unit 1 study guide

Chapter 1

1.1

Objectives:

• impeachment
• McCulloch v. Maryland (1819)
• democratic ideals
• popular sovereignty
• social contract (John Locke)
• judicial review

Impeachment

• congress has the power to impeach the president (and vp/other officers) for high crimes and misdemeanors, treason, or bribery
• a majority vote in the h.o.r is required to pass articles of impeachment
  • articles of impeachment: lists the charges against the officeholder
• impeached officers have trial before senate
  • chief justice of supreme court presides over voting
  • 2/3 majority vote is required to remove from office
• impeachment: the process of removing a president from office, with articles of impeachment issued by a majority vote in the h.o.r, followed by a trial in the senate, with a 2/3 vote necessary to convict and remove

McCulloch v. Maryland (1819)

• john marshall: most defining figure for federalism in 20th century; longest serving chief justice of supreme court (1801-1835)
• mcculloch v. maryland: emphasizes that the states and people ceded some of their sovereignty to the national government in ratifying the constitution
• overview:
  • several states (including maryland) passed laws to tax the second bank of the u.s. but bank officials in maryland refused to pay the state tax so the dispute went to the supreme court
  • marshall court ruled in favor of authority of national government with use of necessary and proper clause to emphasize the right of congress to establish a bank
• put emphasis on implied powers of government
  • implied powers: powers not specifically granted in the constitution to the government but are available due to necessary and proper clause
• necessary and proper clause: gives congress power to make “all laws which shall be necessary and proper for carrying into execution” other federal powers

Democratic Ideals

• democracy: power is held by the people
• key ideals of democracy:
  • equality: all citizens are equal under the law and have the right to participate in the political process
  • freedom: citizens have the freedom to express opinions, participate in political process, and make decisions about their own lives
  • representation: citizens elect reps who make decisions on their behalf and are accountable for the people
  • majority rule and minority rights: decisions are made by the majority of citizens (popular vote) but the rights of the minority are protected and opinions are taken into consideration
  • rule of law: all citizens and government institutions are subject to the law and the justice system

Popular Sovereignty

• sovereignty: the right of a government to rule
• popular sovereignty: the idea that the government’s right to rule comes from the people
  • representative government reflects popular sovereignty
• republicanism: authority of government comes from the people

John Locke & Social Contract

• john locke: english enlightenment philosopher
• social contract: people allow government to rule over them to ensure an orderly and functioning society
  • if government breaks the social contract by violating rights, the people have the right to replace the unjust government with a just one
• social contract influenced application of federalism and foundations of constitution
• social contract is based on the preservation of natural (inalienable) rights
  • natural rights: right to life, liberty, and property, which the government cannot take away
• the governed have the right to revolution

Judicial Review

• judicial branch: 3rd branch of government; responsible for interpreting the laws and resolving disputes
• judicial review: the power of the courts, especially the supreme court, to review and potentially invalidate laws and actions of the legislative and executive branches if they are deemed to be unconstitutional
• established (mostly) through marbury v. madison
  • marbury v. madison (1803): a Supreme Court decision that established judicial review over federal laws
• overview:
  • james madison refused to deliver the comissions for the midnight judges
  • marbury went to court for his commission
  • marshall court argued that when congress granted the court the authority “to issue writs of mandamus to public officers,” it was attempting to expand the scope of the original jurisdiction of the court, which congress cannot do
  • they determined that the court didn’t have the power to give him the commission

1.2

Objectives:

• democratic theories
• fed. no. 10
• republicanism
• representative government

Democratic Theories

• participatory democracy: aka direct democracy; people propose laws (initiatives) and vote directly for laws (referendums); no representatives involved
  • emphasized broad participation in politics and civil society
  • primarily used at local and state levels
• pluralist democracy: system in which no one group dominates politics and organized groups (interest groups) compete to influence policy
  • recognizes group-based activism by non-governmental interests
  • groups try to influence policy makers
  • the variety and volume of groups make policy making a slow process
  • constitution protects against the undue influence by bicameral legislature, electoral college, etc.
• elite democracy: elected representatives make decisions in their role as trustees
  • ex. house, senate, cabinet
  • trustees are skilled and wise

Federalist No. 10

• written by james madison as part of federalist papers
• addresses the problem of faction
  • faction: defined as (by madison) a group of citizens who have a common interest contrary to the rights and freedoms of other citizens/ the good of the community
• argues that a large and diverse (extended) republic is best equipped to prevent/subdue factions
• outlines the necessity of strong central government to control the effects of factions
• asserts that a federal system (power between government and states) is the best solution to factions and will ensure the preservation of liberty/protection of citizens’ rights

Republicanism

• republicanism: authority of government comes from the people
• very similar to popular sovereignty

Representative Government

• representative government: a system where citizens of a country vote for government representatives to handle legislation and rule the country on their behalf
• representatives are held accountable in free and fair elections that take place at frequent and regular intervals
• members of h.o.r stand election every 2 years; members of senate stand election every 6 years

1.3

Objectives:

• factions
• brutus no. 1
• fed. no. 51
• fed. vs. antifed.

Factions

• faction: a group of self-interested people who use the government to get what they want, trampling the rights of others in the process
• addressed in federalist no. 10
• factions were determined to only face complete elimination by unacceptable means; the government would have to resort to controlling its effects
• small factions: subdued by majority vote; may convulse society but will be unable to execute its violence under the forms of the constitution
• majority factions: harder to control; size of republic will prevent majority factions from spreading all over to form majority following

Brutus No. 1

• anonymous author; written in response to federalist papers
• argues against the ratification of the constitution based on the claim that it would lead to the concentration of power in the hand of few and the depletion of liberty
• asserts that if checks and balances are improperly defined in the constitution, the national gov. could abuse the power at the expense of the states
• argues that the constitution lacks a bill of rights to protect individual liberties (ex. freedom of speech)
• constitution is a threat to rights and freedoms of citizens and should not be ratified

Federalist No. 51

• written by madison as part of federalist papers
• addressed the concerns of tyranny in a government with majority control
• argued that preventing tyranny was possible with separation of powers within national government
• “you must first enable the government to control the governed; and in the next place oblige it to control itself”

@@Federalists v. Antifederalists@@

Chapter 2

1.4

Objectives:

• shays’s rebellion
• argument of confederate concerns
• argument of confed./constitution comparison
• argument of confed. on supremacy

Shays’s Rebellion

• overview:
  • rebels organized themselves by town and family; tried not to antagonize the local population; focused on courts (closing them down in the hopes of stalling the foreclosure process until a solution to the debt crisis could be achieved in the state legislature)
  • massachusetts government passed riot act (october 1786) which absolved officers from prosecution for killing rioters
  • massachusetts state militia was unable to calm riots; confederal congress couldn’t raise army under a.o.c; boston wealthy elites paid for it and rebellion was crushed
• exposed the weakness of the government under the a.o.c and called for strengthening federal government to prevent future uprisings

Confederate Concerns

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Confederation v. Constitution

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Confederation v. Supremacy

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1.5

Objectives:

• constitutional framers’ views
• amending the constitution
• ratification
• electoral college
• liberty v. security

@@Constitutional Framers’ Views@@

@@Amending the Constitution@@

Ratification (Compromises)

• virginia (big state) plan: proportional representation in bicameral legislation (lower house chosen by people; upper house chosen by state legislatures)
  • led by james madison
  • single one-term executive chosen by congress
  • congress choses judges
• new jersey (small state) plan: equal representation in unicameral legislature (state legislatures chose representatives)
  • led by william patterson
  • congress chose executives
  • executives appointed by judges
• great (connecticut) compromise: bicameral legislature with equal rep in upper house and proportional rep in lower house
  • created by grand committee (one delegate from each state)
  • bicameral legislature: lower house (h.o.r) and upper house (senate)
  • senate are elected by state legislatures
• 3/5th compromise: article 1, section 2, clause 3; each slave is counted as 3/5th a person
• slave trade compromise: article 1, section 9, clause 1; international slave trade/importation of slaved would be banned after 20 years in 1808

Electoral College

• electoral college: a constitutionally required process for selecting the president through slates of electors chosen in each state, who are pledged to vote for a nominee in the presidential election
• each state is allocated a number of electoral votes based on its representation in congress
  • one for each of its two senators
  • one for each member of the h.o.r
  • 3 votes guaranteed

@@Liberty v. Security@@

1.6

Objectives:

• separation of powers
• reserved powers
• enumerated powers
• implied powers
• checks and balances

Separation of Powers

Reserved Powers

Enumerated Powers

Implied Powers

Checks and Balances

Chapter 3

1.7

Objectives:

• federal funding
• grants in aid
• block grants
• categorial grants
• revenue sharing
• federalism
• concurrent powers

Federal Funding

Grants-in-Aid

• grants-in-aid: federal money provided to states to implement public policy objectives

Block Grants

• block grant: a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds
  • established by richard nixon in 1968 as a promise to roll back the expansion of the national government and return some power to the states
  • ronald reagan increased use of block grants for social welfare programs
• revenue sharing: when the federal government apportions tax money to the states with no strings attached
  • ended in 1986 to prevent mounting federal deficits
• devolution: returning more authority to state or local governments; decentralizing control and administration of programs
  • focused on social welfare programs
  • work opportunity reconciliation act (1996): devolved social welfare programs to states
    • replaced aid to families with dependent children act with temporary assistance for needy families

Categorial Grants

• categorial grants can:
  • encourage states to carry out national policy objectives
  • threaten states by withholding of funds if they don’t carry out policy objectives
  • act as a bribe to induce subnational governments to execute national policies
  • ex. national drinking age raised to 21 for block grant to provide transportation funds to states

Revenue Sharing

Federalism (Fiscal!)

Concurrent Powers

1.8

Objectives:

• us v. lopez (1995)
• mcculloch v. maryland (1819)
• supremacy
• 10th amendment
• 14th amendment

United States v. Lopez (1995)

• us v. lopez: the court's decision in lopez struck down a federal law creating gun-free school zones, which limited the power of the federal government in relation to the states
• overview:
  • lopez tried to sell an unloaded revolver for $44 but was caught and charged under texas state law to prohibit firearms in schools
  • charges were dropped but then he was charged with violating the federal gun-free school zones act of 1990
  • charges and act were dropped because act was deemed unconstitutional
  • act was on the premise of school zones being a part of commerce clause, but then anything would be considered commerce
  • “the possession of a gun in a local school zone is in no sense an economic activity that might substantially affect any sort of interstate commerce.”
• reversed the trend toward expanding national power and reaffirms state police powers under the 10th amendment

McCulloch v. Maryland (1819)

• mcculloch v. maryland: maryland tried to tax 2nd bank of us and marshall court told them no; reaffirmed the constitutionality of implied powers under the necessary and proper clause
• overview:
  • maryland (and other states) tried to tax the 2nd bank of the us but then bank officials in maryland refused to pay the state tax
  • marshall court declared in favor of the national government
  • put emphasis on the implied power of the congress and necessary and proper clause
• decision emphasizes that the states and people ceded some of their sovereignty to the national government in ratifying the constitution

Supremacy

10th Amendment

• 10th amendment: reserves powers not delegated to the national government to the states and the people; the basis of federalism
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14th Amendment

• 14th amendment: constitutional amendment that provides that persons born in the u.s are citizens and prohibits states from denying persons due process or equal protection under the law
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1.9

Objectives:

• apps of federalism

Applications of Federalism