Search for Gibbons v. Ogden

Chapter Review 1 - 3 Definitions Power/authority/legitimacy Government/Politics Policymaking wheel Pluralism/Elite Class Theory/Hyperpluralism Self-Government (Colonial Legislatures)/French-Indian War = Taxes Stamp Act Resistance to taxes Interaction with British Soldiers Massacre/Tea Party Declaration of Independence Bitter attack against the King, NOT Parliament Lockean Ideas Natural Rights Consent of the Governed = Representative Government = Popular Sovereignty (government rests with the people; made government legitimate) Limited Government Standing Laws Preservation of Property = principle purpose of government Right to Revolt Common Sense Revolution Conservative Revolution Articles of Confederation (1781 Power with the states Few powers outside maintaining an army and a navy (though not a standing Army Unanimous Consent to pass new laws 9/13 to Amend No power to tax No executive branch No judicial branch No power to regulate interstate and foreign commerce No common currency No uniform bankruptcy laws (Shay’s Rebellion) Changes in the States States adopted bills of rights, abolished religious qualifications for holding office and liberalized requirements for voting Farmers and Artisans (new middle class) taking over legislatures (especially in the North) Ideas of egalitarianism among white males driving force Economic Turmoil New middle class more sympathetic to debtors and were passing laws favoring debtors over creditors Shay’s Rebellion 1786 Series of attacks on courthouses Spread to other states Frightened economic elites Push for change = Constitutional Convention Constitutional Convention (May 1787) 55 elites Human Nature Men were selfish, out for money and power (Hobbes) Political Conflict Unequal distribution of property (wealth) Led to factions (interest groups/political parties) Government should check the effects of factions Purpose of Government Preservation of Property Nature of Government Power set against power so no one faction would overwhelm others Separation of powers and Checks and Balances (Montesquieu) Equality Issues Connecticut Compromise 3/5 Compromise Voting determined by states Economic Issues Beard Commerce/Slave Trade Compromise Coining $ Levy Taxes Borrow/Spend Uniform bankruptcy Laws Assumption of Debt Individual Rights Issues Prohibits suspension of the writ of habeas corpus No bills of attainder No ex post facto laws Prohibits religious qualifications for holding office Trial by jury Narrowly defines treason Madisonian Model Reconciling Majority Rule (those without property/wealth) with the protection of Minority Rights (wealthy) Majority rule is the most fundamental element of democratic theory Electoral System Visual Put as much government as possible beyond the power of the majority More democratic today 17th Amendment Electoral College mimics the popular vote in each state Separation of Powers/Checks and Balances Creating a federal system of government An additional check on the national government Set up a Republic, not a Democracy System based on consent of the governed in which representatives of the public exercise power Ratification Federalists v Anti-Federalists Federalist Papers Bill of Rights Barron v Baltimore Constitutional Change Federalism Two or more levels (national and state/local) of government, each with significant policymaking power No other practical choice in 1787 People were more loyal to States Compare with Unitary and Confederate Constitution guarantees states equal representation in the Senate (an example of federalism; Senators look after the interests of their state, rather than a district) National Supremacy Supremacy Clause Civil War Civil Rights Movement 10th States’ Rights Advocates An assertion that States have independent powers of their own, not a declaration that State powers are superior to those of the national government 11th Amendment Sovereign immunity McCulloch v Maryland Supremacy of the national government when acting in accordance with the Constitution Doctrine of Implied powers Necessary and Proper Clause aka elastic clause Regulation of food and drugs, interstate highways, clean up air and water, minimum wage, military draft Commerce Power Gibbons v Ogden NLRB v. Jones Wickard v Filburn US v Lopez and US v Morrison Printz v US and NFIB v. Sebelius Decentralizes politics (more access points to government) AND Decentralizes policies (Allows states to act as laboratories and to have different policies regarding the same issue) States’ Obligations to each other Full Faith and Credit Privileges and Immunities The more fundamental the right (owning property and police protection), the less likely it is that a state can discriminate against citizens of another state Saenz v Roe (1999) Privileges and immunities clause of the 14th amendment Extradition Intergovernmental Relations Shift from dual federalism (layer cake) to cooperative federalism (marble cake OR 50 marbled cakes) Cooperative Federalism Interstate highways Education Shared costs Shared administration Federal guidelines Strings (conditions) for receiving federal funds (raising the drinking age to 21) Devolution 1994 Congress Transferring of responsibility for policies from the federal government to state and local governments Repeal of federal speed limit laws More latitude in dealing with welfare policy Soon reversed course Found turning the federal government and restricting state power as a means to achieving policy objectives Health care and immigration Tea Party Movement Push for more devolution Fiscal Federalism Pattern of taxing, spending and providing grants in a federal system Grants Making Categorical Grants Project Formula Grants Block Grants 1996 Welfare Reform Act Mandates Requirements that direct state or local governments to provide Additional services under threat of penalties or as a condition of receipt of federal grants Medicaid NFIB v Sebelius ADA (1990) NCLB (2002) Place financial burdens on states Diversity in Policy Education funding Welfare Payments Discourages states from providing services Death Penalty

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