Unit 1

Topic 1.1 - IDEALS OF DEMOCRACY

Explain how democratic ideals are reflected in the Declaration of Independence and the U.S. Constitution - TARGET

I. Overview

A. The Enlightenment

1. The Framers of the Constitution lived in a period of intellectual ferment(excitement) known as the Enlightenment.

2. European political thinkers and writers challenged traditional views of the relationship between the people and their government.

3. Enlightenment ideas took root in the American colonies, where they became the dominant philosophical and political views of the time.

4. Leaders such as Benjamin Franklin, Thomas Jefferson, and James Madison used Enlightenment ideas to justify their opposition to the British government.

B. Declaration of Independence

1. Drafted by Thomas Jefferson with help from John Adams and Benjamin Franklin, the Declaration provides a foundation for popular sovereignty.

2. The Declaration of Independence announced and justified the revolution using Enlightenment philosophy. It explained how abuses by the too powerful British crown violated individual rights, justified the colonists’ separation from Britain, and defined the newly independent states’ relationship.

3. The Declaration of Independence also setup the foundation of American Ideals.

   a. Popular Sovereignty is established in the line “…deriving their just powers from the consent of the governed…” This line explain how a government's legitimacy and moral right to use state power is justified and lawful only when consented, or agreed to, by the people over which that political power is exercised.

   b. The idea that government should only be overthrown for large violations is established in this line“…governments long established should not be changed for light and transient causes…”

   c. In this line “all men are . . . endowed by their Creator with certain unalienable rights…” Jefferson claims that all people have natural rights. This is derived from John Locke’s philosophical argument that all people have the right to “life, liberty, and property.”

   d. In this line “…that all men are created equal…” Jefferson claims again that all men have natural rights that are given by birth.

C. American Revolution

1. American colonial leaders drew inspiration from Enlightenment philosophers who had argued for natural God-given rights and for a social contract between a democratic government and the people.

2. The American Revolution itself was essentially a conservative movement that did not drastically alter the colonists’ way of life. Its primary goal was to restore rights that the colonists felt were already there as British subjects.

D. U.S. Constitution

1. The U.S Constitution, drafted at the Philadelphia Convention and led by George Washington, with important contributions from Madison, Hamilton, and members of the “Grand Committee” provides a blueprint for a unique form of political democracy in the U.S.

E. Enlightenment Ideal influence the founding of the US

1. Ideals of Limited Government

   a. A limited Government is the view in political philosophy that a government, from a starting point of having no power, is empowered and restricted by law which is written in its constitution.

   b. CED Defn - Limited Government- A governments power cannot be absolute.

   c. The ideal of limited government is ensured by the interaction of these principles:

   1. Separation of Powers

   2. Checks and balances

   3. Federalism

   4. Republicanism

2. Natural Rights

   a. John Locke argued that people are born with “natural rights” that include “life, liberty, and property.”

   b. People form governments to preserve their natural rights. Government is therefore based on the consent of the governed.

   c. Because natural rights are superior to a government, governments should have limited power.

   d. Natural rights

   1. CED Defn - All people have certain rights that cannot be taken away.

   e. Locke - Life, liberty, and property

   f. Jefferson in Declaration of Independence - Life, Liberty and Pursuit of Happiness.

   g. Locke’s natural appears in several places in Constitution.

3. Popular Sovereignty

   a. In his Social Contract, Jean-Jacques Rousseau argued that the sovereign power in a state does not lie in a ruler. Instead, it resides in the general will of the community as a whole.

   b. Popular Sovereignty: A belief that the ultimate power resides in rule by the people. Without popular sovereignty, there is no democracy.

   c. In the federalist papers, James Madison referred to the people as the “Fountain of authority,” the root of all governmental power.

4. Republicanism

   a. A republic is a form of government in which the people select representatives to govern them and make laws.

   b. The above beliefs formed the bedrock of the political ideology known as republicanism.

   c. The lack of colonial representation in Parliament, taxation without consent, and subsequent infringements of liberty violated fundamental rights. This violation of the values of republicanism would be remedied by an independent, limited, and representative government based on the ideas of natural rights, popular sovereignty, republicanism, and social contract.

   d. In his Spirit of Laws, Charles de Montesquieu concluded that the ideal government separated powers among legislative, executive, and judicial branches. This system of divided authority would protect the rights of individuals by preventing one branch of government from gaining unrestricted control over the entire society.

F. Social Contract

1. Government is a contract in which rulers promise to protect the people natural rights.

2. Rulers are the servants of the community. If rulers betray the social contract, the people have a right to replace them.

Topic 1.2 - TYPES OF DEMOCRACY

Explain how models of representative democracy are visible in major institutions, policies, events, or debates in the U.S. - TARGET

Explain the theories of Participatory, Pluralist, and Elitist democracy shape the debate about the Constitution - TARGET

Enduring Understanding: - A balance between governmental power and individual rights has been a hallmark of American political development.

I. Types of Representative Democracies

A. Participatory Democracy

1. This form of democracy emphasis broad participation in politics and civil society.

2. Shortly after the financial collapse of 2008, the Occupy Wall Street protest movement designed itself along the guidelines of participatory democracy, using a bottom-up rather than top-down approach to formalizing policy, encouraging each member to participate both in person and on social media. However, its participatory nature made decision-making difficult and slow and action agendas hard to develop.

3. Ballot measures and referenda, used by many states, is another form of participatory democracy, where voters ultimately determined state policies on issues such as gun control, the death penalty, minimum wage, and bilingual education.

B. Pluralist Democracy

1. Pluralists recognizes group-based activism by nongovernmental interests striving for impact on political decision-making.

2. Interest groups raise and spend money in elections to ensure that people friendly to their ideas are elected. They send professional researchers and experts to testify at congressional committees hearings in hopes of shaping or stopping legislation important to their members.

C. Elite Democracy

1. The elite theory of democracy emphasizes limited participation in polities and civil society.

2. In an elite democracy, elected representatives make decisions and act as trustees for the people who elected them.

3. Elite democracy recognizes an inequity in the spread of power among the populace and that the elites—people with resources and influence—dominate. This theory suggests that individuals with the most time, education, money and access to government will have more influence than those less privileged.

D. Continued Debate

1. Different aspects of the U.S. constitution, as well as the debate between Federalist 10, and Brutus 1, reflect the tension between the broad participatory model and the more filtered participation of the pluralist and elite models.

2. The three models of representative democracy continue to be reflected in contemporary institutions and political behavior.

II. Federalist 10 and Brutus 1

A. Federalist 10: Madison & Pluralism

1. Madison claims humans are trifling; we love our factions.

   a. Factions are self-interested

   b. They are a consequence of our natural rights.

   c. Most common source is inequitable property distribution

   d. Factions destroy liberty

2. Government could control them or destroy them, but that destroys liberty, too.

3. The best way to minimize tyranny is through a federal republic.

4. Extend the sphere and make a marketplace where ideas compete to prevent tyranny.

5. Madison promotes an idea of Pluralist democracy

   a. Madison’s claim: The interest of citizens can best be protected when factions found in a large republic appoint representatives whose interest compete with other interest equally.

   b. Evidence Madison provides to support the claim: The majority in relatively small districts elect representatives. Representatives’ interest compete with other representatives’ interests nationally.

   c. Madison’s reasoning to justify his argument: Minorities are protected by likeminded representatives from other districts. More ideas means less likely to hurt minorities.

B. Brutus 1

1. Brutus 1 claims the Constitution cannot represent interests over such a large territory.

2. Brutus 1 quote Montesquieu who argues that geography influences:

   a. Culture

   b. Economy

   c. Politics

   d. And other aspects of human community

3. Therefore, geographical diversity can lead to major differences in interest.

4. “Small republics” are better than large ones as it is easier to know one’s interests, and interest are more homogenous.

5. Brutus 1 claim that such a variety of different interests would “contend with each other.” As such “A republic of such vast extent as the United-States, the legislature cannot attend to the various concerns and wants of its different parts.

6. Brutus 1 reasons for a Participatory democracy

   a. The authors claim: Small republics make it easier for the government to understand and act on behalf of citizens.

   b. Evidence authors uses to support their claim: The present thirteen states have nearly 3 million people and it will grow. The interests of these people is too varied.

   c. Reasoning used to justify the argument: Representatives cannot know the remote culture and interests of all-government. 

Topic 1.3 - GOVERNMENT POWER AND INDIVIDUAL RIGHTS

Explain how Federalist and Anti-Federalist views on central government and democracy are reflected in U.S. foundation documents. - TARGET

Enduring Understanding: - The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.

I. Views of Democracy

A. Federalists

1. Federalists included large landowners, wealthy merchants, and professionals.

2. They favored weaker state governments and a strong national government.

3. If the Constitution was adopted, they promised to add amendments specifically protecting individual liberties.

4. Federalist Papers

   a. The Federalist Papers were a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay in support of the Constitution.

   b. In the Federalist No. 10, James Madison argued that political factions are undesirable but inevitable.

   c. Madison’s arguments in Federalist No. 10 focused on the superiority of a large government in controlling the “mischiefs of faction,” delegating authority to elected representatives and dispersing power between states and the national government.

   d. Madison also refuted the widely held belief that a republican form of government would work only in a small geographically compact area. He argued that a large republic such as the United States would fragment political power and thus curb the threat posed by the non-wealthy majority.

B. Anti-Federalists

1. Anti-Federalists included small farmers, shopkeepers, and laborers.

2. They favored strong state governments and a weak national government.

3. The Anti-Federalists believed the Constitution to be a class-baed document intended to ensure that a particular economic elite minority controlled the new government.

4. They demanded a bill of rights to protect individual liberties.

5. Anti-Federalist writings, including Brutus No. 1, adhered to popular democratic theory that emphasized the benefits of a small centralized republic while warning of the dangers to personal liberty from a large, centralized government.

Topic 1.4 - CHALLENGES THE ARTICLES OF CONFEDERATION

Explain the relationship between key provisions of the Articles of Confederation and the debate over granting the federal government greater power formerly reserved to the states. - TARGET

Enduring Understanding: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.

I. Articles of Confederation

A. Purpose

1. The United States began as a confederation under the Articles of Confederation.

2. A constitution is a nation’s basic laws. It creates political institutions, allocates power within a government, and often provides guarantees to citizens.

3. The Articles of Confederation established “a firm league of friendship” with a weak national government. Each state retained its “sovereignty, freedom, and independence.”

4. The Articles created a unicameral Congress in which each state had one vote.

5. The Articles did not establish executive or judicial branches. Instead, congressional handled these functions.

B. Weakness

1. Specific incidents and legal challenges that highlighted key weaknesses of the Articles of Confederation are represented by:

   a. Lack of centralized military power to address Shay’s Rebellion

   b. Lack of an executive branch to enforce laws, including taxation.

   c. Lack of a national court system.

   d. Lack of power to regulate interstate commerce.

   e. Lack of power to coin money.

2. Shay’s Rebellion

   a. Frustrated Massachusetts farmers were losing their land because they could not pay debts in hard currency.

   b. The farmers demanded an end to foreclosures, relief from oppressively high taxation, and increased circulation of paper money.

   c. Led by Daniel Shay, rebellious farmers forced several judges to close their courts.

   d. Shay’s Rebellion helped convince key leaders that the Articles of Confederation were too weak and that the US needed a stronger central government that could maintain order, protect property, and promote commerce.

Topic 1.5 - RATIFICATION OF THE U.S. CONSTITUTION

Explain the relationship between key provisions of the Articles of Confederation and the debate over granting the federal government greater power formerly reserved to the states. - TARGET

Explain the ongoing impact pf political negotiation and compromise at the Constitutional Convention on the development of the constitutional system. - TARGET

Enduring Understanding: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government.

I. Necessary and Proper Clause

A. Article I, Section 8

1. Article I, Section 8, Clause 18 “necessary and proper clause” or elastic clause.

2. Under Article I, Section 8 of the Constitution, Congress has the power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department of Officer thereof.”

3. The necessary and proper clause has often been used to expand the powers of the national government

II. Compromises

A. Virginia Plan

1. It called for a bicameral legislature.

2. It called for representation in both houses based on each state’s population.

B. New Jersey Plan

1. It called for a unicameral legislature.

2. It called for equal representation regardless of a state’s population.

3. Small state delegates threatened to leave the convention. Gunner Bedford of Delaware spoke for the small state delegates when he warned that “Pennsylvania and Virginia wish to create a system in which they will have enormous and monstrous influence.”

C. Connecticut Plan

1. The divisive issue of representation threatened to dissolve the convention. “We were on the verge of dissolution,” wrote Oliver Ellsworth of Connecticut, “scare held together by the strength of a hair.”

2. Roger Sherman and William Johnson of Connecticut broke the deadlock by proposing a compromise.

3. The Connecticut Compromise called for a bicameral legislature, the House of Representatives would have representation.

4. The Connecticut Compromise continues to give less populous states a disproportionate influence in Congress.

5. The Connecticut Compromise continues to give less populous states a disproportionate influence in Congress.

   a. The 10 most populous states have a total of 20 senators to represent 53% of the U.S. population.

   b. The 10 least populous states have a total of 20 senators to represent 3% of the U.S. population.

D. Electoral College

1. One of the issues that divided the Congress was the method of choosing a chief executive.

2. The electoral College provided for an indirect method of choosing a President.

3. It was Established to pacify those who wanted an independent executive brach

E. Three-Fifths Compromise

1. The slave population was concentrated in the South, Over 90% of all slaves lived in Georgia, Maryland, North Carolina, South Carolina, and Virginia. Slaves accounted for 30% of the total population of these states. Southern delegates demanded the slaves be counted in determining representation in Congress.

2. Many Norther delegates opposed slavery. For example, Governor Morris of Pennsylvania called slavery “a nefarious institution. It is the curse of heaven on the states where it prevails.” Other northern delegates questioned how property could be a rule of representation. Eldridge Gerry of Massachusetts asked, “Why should the Blacks, who are property in the South, be in rule of presentation more than the cattle and horses of the North?”

3. The Framers agreed that all “Free persons” and “three-fifths of all other persons” should be counted for representation in Congress. The framers also agreed that the same formula would be used to determine taxation.

4. The Three-Fifths Compromise temporarily defused the tension between the North and the South.

   a. The Thirteenth Amendment ultimately abolished slavery, thus eliminating the Three-fifths compromise.

F. Slavery

1. Compromise on the Importation of Slaves

   a. The Slave Trade Compromise gave Congress the power to regulate interstate and foreign trade but it denied it the right to tax exports or interfere with the slave trade for 20 years.

   b. It placed limits on the importation of slaves from Africa.

2. Political Equality

   a. A few delegates favored universal manhood suffrage while others wanted to place property qualifications on the right to vote.

   b. Ultimately, they dodged the issue and left it to the states to decide.

III. Constitutional Change

A. Overview

1. Debates about self-government during the drafting of the Constitution necessitated the drafting of a amendment process in article V that entailed either a two-thirds vote in both houses or proposal from two-thirds of the state legislature with final ratification determined by three-fourths of states.

B. Formal Process

1. Methods of Proposal

   a. Two-thirds vote in both houses of Congress

   b. National Constitutional convention called by Congress at the request of the state legislatures (never been used)

2. Methods of Ratification

   a. Legislatures in three-fourths of the states

   b. Conventions in three-fourths of the states.

3. Key Points

   a. The procedures for formally amending the Constitution illustrate the federal structure of American government.

4. The procedure for formally amending the Constitution requires the support of super majorities in both congress and the state.

C. Informal Methods

1. Congressional Legislation

   a. Congress has passed a number of laws that both clarify and expand constitutional provision.

   b. The Judiciary Act of 1789 began the process of creating the federal court system we have today.

   c. Acts of Congress created the cabinet departments, agencies, and officers in the executive branch.

   d. Congress has passed a number of laws that have defined and expanded the Commerce Clause. For example, congressional regulations now cover railroad lines, air routes, and internet traffic. In addition, Congress used the Commerce Clause to ban discrimination in public accommodations.

2. Executive Actions

   a. Presidents have used their power as commander-in0chief of the armed forces to send troops into combat without a declaration of war

   b. An executive agreement is a pact made by the President with the head of a foreign state. Unlike treaties, executive agreements do not have to be ratified by the Senate. Presidents often use executive agreements to circumvent the formal treaty-making process described in the Constitution.

3. Judicial Decisions

   a. Judicial Review is the power of the Supreme Court to determine if actions of Congress and the President are in accord with the Constitution.

   b. Judicial review is not specifically described in the Constitution

   c. The Supreme Court claimed the power of judicial review in Marbury v. Madison in 1803.

4. Party Practices

   a. Political parties are not mentioned in the Constitution. In fact, the Framers warned of what George Washington called {the baneful effects of the spirit of party.”

   b. Since the 1830s, political parties have held conventions to nominate candidates for President. As a result, the Electoral College has become a “rubber stamp” for popular vote in each state.

   c. Political parties now determine how congressional committees are organized and led.

5. Unwritten Traditions

   a. According to the Constitution, the President has the power to nominate federal judges who are approved by the Senate.

   b. The unwritten tradition of Senatorial courtesy requires the President to first seek the approval of the senator or senators of the President’s party from the nominee will serve.

IV. Issues and the Constitution

A. Unresolved Issues

1. The compromised necessary to secure ratification of the Constitution left some matters unresolved that continue to generate discussion and debate today.

2. The debate over the role of the central government, the powers of the state governments and the rights of individuals remains as the heart of present-day constitutional issues about democracy and governmental power, as represented by debates about government surveillance resulting to the federal government’s response to the 9/11 attacks and the debate about the role of the federal government in public school education.

B. The Preamble

1. “We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America.”

2. The Preamble defines the following six goals:

   a. “to form a more perfect union” - They hoped to construct a stronger and more effective government then the Articles of Confederation.

   b. “establish justice” - Form, or create, a better system of courts and trial system.

   c. “ensure domestic tranquility” - Keep peace between the different states.

   d. “provide for the common defense” - Defend the nation from threats and others that will do the nation harm or evil.

   e. “promote the general welfare” - Guard the right of the people to work for a high standard of living, or good living conditions.

   f. “secure the blessings of liberty to ourselves and our posterity.” - Safeguard the same freedom for themselves and generations of Americans to come.

C. Articles

1. Article I - Outlines the Legislative Branch.

2. Article II - Outlines the Executive Branch.

3. Article III - Outlines the Judicial Branch.

4. Article IV - The rules for and relationships between the states.

5. Article V - States the rules and procedures for amending the Constitution.

6. Article VI - Declares that the Constitution is the Supreme law of the land.

7. Article VII - Outlines the process for ratifying, or approving, the Constitution

D. Amendments

1. The Bill of Rights - The first ten amendments

2. Additional Amendments - Amendments 11 through 27

Topic 1.6 - PRINCIPLES OF AMERICAN GOVERNMENT

Explain the constitutional principles of separation of powers and checks and balances - TARGET

Explain the implications of separation of powers and checks and balances for the U.S. political system - TARGET

Enduring Understanding: The Constitution created a competitive policy-making process to ensure the people’s will is represented and that freedom is preserved.

I. Separation of Powers and Checks and Balances

A. Separation of Powers

1. The Constitution calls for a national government with legislative, executive, and judicial branches.

2. Legislative Branch

   a. Article I of the Constitution called for a bicameral Congress consisting of two chambers—a House of Representatives and a Senate.

3. Executive Branch

   a. Article II of the Constitution called for an executive branch led by a President chosen by an electoral college.

4. Judicial Branch

   a. Article III of the Constitution called for judicial branch with a Supreme Court as the highest court of the national government.

B. Checks and Balances

1. Purpose

   a. The three branches, however, are not completely seperate. Instead they are tied together by an elaborate system of checks and balances that are designed to implement the Framers’ goal of setting power against power to thwart tyranny and restrain irresponsible majorities.

   b. The powers allocated to Congress, the president, and the courts demonstrate the separation of powers and checks balances features of the U.S. Constitution.

2. Examples

   a. Legislative and Executive

   1. Congress has the power to make laws, but the President may veto, or reject, an act of Congress.

   2. Congress can override a presidential veto by a two-thirds vote in each house.

   3. The President negotiates treaties that must be ratified by the senate.

   4. The Senate has the power to confirm or reject the president’s nominations to the Supreme Court.

   5. The House of Representatives may, by a two-thirds vote, convict and remove the President.

   b. Legislative and Judicial

   1. The Senate has the power to confirm or reject nominations to the supreme court.

   2. The Supreme Court can use its power of judicial review to declare laws unconstitutional.

   3. Congress can propose a constitutional amendment to reverse a Supreme Court ruling.

   4. The House of Representatives may, by majority vote, impeach Supreme Court justices. The Senate may, by a two-thirds vote, convict and remove Supreme Court justices.

   c. Executive and Judicial

   1. The President has the power to nominate justices to the Supreme Court.

   2. The Supreme Court can use judicial review to declare presidential acts unconstitutional.

3. Consequences

   a. Impeachment, removal, and other legal actions taken against public officials deemed to have abused their power reflect the purpose of checks and balances.

   b. The system of checks and balances slows change and encourages compromise.

   c. The system of checks and balances means that the three branches are not completely independent.

   d. Multiple access points for stakeholders and institutions to influence public policy flows from the separation of powers and checks and balances.

C. Limitations on the Majority

1. Excessive Democracy

   a. Majority rule is one of the hallmarks of a democratic system of government. However, leading Framers such as James Madison and Alexander Hamilton feared that the majorities could abuse their power.

   b. Federalist 51 explains how constitutional provisions of separation of powers and checks and balances control abuses by majorities.

   c. The Framers did not favor a direct democracy. They chose a republic, a system based on the consent of the governed in which power is exercised by representatives of the public.

   d. The unruly mobs in Shays; Rebellion and the radical legislators in Rhode Island provided ample proof of the dangers posed by “excessive democracy.”

   e. To thwart tyranny by the majority, the Madisonian model, as it was called, kept most the government beyond the power of majority and minority cations.

   f. Only the House of Representatives was to be directly elected.

2. Examples

   a. Insulated Senate

   1. The Framers viewed the Senate as a bulwark against irresponsible majorities in the House of Representatives.

   2. State legislatures originally chose senators. This practice was later changed when the Seventeenth Amendment established the direct election of senators by popular majorities.

   3. The staggered term of service in the Senate made it more resistant to popular pressures.

      a. Staggered elections are elections where only some of the places in an elected body are up for election at the same time.

      b. United States Senators have a six-year term but they are not all elected at the same time. Rather, elections are held every two years for one-third of Senate seats.

   4. The Framers believed that the Senate would check popular passions expressed in the House of Representatives. George Washington later explained this function to Thomas Jefferson when he asked, “Why did you pour that coffee into your saucer?” “To cool it,” Jefferson replied. “Even so,” said Washington,”we pour legislation into the senatorial saucer to cool it.”

   b. Independent Judiciary

   1. The judicial branch is insulated from popular control.

   2. Federal judges are appointed by the President and confirmed by the Senate.

   3. Federal Judges serve until they resign, retire, or die in office. They can be removed from office only through the impeachment process.

   c. Indirectly Elected President

   1. The President is not directly elected by the popular vote.

   2. Instead, the Framers created an electoral college comprised of electors who would then choose a “distinguished charter of considerable reputation.” However, the electors are not “rubber stamps” who follow the popular majority in their states.

Topic 1.7 - RELATIONSHIP BETWEEN THE STATES AND FEDERAL GOVERNMENT

Explain how societal needs affect the constitutional allocation of power between the national and state governments. - TARGET

Enduring Understanding: Federalism reflects the dynamic distribution of power between national and state governments.

I. Arrangements of National and State Governments

A. Unitary Government

1. This is a centralized system of government in which all power is vested in a central government.

2. The Framers ruled out a unitary system of government because the American Revolution had been fought against a distant central government in London.

3. Most nations in the world today have unitary governments, including the world today have unitary governments, including the UK, France, and China.

B. Confederation

1. This is a decentralized system of government in which a weak central government has limited power over the states.

2. The United States began as a confederate government under the Articles of Confederation.

3. The Framers agreed that the confederate system of government under the Articles of Confederation proved to be too weak to deal with the new nation’s myriad problems.

4. The United Nations is a modern example of a confederation.

C. Federalism

1. This is a system of government in which power is divided by a written constitution between a central government and regional governments. As a result, two or more levels of government have formal authority over the same area and people.

2. The Framers chose to balance, order and frame by creating a federal system that assigned powers to the national government, while reserving other powers for the states.

3. The procedure for amending the constitution illustrates the federal structure of American government,

4. The United States, Mexico, Canada, Germany, and India all have federal systems of government. There are only 11 countries with a federal system.

II. National and State Powers

A. Expressed Powers

1. The exclusive and concurrent power of the national and state governments help explain the negotiations over the balance of power between the two levels.

2. Also called enumerated powers, these are specifically granted to the federal government by the Constitution.

3. Article I, Section 8 lists 18 separate clauses that enumerate 27 powers to Congress. Article II Section 2 assigns the President several expressed powers. Article III grants “the judicial power of the United States” to Supreme Court. And finally, several amendments contain expressed powers. For example, the Sixteenth Amendment gives Congress the power to levy an income tax.

4. Key enumerated powers include the power to regulate interstate and foreign commerce, the power to tax and spend, and the power to declare war.

B. Implied Powers

1. These are not expressly stated in the Constitution.

2. Implied powers are derived from Article I, Section 8, Clause 18. Known as the elastic clause or the necessary and proper clause, this key provision gives Congress the power “to make all laws which shall be necessary and proper for carrying into execution the forgoing powers and all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.”

3. The necessary and proper clause enables the national government to meet problems the Framers could not anticipate. It thus ensure the growth of national power by enabling the federal government to extend its powers beyond those enumerated in the Constitution.

C. Inherent Powers

1. Inherent powers derive from the fact that the United States is a sovereign nation.

2. Under international law, all nation-states have the right to make treaties, wage war, and acquire territory.

D. Reserved Powers

1. These are held solely by the states.

2. The Tenth Amendment States, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are “reserved to the states respectively, or to the people.”

3. Reserve Powers also include licensing doctors, establishing public schools, and establishing local governments. Reserve powers also include the police power—the authority of a state to protect and promote the public morals, health, safety, and general welfare.

E. Concurrent Powers

1. These are exercised by both national and state governments.

2. Concurrent powers include the power to tax, borrow money, and establish courts.

F. Prohibited Powers

1. These are denied to the national government, state governments, or both.

2. For example. the federal government cannot tax exports, and states, cannot make treaties with foreign countries.

III. Intergovernmental Regulations

A. Dual Federalism

1. This is a system of government in which the national and state governments remain supreme within their own spheres. For example, the national government is responsible for foreign policy, while the states have exclusive responsibility for the public schools.

2. Dual federalism is often called “layer cake” federalism. It characterized the relationship between the advent of the New Deal during the 1930’s.

B. Cooperative Federalism

1. This is a system of government in which the national and state governments work together to complete projects. For example, the interstate highway program features a partnership in which national and state governments share costs and administrative duties.

2. While the state and federal governments share the costs and administration, the state must follow federal guidelines.

3. Cooperative federalism is often called “marble cake” federalism because of the blurred distinction between the levels of government.

IV. Fiscal Federalism

A. Overview

1. Fiscal federalism refers to the pattern of spending, taxing, and proving grants in the federal system. All fiscal federalism is cooperative.

2. The distribution of power between federal and state governmnetts to meet the needs of soceiety changes, as reflected by grants, incentives, and aid programs, including federal revenue sharing, mandates, categorical grants and block grants.

3. Revenue sharing refers to policies under fiscal federalism the require both national and local funds for projects.

4. Grants-in-aid are the main instrument the national government uses to both aid and influence states and localities.

B. Categorical Grants

1. These are made for specific, clearly defined purposes.

2. Examples include money spent to build interstate highways and wastewater treatment plants.

3. Categorical grants increase the power of the national government because states must comply with regulations. Much federal regulation is accomplished by the “Strings” that are attached to categorical grants, such as nondiscrimination provisions.

4. State and local agencies can obtain categorical grants only by meeting certain qualifications and by applying for the grants.

5. The most common type of categorical grant is a project grant, awarded on the basis of competitive applications.

6. Formula grants are distributed according to formula based on factors such as population, per capital income, and percentage or rural population.

C. Block Grants

1. These are made for broadly defined purposes.

2. Block grants give states broad discretion in how the money will be spent.

3. Examples include money given to the states for homeland security and development.

D. Mandates

1. A mandate is a rule telling states what they must do to comply with federal guidelines.

2. Civil rights and environmental protection are the most common mandates. For example, state programs may not discriminate against people because of their race, sex, age, or ethnicity.

3. For example, the 1968 Handicapped Children’s Protection Act required public schools to build access ramps and provide special buses.

4. An unfunded mandate requires state and local governments to provide services without providing resources for these services, but the act did not provide federal funds to pay for these additions.

Topic 1.8 - CONSTITUTIONAL INTERPRETATIONS OF FEDERALISM

Explain how the appropriate balance of power between national and state governments has been interpreted differently over time. - TARGET.

Enduring Understanding: Federalism reflects the dynamic distribution of power between national and state governments.

I. Growth of Federal Authority

A. Supremacy Clause

1. Located in Article VI of the Constitution, the supremacy clause asserts the authority of the national government over the states.

2. It declares the U.S. Constitution and national laws to be the supreme law of the land.

3. In cases of discrepancy, federal laws usually supersede state laws.

4. The necessary and proper clause, commerce clause, Civil Rights Act of 1964, categorical grants, and federal mandates have all increased the power of the federal government relative to the states.

B. Commerce Clause

1. The commerce clause has played a key role in the expansion of federal power.

2. The national government now regulates a wide variety of commercial activities including radio signals, telephone messages, and financial transactions.

C. McCulloch v. Maryland (1819)

1. Background

   a. Congress chartered the 2nd National bank in 1816.

   b. In 1818, the Maryland legislature passed a law imposing a substantial tax on the operation of the Baltimore branch of the bank.

   c. James McCulloch, cashier of the Baltimore branch, refused to pay the tax.

   d. When the Maryland state courts ruled against him, McCulloch appealed to the U.S. Supreme Court.

2. Constitutional Questions

   a. Does the Constitution permit Congress to Charter a bank?

   b. Does a state have a constitutional right to tax an agency of the federal government.

3. Ruling

   a. Led by Chief Justice John Marshall, the Supreme Court ruled that creating a national bank was within the implied powers of Congress. Marshall acknowledged that the work “bank” is not in the Constitution. However, the Constitution does specifically grant Congress the power to impose taxes, issue a currency, and borrow money. Although the Constitution does not specifically enumerate creating a bank, it does grant Congress the power to “make all laws necessary and proper for carrying into execution the foregoing powers.” Congress may thus reasonably decide the chartering a national bank is “necessary and proper” way to carry out its expressed powers.

   b. The Court also held that the Maryland law was unconstitutional because it violated the principle of the supremacy of the national government over the states. Marshall ruled that “the government of the United States, though limited in its power, is supreme within its sphere of action.”

4. Significance

   a. McCulloch v. Maryland confirmed the right of Congress to utilize implied powers to carry out its expressed powers.

   b. Federal programs to build interstate highways, regulate labor-management relations, and inspect food and drugs are all justified as implied powers of Congress.

   c. The decision validated the supremacy of the national government over the states by declaring that states cannot interfere with or tax the legitimate activities of the federal government.

D. Gibbons v. Ogden (1824)

1. Background

   a. The New York legislature granted Aaron Ogden an “exclusive license” to run a ferry service on the Hudson River between New York and New Jersey.

   b. Thomas Gibbons obtained a license from the federal government to operate a competing New York-New Jersey ferry service.

   c. Ogden claimed that Gibbons infringed on the monopoly rights granted to him by the New York Legislature.

   d. When the New York courts ruled against him, Gibbons appealed to the U.S. Supreme Court.

2. Constitutional Questions.

   a. Did the New York law violate the Constitution by attempting to regulate interstate commerce?

   b. Does Congress have the exclusive right to regulate interstate commerce?

3. Ruling

   a. Led by Chief Justice John Marshall, the Supreme Court defined all commerce as all commercial business dealing. Commerce thus includes the production, buying, selling, renting, and transporting of goods, services, and properties.

   b. Because Congress regulates all interstate commerce via the Commerce Clause, the Court upheld Gibbons’ right to operate a ferry service in competition with Ogden, as they were transporting people and goods between two states.

   1. Commerce Clause gives Congress the right “TO regulate commerce with foreign nations, and among the several states, and with the Indian tribes”

4. Significance

   a. Marshall’s broad definition of commerce enabled Congress to promote economic growth by supporting the construction of roads, canals, and railroad lines.

E. States’ Rights

1. Advocates of states’ rights claim that the Tenth Amendment means that the national government has only those powers specifically enumerated in the Constitution.

2. John C. Calhoun of South Carolina argued that a state can nullify or refuse to recognize an act of Congress that it considered unconstitutional. The states entered into a voluntary pact with the Union, and when the national government violates the pact by passing an unconstitutional law, the states have the right to renounce it.

3. The Civil War was both a conflict over slavery and a dispute over the relationship between the Southern states and the national government.

4. The Civil War forcibly refuted the doctrine of nullification while also confirming that the federal union is indissoluble.

5. Following the Civil War, the Fourteenth Amendment, with its due process and equal protection clauses, has been used to guarantee constitutional protections to all citizen, regardless of the state in which they reside. The Fourteenth Amendment serves to enhance the authority of the national government over the states

F. Brown v. Board of Education (1954)

1. In 1954, in Brown v. Board of Education of Topeka, KS, the Supreme Court unanimously held that school segregation was unconstitutional.

2. Southern politicians responded with “massive resistance” to the decision.

3. President Eisenhower sent federal troops to Little Rock, Arkansas” Central High School to enforce court-ordered desegregation.

4. Despite initial resistance, national standards on racial equality ultimately prevailed.

G. Civil Rights Act of 1964

1. The Supreme Court upheld the Civil Right Act of 1964 forbidding the discrimination in places of public accommodations such as restaurants, and hotels on the basis of its power to regulate interstate commerce,

II. Devolution

A. Devolution

1. This refers to a movement to transfer responsibilities of governing from the federal government to state and local governments.

2. For example, the Welfare Reform Act of 1996 gave the states the money to run their own welfare programs. States had wide discretion in implementing the federal goal of transferring people from welfare to work.

B. Untied States v. Lopez (1995)

1. The Supreme Court ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of tate sovereignty and local control.
   

Topic 1.9 - FEDERALISM IN ACTION

Explain how the distribution of powers between national and state governments impacts policymaking - TARGET

Enduring Understanding: Federalism reflects the dynamic distribution of power between national and state governments.

I. Evaluating Federalism

A. Advantages

1. Multiples access points for stakeholders and institutions to influence public policy flows from the allocation of powers between national and state governments.

2. Federalism promotes diverse policies that encourage experimentation and creative ideas. In many ways, the state constitutes a “national laboratory” to develop and test public policies.

3. It provides multiple power centers, thus making it difficult for any one faction or interest group to dominate government policies.

4. Different economic interests are concentrated and different states and the federal system ensures that each state can establish a power base to promote is interests.

5. It keeps the government close to the people by increasing opportunities for political participation. Citizens can run for numerous government positions or take part in campaigns at different levels.

6. It decentralizes political conflict and provides people and groups with multiple points of access.

7. Political parties function at multiple levels: the loss of any one election does not pose as serious a setback, and it is less likely that one party will dominate the whole political system.

B. Disadvantages

1. Federalism promotes inequality because states differ in the source they can devote providing services.

2. National policymaking is constrained by the as local interests to deny or even thwart majority support for a policy.

3. It creates confusion because the different levels of government make it difficult for citizens to know what different governments are doing.

Important Vocabulary

Topic 1.1 - IDEALS OF DEMOCRACY (V)

Democracy¹ - a system of government in which power is vested in the people and exercised by them directly or through freely elected representatives

Limited government² - a government’s power cannot be absolute; The ideal of limited government is ensured by the interaction of these principles: Separation of powers, Checks and balances, Federalism and Republicanism

Natural rights³ - all people have certain rights that cannot be taken away

Popular sovereignty⁴ - all government power comes from the consent of its people

Republicanism⁵ - the democratic principle that the will of the people is reflected in government debates and decisions by their representatives

Social Contract⁶ - an implicit agreement among the people in a society to give up some freedoms to maintain social order

Declaration of Independence⁷ - drafted by Thomas Jefferson (with help from Adams and Franklin), restates the philosophy of natural rights, and provides a foundation for popular sovereignty

Topic 1.2 - TYPES OF DEMOCRACY (V)

}racy⁸ - a system of government in which all eligible citizens to vote on representatives to make public policy for them ; can take several forms including the following models: i. Participatory democracy, ii. Pluralist democracy, iii. Elite democracy

Participatory democracy⁹ - emphasizes broad participation in politics and civil society

Pluralist democracy¹⁰ - emphasizes group-based activism by nongovernmental interests striving for impact on political decision making

Elite democracy¹¹ - emphasizes limited participation in politics and civil society

U.S. Constitution¹² - an example of a social contract and establishes a system of limited government; provides the blueprint for a unique form of democratic government in the United States

Topic 1.3+

Federalist 10 - focused on the superiority of a large republic in controlling the “mischiefs of faction,” delegating authority to elected representatives and dispersing power between the states and national government

Brutus 1 - adhered to popular democratic theory that emphasized the benefits of a small, decentralized republic while warning of the dangers to personal liberty from a large, centralized governmen

Articles of Confederation - specific incidents and legal challenges that highlighted key weaknesses of the Articles of Confederation are represented by the: i. Lack of centralized military power to address Shays’ Rebellion ii. Lack of an executive branch to enforce laws, including taxation iii. Lack of a national court system iv. Lack of power to regulate interstate commerce v. Lack of power to coin mone

Anti-Federalist - opposed the ratification of the Constitution and wanted more power reserved to state governments rather than a strong central government

Federalist - supported ratification of the Constitution and a strong central government

Democracy - a system of government in which power is vested in the people and exercised by them directly or through freely elected representatives

Faction - a party or group that is often contentious or self-seeking

Shay’s Rebellion - an armed uprising in western Massachusetts in opposition to high taxation and insufficient economic policies that exposed concern over the weaknesses of the national government under the Articles of Confederation

Great (Connecticut) Compromise - created a dual (bicameral) system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally

Electoral College - created a system for electing the president by electors from each state rather than by popular vote or by congressional vote

3/5ths Compromise - provided a formula for calculating a state’s enslaved population for purposes of representation in the House and for taxation

Constitutional Convention - a meeting of delegates from the several states in 1787 intended to revise the Articles of Convention and ultimately drafted the United States Constitution in establishing a stronger central government

Article V / Amendment process - entailed either a two-thirds vote in both houses or a proposal from two-thirds of the state legislatures, with final ratification determined by three-fourths of the states

Ratification - the act of consenting to the U.S. Constitution through state ratification conventions, requiring 9 of the 13 states to ratify per Article VII of the U.S. Constitution

Separation of powers - is a constitutional principle where specific and separate powers delegated to Congress, the president, and the courts allow each branch to check and balance the power of the other branches, ensuring no one branch becomes too powerful ; creates multiple access points for stakeholders and institutions to influence public policy

Checks and balances - allow legal actions to be taken against public officials deemed to have abused their power. courts allow each branch to check and balance the power of the other branches, ensuring no one branch becomes too powerful.

Federalist 51 - explains how constitutional provisions of separation of powers and checks and balances control potential abuses by majorities

Impeachment/Removal (impeachment process) - the House formally charges an official with abuse of power or misconduct 2nd part if the official is convicted in a Senate impeachment trial

Federalism - the system of government in the United States in which power is shared between the national and state governments

Enumerated powers - written in the Constitution

Implied powers - not specifically written in the Constitution but are inferred from the Necessary and Proper Clause

Reserved powers - those not delegated or enumerated to the national government but are reserved to the states, as stated in the Tenth Amendment

Concurrent powers - shared between both levels of government such as the power to collect taxes, the power to make and enforce laws and the power to build roads

Revenue sharing - national funding with almost no restrictions to the states on its use and is the least used form of funding

Categorical grants - national funding that is restricted to specific categories of expenditures, is preferred by the national government, and is the most commonly used form of funding

Block grants - national funding with minimal restrictions to the states on its use and is preferred by the states

Mandates - requirements by the national government of the states

Tenth Amendment - the last of the Bill of Rights to define the balance of power between the federal government and the states ; establishes reserved powers of the states

Fourteenth Amendment - Due Process Clause and Equal Protection Clause as applied to the states

Commerce clause - gives the national government the power to regulate interstate commerce, but Supreme Court interpretations can influence the extent of this power

Necessary & Proper clause / Elastic clause - gives Congress the power to make laws related to carrying out its enumerated powers, but Supreme Court interpretations can influence the extent of these powers.

Supremacy Clause - gives the national government and its laws general precedence over states’ laws, but Supreme Court interpretations may affect when specific actions exceed this constitutional power

Test Questions

Test Questions (1.1)

Q1

1. In 1974, the House of Representatives approved a resolution granting the Judiciary Committee authority to investigate impeachment of President Nixon for obstruction of justice, abuse of power, and contempt of Congress. Which constitutional ideal of democracy is demonstrated in this scenario?

A. Popular sovereignty

B. Judicial review

C. Limited government

D. Federalism

Q2

2. The House of Representatives impeaches the president. Which of the following scenarios represents how bicameralism is used as a check on the vote to impeach?

A. If the president is removed, the vice president will take office to finish the president’s current term.

B. The Senate deliberates the case and votes to determine the president’s guilt or innocence.

C. The chief justice of the Supreme Court presides over the trial.

D. After the impeachment, House managers will prepare a case to convict and remove the president from office.

Q3

3. The Declaration of Independence states “Governments are instituted among Men, deriving their just powers from the consent of the governed.” This was a revolutionary change from the system of British monarchy, which was based on the divine right of kings. For which of the ideals of democracy does this quote provide a foundation?

A. Popular sovereignty

B. Federalism

C. Separation of power

D. Limited government

Test Questions (1.2)

Q1-3

Use the stimulus for Questions 1-3

“[A] pure democracy… can admit of no cure for the mischiefs of faction. . . . [S]uch democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. . . .

The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.

. . . [I]t may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people.”

James Madison, The Federalist 10

1. Which of the following sections of the United States Constitution most concerns Madison according to the passage?

A. Article I, Section 10—“No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws. . . .”

B. Article II, Section 1—“No Person except a natural born Citizen . . . shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

C. Article III, Section 1—“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”

D. Article I, Section 2—“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.”

Test Questions (1.3)

Q1

1. In The Federalist 10, James Madison argued that the new constitution would help control faction by doing which of the following?

A. By creating a large republic, the new constitution made it less likely that a faction could gain enough power to completely dominate.

B. The new constitution had significant limits on the freedom of expression, thereby limiting the ability of factions to organize.

C. The new constitution gave political parties specific powers in the government which limited their influence.

D. The use of the electoral college and the indirect election of senators would limit the influence that factions could wield.

Q2

2. Brutus was an example of an Anti-Federalist because he

A. believed a centralized government posed a major threat to individual rights

B. argued that a national military force was needed to deal with insurrections

C. argued that the laws passed by the national government were supreme over state laws

D. believed that compromise between the branches of government would ensure a limited government

Q3

3. Which of the following features of the United States Constitution would most concern the author of Brutus 1?

A. The Bill of Rights, which protects individual liberties and states’ rights

B. The reservation of any power not given to the federal government to the states

C. The two-year term for members of the House of Representatives

D. The supremacy clause, which gives the federal government supremacy over states

Test Questions (1.4)

Test Questions (1.5)

Test Questions (1.6)

Test Questions (1.7)

Test Questions (1.8)

Test Questions (1.9)

Test Questions Answers (1.1)

1. C - President Nixon, although president, was not all-powerful, and Congress initiated the impeachment process to hold him accountable for his actions, showing there are limits on the office. - I.E.1

2. B - The attorneys would most likely argue that the natural rights of life and liberty include the right to choose whom you marry. - I.E.2

3. A - “Consent of the governed” sets the foundation for popular sovereignty. - I.B.3

Test Questions Answers (1.2)

1. D - Article I, Section 2, of the Constitution establishes that system of representation. Madison generally supports this idea but also expresses concern that it could lead political leaders taking office who betray the public trust. - I.D

2. C - Madison does admit representatives may harbor local prejudices that would interfere with effective governing, but it is not a sufficient concern to override his argument for the benefits of a representative government. - I.D

3. A - Madison expresses concern that representatives will be led by self-interest and faction to betray the will of the people they represent. - I.D

Test Questions Answers (1.3)

1. A - Madison argued that a large republic would prevent factions from coordinating and gaining undue influence. - I.A

2. A - Anti-Federalists believed that a centralized government would harm individual rights, a view which was espoused by Brutus. - I.B

3. D - In Brutus 1, the author argues that these two clauses, in particular, gave the national government nearly unlimited power. - I.B

Test Questions Answers (1.4)

Test Questions Answers (1.5)

Test Questions Answers (1.6)

Test Questions Answers (1.7)

Test Questions Answers (1.8)

Test Questions Answers (1.9)

Unit 2

Topic 2.1 - CONGRESS: THE SENATE AND THE HOUSE OF REPRESENTATIVES

Describe the different structures, powers, and functions of each house of Congress - TARGET

Enduring Understanding: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.

I. Bicameralism (+)

A. Overview (+)

1. The framers of the United States Constitution created a bicameral Congress consisting of House of Representatives and a Senate.

2. By design, the different structures, powers, and functions of the U.S. House of Representatives and Senate affect the policymaking process.

3. Congress is not a very diverse place. Most members are lawyers or businesspeople. The members of both houses have always been largely White. The House is more diverse than the Senate, which is almost exclusively White. The ration of men to women in both the House and Senate is about five to one.

4. Most election years leave both houses roughly evenly split between Democrats and Republicans, with one or two independents in each.

B. Reasons (+)

1. Historical Experience

   a. The framers were intimately familiar with the British system of government.

   b. The British system featured a bicameral system with a House of Lords and a House of Commons.

   c. Most of the colonial legislatures and state legislatures were bicameral.

2. Great Compromise

   a. Led by Virginia, the large states wanted a bicameral legislature based on population.

   b. Led by New Jersey, the small states wanted a unicameral Congress with equal representation for each state.

   c. The framers resolved the dispute by agreeing to a compromise calling for a bicameral Congress with representation in a House of Representatives based on population and a Senate in which the states would have equal representation.

3. Federalism

   a. A bicameral legislature provided for two types of representation. The House represented the interests of the people, while the Senate represented the interests of the states. Note that senators were originally appointed by state legislatures rather than subject to popular vote.

   b. A bicameral legislature fragmented power between large and small states, thus checking majority interests while protecting minority interests.

   c. A bicameral legislature slowed the legislative process, thus encouraging careful deliberation and compromise.

II. Basic Differences (+)

A. House of Representatives (+)

1. 435 members

2. Two-Year Terms

3. A representative must be al least 25 years olds, an American citizen for 7 years, and a resident of the state from which he or she is elected.

4. The House is designed to represent the population, leading to different numbers of representatives from different states.

5. The House has always been much larger than the Senate. As a result, it has a more formal structure and is governmened by stircter rules

6. Debate is much more restricted in the House than in the Senate.

B. Senate (+)

1. 100 members

2. Six-year terms

3. A senator must be at least 30 years old, an American citizen for 9 years, and a resident of the state from which he or she is elected.

4. The Senate is designed to represent states equally.

5. The Senate is smaller and thus less formally organized than the House of Representatives.

6. In contrast to the House, the Senate operates more on informal understandings.

III. Election (+)

A. House of Representatives (+)

1. Members of the House have always been elected by eligible voters.

2. When the Constitution was ratified, the House of Representatives was the government’s only body directly elected by the people.

B. Senate (+)

1. Senators were originally chosen by state legislatures.

2. The 17th Amendment (1913) mandated that senators be elected by voters in each state.

IV. Powers of Congress

A. Enumerated Powers (+)

1. Power of the Purse

   a. Congress ultimately has to pass the federal budget. They may cut funds to an agency, which can serve as a “legislative veto” on the president.

2. Regulating Commerce

   a. Congress is charged with raising revenue by levying taxes

   b. Congress has the power to coin money.

3. Foreign and Military Affairs

   a. Congress solely has the power to declare war.

   b. Congress has the power to maintain the armed forces by approving military budgets and creating or dismantling sectors of the Department of Defense.

   c. The Senate must confirm the Secretary of state and foreign ambassadors (majority vote) appointed by the president, as well as ratify all treaties by a 2/3 vote.

B. Implied Powers (+)

1. Congress can enact legislation that addresses a wide range of economic, environmental, and social issues based on the Necessary and proper clause.

C. House of Representatives Only (+)

1. Initiates revenue bills.

2. Brings impeachment charges against the president, vice president, and all U.S. civil officers.

3. Chooses the president when the Electoral College is deadlocked

4. Power is usually hierarchical.

D. Senate Only (+)

1. Ratifies treaties negotiated by the president.

2. Possesses the sole power to try of judge impeachment cases.

3. Confirm judicial appointments, including United States attorneys, federal judges, and Supreme Court justices.

4. Confirms executive appointments, including cabinet heads, the director of the F.B.I. and the U.S. attorney general.

5. Chooses the vice president when the Electoral College is deadlocked.

6. Power is more evenly distributed among senators.

7. Senators have the ability to filibuster, or use unlimited debate, meaning that they talk so long that they delay or even prevent voting on a piece of legislation. Senators can stop a filibuster by voting for cloture, which halts debate. This rarely happens because it requires 60 votes; the majority party usually holds fewer than 60 seats, making cloture nearly impossible.

Topic 2.2 - STRUCTURES, POWERS, AND FUNCTIONS OF CONGRESS

Explain how the structure, powers, and functions of both houses of Congress affect the policymaking process - TARGET

Enduring Understanding: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.

I. Structure of Congress

A. House of Representatives

1. Speaker of the House

   a. Presides over the House of Representatives deciding who will be recognized on the floor.

   b. Oversees House business, such as assigning bills to committees.

   c. Stands second in line for presidential succession.

2. House Rules Committee

   a. Thousands of bills are introduced on the floor of the House each term, and the Rules Committee act as a clearinghouse to weed out those that are deemed unworthy of consideration before the full house.

   b. The Rules Committee is controlled by the Speaker. It is often called the “traffic cop” or the Speaker’s “right arm.”

   c. The Rules Committee sets the Guidelines for floor debate. It gives each bill a rule that places the bill on the legislative calendar, limits time for debate, and determines the type of amendments that will be allowed.

   d. A closed rule sets strict time limits on debates and forbids amendments from the floor.

   e. An open rule sets less strict time limits on debates and permits amendments from the floor.

   f. The number of chamber and debate rules in the House sets the bar high for building majority support.

3. Ways and Means Committee

   a. This committee has jurisdiction on all taxation, tariffs, and other revenue-raising measures.

   b. Members of the Ways and Means Committee cannot serve on other House committees.

4. House Leadership

   a. The Majority Leader is the elected leader of the party that controls the House.

   b. The minority leader is the elected leader if the party with the second-highest number of elected representatives in the House of Representatives.

   c. Both parties have elected pps who maintain close contact with their members and try to ensure party unity on eortant votes.

B. Senate

1. President

   a. The Constitution makes the vice president the president of the senate.

   b. The vice president may vote only to break a tie

2. Senate Leadership

   a. The president pro tempore presides over the Senate in the absence of the vice president. The position is held by a member of the majority party with the longest service in the Senate.

   b. The majority leader is the elected leader of the party that controls the senate. The majority leader is the true leader of the Senate.

   c. The minority leader is the elected leader of the party with the second-highest number of members in the Senate.

   d. The majority leader schedules Senate business in consultation with the minority leader.

   e. Party whips keep leaders informed and pressure party members to vote in accord with the party line.

C. Role of Political Parties

1. Political parties play a key role in the organization of both houses of Congress.

2. The majority part is the party in each chamber with the most votes.

3. The minority party is the party in each chamber with the second most votes.

4. The majority party has several advantages, including holding committee chairs, choosing the speaker of the House, assigning bills to committees, holding the majority on each committee, controlling the House Rule Committee, and setting the legislative agenda.

5. The composition of each committee is baed on the ratio of each party in the Congress.

6. Partisanship tends to be the strongest on economic issues. On other issues, members of Congress may act more independently, especially to fulfill the needs of their constituents.

7. Over the past three decades, Republicans in Congress have become consistently more conservative andDemocrats have become consistently more liberal. Thus, the distance from the center of each party has increased. As a result of the ideological difference between the parties in Congress, it has been more difficult to reach any compromise.

D. The Committee System

1. Importance

   a. Both the House and the Senate are divided into committees.

   b. Committees play a dominant role in congressional policymaking.

   c. The committee system is particularly important in the House of Representatives.

2. Committee Chairs

   a. Committee chairs exercise great power and enjoy considerable prestige.

   b. They call meetings, schedule hearings, hire staff, recommend majority members to sit on conference committees, and select all subcommittee chairs.

   c. Chairs often receive favors from lobbyists and contributions from PACs.

   d. Historically, committee chairs were chosen by a seniority system in which the majority party member with the most continuous service on the committee automatically became the chair.

   e. Chairs in both the House and Senate are elected positions. However, seniority is still the norm for selecting chairs in both chambers.

3. Standing Committees

   a. Standing committees are permanent bodies that continue from one congress to the next. Thus, they promote specialized policy expertise among their members.

   b. They focus on legislation in a particular area, such as foreign relations, energy, the armed services, or agriculture.

   c. All bills are referred to standing committees, where they can be amended, passed, or killed. Most bills are killed.

   d. Standing committees foster the development of expertise by their members.

   e. Standing committees are divided into subcommittees, where the details of legislation are worked out.

   f. Members of Congress attempt to get on the committees that will allow them to do the most constituent service and help them get re-elected. For example, representatives and senators from rural states will try to get assigned to agricultural committees.

   g. Committees also conduct legislative oversight, which is the monitoring of federal agencies. Oversight usually takes the form of investigation—and their evacuation of laws. Often committees hold hearings to question agency officials about the activities of the departments.

   h. Committees also hear testimony from bureaucratic agency heads pleading for money and personnel. Congressional budget cutting and agency reorganization have a profound impact on an agency’s ability to carry out its responsibilities.

4. Select Committees

   a. Select Committees are special panels formed for a specific purpose and for a limited time.

   b. Select committees are usually formed to conduct an investigation into current matters of great public concern or an impeachment trial.

5. Joint Committee

   a. Joint committees include members of both houses.

   b. They are similar in function to select committees and often focus public attention on a major issue.

   c. Joint committees are responsible for legislation that overlaps policy areas.

6. Conference Committees.

   a. Conference committees are temporary bodies that are formed to resolve differences between house and senate versions of a bill.

   b. Members are appointed by the party leadership and are drawn from the House and Senate committees that originally considered the bill.

II. Policymaking Process

A. Overview

1. Though both chambers rely on committees to conduct hearings and debate bills under consideration, different constitutional responsibilities of the House and Senate affect the policymaking process.

2. Approximately 5,000 bills are introduced to Congress each year. Only about 125(2.5%) are passed into law.

3. The Bicameral Congress and its complex committees system present a formidable series of legislative obstacles that defeat most bills.

4. The legislative process is lengthy, deliberate, fragmented, and characterized by negotiation and compromise.

5. The House and Senate have parallel processes.

6. Logrolling is a tactic used by legislators for mutual aid and vote trading. Congressmen vote for casework projects that benefit others’ districts in the hopes that the favor will someday be returned.

7. Presidents have their own legislative agenda, based in part on their party’s platform and their electoral coalition. The President’s task is to persuade congress the his agenda should also be Congress’ agenda.

B. Bills

1. Anyone can write a bill. In fact, most bills are not written by members of Congress.

2. Most bills originate in the executive branch.

3. Business, labor, agriculture, and other interest groups often draft bills.

4. Only members of Congress can introduce bills. They do so by dropping a bill into the “hopper,” a box hanging on the edge of the clerk’s desk.

C. Committee Action

1. Bills are assigned a number and then sent to an appropriate standing committee. The bill is usually referred by the committee chair to a subcommittee for study, hearings, revisions, and approval.

2. The subcommittee conducts research and holds hearings on the proposal and rewrites it as necessary.

3. Although sending bills to committees is necessary and valuable, committees fragment the process of considering bills dealing with complex matters. To deal with this problem, Congress has established a process whereby a bill may now be referred to several committees that simultaneously consider it in while or in part. This process is called a multiple referral.

4. Most bills die in committees, where they are pigeonholed or buried.

5. If a majority of the House wishes to consider a bill that has been pigeonholed, the bill can be blasted out of the committee with a discharge petition signed by the majority of the House members.

6. Bills approved by a subcommittee are then returned to full committee, where members can mark up (edit) or add items to the bill.

7. Committees can reject the bill or send it to the House or Senate floor with a positive recommendation.

D. Floor Action

1. House

   a. Different chamber sizes and contituencies influence the formality of the debate.

   b. The rules committee gives the bill a rule, placing it on the legislative calendar, allowing a specified time for debate, and determining if any amendments will be allowed a specified time for debate, and determining any amendments will be allowed.

   c. The Rules Committee can place a closed rule on a bill, requiring than any ideas or amendment be germane to the bill. This prevents porks projects. However, since there is no Rules Committee in the Senate, there are no restriction on pork barrel projects. This is one reason why reelection rates are so high.

   d. A Committee of the Whole is unique to the House. It includes but does not require all the representatives. It is a state operation in which the House rules are relaxed rather than an actual committees. It was created to allow longer debate among fewer people and allow members to vote as a group rather than in an individual roll call.

   1. Once the Committee of the Whole is done shaping a bill, the committee “rises and repots” it back to the House, where the formal rules of procedure and voting resume.

   e. The bill is debated and a vote is ultimately taken by the full House.

2. Senate

   a. Unlike the House, Senate procedures permit members to speak on the floor as long as they wish.

   b. A filibuster is a way of delaying or preventing action on a bill by using long speeches and unlimited debate to “talk a bill to death.”

   c. Filibusters can be stopped only if 60 senators vote for cloture to cut off debate.

   d. Filibusters are so successful that important bills no longer require a simple majority of 51 votes to poss. Instead supporters need a 60-vote supremacy so that they can invoke cloture to end a filibuster and then pass their bill.

   e. In addition to threatening a filibuster, a senator can ask to be informed before a particular bill is brought to the floor. Known as a hold, this parliamentary procedure stops a bill from coming to the floor until the hold is removed.

   f. When the Senate takes action, unanimous consent, the approval of all senators is anyone objects, the motions put on hold or at least stalled for discussion, because objection signals the possibility of a filibuster.

   g. For years, senators abused this privilege, since a few senators, even one, could stop popular legislation. Then and now, senators can place a hold on a motion or on a presidential appointment.

   h. If a bill overcomes these obstacles, it will ultimately be voted up or down by the full Senate.

E. Conference Committee

1. If a bill is passed in different versions by the House and the Senate, a conference committee will be formed to work out the differences. The conference committee is comprised of members from the original House and Senate committees.

2. The conference committee bill is then returned to each chamber for a vote.

3. Ideological divisions in Congress can lead to gridlock or reate the head for negotiation and compromise.

F. Presidential Action

1. Signing

   a. The president has ten days to sign the bill into law. A signature passed the law and moves it to the executive branch to be implemented.

   b. Recent presidents have issued signing statements which describes their thoughts on the law and may modify its meaning as well as how it will be enforced.

2. Pocket Veto

   a. If the President takes no action on a bill for ten days, the bill becomes a law even without his signature.

   b. However, if a congressional session ends during those ten days, the President will have to sign the bill for it to become a law.

   c. If he doesn’t sign the bill, it is considered pocket vetoed, which would require the bill to go through the entire legislative process again.

3. Veto

   a. If there are more than ten days left in a congressional session and s President wants to prevent a bill from becoming law, he may veto the entire bill. The President must then give his reasons in writing and return the bill to the house of origination.

   b. At this point, Congress has choices. The two houses may make the required changes, or they may attempt to override the president’s veto with a two-thirds veto.

   c. In 1996, Congress has the president the line-item veto, empowering him to veto individual parts of a bill. The Supreme Court struck down the line-item veto as an unconstitutional delegation of legislative authority to the President.

III. Budgetary Process

A. Overview

1. Congress must generate a budget that addresses both discretionary and mandatory spending, and as entitlement costs grow, discretionary spending oppurtunities will decrease unless tax revenues increase of the budget deficit increases.

B. Federal Spending

1. Mandatory Spending

   a. Congress and the president have no power to directly change mandatory or uncontrollable spending.

   b. Mandatory spending usually takes the form of social security and health care programs

2. Discretionary Spending

   a. Discretionary spending programs are not required by law.

   b. Defense, education, agriculture, highways, research grants and government operations are all examples of discretionary programs.

   c. Defense currently accounts for half of all discretionary spending and 20% of the total federal budget.

C. Role of The President

Important Vocabulary

1. Formal Power - power delegated to a branch of government explicitly listed in the U.S. Constitution

2. Informal Power - powers not listed in the U.S. Constitution but implied or granted

3. Bicameral - two house legislature

4. Senate - designed to represent states equally ; has 100 members and debate is less formal than the House ; One third of the Senate is elected every two years, creating a continuous legislative body ; bills are typically brought to the floor by unanimous consent, but a Senator may request a hold on a bill to prevent it from getting to the floor for a vote. During debate, a Senator can use the filibuster or make a motion for cloture

5. House - designed to represent the people ; Debate in the House, which has 435 members, is more formal than in the Senate ; all House members are elected every two years ; All revenue bills must originate in the House. Rules for debate in the House on a bill are established by the Rules Committee. The House can form a Committee of the Whole in order to expedite debate on bills. An individual representative in the House can file a discharge petition to have a bill brought to the floor for debate, but it is rarely done

6. Federal budget - generated by Congress to address both mandatory and discretionary spending

7. Oversight - congressional authority to ensure legislation is implemented as intended, including i. review, monitoring, and supervision of bureaucratic agencies ii. Investigation and committee hearings of bureaucratic activity iii. Power of the purse ; serves as a check of executive authorization

8. Speaker of the House - elected by a majority of House members and presides over the legislative work in the House

9. Bill - a draft or proposed law in Congress

10. Committee - conduct hearings and debate and mark up bills with revisions and additions ; leadership in committees is determined by the majority political party ; a majority of bills do not pass committees to floor debate and vote

11. Committee hearing - a method of both houses by which committee members gather and analyze information, evidence, and testimony in deliberation over a bill prior to full chamber debate and vote

12. Mark up - additions and/or revisions of a bill done in congressional committee

13. Rules Committee - establishes rules for debate on a bill in the House

14. Committee of the Whole - a committee formed in the House to expedite debate on bills

15. Discharge petition - a filing by a House member to have a bill brough to the floor for debate, but rarely done

16. Unanimous consent - a typical Senate procedure to bring bills to the floor for debate and vote

17. Hold - a filing by a Senator to prevent a bill from getting to the floor for a vote

18. Filibuster - a tactic to prolong debate and delay or prevent a vote on a bill

19. Cloture - a procedure to end a debate

20. Conference committee - meets when a bill passed by both chambers on the same topic has variation in its wording and attempt to reconcile those differences

21. Mandatory spending - required by law for entitlement programs such as Social Security, Medicare, and Medicaid

22. Entitlements - any government provided or government managed benefit or service to which some or all individuals are entitled

23. Social Security - a social insurance program funded by a payroll tax on current employers and employees to be redistributed to qualifying individuals for retirement, disability, or survivor benefits

24. Medicare - a federal government subsidized healthcare program for qualified elderly Americans

25. Medicaid - a federal government subsidized healthcare program for qualified low income households

26. Discretionary spending - approved on an annual basis for defense spending, education, and infrastructure ; as entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase, or the budget deficit increases

27. Infrastructure - a set of facilities, structures, and utilities developed, owned, operated, and maintained by the federal, state, and/or municipal government ; includes highways, roads, railroads, bridges, ports, airports, public transportation, water and sewage systems, electrical grids, and broadband systems

28. Pork barrel - funding for a local project in a larger appropriation bill

29. Logrolling - (combining several pieces of legislation into one bill to secure enough votes for passage) subject to clarification

30. Partisan voting - when members of Congress vote based on their political party affiliation

31. Polarization - when political attitudes move toward ideological extremes

32. Gridlock - a situation in which no congressional action on legislation can be taken due to a lack of consensus

33. Reapportionment - redistribution of congressional seats to the several states based on the U.S. Census held every 10 years

34. Redistricting - redrawing of congressional districts by state legislatures based on congressional reapportionment

35. Gerrymandering - redrawing of congressional districts with the intent to create undue advantage for a political party

36. Divided government - when one party controls the presidency and the other party controls at least one of the chambers of Congress

Unit 3

Unit 4

Unit 5