Types of Power Sharing

• Unitary -  local/regional govt derive their power from a strong national government

• Confederal - National government derive power from states 

• Federal - the national and state governments share power and derive the authority 

• Oligarchic - A form of government in which the right to participate depends on the possession of wealth, social status, military position, or achievement.

• Autocratic - absolute power is vested in a ruler (monarchy, tyranny, dictatorship) 

• Democratic - A system of government that gives power to the people, whether directly or through elected representatives.

Foundational Documents

• The U.S. Declaration of Independence - manifesto declaring official independence

  • Natural Rights (all men are created equal…life, liberty, and happiness)

  • Social Contract 

  • Separation of Powers

  • Limited govt

  • Freedom of thought and expression

  • Idea of revolution and resistance 

Articles of Confederation - 

1. Legislative Branch (unicameral) 

2. Levying taxes - state give what they can

3. Sovereignty - belongs to the states 

4. Passing laws - 9/13 states needed

5. Now power to tax or regulate trade  

6. Land Ordinance of 1785 and Northwest Ordinance of 1787

The U.S. Constitution - 

1. Limited govt

2. Republicanism (citizens must sacrifice for the greater good) 

3. Checks and Balances 

4. Federalism 

5. Separation of Powers

6. Popular sovereignty

Constitutional Articles - 

• Article 1: legislative branch 

• Article 2: executive branch 

• Article 3: the judicial branch 

• Remainder of articles are attempted to anticipate future problems 

• Article 4: Federal vs State Power

• Article 5: Amending the Constitution 

• Article 6: Constitution=supreme law of the land

• Article 7: Requirements for Ratification 

Federalist 10 - 

• Madison pointed out that the voters would not always succeed in electing "enlightened statesmen" as their representatives. The greatest threat to individual liberties would therefore come from factions within the government that might place narrow interests above broader national interests and the rights of citizens.

• Madison argued that the organization of the new government would minimize the effects of political factions 

• It created the "happy combination" of a national government too large for any single faction to control and several state governments that would be smaller and more responsive to local needs

Brutus 1 - 

• Since it was such a big republic, it couldn’t fairly regulate and impose laws that catered to each state 

Debate over Constitution

Federalists –   

• supported constitution and a stronger national government because a weak central government = no government 

Anti-Federalists –  

• opposed the constitution (supported states rights over federal power)  : fear of federal power derived from tyrannic rule of Great Britain where they felt they were not represented and their individual rights/liberties were infringed upon

 Debate over Ratification of the United States Constitution - 

• State politicians understandably feared a strong central government

• Farmers and other working-class people feared a distant national government

• Those who had accrued substantial debts during the economic chaos following the Revolutionary War feared that a new government with a new financial policy would plunge them into even greater debt. 

• Favoring the Constitution were wealthy merchants, lawyers, bankers, and those who believed that the new nation could not continue to exist under the Articles of Confederation

The 6 major principles of the Constitution

Popular Sovereignty - govt is authorized by citizens and they choose what the laws (subject to the will of the people) (people are the source of govt. power)

Federalism - the national and state governments share power and derive the authority from “the people”

Separation of Powers – 3 branches of government

Checks and Balances - a constitutionally mandated structure that gives each of the branches of govt some degree of oversight and control over the actions of the others 

Judicial Review - established through Marbury v Madison, supreme court has the  ability to declare a Legislative or Executive act in violation of the Constitution 

Constitutional Powers

Functions of US Government - 

• Legislative : make laws

• Executive: vested in president to make treaties, veto, enforce laws, act as commander in chief, lead a political party, nominate supreme court members

• judicial : court that adjudicates legal disputes 

Powers of the National Government (enumerated powers)  - 

• Collect taxes 

• Regulate interstate commerce 

• Coin money

• Establish post office 

• Provide for army/navy 

• necessary and proper clause (make laws)

• declare/conduct war

Enumerated (written in the constitution) -

• Collect taxes 

• Regulate interstate commerce 

• Coin money

• Establish post office 

• Provide for army/navy 

• necessary and proper clause (make laws)

• declare/conduct war

Implied - the powers of the national government derived from the enumerated powers and necessary and proper clause 

Inherent - powers that belong to the president because they can be inferred from the constitution 

Powers of the States’ Government (Reserved) (powers reserved for the states) - 

• Running election

• Ratifying amendments 

• Establish governments in the state 

• Intrastate commerce (regulate commerce within a state)

Concurrent Powers (shared powers with state and federal governments) -

• Tax

• Borrow money 

• Make and enforce laws

• Charter banks 

• Spend money for general welfare 

System of Checks and Balances - avoid overpower, one branch is not too powerful (separation of powers)

Federal system – system of govt in which the national government and state govt share power and derive all authority from the people  

Supremacy Clause (Article 6) - 

Federal government is the highest law in the land (superior to state powers)

Necessary and Proper (implied powers) (Elastic Clause) (Article 1, Section 8) - congress has the ability to enact laws that are necessary and proper; allows congress to pass laws that are enumerated 

Bill of Rights

The Bill of Rights - the first 10 amendments of the constitution that guaranteed specific rights and liberties (sought by antifederalists as a protection for individual liberties, they offered numerous specific limitations on the national government's ability; interfere with a wide variety of personal liberties)

1^st Amendment Freedoms - speech, press, assembly, religion, and right to petition the govt.

5^th Amendment Rights - refuse to answer questions about a crime and their refusal cannot be used against them in a criminal case

10^th Amendment Rights (reserved powers)- the powers not delegated to the national government are reserved to the states or to the people

Types of Democracy

Participatory - a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions. 

(i.e. school board, town hall) 

Pluralist: small organized groups make decisions; try to sponsor/support politicians in order to get beliefs and values addressed in govt. (i.e. National Rifle Association)

Elite -  small number of people who are wealthy and educated making decisions (i.e. electoral college)

Federalism

Dual Federalism (Layer Cake) -

• Having separate and equally powerful levels of government is the best arrangement 

• Emphasizes dividing state/national (do not mix)

• Spheres of power into separate judiciaries 

• Defines states rights 

• Limits national government power 

Cooperative Federalism (Marble Cake) (mixed together)- 

• Cooperation between state and federal governments

• Expands role of national government 

• categorical/ block grants 

Block Grants - 

Lets states use money as see fit 

Federal Grants (money) given more or less automatically to support broad programs

- grants given directly to state/local governments

- Basically states can do what they want with money (some limits, but not many) (A blank check)

Categorical Grants -

• Fed govt, distributes federal grants for a specific purpose  

• Force state behavior 

• Project grants, based on merit (i.e. socioeconomic) 

Supreme Court Cases

U.S. V Lopez - 

• 12th grader in Texas brough concealed weapon to school 

• Tried on 1990 Gun Free School Zone act

• Congress used commerce clause to pass act (congress clause: congress can regulate activities dealing with commerce)

• Court decision: Regulating guns does not fall under Congressional ability to regulate commerce 

• Federalism 10th amendment (states rights)

• Unconstitutional 

McCulloch vs Maryland - 

• Battle over bank of US : national bank is necessary and proper 

• Unanimous in favor of fed gov → supremacy clause 

• Expands power of national gov 

• Elastic clause