Class Notes: Articles of Confederation, Constitutional Convention, Amendments, and Federalism

What is federalism, and why does the U.S. use it?

Federalism divides power between national and state governments, balancing authority to prevent tyranny and allow local responsiveness.

How does federalism prevent concentration of power?

By splitting authority, federalism limits any one level from dominating and allows states to address local needs independently.

How does federalism enhance citizen participation?

Citizens can engage in local, state, and federal governance, increasing democratic involvement at multiple levels.

How does federalism protect minority influence?

Local governments enable minority parties or groups to exert power in jurisdictions where they hold influence.

What is the significance of policy experimentation in federalism?

States act as "laboratories of democracy," testing policies that may be adopted nationally if successful.

What are the main disadvantages of federalism?

Complexity, duplication, unclear jurisdiction, and slow policy changes due to layered government structures.

What are expressed powers, and give examples.

Powers listed in the Constitution for Congress, e.g., coin money, declare war, regulate interstate commerce.

What are reserved powers, and why are they important?

Powers kept by states under the 10th Amendment, like education and public safety, preserving state sovereignty.

What are concurrent powers?

Shared powers between state and federal governments, e.g., taxation, law enforcement, and road construction.

What defines dual federalism?

"Layer cake" model; federal and state governments operate independently within their constitutional spheres.

What triggered cooperative federalism?

The New Deal; federal agencies collaborated with states, expanding federal powers using the Elastic Clause.

What is new federalism/devolution?

Since the 1980s, powers return to states with federal funding but more state discretion, emphasizing local control.

What is the Elastic Clause's role?

Allows Congress to pass laws necessary for executing enumerated powers, enabling expanded federal authority.

What does the Supremacy Clause establish?

Federal law overrides conflicting state laws, ensuring national uniformity.

How does the Commerce Clause define federal power?

Grants Congress power to regulate interstate trade, including channels, instrumentalities, and substantial economic effects.

What is the Full Faith and Credit Clause?

States must honor public acts, records, and judicial proceedings from other states.

How do Privileges and Immunities protect non-citizens?

Ensures equal rights in a state, preventing discrimination against residents from other states.

What does extradition require?

Fugitives must be returned to the state where a crime occurred upon capture.

How does the 10th Amendment reinforce federalism?

Powers not delegated to the federal government are reserved for states or the people.

How does the 14th Amendment affect state authority?

States must provide due process and equal protection, strengthening civil rights protections.

What is a constitutional amendment?

A permanent change or addition to the Constitution, reflecting societal or political evolution.

What is the Congressional method to amend the Constitution?

Two-thirds of both houses propose; three-fourths of states ratify via legislatures or conventions.

What is the state convention method for amendments?

Two-thirds of state legislatures call a convention; three-fourths of states must approve the amendment.

Why is amending the Constitution difficult?

Requires supermajorities, ensuring stability and preventing fleeting political trends from altering the Constitution.

What types of amendments exist?

Bill of Rights (1–10), suffrage, societal change (e.g., 13th, 14th, 18th, 21st), and government structure amendments.

How do informal constitutional changes occur?

Through court rulings, executive actions, and societal shifts expanding rights or federal programs.

Why are supermajorities important in amendment processes?

They ensure broad consensus and protect against hasty or partisan changes.

What was Shay’s Rebellion?

Farmers led by Daniel Shays attacked courts to stop foreclosures, revealing the Articles’ weakness in maintaining order.

How did Shay’s Rebellion influence government reform?

Exposed need for stronger central government, prompting the Constitutional Convention.

When and where was the Constitutional Convention?

Philadelphia, 1787; 55 delegates from 12 states aimed to strengthen federal power while balancing state interests.

Who is James Madison?

"Father of the Constitution," instrumental in drafting and advocating the new framework; Jefferson and Adams absent.

How does separation of powers prevent tyranny?

Divides government into legislative, executive, judicial branches to limit any single branch.

How do checks and balances work?

Each branch can constrain others, ensuring no branch dominates.

How does federalism prevent majority tyranny?

Citizens elect representatives indirectly; Senators chosen by legislatures, President via Electoral College.

How did the Constitution initially protect individual rights?

Limits on government powers (no nobility, ex-post facto laws) and later Bill of Rights added.

What was the Great Compromise?

Bicameral legislature: House by population, Senate equal per state, balancing large and small states.

How did the Three-Fifths Compromise affect representation?

Slaves counted as three-fifths for representation/taxation, easing sectional tension but delaying slavery resolution.

How is the Constitution structured?

Preamble, Articles I–VII, covering branches, state relations, amendments, supremacy, and ratification.

How did ratification debates unfold?

Federalists supported, Anti-Federalists opposed; 9/13 states approval needed, finalized 1790.

Why did the Articles of Confederation fail?

Weak central government, no tax power, equal state votes, hard amendments, poor economic/security management.

What issue arose in U.S. v. Lopez (1995)?

Congress exceeded Commerce Clause authority by banning guns in school zones, which was local, non-economic activity.

How did supporters justify GFSZA under commerce?

Argued gun violence impacts interstate commerce via costs, education disruption, and community safety.

How did opponents argue against GFSZA?

Gun possession near schools is local, non-economic, intrudes on state authority, and could create unlimited federal power.

What did the Supreme Court decide in Lopez?

5–4 ruled GFSZA unconstitutional; Congress can regulate only channels, instrumentalities, or activities with substantial economic effect.

What was the significance of Lopez?

First limit on Commerce Clause since 1937; reinforced federalism and state authority over local issues.

How was GFSZA amended after Lopez?

Law now requires proof gun affected interstate commerce; aligns with Commerce Clause, upholding federal regulation with direct connection.