rights. Fear of of

“ “tyranny of the tyranny of the majority” led to majority” led to protection protection

of property rights.of property rights.C.C. Freedom of Freedom of expression.expression.D.D. Right to assemble Right to assemble and protest.and protest.

Fundamental Fundamental Democratic Structures Democratic Structures

(briefly -- covered in more (briefly -- covered in more detail later)detail later)

A. Federalism.B. Separation of powers.C. Checks and balances.D.Constitutionalism.

ORIGINS OF THE ORIGINS OF THE AMERICAN REPUBLICAMERICAN REPUBLIC

I. Sources of the ConstitutionI. Sources of the Constitution

A. British Customs and A. British Customs and Traditions, e.g., Magna Traditions, e.g., Magna Carta and English Bill of Carta and English Bill of Rights.Rights.

B. European Philosophers, e.g., B. European Philosophers, e.g., Locke, Hobbes, Locke, Hobbes, Montesquieu, RousseauMontesquieu, Rousseau

C. Colonial experiences, e.g., C. Colonial experiences, e.g., power of elected assembly.power of elected assembly.

D. State constitutions written D. State constitutions written after the Declaration of after the Declaration of

Independence, e.g., Preamble Independence, e.g., Preamble closely resembles the closely resembles the

introduction to the Mass. introduction to the Mass. Constitution.Constitution.

II.II. Constitutional Constitutional Convention, 1787Convention, 1787

A.A. Background.Background.Decl. of Indep. ---> Rev. War ---Decl. of Indep. ---> Rev. War ---

> > Articles of Confed. and Articles of Confed. and its weak central govtits weak central govt.:.:

No power to tax.No power to tax.No chief executive.No chief executive.No national judiciary.No national judiciary.No power to regulate No power to regulate

interstate or foreign interstate or foreign commerce.commerce.

No national currency.No national currency.2. Annapolis 2. Annapolis

Convention, 1786: called to Convention, 1786: called to improve Articles.improve Articles.

3. 3. Shays' Rebellion, Shays' Rebellion, 1786 ---> necessity of a 1786 ---> necessity of a stronger national stronger national governmentgovernment..

B.B. DelegatesDelegates 1. Characteristics: "well-read, well-bred, well-fed, and well-wed."1. Characteristics: "well-read, well-bred, well-fed, and well-wed."

2.2. Participants: Participants: a. Madison: "Father of Const." because of leadership and a. Madison: "Father of Const." because of leadership and

detailed notes of proceedings.detailed notes of proceedings.b. Washington: presiding officerb. Washington: presiding officerc. Franklin: "elder statesman."c. Franklin: "elder statesman."d. Morris: largely responsible for final wording of Const.d. Morris: largely responsible for final wording of Const.e. Hamilton: most forceful advocate for strong central e. Hamilton: most forceful advocate for strong central

government.government.3. Charles Beard's 3. Charles Beard's EconomicEconomic InterpretationInterpretation ofof thethe UnitedUnited StatesStates (1913). (1913).

a. Constitution was written by propertied class ---> a. Constitution was written by propertied class ---> naturally reflected those interests (although no naturally reflected those interests (although no conspiracy per se).conspiracy per se).

b. Rebuttals:b. Rebuttals:1) Most people owned property.1) Most people owned property.

2) Even the poor, in hopes of someday owning 2) Even the poor, in hopes of someday owning property, wanted to protect property.property, wanted to protect property. Establishing a democratic government involved risks and dangers Establishing a democratic government involved risks and dangers --> need to build in safeguards and protections.--> need to build in safeguards and protections.

C.C. Areas of Areas of agreement:agreement:

1.Scrap the 1.Scrap the Articles of Articles of ConfederationConfederation..

2.2.Establish a Establish a republican govtrepublican govt..

3.Establish a 3.Establish a constitutional govt.constitutional govt.

4.Established a balanced 4.Established a balanced govt. where no single interest govt. where no single interest dominated.dominated.

5.Suffrage for property 5.Suffrage for property owners only.owners only.

6.Stronger central govt. 6.Stronger central govt. than under the Articles.than under the Articles.

7.7.Protection of Protection of property rights: the main property rights: the main purpose of govtpurpose of govt..

8.Keep the proceedings 8.Keep the proceedings secret.secret.

D.D. Areas of disagreement Areas of disagreement ---> compromises:---> compromises:

1. Representation 1. Representation among the states.among the states.

a. Large states favored a. Large states favored the Virginia Plan: based the Virginia Plan: based upon population.upon population.

b. Small states favored b. Small states favored the New Jersey Plan: equal the New Jersey Plan: equal representation.representation.

c. c. Connecticut Connecticut (Great) Compromise: a (Great) Compromise: a bicameral legislature with bicameral legislature with a popularly-a popularly-

elected House (based elected House (based upon upon

population) and a Senate population) and a Senate (equal rep.) elected by (equal rep.) elected by state legislatures.state legislatures.

D.D. Areas of disagreement Areas of disagreement ---> compromises:---> compromises:

2.2. Representation and Representation and taxation of slaves.taxation of slaves.

a. Northern states a. Northern states wanted slaves to count for wanted slaves to count for taxation, but not taxation, but not representation.representation.

b. Southern states b. Southern states wanted wanted

the opposite.the opposite. c. 3/5 Compromise: c. 3/5 Compromise:

3/5 of the slaves would 3/5 of the slaves would count for both purposes count for both purposes (3/5 was the ratio (3/5 was the ratio

that would yield equal that would yield equal representation among representation among northern and southern northern and southern states).states).

D.D. Areas of Areas of Disagreement ---> Disagreement --->

Compromises:Compromises:Election of the President.

a. Life term v. annual election ---> compromise of a 4-year term.

b. Method of election:

1) Some wanted election by Congress.

2) Some wanted election by state legislatures.

3) Some wanted direct election.

4) Compromise: Electoral College system.

E.E. Ratification PoliticsRatification Politics1.1.Federalists: Federalists:

a. Supporters: a. Supporters: property owners, property owners, creditors, merchants. creditors, merchants.

b. Viewsb. Views1) Elites most fit 1) Elites most fit

to govern.to govern.2) Feared 2) Feared

"excesses" of "excesses" of democracy.democracy.

3) Favored strong 3) Favored strong central government.central government.

c. Leaders: c. Leaders: Hamilton, Madison, Hamilton, Madison, Washington, Jay.Washington, Jay.

2.2. Antifederalists:Antifederalists:a.a. Supporters: small Supporters: small

farmers, frontiersmen, farmers, frontiersmen, debtors, shopkeepers.debtors, shopkeepers.

b.b. Views.Views.1) Feared 1) Feared

concentration of power in concentration of power in hands of elites.hands of elites.

2)Believed that 2)Believed that govt. should be closer to govt. should be closer to the people.the people.

3)Feared strong 3)Feared strong central government. central government. Favored Favored stronger state govts.stronger state govts.

4) Feared the lack 4) Feared the lack of Bill of Rights -- their of Bill of Rights -- their strongest argument.strongest argument.

c. Leaders: Henry, Mason, c. Leaders: Henry, Mason, Gerry.Gerry.

3.3. Federalist Federalist Advantages:Advantages:

a. Were better a. Were better represented in state represented in state legislatures.legislatures.

b. Controlled the b. Controlled the press.press.

c. Began ratification c. Began ratification procedures quickly before procedures quickly before

Antifederalists could get Antifederalists could get organized.organized.

d. Agreed to a Bill of d. Agreed to a Bill of Rights after ratification of the Rights after ratification of the Const.Const.

44. . The Federalist The Federalist Papers: Madison, Hamilton, Papers: Madison, Hamilton, and Jay. To rally support for and Jay. To rally support for ratification of the ratification of the

Constitution.Constitution.5. Ratification, 1788: 5. Ratification, 1788:

by state ratifying conventions by state ratifying conventions of of

popularly-elected delegates.popularly-elected delegates.

I. Separation of PowersI. Separation of Powers I.I. Separation of powers.Separation of powers.

A.A. To Madison, tyranny To Madison, tyranny was govt. that controlled all 3 was govt. that controlled all 3

branches of govt. ---> branches of govt. ---> Division of power among the Division of power among the legislative, executive, and legislative, executive, and judicial branches. judicial branches. B.B. This system This system diffusesdiffuses power instead of power instead of concentratingconcentrating

power.power.C.C. Influence of Influence of Montesquieu.Montesquieu.D.D. Colonial experiences, Colonial experiences, e.g., excessive power in st. e.g., excessive power in st. legislatures legislatures need for strong need for strong exec.exec.E.E. Danger of one branch Danger of one branch combining forces with another combining forces with another

branch ---> checks and branch ---> checks and balances.balances.

II. Checks and BalancesII. Checks and BalancesA. Background.1. 18th century view of govt. as something to be restrained, and modern

view of govt. as something to be used for the common good.2. Fear of tyranny among Founders ---> distrust of govt. ---> checks and

balances as means of intentionally building inefficiency in order to prevent govt. abuse of power.

B. System of restraints in which each branch can check the other two. Reflects fear of tyranny.

C. Examples: veto, veto override, appointment and confirmation, treaty-making and ratification, defense funding and Commander-In-Chief.D. Political independence within each branch: no branch is dependent upon the other two for election (exception: judges are appt'd by President) and continuance in office (life terms for judges ameliorate presidential influence).E. Staggering of terms within each branch -> a majority of voters can gain control over one part of govt. at one time, e.g., midterm cong. elections can serve as a check on the exec.F. Modifications of checks and balances: examine if the following strengthen or weaken checks and balances.

Checks and BalancesChecks and Balances

II. Checks and BalancesII. Checks and Balances1.1. Political parties.Political parties.a.a. In theory, should weaken checks and In theory, should weaken checks and

balances -- a way of bringing the balances -- a way of bringing the branches of govt. together. branches of govt. together. Const. Const. divides govt., but parties bring divides govt., but parties bring people in govt. together.people in govt. together.

b.b. In reality, however, parties are In reality, however, parties are weak:weak:

Dominance of only 2 parties ---> Dominance of only 2 parties ---> each party has wide range of each party has wide range of interests ---> much disagreement interests ---> much disagreement within each party itself ---> difficult within each party itself ---> difficult to assert such strong controlto assert such strong control

c.c. Prevalence of Prevalence of divided govtdivided govt., i.e., a ., i.e., a Pres. of one party and a Cong. of the Pres. of one party and a Cong. of the other.other.

II. Checks and BalancesII. Checks and Balances2.2.Changes in voting methods.Changes in voting methods.a.a.Senators now chosen by Senators now chosen by

people.people.b.b.Congressmen also chosen Congressmen also chosen

by people.by people.c.c. Presidents chosen by Presidents chosen by

electors who vote as the electors who vote as the people have voted.people have voted.

-- Thus, members of two -- Thus, members of two branches essentially branches essentially chosen by same electorate chosen by same electorate ---> weakening of checks ---> weakening of checks and balances and balances in theoryin theory; ; however, split ticket voting however, split ticket voting has changed this.has changed this.

II. Checks and BalancesII. Checks and Balances3.3. Growth of federal Growth of federal

bureaucracy.bureaucracy.a.a. Development of numerous Development of numerous

agencies w/legislative, agencies w/legislative, executive, and judicial executive, and judicial functions.functions.

b.b. Congress often grants broad Congress often grants broad authority to agencies and authority to agencies and lets them carry out the lets them carry out the general will of Congress, general will of Congress, e.g., Congress established e.g., Congress established an IRS to collect taxes, and an IRS to collect taxes, and then granted the IRS then granted the IRS authority to help write the authority to help write the tax code, enforce the tax tax code, enforce the tax code, and settle disputes code, and settle disputes over the tax code.over the tax code.-- Thus, growth of -- Thus, growth of bureaucracy has caused a bureaucracy has caused a weakening of checks and weakening of checks and balances.balances.

II. Checks and BalancesII. Checks and Balances4.4.Changes in technology, e.g., Changes in technology, e.g.,

nukes, computers, fax nukes, computers, fax machines, satellite machines, satellite communications: Two views:communications: Two views:

a.a. President, Congress, interest President, Congress, interest groups, media have all been groups, media have all been able to take advantage of the able to take advantage of the new technologies ---> new technologies ---> strengthening of checks and strengthening of checks and balances.balances.

b.b.President has been especially President has been especially able to take advantage of able to take advantage of these ("electronic throne"), these ("electronic throne"), e.g., “staged event” of Bush e.g., “staged event” of Bush landing on an aircraft carrier landing on an aircraft carrier ---> weakening of checks ---> weakening of checks and balances.and balances.

II. Checks and BalancesII. Checks and Balances5.5. Emergence of U.S. as world Emergence of U.S. as world

power after WWII.power after WWII.a. Areas of "national a. Areas of "national interest" extend around the interest" extend around the world.world.

-U.S. is leader of free -U.S. is leader of free world. world.

-U.S. is only remaining -U.S. is only remaining superpower after Cold Warsuperpower after Cold War

b. With such heavy b. With such heavy responsibilities, any crisis responsibilities, any crisis seems to involve U.S. seems to involve U.S. somehow.somehow. ---> These ---> These responsibilities need to be responsibilities need to be dealt with in a strong and dealt with in a strong and efficient manner --->power efficient manner --->power has concentrated in has concentrated in executive branch ("imperial executive branch ("imperial presidency") ---> weakening presidency") ---> weakening of checks and balances.of checks and balances.

III. Limited GovernmentIII. Limited GovernmentLimited government: dilemma of Limited government: dilemma of

wanting a more effective wanting a more effective government, but also a limited government, but also a limited government that did not become government that did not become tyrannical.tyrannical.A.A. Constitutional government: Constitutional government: govt. has only those powers listed govt. has only those powers listed in Const. in Const.

B.B. Bill of Rights as a safeguard Bill of Rights as a safeguard against possible tyranny from a against possible tyranny from a new, strong, distant government. new, strong, distant government. Little fear of state govts, but great Little fear of state govts, but great fear of national govt. Amendment fear of national govt. Amendment 10 reflects view that states would 10 reflects view that states would have substantial powers: central have substantial powers: central govt. could exercise only those govt. could exercise only those powers delegated to it by the powers delegated to it by the Const. States would have all else.Const. States would have all else.

Free elections, but potential of Free elections, but potential of majority faction ---> Madison's majority faction ---> Madison's "auxiliary precautions.""auxiliary precautions."

IV.IV.Judicial review.Judicial review.A. Power of courts to strike down laws or A. Power of courts to strike down laws or

governmental actions.governmental actions.

B Not explicitly provided for in Const., but B Not explicitly provided for in Const., but Const. written in broad terms ---> need Const. written in broad terms ---> need for interpretation ---> this most logically for interpretation ---> this most logically falls to the courts.falls to the courts.

C.C. Established by Established by Marbury v. Madison, Marbury v. Madison, 18031803::1. Facts of case: the end of Federalist 1. Facts of case: the end of Federalist control of govt. and appointment of the control of govt. and appointment of the "midnight judges," including Marbury ---"midnight judges," including Marbury ---> Jefferson ordered Madison to not > Jefferson ordered Madison to not deliver commissions to these judges ---deliver commissions to these judges --->Marbury's request for a writ of >Marbury's request for a writ of mandamus (under Sect. 13 of Jud. Act. of mandamus (under Sect. 13 of Jud. Act. of 1789) from the Supreme Court to order 1789) from the Supreme Court to order the delivery of his commission.the delivery of his commission.2. Decision of Marshall and the Court: 2. Decision of Marshall and the Court: section 13 of Judiciary Act of 1789 section 13 of Judiciary Act of 1789 enabling the Court to issue a writ of enabling the Court to issue a writ of mandamus through original jurisdiction mandamus through original jurisdiction in this type of case was unconstitutional.in this type of case was unconstitutional.

IV.IV.Judicial ReviewJudicial Review3.3. Analysis.Analysis.a.a. Marshall ruled that the Court did Marshall ruled that the Court did

not have the authority to issue not have the authority to issue the writ, but he paradoxically the writ, but he paradoxically increased its power by increased its power by establishing establishing judicial reviewjudicial review when when the Court struck down section 13.the Court struck down section 13.

b.b. Jefferson couldn't complain Jefferson couldn't complain because the midnight judges because the midnight judges didn't receive their appointments, didn't receive their appointments, but he fumed because his enemy, but he fumed because his enemy, Federalist John Marshall, Federalist John Marshall, increased the power of the Court.increased the power of the Court.

Effects of judicial review: citizens Effects of judicial review: citizens can challenge constitutionality of can challenge constitutionality of laws in court by initiating laws in court by initiating lawsuits (example: Gideon v. lawsuits (example: Gideon v. Wainright, 1963) Wainright, 1963) litigation has litigation has become an important way of become an important way of making public policy.making public policy.

Chief Justice John Marshall

V.V. Changing the Constitution Changing the Constitution informallyinformally

A. Const. a framework ---> details to be filled in later.A. Const. a framework ---> details to be filled in later.B. Due to difficulties of formally changing Const., B. Due to difficulties of formally changing Const., informal ways developed:informal ways developed:

1. Acts of Congress (e.g., Judiciary Act of 1. Acts of Congress (e.g., Judiciary Act of 1789).1789). 2. Judicial rulings (e.g., Plessy v. Ferguson, 2. Judicial rulings (e.g., Plessy v. Ferguson, Brown v. BoardBrown v. Board, Texas v. Johnson, , Texas v. Johnson, Lawrence v. Texas).Lawrence v. Texas).

3. Presidential actions (e.g., police actions since 3. Presidential actions (e.g., police actions since WWII, executive privilege, impoundment).WWII, executive privilege, impoundment).

4. Customs and traditions (e.g., Cabinet, parties, 4. Customs and traditions (e.g., Cabinet, parties, committee system in Cong., senatorial courtesy, committee system in Cong., senatorial courtesy, legislative vetolegislative veto, presidential nominating conventions) , presidential nominating conventions)

“ “Constitution belongs to the living, not the dead” Constitution belongs to the living, not the dead” (Jefferson):(Jefferson):

Jefferson believed each generation might need new Jefferson believed each generation might need new Const.Const.

This hasn’t occurred because of the informal changes that This hasn’t occurred because of the informal changes that have allowed the Constitution to adapt to changing times.have allowed the Constitution to adapt to changing times.

VI.VI. Changing the Changing the Constitution formally, i.e. Constitution formally, i.e.

adding Amendments.adding Amendments.A.A. Legacy of Articles: Legacy of Articles: Unanimous vote to amend Unanimous vote to amend ----> impractical ---> ----> impractical ---> desire to make process desire to make process easier, but not too easy.easier, but not too easy.B.B. Reasons for recent Reasons for recent popularity of proposing popularity of proposing Amendments (e.g., Amendments (e.g., balanced budget, D.C.balanced budget, D.C.statehood, ERA).statehood, ERA).1. Dissatisfaction by 1. Dissatisfaction by interest groups with interest groups with court decisions, e.g., flag court decisions, e.g., flag burning decisionburning decision2. Gridlock in Congress.2. Gridlock in Congress.

VI.VI. Changing the Changing the Constitution formally, i.e. Constitution formally, i.e.

adding Amendments.adding Amendments.C.C. Process of amending reflects federal Process of amending reflects federal

system.system.1. Proposal.1. Proposal.a. 2/3 vote from both houses of a. 2/3 vote from both houses of

Congress (all done this way). No Congress (all done this way). No presidential veto possible.presidential veto possible.

b. Const. convention called by b. Const. convention called by Congress at request of 2/3 of Congress at request of 2/3 of

states --->serious implications and states --->serious implications and fears of such a gathering:fears of such a gathering:

1) Never used before.1) Never used before.2) Fear of "runaway" convention 2) Fear of "runaway" convention

that might get out of hand and that might get out of hand and implement wholesale changes in the implement wholesale changes in the Const.Const.

3) Disturbing questions: Will 3) Disturbing questions: Will convention stick to only the matter convention stick to only the matter

at hand? Will it take on other issues? at hand? Will it take on other issues? Who gets to be delegates? How are they Who gets to be delegates? How are they selected? How is representation among selected? How is representation among the states to be determined?the states to be determined?

VI.VI. Changing the Constitution Changing the Constitution Formally, i.e. adding AmendmentsFormally, i.e. adding Amendments

Ratification: 2 methods. Congress Ratification: 2 methods. Congress decides which shall be used.decides which shall be used.

a.a. 3/4 of state legislatures.3/4 of state legislatures.1) All but one (21st) done this way.1) All but one (21st) done this way.2) Most state legislatures ratify 2) Most state legislatures ratify w/simple majority, but some require a w/simple majority, but some require a "supermajority." (e.g., 3/5, 2/3, 3/4)"supermajority." (e.g., 3/5, 2/3, 3/4)b.b. Ratifying conventions in 3/4 of Ratifying conventions in 3/4 of states.states.

c. Amendment 21 done this way.c. Amendment 21 done this way. A more directly democratic way: A more directly democratic way:

people elect delegates who state their people elect delegates who state their positions on the proposed positions on the proposed amendment. Citizens are in essence amendment. Citizens are in essence casting their votes on the amendment casting their votes on the amendment by voting for the appropriate by voting for the appropriate delegates. Time limits for ratification: delegates. Time limits for ratification: generally 7 years (exception of ERA). generally 7 years (exception of ERA).

ORIGINS OF AMERICAN ORIGINS OF AMERICAN FEDERALISMFEDERALISM

FederalismFederalism: : constitutional division of constitutional division of power between the national govt. and power between the national govt. and state govts. Both get their powers state govts. Both get their powers from a Constitution, not each other.from a Constitution, not each other.

II.II.Reasons for federal system in U.S.Reasons for federal system in U.S. A. Unitary system (where a A. Unitary system (where a central central

governmentgovernment rather than a rather than a constitutionconstitution delegates power) was undesirable -- delegates power) was undesirable -- too reminiscent of British rule. Fear too reminiscent of British rule. Fear of strong, distant govt.of strong, distant govt.B. Confederate system undesirable -- B. Confederate system undesirable -- too reminiscent of Articles.too reminiscent of Articles.C. C. Allows unity, but not uniformity -- Allows unity, but not uniformity -- allows for differences among states.allows for differences among states.D. D. More suitable for geographically More suitable for geographically large nation -- allows for differences large nation -- allows for differences among states.among states.E. E. More suitable for heterogeneous More suitable for heterogeneous people -- allows for differencespeople -- allows for differences

Reasons for Federal System Reasons for Federal System in U.Sin U.S

F.F. More likely to check More likely to check tyranny:tyranny:

1. If tyranny occurred 1. If tyranny occurred in a few states, fed. govt. in a few states, fed. govt. could prevent its spread to could prevent its spread to others. (e.g., others. (e.g., Shays' Shays' RebellionRebellion))

2. National govt. has 2. National govt. has only those powers granted to only those powers granted to it -- all others belong to it -- all others belong to states through states through

Amendment 10Amendment 10..-- Cost of checking tyranny is -- Cost of checking tyranny is at times inefficiency, but at times inefficiency, but Founders more interested in Founders more interested in checking tyranny than in checking tyranny than in having a strong and effective having a strong and effective govt. that could run govt. that could run roughshod over the people's roughshod over the people's liberties.liberties.

Reasons for federal Reasons for federal system in U.Ssystem in U.S

G.G. Frees national govt. to Frees national govt. to concentrate on truly national concentrate on truly national matters.matters.

H.H. Frees states from excessive Frees states from excessive intrusion on strictly state/local intrusion on strictly state/local matters (but discuss problem of matters (but discuss problem of growth of federal mandates, and growth of federal mandates, and esp. esp. unfunded mandatesunfunded mandates).).

I. I. Encourages experimentationEncourages experimentation -- -- states as "laboratories" (e.g. states as "laboratories" (e.g. legalized gambling in Nevada has legalized gambling in Nevada has spread to other states, CA spread to other states, CA legalization of medical marijuana legalization of medical marijuana has been adopted by a few other has been adopted by a few other states)states)

J.J. Keeps govt. closer to peopleKeeps govt. closer to people. . Multiple points of access for Multiple points of access for citizenscitizens..

Dual FederalismDual Federalism1. Prevalent 1. Prevalent

through ~1937.through ~1937.2. State 2. State

governments and governments and national government each national government each remained supreme within remained supreme within their their own spheres.own spheres.

3. Powers and 3. Powers and policy assignments of the policy assignments of the layers of layers of

govt. were distinct, as in a govt. were distinct, as in a layer cake. layer cake.

4. Suggested that 4. Suggested that the powers of the national the powers of the national govt. should be govt. should be interpreted narrowly.interpreted narrowly.

Cooperative (“Marble Cooperative (“Marble Cake”) FederalismCake”) Federalism..

1. Prevalent since 1. Prevalent since ~1937.~1937.

2. Mingling of 2. Mingling of responsibilities between responsibilities between the the

state and national state and national govt.govt.

3. Sharing of powers 3. Sharing of powers and policy assignments, as and policy assignments, as in a marble cake.in a marble cake.

4. Suggests that 4. Suggests that powers of the national powers of the national govt. govt.

should be interpreted should be interpreted broadly.broadly.

New FederalismNew Federalism1. Shifting of 1. Shifting of

some authority from some authority from national national

govt. back to the govt. back to the states.states.

2. Associated with 2. Associated with Nixon, Reagan, and esp. Nixon, Reagan, and esp. associated with 104th associated with 104th and 105th Republican and 105th Republican Congress: “Devolution Congress: “Devolution

Revolution”Revolution”3. Example: use 3. Example: use

of block grants in of block grants in welfare welfare

reform bill of 1996.reform bill of 1996.

STRUCTURE OF AMERICAN STRUCTURE OF AMERICAN FEDERALISMFEDERALISM

I.I. National powers. National National powers. National govt. has 3 categories of govt. has 3 categories of powers that are delegated to powers that are delegated to it. Here are theit. Here are the categories of categories of the the delegated powersdelegated powers::

A. Expressed (enumerated): A. Expressed (enumerated): actually stated in the Const.actually stated in the Const.B. Implied: not stated B. Implied: not stated explicitly, but suggested explicitly, but suggested implicitly. implicitly.

Importance of elastic Importance of elastic clause.clause.C. Inherent: not stated C. Inherent: not stated explicitly, but held by the explicitly, but held by the national national

govt. by virtue of its being govt. by virtue of its being a national govt. Any govt. is a national govt. Any govt. is

entitled to certain foreign entitled to certain foreign policy powers such as policy powers such as diplomatic recognition, diplomatic recognition, acquiring territory, or acquiring territory, or defending defending

itself.itself.

STRUCTURE OF STRUCTURE OF AMERICAN FEDERALISMAMERICAN FEDERALISM

II.II. State powers: State powers: reservedreserved

A. A. Amendment 10 states Amendment 10 states that any powers not that any powers not granted to the national granted to the national govt. are reserved for the govt. are reserved for the statesstates..

B. Examples: B. Examples: establishing voting establishing voting requirements, running requirements, running elections, licensing elections, licensing professionals, protecting professionals, protecting community health, community health, establishing a vehicle establishing a vehicle code.code.

STRUCTURE OF STRUCTURE OF AMERICAN FEDERALISMAMERICAN FEDERALISM

III.III. Concurrent Concurrent powers.powers.A.A. Granted to Granted to Congress, but not Congress, but not denied by Const. or denied by Const. or courts to the states ---> courts to the states ---> held by both national held by both national and state govts.and state govts.B.B. Examples: taxing, Examples: taxing, borrowing, establishing borrowing, establishing court court

system, establishing system, establishing law enforcement law enforcement agencies.agencies.C.C. Questions of Questions of fed./state authority are fed./state authority are decided by courts.decided by courts.

STRUCTURE OF STRUCTURE OF AMERICAN FEDERALISMAMERICAN FEDERALISM

IV. National supremacy (Article IV. National supremacy (Article VI): VI):

national govt. supreme in case national govt. supreme in case of of

conflict.conflict.

STRUCTURE OF STRUCTURE OF AMERICAN FEDERALISMAMERICAN FEDERALISM

V. Obligations of V. Obligations of national govt. to the national govt. to the statesstatesA. Guarantee each A. Guarantee each state a republican state a republican form of govt.form of govt.B.B. Protect each Protect each state against invasion state against invasion or domestic or domestic violence.violence.C.C. Grant new states Grant new states the same rights as the same rights as other states.other states.

STRUCTURE OF AMERICAN STRUCTURE OF AMERICAN FEDERALISMFEDERALISM

VI. Obligations of state govts.

A. Full faith and credit clause: each state must honor the public acts, records and legal proceedings of other states, e.g., birth certificates, marriages, debts.

1. Four states (MA, VT, IA, CT) have legalized same-sex marriages.2. However, in the 1990s Congress passed the Defense of Marriage Act,

which allowed each state to define marriage, and in effect not recognize gay marriage if the state defined marriage as the union

of a man and a woman.B. Privileges and immunities clause: each state must grant to citizens of

other states the same rights and privileges that they grant to their own citizens, i.e., states cannot unreasonably discriminate against citizens of other states.

C. Extradition: Governors must return suspects to the states in which they allegedly committed their crimes.

D. Interstate compacts require consent of Congress.

DECENTRALISM (STATES' RIGHTS) V. DECENTRALISM (STATES' RIGHTS) V.

CENTRALISM (NATIONALIST)CENTRALISM (NATIONALIST) I. Decentralist (states' rights) approach.I. Decentralist (states' rights) approach.

A. Const. a compact created by states ---A. Const. a compact created by states ---> implies strong state authority.> implies strong state authority.B. Const. carefully limits national B. Const. carefully limits national authority to delegated powers.authority to delegated powers.C. C. 10th Amendment gives broad powers 10th Amendment gives broad powers to statesto states..D. When in doubt as to which holds a D. When in doubt as to which holds a power, matter should be resolved in power, matter should be resolved in favor of states.favor of states.E. Implies strict constructionist E. Implies strict constructionist approach to Constitutionapproach to ConstitutionF. National govt. has gotten too big and F. National govt. has gotten too big and impersonal.impersonal.G. State govts. are closer to the people.G. State govts. are closer to the people.H. Followers: Calhoun, Goldwater, H. Followers: Calhoun, Goldwater, Reagan, southern conservatives, western Reagan, southern conservatives, western conservatives, Christian conservatives, Christian

fundamentalists, Newt Gingrich, Bush fundamentalists, Newt Gingrich, Bush 4343

DECENTRALISM (STATES' RIGHTS) V. DECENTRALISM (STATES' RIGHTS) V. CENTRALISM (NATIONALIST)CENTRALISM (NATIONALIST)

II.II.Centralist (nationalist) approach.Centralist (nationalist) approach.A.A. Const. created by Const. created by peoplepeople ("We the people ..."), and not ("We the people ..."), and not the the states.states.B.B. Elastic, commerce, and taxing/spending clauses give Elastic, commerce, and taxing/spending clauses give great great power to national govt.power to national govt.C.C. Powers go to states only if they have been Powers go to states only if they have been surrendered by surrendered by national govt.national govt.D.D. When in doubt, matter should be resolved in favor of When in doubt, matter should be resolved in favor of national national govt.govt.E.E. Implies loose constructionist approach to Implies loose constructionist approach to Constitution.Constitution.F.F. Size of federal bureaucracy has remained relatively Size of federal bureaucracy has remained relatively constant for constant for last 40 years.last 40 years.G.G. While state govts. may be closer to people, some of While state govts. may be closer to people, some of those state those state govts. have violated people's basic rights (e.g., govts. have violated people's basic rights (e.g., South during first 70 years of 20th South during first 70 years of 20th century) -- national century) -- national govt. has been key protector of rights.govt. has been key protector of rights.H.H. Followers: Hamilton, Marshall, Webster, TR, FDR, Followers: Hamilton, Marshall, Webster, TR, FDR, JFK, LBJ, JFK, LBJ, Clinton, ObamaClinton, Obama

III.III. Triumph of nationalist Triumph of nationalist approach: McCulloch v. approach: McCulloch v.

Maryland, 1819Maryland, 1819A.A. Maryland attempted to tax a branch Maryland attempted to tax a branch of the Bank of the U.S.:of the Bank of the U.S.:

1. It argued that taxing was one of its 1. It argued that taxing was one of its

reserved powers.reserved powers.2. In addition, it argued that the 2. In addition, it argued that the

Bank Bank was unconstitutional, anyway.was unconstitutional, anyway.

B. The Court's decision (under Marshall):

1. Need for a more flexible interpretation of the Const. so that it would endure -> Bank was "necessary and proper" ---> establishment of implied powers.

2. "Power to tax involves power to destroy" ---> states clearly not free to destroy the national govt. ---> establishment of national supremacy.

IV.IV.Sources of National Sources of National Strength.Strength.

A. Elastic clause: Congress can pass laws “necessary and proper” to carry out expressed powers.

B.War powers.C. Commerce clause: virtually anything is interstate or foreign commerce

Congress can regulate virtually anything.D.Power to tax and spend for the “common defense and the general

welfare.” 1. While Congress cannot technically legislate on everything, it can

spend funds on virtually everything.2. States don't have to accept federal money, but if they do, they must

follow federal guidelines (e.g., fed. highway funds can be denied if a

state’s alcohol purchasing age is less than 21, fed. education funds

can be denied if states do not comply w/No Child Left Behind Act)

-- Federal "strings" attached to funding are ways in which the federal govt. can get its way on things.E. Preemption of state laws by fed. courts if laws in conflict w/Const. or

fed. laws.F. Imposition of federal mandates (some unfunded) on states

V.V. Recent Developments.Recent Developments.A. Evolution towards greater federal control throughout most of 20th

century.

B. Nixon's "New Federalism:" returning some power back to states.

Also favored by Reagan, both Bushes, and Republican Party in general

C. Republican victory in cong. elections of 1994 ---> Contract with America and devolution of power back to states:

1. Unfunded Mandates Reform Act of 1995 restricted future unfunded mandates.

2. Use of block grants to replace categorical grants.

1996 welfare reform bill that ended welfare as fed. entitlement. (Save details of this bill for tomorrow) Repeal of 55 m.p.h. speed limit.

V.V. Recent DevelopmentsRecent DevelopmentsE. Supreme Court actions consistent with devolution:

1.1. Struck down Gun Free School Zones Act in 1995 in US v. Struck down Gun Free School Zones Act in 1995 in US v. Lopez: Congress overextended itself when it linked gun Lopez: Congress overextended itself when it linked gun control laws to the interstate control laws to the interstate commerce clausecommerce clause of the of the Constitution. Constitution.

2.2. Struck down part of the Violence Against Women Act in US v. Struck down part of the Violence Against Women Act in US v. Morrison (2000), saying that rape victims could not sue their Morrison (2000), saying that rape victims could not sue their attackers in federal court because it was up to the states – not attackers in federal court because it was up to the states – not Congress – to give such help to women victimized by violence. Congress – to give such help to women victimized by violence. Again, the Court said that the Congress overextended itself Again, the Court said that the Congress overextended itself with the use of the with the use of the interstate commerce clauseinterstate commerce clause in passing the in passing the Act.Act.

3.3. Struck down Religious Freedom Restoration Act in 1993: This Struck down Religious Freedom Restoration Act in 1993: This act had restricted the power of the states to regulate religion -act had restricted the power of the states to regulate religion -> this ruling gave states greater authority to regulate religion. > this ruling gave states greater authority to regulate religion.

4.4. Struck down Brady Act in 1997 that required local law Struck down Brady Act in 1997 that required local law enforcement agencies to do background checks on gun buyers.enforcement agencies to do background checks on gun buyers.

5.5. Upheld an Indiana law that required photo ID for voting Upheld an Indiana law that required photo ID for voting (Crawford v. Marion County Election Board and Indiana (Crawford v. Marion County Election Board and Indiana Democratic Party v. Rokita, 2008)Democratic Party v. Rokita, 2008)

FEDERALISM AND FEDERALISM AND FEDERAL GRANTSFEDERAL GRANTS

As national govt. has As national govt. has grown more powerful, grown more powerful, it has used state and it has used state and local govts. to local govts. to administer programs administer programs that are federally that are federally funded ---> funded ---> development of federal development of federal grants to state and grants to state and local govts.local govts. Dollar Dollar amounts of these have amounts of these have consistently risen in consistently risen in last several decades, last several decades, though there has been though there has been variation in grants as a variation in grants as a percentage of federal percentage of federal expenditures.expenditures.

Purposes of Fed. GrantsPurposes of Fed. GrantsA.A. Reduces growth of fed. Reduces growth of fed.

bureaucracy -- fed. govt. bureaucracy -- fed. govt. simply provides money to simply provides money to

states and has states run states and has states run the the

programs (under fed. programs (under fed. guidelines, of course).guidelines, of course).

B.B. Supplies state and local Supplies state and local govts. w/needed revenue.govts. w/needed revenue.

C.C. Establishes minimum Establishes minimum fed. standards in fed. standards in important areas (air important areas (air quality, water quality)quality, water quality)

D. Equalizes resources D. Equalizes resources among rich and poor among rich and poor states.states.

Types of Fed. GrantsTypes of Fed. GrantsA.A. CategoricalCategorical..

1. 1. For specific For specific programsprograms (e.g., roads, (e.g., roads, airports, housing, bilingual airports, housing, bilingual education).education).

2. National govt. 2. National govt. agrees to pay a portion of agrees to pay a portion of the costs for these, and the costs for these, and states pick up the balance states pick up the balance --- ---

> these sometimes > these sometimes called "formula grants" called "formula grants" because grants are offered because grants are offered under a payment under a payment

formula (e.g., 80%-20%).formula (e.g., 80%-20%).3. States don't have 3. States don't have

to accept these, but if they to accept these, but if they do they must comply do they must comply w/fed. standards.w/fed. standards.

Types of fed. grants.Types of fed. grants.

B.B. Project.Project.

1.1. States apply for grants for States apply for grants for specific projects.specific projects.

2.2. "Grantsmanship:" state "Grantsmanship:" state competition for grants has led to competition for grants has led to development of the fine art of development of the fine art of “grant writing”“grant writing”

Types of fed. grants.Types of fed. grants.C.C. Block.Block.

1.Granted to 1.Granted to support a collection of support a collection of general programs (e.g., general programs (e.g., urban development, urban development, transportation) ---> transportation) ---> more state leeway in more state leeway in spending of the money.spending of the money.

2. Associate these 2. Associate these w/104th and 105w/104th and 105thth Republican Congress Republican Congress and devolution of power and devolution of power back to states.back to states.

D.D. Analyze these Analyze these types of grants from types of grants from centralist and centralist and decentralist positions.decentralist positions.

The Politics of Federal The Politics of Federal GrantsGrants

Democrats have generally favored greater funding, but with Democrats have generally favored greater funding, but with more “strings” associated with more “strings” associated with categoricalcategorical grants. grants.

Republicans have generally favored less funding, but with Republicans have generally favored less funding, but with fewer “strings” associated with fewer “strings” associated with blockblock grantsgrants. Welfare is an . Welfare is an example of this:example of this:

End to entitlement status of AFDC and federal guarantee of End to entitlement status of AFDC and federal guarantee of welfare checks with passage in 1996 of Personal welfare checks with passage in 1996 of Personal Responsibility and Work Opportunity Reconciliation Act Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Act of 1996)(Welfare Reform Act of 1996)

Welfare Welfare blockblock grants therefore replaced the welfare grants therefore replaced the welfare categoricalcategorical grants.grants.

Even as a block grant, the Welfare Reform act involved Even as a block grant, the Welfare Reform act involved federal “strings:”federal “strings:”

No fed. funds go to recipients who have not worked within 2 No fed. funds go to recipients who have not worked within 2 yrs.yrs.

No fed. funds go to recipients who have received fed. money No fed. funds go to recipients who have received fed. money > 5 yrs.> 5 yrs.

States must spend at least 75% of what they had previously States must spend at least 75% of what they had previously spent on welfare – this to avoid the “race to the bottom.”spent on welfare – this to avoid the “race to the bottom.”

The Politics of Federal The Politics of Federal GrantsGrants

An exception to the “fewer An exception to the “fewer strings” approach by the strings” approach by the Republican Party is its support Republican Party is its support of the No Child Left Behind Act of the No Child Left Behind Act of 2002: In order to receive of 2002: In order to receive federal funds for education, federal funds for education, states must:states must:

1. Adopt subject matter 1. Adopt subject matter standardsstandards

2. Test all students in grades 3-2. Test all students in grades 3-8 on those standards8 on those standards

3. Identify low-performing 3. Identify low-performing schools based upon that testingschools based upon that testing

4. Require low-performing 4. Require low-performing schools to develop improvement schools to develop improvement plansplans

5. Allow parents of students in 5. Allow parents of students in such schools that do not such schools that do not improve to transfer to other improve to transfer to other public schoolspublic schools

FEDERAL MANDATESFEDERAL MANDATES • Mandate: a federal Mandate: a federal

order imposed upon order imposed upon states. Examples: states. Examples: Americans with Americans with Disabilities Act.Disabilities Act.

• Various Various environmental acts, environmental acts, e.g., Clean Air Act, e.g., Clean Air Act, Clean Water ActClean Water Act

• Individuals with Individuals with Disabilities Disabilities Education ActEducation Act

FEDERAL MANDATESFEDERAL MANDATES

PurposesPurposes:: to meet a goal to meet a goal of the federal of the federal governmentgovernment

Mandates and Their Impact Mandates and Their Impact upon the states:upon the states:

• Financial burdens, esp. with Financial burdens, esp. with unfunded mandatesunfunded mandates, e.g., ADA , e.g., ADA has imposed large costs upon has imposed large costs upon states as they make states as they make “reasonable accommodations” “reasonable accommodations” for the disabled.for the disabled.

• State complaints about federal State complaints about federal heavy-handedness, e.g., if a heavy-handedness, e.g., if a state does not devise a plan state does not devise a plan and pay for the requirements and pay for the requirements of the Clean Air Act of 1990, of the Clean Air Act of 1990, the federal government will the federal government will impose its own plan upon the impose its own plan upon the state.state.

• State complaints about federal State complaints about federal blackmail, e.g., if a state blackmail, e.g., if a state doesn’t comply with the Clean doesn’t comply with the Clean Air Act standards, federal Air Act standards, federal funds can be withheld in funds can be withheld in other other programs.programs.

Republican Response to Republican Response to Mandates:Mandates:

*Unfunded Mandates Reform *Unfunded Mandates Reform Act of 1995 (part of Act of 1995 (part of Contract w/America) Contract w/America) restricted future restricted future unfunded mandatesunfunded mandates

*Required CBO to analyze *Required CBO to analyze impact of impact of unfunded unfunded mandatesmandates on states. on states.

*Requires separate *Requires separate congressional vote on congressional vote on bills that impose bills that impose unfunded mandatesunfunded mandates..

B. This is another B. This is another example of the example of the Devolution Revolution Devolution Revolution associated with the associated with the 104th Congress.104th Congress.

POLITICS OF AMERICAN POLITICS OF AMERICAN

FEDERALISMFEDERALISM I.I. Nonconstitutional reasons for triumph of Nonconstitutional reasons for triumph of

nationalist approach.nationalist approach.

A.A. Growth of U.S. in size and population ---> Growth of U.S. in size and population ---> large problems only national govt. could handle.large problems only national govt. could handle.

B.B. Problems tend to be more national (and Problems tend to be more national (and even international) in scope, e.g., pollution, even international) in scope, e.g., pollution, crime, global economy.crime, global economy.

C.C. Improved communication and Improved communication and transportation -- Washington D.C. not so far transportation -- Washington D.C. not so far away.away.

D.D. Historical developments (New Deal, WWII, Historical developments (New Deal, WWII, Great Society) created huge bureaucracies and Great Society) created huge bureaucracies and constituencies to support a strong fed. govt. constituencies to support a strong fed. govt. Once federal programs are started, they are Once federal programs are started, they are difficult to end because of the political support difficult to end because of the political support that has that has

developed for them.developed for them.

Backlash Against Big Backlash Against Big GovernmentGovernment

A.A. General consensus General consensus in late-70s that power of in late-70s that power of govt. had gone too far.govt. had gone too far.B.B. 4 of last 5 4 of last 5 Presidents have been Presidents have been "outsiders" (Carter, "outsiders" (Carter, Reagan, Clinton, Bush 43).Reagan, Clinton, Bush 43).C.C. Questionable Questionable effectiveness of some fed. effectiveness of some fed. programs, e.g., Great programs, e.g., Great Society programsSociety programs

D.D. Tax revolt (Prop 13, Tax revolt (Prop 13, Mondale's "pledge" to Mondale's "pledge" to raise taxes, Reagan tax raise taxes, Reagan tax cuts, Bush 41’s "read my cuts, Bush 41’s "read my lips," tax cuts even under lips," tax cuts even under Clinton, Bush 43 tax cuts).Clinton, Bush 43 tax cuts).

Backlash against big Backlash against big governmentgovernmentE.E.Reduction of Great Society-style Reduction of Great Society-style

fed. aid to cities, and restoration fed. aid to cities, and restoration of principle that states should take of principle that states should take on more responsibilities:on more responsibilities:

1. Reduction of 1. Reduction of categorical categorical grantsgrants..

2. Increased use of 2. Increased use of block block grantsgrants..

3. Reduction of fed. 3. Reduction of fed. regulations, e.g. granting of regulations, e.g. granting of waivers to states that want to waivers to states that want to experiment with welfare reform.experiment with welfare reform.

4. 1996 welfare reform bill 4. 1996 welfare reform bill that ended welfare as federal that ended welfare as federal entitlement.entitlement.

5. Restrictions on future 5. Restrictions on future unfunded mandatesunfunded mandates as part of as part of Contract with America.Contract with America.

Effects of New Federalism Effects of New Federalism and Devolution Revolution: and Devolution Revolution:

a mixed bag.a mixed bag.Clinton declared in 1996 that Clinton declared in 1996 that

“The era of big government “The era of big government is over.” Supporting is over.” Supporting evidence of this:evidence of this:

-Welfare reform bill,-Welfare reform bill,-Repeal of 55 m.p.h. -Repeal of 55 m.p.h.

limitlimit-Restrictions on -Restrictions on

future future unfunded unfunded mandatesmandates

-More -More block block grants/lessgrants/less categorical categorical grantsgrants..

Tax cuts under both Clinton Tax cuts under both Clinton and Bush 43and Bush 43

Effects of New Federalism Effects of New Federalism and Devolution Revolutionand Devolution Revolution

However, even Republican Congresses increased However, even Republican Congresses increased national power:national power:

1.1. 9-11 and an increase in big government to deal 9-11 and an increase in big government to deal with terrorism.with terrorism.

2.2. Wars in Afghanistan and Iraq led to huge military Wars in Afghanistan and Iraq led to huge military spending increases. Massive budget deficits spending increases. Massive budget deficits (>$500 billion) under Bush 43(>$500 billion) under Bush 43

USA Patriot Act of 2002 gave strong powers to USA Patriot Act of 2002 gave strong powers to national government to deal w/terrorismnational government to deal w/terrorism

NCLB Act imposed significant burdens upon NCLB Act imposed significant burdens upon states.states.

Addition of prescription drug benefit for Addition of prescription drug benefit for Medicare, a program that was/is already under Medicare, a program that was/is already under tremendous financial pressure.tremendous financial pressure.

Huge growth in congressional “earmarks:” pet Huge growth in congressional “earmarks:” pet projects that members of Congress set aside for projects that members of Congress set aside for their districts/states.their districts/states.

EffectsEffects

Economic crisis of 2008-2009 led to Economic crisis of 2008-2009 led to massive federal spending bills to massive federal spending bills to stimulate the economy and bail out failing stimulate the economy and bail out failing corporations. The 2009 deficit alone was corporations. The 2009 deficit alone was ~ $1 trillion, which was what the entire ~ $1 trillion, which was what the entire national debt was in 1980. Given this national debt was in 1980. Given this kind of spending, and given the renewed kind of spending, and given the renewed regulatory role of the federal government regulatory role of the federal government in the economy, it is difficult to say that in the economy, it is difficult to say that “the era of big government is over.”“the era of big government is over.”