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POLS 2311 Notes (Fall 2015)

by: Vy Vu

POLS 2311 Notes (Fall 2015) POLS 2311

Vy Vu
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All notes taken in POLS 2311 during Fall 2015
US Government
Dr. Boyea
political science, POLS 2311, Boyea
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This 64 page Bundle was uploaded by Vy Vu on Monday February 29, 2016. The Bundle belongs to POLS 2311 at University of Texas at Arlington taught by Dr. Boyea in Spring 2016. Since its upload, it has received 119 views. For similar materials see US Government in Political Science at University of Texas at Arlington.

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Date Created: 02/29/16
POLS 2311 8.27.15  Office: UH 409 Hours: 11:15 am-12:00 pm  Email:  Resource hotline: (817) 272 6107  Weather related: (972) 601 2049  Scantron: 882-E  Quizzes: 4 questions  Exam Tardy Policy: Late = 0  Grading: o Midterm #1 – 25% o Midterm #2 – 37.5% o Final – 37.5%  Class Schedule: o Intro & American Political Culture (Chapter 1): Aug 27 – Sept 3 o Founding & Constitution (Chapter 2): Sept 8 – 22 o Midterm #1: Sept 24 o Federalism (Chapter 3): Sept 29 – Oct 6 o Civil Rights & Liberties (Chapter 4): Oct 8 – 15 o Congress (Chapter 9): Oct 20 – 27 o Presidency (Chapter 10): Oct 29 – Nov 5 o Midterm #2: Nov 10 o Federal Courts (Chapter 12): Nov 12 – 17 o Public Opinion (Chapter 5): Nov 19 – 24 o Political Parties, Participation, Election (Chapter 7): Dec 1 – 8 o Final: Dec 17 @ 9:15 am  2016 Presidential Election Candidates o Republican  Donald Trump  Prominent businessman and reality show entertainer  Chairman of Trump organizations  Important role in real estate and casinos  Currently front runner by large margin  Not politically correct!  Jeb (John Ellis) Bush  Former governor of FL  1999 – 2007  Son and brother of former presidents  Initially front runner  Active proponent of immigration and school reform  Ben Carson  Well regarded neurosurgeon  Director of pediatric neurosurgery @ Johns Hopkins Children’s Center, 29 years  Awarded Presidential Medal of Freedom 1 | P a g e  Vocal critic of Obamacare  Scott Walker  Governor of WI  2011 – present  Very successful conservative in Democratic state  Restrained state spending  Liked by conservatives and tea party  Marco Rubio  US Senator from FL  2011 – present  Child of Cuban immigrants  Successful record in FL state legislature  Active proponent of immigration reform o Republican Also – Rans  Ted Cruz  US Senator from TX  Rand Paul  US Senator from KY  Carly Fiorina  Former CEO of Hewlett – Packard  John Kasich  Governor of OH and former US House Representative  Mike Huckabee  Former governor of AR  Bobby Jindal  Governor of LA  Lindsey Graham  US Governor of SC  Chris Christie  Governor of NJ  Rick Perry  Former Governor of TX  Rick Santorum  Former US Senator PY  Jim Gilmore  George Pataki o Democrats  Hillary Clinton  Former Secretary of State for President Obama  Former US Senator NY  2001 – 2009  Wife of President Bill Clinton  Prominent in American politics since 1992  Bernie Sanders  US Senator from VT  2007 – present 2 | P a g e  Independent – Socialist until this year  Formerly at US House Representative (1991 – 2007)  Very focused on income inequality o Democratic Party Also – Rans  Martin O’Malley  Former governor of MD  Jim Webb  Former US Senator from VA  Secretary of Navy  Lincoln Chaffee  Former US Senator and governor of RI  Perhaps?  Vice president Joe Biden, Jr. o 2009 – present o Former US Senator from DE (1973 – 2009) o Very difficult summer due to death of son o What’s their goal?  The presidency!  But first, nomination for their political party (winner of delegate majority)  1 contests occur in Iowa and New Hampshire (2 small states)  2 state methods – caucus and primary  Iowa and New Hampshire mandated by state law to go first o The Iowa Caucuses  Feb 1 , 2016  Residents meet in about 1700 local precints  Precints are meeting places – schools, public buildings, etc.  There, citizens will separate into groups (Clinton group, Sanders group) and group size will be counted  Estimated that $20 - $30 billion will be spent  Slow, time-consuming, but intimate o The New Hampshire Primary  Feb 9, 2016  More like typical election, but doesn’t choose office holder rather nominee  Citizens will vote at local precints  Votes couonted by county governments  Winner receives most votes, but many candidates receive delegates (like Iowa)  Most states use primary instead of caucus  Candidate with majority delegates across country becomes nominee for their party 9.1.15  Politics help us deal with each other; necessary  Three Traits of Human Interaction – the essence of politics o Cooperation 3 | P a g e  Working with each other o Bargaining  Agreement between 2+ parties o Compromise  Settlement between sides  Win some lose some  What is Politics? o “Who gets what, when, and how?” o Process to determine who has power and where scarce resources are distributed o Power  Ability to get people to do what you want o Scarce Resources  Limited amount, i.e. money, jobs, laws o Avoid war and conflict, sometimes good sometimes bad  What keeps parties separate? o Conviction on what’s right, differences on what’s important o Democrat  Help poor, redistribute o Republican  Government keep out of personal lives, money spent elsewhere  Politics vs Government o Government  System created for exercising authority over people  Institution created by the people  I.e. constitution, interpret and carry out law  Arranged by law  Legitimate  When we accept their means  When we question our government, problems arise o What shapes politics?  Institutions  Shape politics, rules, create stability  I.e. US Congress, US Presidency, US Supreme Court  Majority rule  Determine allocation of resources, politics  Rules determine President, Electoral College 9.3.15  Intro to American Government Continued o Forms of Political Systems o Theories of Democracy – 4 specified forms  Recap: Class 2 o Politics: 4 | P a g e  Necessary and complex human activity  3 traits of human interaction  Cooperation  Bargaining  Compromise  Definition:  “who gets what when and how”  Process that determines who gets the power to make decisions about who gets resources o Power:  Ability to get other people to do what you want them to do o Resources:  Goods and services that are scarce and valued  Ex: health care, taxes, money o Government:  System created for exercising authority over body of people  Shaped by politics (cooperation, bargaining, compromise), but government provides rules that shape how politics proceeds  Ex: Universities, US Government o Institutions:  Aka rules/organizations in which power of government is exercised  Ex: majority rule, super majority, plurality  Forms of Political Systems o Authoritarian  Power to the state; Ex: Syria  Most extreme form: Totalitarian; controls moral order, economics, etc. (pretty much everything)  Monarchist: not all are total but some are; Ex: Saudi Arabia  Theocratic: religious based; Ex: Iran  Fascist: nationalist often with racial ties to it and conservative, often controlled by dictator; Ex: Italy and Germany  Citizens have very little say o Non – Authoritarian  Ultimate power lies with citizens  Anarchy: system where no government is involved; Ex: Freetown Christiania in Copenhagen, Denmark  Democracy: less extreme form of non-authoritarian, government controlled by the people  Maximum freedom rd  The 3 wave: lots of countries move to this system; communist -> democratic  The 2 ndwave: 1945, Africa, Asia st  The 1 wave: 1800s  Forms of Democracy 5 | P a g e o Elite Democracy: system chooses among competing leaders, citizens select leaders as long as it’s considered legitimate  King Caucus: Presidential way of selection, allowed those in power to control government based on assumption that elite know more than the masses  I.e. Thomas Jefferson; 1824 it falls apart  Unanimity  Ex: US Senate  Super Majority  Ex: filibuster, difficult threshold to override veto  Majority  Ex: House of Representatives o Pluralist Democracy  People participate in groups  Ex: environmental group, gun group  People get together to influence government and give voice to the people; interest groups  They can threat or provide biased info  Recognized limited power to form groups with power  Lots of groups o Participatory Democracy  People should be active in social and political life  Ex: Hippies of 1960s, Black Lives Matter o Republican Democracy  Elect representatives to reflect our views  Representation!  Works best for large population  Temper public passions; public too rash and can make problems on the long run, can limit this  Is Washington Broken? o Constant Bickering  Press alleges that national politics worse than ever before  Accurate? Maybe  Speaker of House of Representatives John Boehner allowed litigation against Obama  Recently Democratics in US Senate removed filibuster  Hamilton – Burr Duel (July 11, 1804)  Vice President Aaron Burr shot and killed former Secretary of Treasury Alexander Hamilton o Why? o Editorial against Burr by Hamilton o Hamilton upon being shot “This is a moral wound, Doctor” o Moral  Duels are bad for your health  Foote – Benton Disagreement (April 3, 1850)  Politics in US and Senate hostile prior Civil War 6 | P a g e  Following death of Senator John C. Calhoun  Foote pulled gun and was wrestled to the floor  Caning of Senator Sumner (May 22, 1856)  5 years before Civil War  Brooks attacks Sumner until unconscious  Dole – Kemp (1980 – 1990)  Less violent  Both prominent Republicans  Dole chided Kemp about tax plans  Ran together  Current Events  International o Afghanistan war  Domestic o $18.3 trillion and growing national debt  In debt to banks and foreign investors (China and Japan) o Affairs in Ferguson (MO), Baltimore, Charleston (SC)  Where do we stand?  Not too bad (caning) but politics still messy POLS 2311 9.8.15  The US Constitution o Important events + actors o The Colonial Period o Strains with Great Britain o The Continental Congress 7 | P a g e  The Colonial Period o First Nation to break with a monarchy (America very well suited to this, b/c good situation to be the 1 place, 1 to embrace democratic republicanism)  Selected democratic republicanism (we elect reps, reps represent us) o Why America?  Geography; this was a period of time where travel wasn’t easy, America rapidly creates 13 colonies by the 1720s VA to GA  Home Rule, allow colonies to govern themselves b/c communication wasn’t easy, colonies going to create assemblies (democratic) to make decisions about what colony needed to do, colonies learn independence & that democracy can work as a governing system o Limitations: GB is the intermediary so colonies are very separated  Security, needed GB b/c of threats like Indians, Spanish (FL), France (very significant threat)  England benefits – Tobacco, cotton (American south), indigo, etc. so colonies is a guaranteed market so builds economic ties & gain  Strains; war b/t England & France for centuries but both desire new lands (America)  External shocks, land split in half b/t French and English, war will spread throughout  Conflict emerges in the French & Indian War (1750s -1760s) o British win, Quebec goes to British o Security is less meaningful after GB wins the war o Colonies are more wealthy than England after England was economically drained from the war, England starts taxing colonies which causes economic strain  Breakdown of Home Rule; GB look for new routes of revenue  As new taxes come, colonialists reject the taxes, taxes created by British Parliament  Home Rule said taxes were made by their colonial states, these new taxes put the rule in question  Stamp Act o Largest Challenge o All printed materials must have the stamp, people had to pay for the stamp, way for England to collect tax on everything bought/sold o “No taxation without representation”  Responses by colonists o Boston Tea Party - 1773 Sons of Liberty dump tea in the Boston Harbor 8 | P a g e  4 New British Act (most focused on Massachusetts b/c they’re the one that rallies the most) o Boston Port Act – England closed down Boston port, Boston port no longer open for commerce, Boston was one of the biggest port which isn’t good o Massachusetts Government Act – Political assembly is shut down, democracy done in Massachusetts, King of England has a puppet running the show (colonial governor) so turns into a monarchy, loss of democratic rights o Quartering Act – member of British army may now live in any citizen’s home w/o the citizen’s permission o Administration of Justice Act – allow anyone accused of a crime to be sent off from Massachusetts, Boston to England to be trialed & sent to jail in England, no trial by peers st  For the 1 time, colonies unanimously say that acts are not okay, tells England to take the acts back (1 st continental congress 1774); meets in Philadelphia, signifies major colonial shift b/c now they interact b/t themselves, willingness to act as a group, not much done in the 1 ; George Washington, John Adams, Thomas Jefferson meet for the first time nd st nd  2 Continental Congress – war has started b/t 1 & 2 Continental Congress o National Congress  Instruct the colonies to become states; separate from GB; based on principles of democracy  Authorize an army – Washington put in charge b/c he’s a recognized military strategist & was in the British army before  Declaration of Independence – Thomas Jefferson w/ asststance of 4 others including John Adams, 1 time in US history “the United States of America” is heard, basic rights of citizens defy the right of the Kings, “all men are created equal” defies view of all other countries in the world  The Founding and the Constitution – Colonial Era through Ratification of the Bill of Rights o Timeline  1607 – Jamestown Colony  1754-1763 – French & Indian War  1765 – Stamp Act; England applies tax to all products produced by England 9 | P a g e st  Fall 1774 – 1 Continental Congress  April 19, 1775 – Battles of Lexington & Concord (Massachusetts, then spreads); hold their ground  June 17, 1775 – Battle of Bunker Hill; militia loses but causes great casualties to England  Summer 1775 – 2 nd Continental Congress (first time term “United States” was heard)  July 4, 1776 – Declaration of Independence  1777 – Articles of Confederation; governing document for ~10 years  October 19, 1781 – Victory at Yorktown, VA  1783 – Treaty of Paris  1786-87 – Shay’s Rebellion  1787 – Constitutional Convention  1789 – Ratification of US Constitution  1791- Ratification of Bill of Rights; 10 amendments o Familiar Names:  Samuel Adams; build up animosity with England, concerned w/ Massachusetts, leading person in the Sons of Liberty  John Adams; cousin of Samuel Adams, lawyer to the soldiers of England in the Boston Massacre, delegate to continental congress, responsible for negotiating money, first Vice President, 2ndPresident, 1 president to lose a reelection effort, on the committee to write the Declaration of Independence st  George Washington; delegate to continental congress, 1 commander in chief of continental army, 1 president, most well regarded president in American history next to Lincoln  Thomas Jefferson; delegate to continental congress, ambassador to France, author of dec of independence, vice pres of adams, 2 term pres after adams, president of university of VA  James Madison; father of constitution, bill of rights, writes for the federalist papers (pamphlets sent to colonies to say why constitution should be ratified), 4 president  Alexander Hamilton; murdered/shot by Aaron burgh (vice pres of US), Washington’s right hand man, from west indies, federalist, leader of federalist party, founder of US economic system  King George III of GB; king during French & Indian, American Revolution, Napoleonic War, goes crazy b/c of a disease, is vilified by the US 10 | P a g e 9.10.15  Textbook (Ch 2) Quiz #1 (begins today @ 11am for 24 hours)  The US Constitution o The Articles of Confederation  At War  In Peace o Shay’s Rebellion o Influences on the Founders  The Articles of Confederation; formal in 1781 and ends in 1789 o The first American constitution  A failed attempt at democracy; not going to work but used for ~10 yrs  Understandable o A confederation – States have total authority  Creates a confederation congress  Each state has one vote  Super majority (9/13) have to agree on an issue  Major laws (13/13) for taxes, etc. , rule based on unanimity which makes it weak  No president yet b/c idea is attached to a king  No national assemble  At War  States fail to provide supplies & troops for the war effort  Economics o Congress could borrow but couldn’t tax so there was a growing debt but no way to bring down the debt o No bureaucracy, deteriorating military so give states more authority to deal w/ it, states didn’t work well with each other o 1781 – End of war o 1783 – Treaty of Paris o War torn economy ($25 Million to American Collectors, $10 Million to foreign investors) o Back pay to soldiers o National currency almost no value o No interstate economic system  Shay’s Rebellion (problem of nonexistent interstate economic system) – 1786 o Massachusetts & spreads o Daniel Shay starts it; collection of discontented farmers, soldiers that lost land & assets; mob rule o Political system (local & sometimes state) shut down, success, stopped in 1787  1787 – Constitutional Convention  Age of Enlightenment 11 | P a g e o Influences on the Framers  John Locke (English, 1632-1704)  Citizens delegate authority to the government  Can rescind authority as well  Stressed individual rights & limited government  Baron de Montesquieu (French, 1689-1755)  Promoted tripartite government: executive, legislative & judicial branches; separation of powers so no side gains too much power  Limited scope of government  Size of government should be small  David Hume (Scottish, 1711-1776)  Treated politics as completion among competing interests  Perpetual bargaining leads to balance  Like Smith’s views of the marketplace o James Madison  The national/federal government should have power over the states  The articles have given complete authority to the states & the states have abused it  Identify series of problems (5) & brings them to the convention, provides ways problems could be dealt with  States have failed to honor tax pledges (didn’t pay veterans, etc.)  Fail to honor pledges of internal improvement (basic human necessities, road, canals, infrastructure, etc.)  Blocked interstate commerce (crippled by actions of the states)  Have not payed debt payments to England in the Treaty of Paris  13 separate rules of law (each state has laws which were very different from each other)  Solution: give states less authority; create stronger, larger national government (that will protect democracy, economy) o 1787 Constitutional Congress  Radicals & Moderates  50% don’t care b/c they’re doing well, don’t like the idea of change, don’t participate Review  Events Leading to Independence (Political Tension & Rebellion) o Changing Landscape o Removal of Home Rule  Stamp Act  Tea Tax o Boston Tea Party (Dec 16, 1773) 12 | P a g e o Intolerable Acts (aka Coercive Acts)  Passed in 1774 –  Boston Port Act  Massachusetts Government Act  Quartering Act  Administration of Justice Act o 2 ndContinental Congress – The Declaration Committee o Military Commanders  Continental Army:  George Washington  British Army:  Sir Henry Clinton (formally in charge) and Charles Cornwallis (most historians pay attention to, very good general) 13 | P a g e 9.15.15  Midterm #1: Thursday, Sept 24 th  The US Constitution o Madison’s Objectives o The Legislative Branch  Virginia Plan  New Jersey Plan  Great Compromise o The Executive Branch o The Judicial Branch  The Constitutional Convention o Moderates, 1/3 of Americans  States have authority, okay with some change o Radicals  Alexander Hamilton, James Madison, etc. o Philadelphia, May 1787 o Madison’s Objectives  Create a stronger national government  Tripartite (checks & balances)  Bicameral legislature (two houses)  Apportioned by population  National government supremacy  Ratification by state convention (approval by people of the states by gathering in conventions to show unity and support from the root level) o Madison is fully prepared compared to opponents, hijacks convention to do away with articles and create a new form of government o Virginia Plan (“Big State Plan”; Madison’s Plan but presented by Randolph) -> Legislature  Bicameral Legislature  Lower House -> based on population; favor big states, not small states; directly elected (by voters)  Upper House -> based on population; lists come from state legislatures; elected by Lower House  National Supremacy  No state nullification of federal laws  Tripartite System  Executive Branch  Judicial Branch  Majority Rule o New Jersey Plan (“Small State Plan”)  Fail to propose a tripartite 14 | P a g e  One legislative chamber  Majority rule  Power to tax o Connecticut Plan (“Great Compromise”)  Bicameralism House of Representatives (Lower Chamber) o Virginia Plan o Apportioned by population o Serve 2 years terms (makes them connected to the minds of the public or they will lose office) o Census every 10 years determines how large state’s representative body will be o Originate finance/tax policy US Senate (Upper Chamber) o New Jersey Plan o Serve 6 years (cool things off, act as a delegate/rep but has leeway to not go with mob mentality) o Geographical representation  Each state = 2 senators o Article 1: US Congress -> New powers given to Congress  Commerce Clause – anything that crosses state boundaries can be regulated by congress  Necessary & Proper Clause – anything both necessary & proper, Congress can create a law about it -> can increase power of Congress in the future based on changing conditions o Article 2: Executive/Presidency  Avoid the centralization of power; doesn’t want another King George III  Madison -> a limited executive -> 4yrs (wins)  Hamilton -> executive for life  State example -> 2 years like the reps; weak  Selection Compromise Mixed form of representation o Electoral College (538 members -> Electors)  House Delegation + Senate Delegation (2) Ex: TX – House (36) + Senate (2) = 38 members   National govt inept b/c can’t pay war funds, Shay’s rebellion signifies deep unrest within country, states printed their own money, Shay’s rebellion made some govts yield but is eventually stopped 15 | P a g e 9.22.15  Midterm #1: Tuesday Sept 29  Review: Thursday Sept 24  The US Constitution o The Executive Branch (Art. II) o The Judicial Branch (Art. III) o The State (Art. IV) o Amending the Constitution (Art. V) o Ratification  The Executive Branch o The Selection Compromise  The Electoral College  Elector: parties choose to represent them  Indirect selection of the president  TX: 36 electors potentially; technically vote for the political plank, not the president  Caused by distrust; not direct b/c it gives too much power to the people (possibly not educated)  Process – (Today) o Total of House + Senate + 3(DC)  538 (total amount of electoral college positions)  Winner receives the majority  270!  If electoral college fails to select winner, House will choose President and Senate will choose Vice President o 12 Amendment: President & Vice President run together  Which Powers? (to the president) The Executive Branch (Art. II) o Presidential Veto  Allows him to cancel an entire piece of legislation  Plenary (means total/complete)  Needs a super majority (2/3) to override veto (House & Senate)  Check on Congress o Convene Congress o Foreign Affairs (President has enormous power to deal with other countries; strongest in foreign; domestic is Congress)  Treaties -> negotiate; sometimes needs support of Senate  War -> however only Congress can declare war; though he could send troops o Commander-in-Chief  Head of the military  The Judicial Branch (Art. III); the courts o One US Supreme Court; only one created in Constitution, not given much attention at first but received more power over time  Serve for life 16 | P a g e o Jurisdiction – all cases that arise under the Constitution or laws of the US o Relation between state + nation  Supremacy Clause (Art. VI)  Give courts enormous authority over issues about state & nation o Who appoints?  President nominates, Senate confirms Ex: Obama put Sotomayor(Hispanic, woman) and Kagan into the court o Should there be other courts?  Don’t answer  Congress may select 1789 The States (Art IV) o Forced to work together  Inter-state commerce clause Congress regulates economy, if something travels across a border congress can regulate it (wage, price & cost of goods) States are in competition with each other o Foreign affairs -> national power, not states o Lots of states have debt, the new national constitution puts the debt under the national government so gives the states a clean slate o Creates a common market; Congress dictates trade, debt, all financial matters for the most part unless it’s a state issue o Creates economic stability; hard for the states to swallow since they gave up many powers Amending the Constitution (Art V) o Contract between the people + the national government o Stage 1  Congress may propose with 2/3 support by both chamber  Congress to call a national convention 2/3 of participants o Stage 2 – Congress has the choice  State legislatures -> 3/4 (26 out of 27 times)  Special State Conventions Repeal of Temperance 17 | P a g e 9.24.15  Current Events: o Pope Francis visiting the US today; seeing Congress, cabinet members, etc.  The US Constitution o Towards Ratification – last step  Compromise with Anti-Federalists  The Bill of Rights (Amendments 1-10)  James Madison  1) Freedom of speech, press, religion  2) Right to bear arms  10) Reserved power of the states  Moderates/Radicals met opposition in Anti-Federalists  George Mason + Patrick Henry  Fears – no safeguards for individual + states  13 State Conventions 9/13  Virginia + New York (& Rhode Island) slow to make a decision  Eventually all states ratify in 1791  Federalist Papers  John Jay, Alexander Hamilton (the most), James Madison (the best)  EXAM REVIEW o Midterm #1 Format  35 Questions  All multiple choice  9:30-10:50; normal class time  80 minutes  Scantron 882-E; pencil  Be on time o Questions  Lectures + Readings  2 Topics (US Constitution &  Dates in book & lectures are important, i.e. When they met in Philadelphia, Shay’s rebellion o Introduction  Questions come from books – read  Politics exist for 3 reasons:  Cooperation  Bargaining  Compromise  Politics is  Who gets what, when, and how; how should resources be distributed 18 | P a g e  How we arrange our lives, can be a messy process  Resources  I.e. money  Power  Ability to get people to do what you want  Government  System created for exercising authority over people  Allows body of people to exert its will  Institution  Rules  I.e. filibuster, supremacy clause, necessary & proper clause  US – Republican Democracy  People elect a representative  Authoritative – Government has near total authority  Dictator  Monarch – Saudi Arabia  Theocratic – Iran  Fascist – very nationalistic; Mussolini, Hitler  Non Authoritative – ultimate power to the people  Democratic  Republic  Anarchy o The Constitution  Home Rule – the colonies had power to govern their own affairs instead of GB  Things that deal with other colonies had to go through GB, so colonies didn’t deal with each other  Jamestown 1607  Georgia ~1720  Moving b/c religion, wealth, debt (indentured servants)  Threats facing colonies  Indians, French, Spain  French & Indian War  British win but become debt ridden, so taxes the colonies o US cries no taxation without representation, MA particularly unhappy, big: Stamp Act, results in Boston Tea Party & eventually war 1775 in Lstington & Concord o 1 continental congress: when states first meet each other & work together o 2ndcontinental congress: instruct colonies to reform government (tripartite, congress, independent from GB), create national army, declaration of independence  1781 war is over, Treaty of Paris 1783 19 | P a g e  Articles of Confederation – body of government that gives power to local governments  Bad b/c weak: no national congress, difficult to pass laws (9/13(super majority)- basic laws; 13/13(unanimity)- major laws); can’t tax, massive debt; states & national government both print money, states taxing each other  Articles don’t work so created Constitution  James Madison, Alexander Hamilton, John Jay, George Washington going to Philadelphia  1787 Shay’s Rebellion  Madison – how to change government o Virginia Plan  Bicameral, gives power to people, big states favored o New Jersey Plan  Favor small states o Creates compromise  House of Reps, supremacy clause, presidency – VA Plan  Senate – NJ Plan 20 | P a g e 10.1.15  Federalism o Sometimes it fails  Film: The storm o No troops sent, the barracks flooded, late rescue effort, the government was not prepared for the storm, FEMA became a dumping ground for political appointees instead of having professionals so during Katrina and another hurricane there was nothing done, the director got replaced by James Lee Witt, a professional, who finally made FEMA a professional agency for emergencies, he began “project impact” with 30 million dollars that gave money to cities to promote prevention of natural disasters, Bush administration cut down FEMA to cut budgets and stuffed it with political appointees (Witt had quit when Bush became president), and right when it was cut down earthquakes, hurricanes, and terrorist attacks hit. FEMA downgraded to a subunit of Homeland Security even though it’s a good organization, it was a mistake to put an extra boundary for FEMA to move during emergencies (i.e. more taxes, cut budget). FEMA made a plan for emergencies called PAM report but its budget was cut before communications, evacuation, medical attention, etc. was finalized. Federal government handed out a lot of money for cities to create a better communications system but not enough rules with it so the cities bought whatever. 21 | P a g e 10.6.15  Quiz #2 – Active today at 11 AM, over Chapter 3 – Federalism  Tests back today  John Banor – Speaker of House – Steps down to delay government decision on cutting planned parenthood and raising the debt ceiling  Federalism - hurricane Katrina o Joint relationship between states and national government o Designed to give national and sub national government power o Sometimes doesn’t work – hurricane Katrina (august 2005) hits New Orleans, Louisiana o Louisiana – most French of the states, hybrid political system, unique – law, food, music o Levies built around New Orleans to help city not flood from Mississippi River, but made the city below sea level o Super dome is a place of refuge at first, but then becomes a place of lawlessness o After flood – people are hungry, thirsty, o People begin asking who’s in charge o Who’s active?  US Coast Guard  Louisiana national guard (down by about 35% - serving in Afghanistan, Iraq) o Violence erupts, people suffering, people begin lashing out at the government o President Bush doesn’t want to put people on the field (they won’t be able to protect themselves from gunfire – lots of stories about this), unless they can use weapons but he needs permission from LA first o 1878 – Posse Comitatus Act: active duty soldiers can’t be in the city unless permission is received o Person in charge of LA, she says no since she doesn’t want active duty soldiers under President Bush in the state, unless they’re under her o Compromise  US Army – 2 Masters  Disaster Relief – Pres. Bush  Security, Law Enforcement – Gov. Blanco o Bush – popularity went from 50% to 23% after hurricane Katrina, Gov. Blanco loses reelection b/c ineffective  Federalism o Not overly common - tries to divide state and federal power equally 22 | P a g e  Canada  Mexico  Germany  Australia o Often in state of fluctuation – sometimes federal more power, sometimes states more power o Product of a legacy of experience with GB, constitutional law, Articles of Confederation  Alternatives o Federalism o Unitary System  1 single sovereign national government  Concentrated power  Ex: Great Britain  Parliament – ability to control everything o Confederal System  Power is decentralized – power not to national government rather to state governments  Ex: Articles of Confederation, Confederate States of America; doesn’t work very well  Three Qualifications for Federalism o Overlapping Boundaries  Ex: dual citizenship with Texas and US, 2 sets of laws that protect you o The Constitution must protect both levels from encroachment  Must be ways to protect state government from national government and vice versa  Ex: Supremacy clause – national government vs state government, national government will win; 10 amendment – power not given to national government is the power of state government o Each unit (state or national) can apply leverage on the other  Ex: State side -> US Senate protects the state, designed to give each state equal protection (each gets 2 votes), filibuster  17 Amendment will change things – allow voters to select state senators rather than the states to vote  Ex: National side -> Spending power, gives states money which states can take or not but if they do take there are rules to the money (create uniformity), interoperability (police, military, etc. all can communicate with each other) 23 | P a g e 10.8.15  Federalism – The Constitutional Basis of Federalism o Power to the States  The US Senate – Article I  The greatest victory for states’ rights advocates  Initially selected by state legislators, not voters (until 1913 – 17 amendment: voters select legislators)  Stalwart opponents of change – regional interests prevailed (esp. areas about race, tax, etc.)  Constitutional Change – Article V  Affected by constitutional ratification by state conventions, rather than state legislatures  Requires ¾ of states to approve permanent constitutional change (38 of 50 states)  Again, protects regional interests th  The 10 Amendment  The final amendment of the bill of rights  Antifederalists and first Congress wanted protections for individuals and states  An explicit endorsement of federalism  The powers not delegated to the national government are reserved to the states o Powers to the National Government  The Supremacy Clause – Article VI  The laws of the national government prevail (if there’s a tie b/t federal and state, federal will win)  The greatest implication for modern federalism  National dominance relating to slavery, civil rights, healthcare  The Commerce Clause – Article I  With the supremacy clause, the most important tool for the national government 24 | P a g e  Congress may make all rules about interstate trade and economics  Regulation of the national economy (i.e. salary, prices; creates equal economic playing field)  Far reaching effects (can use in many ways)  The Necessary and Proper Clause – Article I  An inherent power that allows Congress to change with society (power that can evolve over time)  Allows Congress to carry out enumerated powers (specified powers attach to this clause)  Has affected war efforts, the national economy, and civil rthhts for African Americans  The 14 Amendment  Extension of citizenship to all Americans, regardless of race  Restricts states from violating the rights of citizenship (i.e., the Bill of Rights)  “Due Process” – the right to an effectively fair trial  “Equal Protection” – the ability to say that you as a member of a minority status has the right to full rights that are available to other majority groups (Caucasians); concept used in gay rights/marriage o Relationship among the States  The Full Faith and Credit Clause – Article IV  States must respect the laws of other states  Explains validity of out of state driver’s licenses and other legal/administrative documents  Gay marriage prior to last summer?  1996 – Defensive marriage act: states can create their own definition of marriage (i.e. only heterosexual? Okay, both? Okay)  The Privileges and Immunities Clause – Article IV  States cannot discriminate against residents from another state  Unrestricted travel is permitted  The 3 Eras of American Federalism o Dual Federalism (1789 – 1933)  National and state responsibilities are separate  Domestic Policy -> states  International -> national  Desire for a small, inactive national government  “Layered Cake” – National on top, States on bottom  Supreme Court -> States’ Rights o Shared/Cooperative Federalism (1933 – 1980) 25 | P a g e  1920s – stock market crash, disastrous economy; Hoover in charge and tries to change things but complaints he isn’t doing enough  After 1929, mixture of national and state government powers  “Marble Cake” – national and state mixed together, no obvious separation  “New Deal Policies” – series of policies that will intertwine state and national powers, spend money, redistribution of money; (work, recovery, regulation)  National Policies -> State Policies  National makes programs/ideas, states in charge of it (i.e. Social Security)  Nationalization – power shifting from states to national government  I.e.: Medicare, Medicaid, welfare programs o Great Society (1963)  President Kennedy shot, Lyndon Johnson becomes president  Lyndon is fan of Roosevelt, so going to create new program “Great Society” or War on Poverty  Uses popularity to pass many new policies, lots of welfare, education help, etc.  Categorical grants – 100 o Picket fence federalism  Arts, education, welfare health -> shifts national money to states o Use agencies like IRS to tax wealthy areas and give to poorer districts o Education, welfare, etc. begin to equalize to b/c congress trying to create an equal playing field o When states accept money, states must accept regulations that comes with it o New Federalism (1980 – present)  President Ronald Reagan  Block Grant -> give states lots of money to focus on their needs with more flexibility o Why nationalize?  1930s: increasingly powerful national government because the Constitution allows it  Strong national government even after New Deal Federalism era (current) 26 | P a g e 10.13.15  Chapter 4 – Begins today  Civil Rights to Civil Liberties o A comparison and the Bill of Rights o The Routine Loss of Rights o Civil Rights and African Americans o Slavery in the Constitution  #1 – The Bill of Rights (Amendments 1-10) o Amendment 1  Congress shall make no law:  Respecting an establishment of religion, or prohibiting the free exercise thereof;  Or abridging the freedom of speech,  Or of the press;  Or the right of the people peaceably to assemble,  And to petition the government for a redress of grievances. o Amendment 2  A well-regulated militia, being necessary to the security of a free state,  The right of the people to keep and bear arms, shall not be infringed. o Amendment 3  No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner,  Nor in time of war, but in a manner to be prescribed by law 27 | P a g e o Amendment 4  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,  And no warrants shall issue, but upon probable cause… o Amendment 5  No person shall be held to answer for a capital…crime, unless on a presentment or indictment of a grand jury…;  Nor shall any person be subject for the same offense to be twice put in jeopardy…;  Nor shall be compelled in any criminal case to be a witness against himself,  Nor be deprived of life, liberty, or property, without due process of law;  Nor shall private property be taken for public use, without just compensation. o Amendment 6  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…;  To be confronted with the witnesses against him…,  And to have the assistance of counsel for his defense. o Amendment 7  In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…  Civil case not criminal case o Amendment 8  Excessive bail shall not be required,  Nor excessive fines imposed,  Nor cruel and unusual punishments inflicted. o Amendment 9  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.  Lots of rights not expressed, but just because it’s not expressed doesn’t mean it can be taken away (i.e. abortion, privacy). o Amendment 10  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. o Civil Right or Civil Liberty?  Civil rights are rights granted by the government.  The general notion is the government should treat citizens equally.  Positive.  Civil liberties are protections from the overreach of government. 28 | P a g e  These protections exist out of fear (of what the government can do to you, what they can take away from you).  Negative.  #2 – A Routine Loss of Rights o Arab American (or people attached to the 9/11 incidents)  “Enemy Combatant” – term given to American citizens that are related to treasonous activities, until military tribunal determines innocence or guilt o Japanese American (Pearl Harbor)  Internment and Curfew  People on west coast near Japan must participate in curfew  Japanese Americans taken from west coast and told to move into internment camps, they lost their property, wealth, and many other rights  Camps ran for remainder of the war and Japanese let go after the war, and it was perfectly okay at the time. Later on, people were against it because it breached the rights of citizens. o African American (never had rights until about 1960s)  Popular perceptions shifts what we think of as civil rights and liberties o James Madison  “Tyranny of the majority” – when public perceptions large enough to allow government to take away civil rights from the minority  #4 – Slavery in the Constitution o North – industrialized (manufacturing)  Slavery exists but not necessary, instead need more paid labor o South – agrarian (farm based, manual labor)  Economy runs on cotton, tobacco  Slavery seen as a necessity o Something that requires compromise  North wants it eradicated, south unwilling to remove it  South -> slaves count in the population (House)  North -> slaves should not count  3/5 Compromise – not going to count slaves as a total individual, count them as three-fifths of an individual  1808 Clause/Provision  Slave Importation until 1808, no law shall question slavery for 20 years and then it should be reconsidered afterwards; compromise to hope next generation fixes it  North can trade with Canada, England, and many European countries without many taxes; South can have slaves o 1808 – 1820 29 | P


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