Unit 1 Review: Foundations of American Democracy/Federalism

Declaration of Independence (1776)

"Certain unalienable rights" = natural rights

"to secure these rights, governments are instituted among men" = social contract

"deriving their just powers from the consent of the governed" = popular sovereignty

List of grievances explaining sovereignty

U.S. Constitution

Establishes a centralized gov./ giving the federal gov more power but remaining a limited government with key features such as republicanism, federalism, separation of powers, and checks and balances.

Natural Rights

The government should not deny the inalienable rights people are born with. Life, liberty, and the pursuit of happiness.

Popular Sovereignty

People are the source of governmental power and authority. Consent of the governed.

Limited Government

Governmental power is restricted by the law (in the U.S. the Constitution restricts the power of the federal government). The government only has that power given (delegated) to it.

Social Contract

The people socially give up some of their rights in return for protection. If the government does not uphold their end of the contract, then the people can abolish and form a new government.

Republicanism aka Indirect Democracy aka Representative

The people do not directly make the policies, they elect representatives instead that will make the policies.

Models of Representative Democracies

Participatory

Pluralist

Elite

Participatory Democracy

A type of representative democracy that emphasizes broad participation and an active role for individual citizens to participate in politics and civil society. Such as protesting or voting to get their voices heard by those in government.

Pluralist Democracy

A type of representative democracy that is group-based activism striving to impact political decision making: individuals become more powerful as part of a group.

Contemporary Examples: Political parties, interest groups.

Elite Democracy

A type or representative democracy that emphasizes limited, or filtered citizen participation in politics and civil society; skeptical of the ability of citizens to make good decisions. Those who are the most wealthy and affluent has the most influence in government. The top 1%.

Contemporary Examples: Electoral College, Congressional Representation, Iron Triangles, Super PACs

Brutus No. 1

He argued against ratifying the Constitution and wanted power to be held by the people in smaller, more local governments. He wanted a small republic. Argued that an LG republic would not be able to take care of the general welfare of the people, and they feared that in an LG republic, the majority factions would deny the rights to minority factions. Participatory democracy is shown in the document.

Federalist No. 10

Argues for a large republic. Multiple groups (factions) compete for power. It is natural for people to form groups, and in a large republic, there will be so many groups that no single group will dominate policymaking. This is the best way to control factions and protect minority rights while maintaining a majority rule. Also, it said that taking care of the general welfare of the people would be a shared power responsibility between the federal and state. Pluralist democracy is shown in the document.

How does the Constitution reflect elite democracy?

Limited democracy (only the House of Reps was directly elected; established a republic. Indirect representation in congress (others represent us), Electoral College minimizes role of the public in policymaking.

Federalists

Supported the new Constitution, favored a stronger centralized government.

Federalist No. 10-A republic is superior to democracy because in a democracy, majority factions will tyrannize minorities.

Fear: Factions (groups with interests adverse to the rights of others) threaten the stability of the new nation.

Solution: A lg republic will lead to more factions, preventing one faction from having all the power, multiple competing groups forces compromise.

Anti-Federalists

Opposed the constitution, favored states' rights: demanded a Bill of Rights.

Brutus No. 1 : opposed ratifying the Constitution.

Fear: Fed. Gov. will tax excessively, oppressing the people; fed. gov. will destroy state governments; elastic clause & supremacy clause will give Congress absolute and uncontrollable power.

Solution: small republics, power should be held by people in smaller, more local governments.

Articles of Confederation

The 1st document of law. states were sovereign; each state had 1 vote in Congress; no executive or judicial branch (no checks & balances)

Congress could not: tax (could only request), regulate interstate commerce and it took all 13 states to amend. Decentralized government, intentionally created a weak national government.

Shay's Rebellion

Weak federal response that began shifting public opinion towards favoring a stronger central gov. and a new Constitution.

Compromises at the Constitutional Convention

1) Great Compromise

2) Electoral College

3) Amendment Process

4) 3/5 Compromise

5) Importation of Slaves

The Great Compromise (Connecticut)

A compromise at the constitutional convention that created a bicameral legislature. House (population, favored lg. states) and Senate (2 per state, favored sm states), revenue bills would originate in House

Electoral College

A compromise at the constitutional convention, this electorate body selects president: some wanted direct election by citizens, others wanted Congress to select president.

Amendment Process

A compromise at the constitutional convention, 2/3 both house of Congress propose, 3/4 of states ratify (or 2/3 states to propose, 3/4 states ratify)

3/5 Compromise

A compromise at the constitutional convention where slaves would count as 3/5 of a person for congressional representation purposes (southern states wanted slaves to count for this purpose, northern states didn't)

Importation of Slaves

Compromise at the constitutional convention where the slave trade couldn't be banned for 20 yrs (some wanted to abolish the slave trade, others wanted it legally protected)

Federalist No. 51

Argues for separation of powers, checks and balances; We need a government because people aren't perfect and we need to limit gov. because people in gov. aren't perfect either. "If men were angels, no government would be necessary." "Ambition must be made to counteract ambition." Madison argued that because Congress would be the strongest branch, having a bicameral legislature would serve as a check within a branch, leading to a slower, more deliberate lawmaking process.

Separation of Powers

Each branch is assigned specific powers, so each branch has limited power.

Checks and Balances

Each branch has the ability to limit/block/influence actions of other branches. Prevent one branch from having all the power.

Federalism

Division of power between national, state and local gov'ts.

Types of Federalism

1) Marble Cake (Cooperative Federalism)

2) Layered Cake (Dual Federalism)

3) New Federalism (Devolution)

4) Fiscal Federalism ($)

Delegated Powers Given to the Fed. Gov. by the Constitution

1) Enumerated (expressed) Ex: declare war, tax

2) Implied (necessary & proper clause, elastic clause)

Ex: build roads, bridges, dams etc.

3) Inherent Powers Ex: Jefferson purchasing the Louisiana Territory

Reserved Powers to the States

The 10th amendment reserves powers specifically for the states. Ex: Education healthcare, general welfare of the people, police powers, professional licenses.

Concurrent Powers

Powers shared between the federal and state governments. Ex: tax, borrow money, enact laws

Layered Cake (Dual Federalism)

A type of federalism where the states and federal gov'ts are each supreme in their own sphere of power, no overlapping or sharing of powers. The 10th amendment reflects this.

Marble Cake (Cooperative Federalism)

A type of federalism where the federal and states share responsibilities, costs, and administration of policies.

Revenue Sharing (no longer exists)

Where the federal government would provided federal $ to the states with little or no strings attached. Begin with Nixon administration and ended with Reagans administration.

Types of Mandates

1) Funded Mandate- Rules/policies of the federal gov. that the states must follow, and the federal gov. WILL pay for it.

2) Unfunded Mandate-Rules/policies of the federal gov. that the states must follow, and the federal gov. will NOT pay for it. Ex: Americans With Disabilities Act

Fiscal Federalism (Grant In Aid Programs)

Fiscal Federalism is federal $ granted to the states through grant in aid programs.

Types of Grant In Aid Programs:

Categorial Grants-federal $ given to the states for a specific purpose, may have requirements in order to get the money, states have less discretion on how to spend the $.

Block Grants-federal $ given to the states for a broad purpose or area, the states have more discretion on how to spend the $.

Expansion of Federal Government Power

The Commerce Clause (Gibbon's v. Ogden) defined commerce as any exchanging of goods and services across state lines, ultimately giving the federal government power over all business.

Necessary and Proper Clause (McCulloch v. Maryland)-The court ruled that the fed. Gov. could put a bank in a state because of the necessary and proper clause which expands the power of the federal government.

McCulloch v. Maryland (1819)

Expanded federal power, Congress has implied powers. Congress can establish a national bank based on the necessary and proper clause; a state cannot tax the federal gov. based on the supremacy clause.

United States v. Lopez (1995)

Limited the power of the Federal Gov. and their commerce clause powers; struck down federal Gun Free School Zones Act (unconstitutional, judicial review); 10th amend. creates a federal system that protects state power, the commerce clause does not give Congress endless power. Commerce has nothing to do with a gun in a school zone.

Articles in the Constitution

The 7 articles in the constitution is where you go find the powers delegated (given) to the federal government. (LEJSASR)

1. L- egislative Branch Powers

2. E-xecutive Branch Powers

3. J-udicial Branch Powers

4. S-tates Relationships: Full Faith & Credit Clause, Privileges & Immunity Clause

5. A-mendment Process

6. S-upremacy Clause

7. R-atification of the Constitution

New Federalism aka Devolution

The transferring of power and responsibilities from the Federal Government down to the State Governments. For Example: The Welfare Reform Act.