Basis of AND Arguments for/against a Federal Republic; Key Tenets AND Evolution of Federalism

• Natural Rights

  • the belief in which individuals hold inherent rights bestowed to them by power/nature beyond the government

• Social Contract

  • an “agreement” in which the people give up some of their liberties in exchange for protections and interests protected for by the government

• Popular Sovereignty

  • the belief that the people hold ultimate power/reign over the government

• Limited Government

  • restricting the powers and authority of government, ensuring that it cannot infringe upon individual rights and freedoms

• Republicanism

  • a form of government in which the power is held by the people, either directly or through elected representatives

• Federalism

  • system of government in which power is divided between a central authority and constituent political units, such as states or provinces.

• Dual Federalism

  • form of national governance encompassing a lesser (e.g., state) government along with a higher (e.g., federal) government, each working within their own jurisdiction and some semblance of autonomy

• Fiscal Federalism

  • concept of federalism where funding is appropriated by the federal government to the states with specific conditions attached

• Checks & Balances

  • political processes in which branches of a government is responsible for checking and balancing the power of the other branches to avoid the rise of tyranny

• Separation of Power

  • the powers of government are divided among the legislative, executive, and judicial branches, preventing any one branch from becoming too dominant

• Enumerated Powers

  • duties and powers given to the government as explicitly listed in the constitution

• Implied Powers

  • duties and powers not explicitly stated in the Constitution but are inferred from its language, allowing the federal government to carry out its enumerated powers effectively

Ways the U.S. Constitution ensures a Limited Government; Interactions Among the Branches of the Federal Government; Political Ideology & Socialization

• Reserved Powers

  • powers that are not specifically granted to the federal government by the Constitution, nor prohibited to the states, thus allowing them to be exercised by state governments (rooted in 10th amendment - any powers not delegated to the federal government are reserved for the states or the people)

• Formal Powers

  • Powers expressly granted to the president under Article II of the Constitution. Examples include making treaties, commanding the military, appointing Supreme Court justices, and vetoing legislation. informal powers

• Executive Orders

  • official directives issued by the president to manage the operations of the federal government (allows for implementation of policies without congressional approval)

• Judicial Review

  • power of courts to examine and invalidate actions of the legislative and executive branches if those actions are found to be unconstitutional

• Precedent

  • a legal principle or rule established in a previous court case that is binding or persuasive in future cases with similar circumstances

• Judicial Restraint

  • legal philosophy that encourages judges to limit the exercise of their own power and to uphold laws and precedents established by the legislative and executive branches

• Judicial Activism

  • practice where judges take an active role in interpreting the law and making decisions that can create new legal precedents or change existing ones. This approach often leads to rulings that address social issues and promote justice, sometimes even stepping beyond traditional legal boundaries

• Discretionary Power

  • the authority granted to public officials and agencies to make decisions based on their own judgment within the framework of established laws and regulations

• Bureaucracy

  • complex system of administration that manages and organizes government functions, typically characterized by a hierarchical structure and a set of formal rules and procedures

• Interest Groups

  • organized collections of individuals or organizations that seek to influence public policy and decision-making to achieve specific goals

• Issue Networks

  • web of relationships among various stakeholders, including government officials, interest groups, and other entities that come together around a specific policy issue

• Iron Triangles

  • the stable, mutually beneficial relationships among three entities: government agencies, congressional committees or subcommittees, and interest groups.

How Elections, Campaigns, & Voting are conducted in the U.S.; Influences of Political Parties, Interest Groups, and the Media on the formulation and enactment of Public Policy

• Political Socialization

  • the process by which an individual’s political views and values are influenced by their environment (family, school, peers, community)

• Liberal Ideology

  • supports a strong role for government in addressing social issues like poverty, education, and healthcare, often advocating for programs that assist marginalized groups

• Conservative Ideology

  • emphasizes tradition, limited government, individual liberties, and free-market principles; tends to favor lower taxes and less government regulation in economic affairs to promote individual entrepreneurship

• Libertarian Ideology

  • emphasizes individual liberty, minimal government intervention, and free markets. It advocates for personal autonomy, where individuals have the right to make choices about their lives without excessive government control

• Monetary Policy

  • actions taken by the federal reserve to influence interest rates

• Fiscal Policy

  • actions taken by congress and the president to influence the economy (keynesian/supply-side methods)

• Polling Methodology

  • opinion polls - measure general public opinion on key contemporary issues

  • benchmark polls - measure baseline views of a certain candidate

  • tracking polls - follows how views of a candidate shift over a campaign period

  • exit polls - data on why voters chose a particular candidate/policy

• Generational Effects

  • the experiences shared by a common generation that influencing their political values and opinions (e.g., great depression, WWII)

• Life-Cycle Effects

  • the shifting of political stances across an individual’s lifetime

• 15th Amendment

  • prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude (granted vote for african american men)

• 19th Amendment

  • women’s suffrage

• Agenda Setting

  • the process by which media and political actors influence the importance placed on issues in the public agenda

  • (news, social media/communication tech/interest groups/etc)

Foundational documents

The Declaration of Independence (Thomas Jefferson)

Key Elements:

• Natural rights: "Life, Liberty, and the pursuit of Happiness."

• Government derives its power from the consent of the governed (popular sovereignty)

• Right to alter or abolish oppressive governments (social contract)

Key Arguments:

• Lists grievances against King George III (e.g., taxation without representation, lack of judicial independence).

• Justifies separation from Britain based on Enlightenment principles of self-government and natural rights.

The Articles of Confederation (John Dickinson)

Key Elements:

• Established a weak central government with limited powers.

• No executive branch or national judiciary.

• Congress could not levy taxes or regulate commerce.

• Required unanimous consent for amendments.

Key Arguments:

• Designed to protect state sovereignty and prevent tyranny.

• Created significant challenges: inability to address economic instability (e.g., Shays' Rebellion), lack of military coordination, and difficulty passing legislation.

The United States Constitution (James Madison/Founding Fathers)

Key Elements:

• Preamble: goals of the government (e.g., justice, domestic tranquility).

• Articles I-III: separation of powers (Legislative, Executive, Judicial branches).

• Federalism: division of power between national and state governments.

• Bill of Rights: first ten amendments guaranteeing individual liberties.

Key Arguments:

• Provides checks and balances to prevent tyranny.

• Addresses weaknesses of the Articles of Confederation by creating a strong yet limited federal government.

Federalist No. 10 (James Madison)

Key Elements:

• Focused on the dangers of factions (groups with shared interests that could harm the rights of others).

• Advocated for a large republic to control factions.

Arguments:

• A large, diverse republic dilutes factional influence, protecting minority rights.

• A representative democracy is better than direct democracy for managing factions.

Brutus No. 1 (potentially Robert Yates)

Key Elements:

• Critique of the Constitution’s strong central government.

• Concerned about the Necessary and Proper Clause and Supremacy Clause.

Arguments:

• A strong national government would erode state power and individual rights.

• A large republic would be unmanageable and lead to a loss of connection between people and their representatives.

Federalist No. 51 (James Madison)

Key Elements:

• Focused on checks and balances and the separation of powers.

Arguments:

• Each branch of government must have independence and the ability to check the others to prevent tyranny.

• Federalism provides a double security for rights by dividing power between states and the federal government.

Federalist No. 70 (Alexander Hamilton)

Key Elements:

• Advocated for a single, energetic executive (the President).

Arguments:

• A single executive ensures accountability, decisiveness, and efficiency in governance.

• Plural executives could lead to conflict and indecision.

Federalist No. 78 (Alexander Hamilton)

Key Elements:

• Defense of the judiciary and the concept of judicial review.

Arguments:

• The judiciary is the weakest branch but essential for protecting constitutional limits and individual rights.

• Lifetime tenure for judges ensures independence from political pressures.

Foundational SCOTUS cases

• Marbury v. Madison, 1803 (judicial review)

  • key background details

    • The case arose after the election of 1800 when Thomas Jefferson (Democratic-Republican) defeated John Adams (Federalist).

    • In the final days of Adams’ presidency, he appointed several "midnight judges" under the Judiciary Act of 1801. William Marbury was one of these appointees.

    • When Jefferson took office, his Secretary of State, James Madison, refused to deliver Marbury’s commission, prompting Marbury to petition the Supreme Court for a writ of mandamus to compel its delivery.

  • constitutional issue in question

    • Does the Supreme Court have the authority to issue a writ of mandamus in this case?

      • More broadly, can an act of Congress that conflicts with the Constitution be enforced?

  • the ruling (and the Constitutional basis for the ruling)

    • The Court, led by Chief Justice John Marshall, ruled that:

      • Marbury had a right to his commission.

      • However, the Court lacked the authority to issue the writ of mandamus because the section of the Judiciary Act of 1789 that granted the Supreme Court this power was unconstitutional.

      • CB: The ruling established the principle of judicial review, asserting that it is the duty of the judiciary to declare laws that conflict with the Constitution null and void.

  • the impact / significance of the ruling

    • The case established the judiciary's role as the final arbiter of constitutional interpretation, empowering the Court to strike down laws that violate the Constitution

    • elevated the role of the Supreme Court in the system of checks and balances, ensuring that no branch of government could exceed its constitutional authority

• McCulloch v. Maryland, 1819

  • key background details

    • In 1816, Congress chartered the Second Bank of the United States to stabilize the national economy.

    • Maryland attempted to tax the national bank’s branch operating within the state. James McCulloch, the bank’s cashier, refused to pay the tax, leading to a legal dispute.

    • The case questioned the balance of power between state and federal governments.

  • constitutional issue in question

    • Does Congress have the authority to establish a national bank?

    • Can a state tax an institution created by the federal government?

  • the ruling (and the Constitutional basis for the ruling)

    • The Supreme Court, under Chief Justice John Marshall, ruled in favor of McCulloch and the federal government.

    • Congress had the constitutional authority to establish the bank under the Necessary and Proper Clause (Article I, Section 8).

    • Maryland’s tax on the bank was unconstitutional because states cannot interfere with or tax legitimate federal institutions, under the Supremacy Clause (Article VI).

    • CB: The Necessary and Proper Clause gives Congress implied powers to carry out its enumerated powers, such as regulating commerce and managing finances.

      • The Supremacy Clause establishes that federal laws and institutions take precedence over state laws when conflicts arise.

  • the impact / significance of the ruling

    • confirmed and expanded the scope of federal authority over the states, reinforcing the principle of federal supremacy

    • established the precedent that Congress can use implied powers to fulfill its constitutional responsibilities.

• U.S. v. Lopez, 1995

  • key background details

    • Alfonso Lopez, a high school student in Texas, was charged under the federal Gun-Free School Zones Act of 1990 for carrying a concealed firearm onto school property.

    • Lopez challenged the conviction, arguing that Congress had exceeded its constitutional authority by enacting the law.

  • constitutional issue in question

    • Did Congress have the authority under the Commerce Clause (Article I, Section 8) to enact the Gun-Free School Zones Act?

  • the ruling (and the Constitutional basis for the ruling)

    • The Supreme Court, in a 5–4 decision, ruled that the Gun-Free School Zones Act exceeded Congress’s authority under the Commerce Clause.

    • The Court found that the possession of a gun in a school zone was not an economic activity that substantially affected interstate commerce.

    • CB: The Commerce Clause grants Congress the power to regulate activities that substantially affect interstate commerce. However, the Court concluded that gun possession in a school zone was too tangential to commerce to justify federal regulation.

  • the impact / significance of the ruling

    • The decision marked the first time in decades that the Supreme Court limited Congress’s use of the Commerce Clause. It signaled a shift toward a stricter interpretation of federal power.

    • reinforced the principle that some issues, such as education and public safety, are primarily the responsibility of the states, not the federal government

• Baker v. Carr, 1961

  • key background details

  • constitutional issue in question

  • the ruling (and the Constitutional basis for the ruling)

  • the impact / significance of the ruling

• Shaw v. Reno, 1993

  • key background details

  • constitutional issue in question

  • the ruling (and the Constitutional basis for the ruling)

  • the impact / significance of the ruling

• Citizen’s United v. F.E.C., 2010

  • key background details

  • constitutional issue in question

  • the ruling (and the Constitutional basis for the ruling)

  • the impact / significance of the ruling

misc

Unit 1

Unit 2

Unit 4

Unit 5