Unit 1: Foundations of American Democracy

Basic principles of the Constitution

Federal Republic, Limited Government, Rule by Law, Popular Sovereignty, Separation of Powers, Checks and Balances, Flexibility

Participatory democracy

emphasizes broad participation in politics and civil society

Pluralist democracy

emphasizes group-based activism by nongovernmental interests striving for impact on political decision-making

Elite democracy

emphasizes limited participation in politics and civil society

Limiting the power of government

Republicanism, Separation of Powers, Checks and Balances, Federalism

social contract

all men agree to be governed for their own good and for the good of all

Separation of powers

keeping each branch separate prevents the mingling of power and a loss of liberty

The Federalist Papers

John Jay, Alexander Hamilton, James Madison

Limited Government

govt must be strong enough to maintain order and preserve property, but not so strong as to weaken liberties

Representative Democracy

republic and the social contract

Participatory Theory

Citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions, direct democracy

Pluralist Theory

Interest groups influence public policy, various groups bargain and compromise to achieve goals, public interest prevails

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

Elite Theory

Upper-class elite has more influence than everyone else because wealth is the basis of power – influence elections and control business,  little public participation, policies benefit those with money and power

Exclusive (Delegated) Powers

• Enumerated Powers: Powers given to the national government in the Constitution (Enumerated Powers Clause in Article 1, 2)

• Implied Powers: Powers of the national government that go beyond the enumerated powers –  Congress - ‘necessary and proper’ for carrying out enumerated powers

Reserved Powers

State powers reserved under the 10^th Amendment (not delegated)

Concurrent Powers

Powers shared by the national and state governments

Elastic Clause

Congress can pass all laws necessary and proper to carry out its powers

Ex: McCulloch v. Maryland - Bank of the U.S. - Implied Powers

Commerce Clause

Congress has the power to regulate interstate and foreign commerce

Ex: Gibbons v. Ogden - All commercial activity

Commerce Clause and Elastic Clause

Food and drug policy, radio signals, internet, working regulations, minimum wage, racial discrimination, highway construction, social welfare, environmental law

Dual Federalism

Both the national government and the state governments are supreme in their own sphere – early American history

Cooperative Federalism

State and federal govts share powers and policy assignments

Example: Education – National Defense Education Act, Elementary and Secondary Education Act, No Child Left Behind Act (NCLB), Common Core

Example: Transportation – Railroads – Land Grants, National Highway Act, American Recovery and Reinvestment Act

Shared Costs

Federal and State Funds, Matching Funds

Federal Guidelines

National Minimum Drinking Age Act of 1984, MADD and .08% bac, NCLB – Standardized Tests

Grants-in-aid

30% of state budgets

Federal 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 (Medicaid) vs. Unfunded Mandates (ADA,NCLB)

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

Block Grants

States get to decide how to spend the money- usually in a certain area – used to return power to the states

Devolution

Transferring responsibilities to state and local governments – Reagan

Ex: 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’s role in devolution

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