Chapter 3 Notes - POLI 201
Chapter 3 Notes - POLI 201 POLI 201 001
Popular in American National Government
POLI 201 001
verified elite notetaker
Popular in Political Science
verified elite notetaker
This 10 page Class Notes was uploaded by Sierra Crumbaugh on Tuesday February 2, 2016. The Class Notes belongs to POLI 201 001 at University of South Carolina taught by Darmofal in Spring 2016. Since its upload, it has received 146 views. For similar materials see American National Government in Political Science at University of South Carolina.
Reviews for Chapter 3 Notes - POLI 201
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 02/02/16
Chapter 3 Thursday, January 28, 201610:32 AM Two of the Most Important Institutional Features Thursday, January 28, 2016 10:04 AM Federalism divides power into two levels: National and State Separation of powers divides each level of government against itself These institutional features limit the power of government by dispersing power and making collective action difficult Founders were elites and saw a lot of activity in the articles of confederation at the state level They wanted to make a national government that made it as difficult as possible to create policies because they didn’t want the opinions and wants of the lower class and the normal people to be able to change policy Auxiliary Precautions Thursday, January 28, 2016 "A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions." - James Madison, Federalist 51 Federalism and the separation of powers are important precautions against the "tyranny of the majority" Wanted to reduce popular influence on the government while still allowing the popular people to be involved in elections and some sort of political action precautions against the "tyranny of the majority" Wanted to reduce popular influence on the government while still allowing the popular people to be involved in elections and some sort of political action Institutions are Not Carved in Stone Thursday, January 28, 2016 • Institutions are subject to revision and modification as competing forces seek new decision rules that will give them an advantage • Federalism and separation of powers have evolved considerably over time Why Keep the States?? Thursday, January 28, 2016 • Some at the Constitutional Convention, particularly Alexander Hamilton, preferred an even stronger national government than the one they created • The well-‐established history of the state governments was an important reason the states retained so much power. ○ Pre-‐Civil War: The United States are (plural) ○ Post-‐Civil War: The United States is (singular) Defining Federalism Thursday, January 28, 2016 Federalism is the division of powers and functions between the national and state governments • The Constitution provides "expressed powers" and "implied powers" to the Federalism is the division of powers and functions between the national and state governments • The Constitution provides "expressed powers" and "implied powers" to the federal government • The 10th Amendment reserves the rest of governmental power for the states ○ Founders recognized that they were creating a Constitution that couldn't get rid of the states and that needed to get 9/13 of the states on board with the Constitution ○ Had to take into account the states that were more interested in power vested in the states Why Federalism Matters: Hurricanes Katrina and Sandy Thursday, January 28, 2016 • In the case of Hurricane Katrina (2005), federal, state, and local officials blamed one another for the government's slow response • When Hurricane Sandy (2012) hit the New Jersey shore, President Obama and state and local officials were very careful to work together to coordinate disaster response. States' Obligations to One Another Thursday, January 28, 2016 • The Constitution's Full Faith and Credit Clause:States are to recognize actions and decisions taken in other states as legal and proper Another Thursday, January 28, 2016 • The Constitution's Full Faith and Credit Clause:States are to recognize actions and decisions taken in other states as legal and proper ○ Driver's licenses and marriage ○ Wanted to move away from the Articles of Confederation and wanted to make sure that all the states acted as one unit/country • The Privileges and Immunities ClauseA: state cannot discriminate against someone from another state or given special privileges to its own residents ○ Colleges and acceptance/tuition?? Local Government and the Constitution Thursday, January 28, 2016 • Local governments (counties, cities, towns, etc.) are not granted any power in the Constitution, as they are creations of the state legislatures and state constitutions. • Most states have given larger cities in their states home rule: a guarantee of noninterference in local affairs Four Stages of Federalism Thursday, January 28, 2016 10:44 AM 1. Dual Federalism (1789 -‐1937) 2. Cooperative Federalism (1937-‐1960s) 3. Regulated Federalism (1960s -‐1990s) 4. New Federalism (1990s -‐Present) Dual Federalism: • Powers were shared between the federal and state governments • States exercised the most important powers • It was called "dual federalism" because the Dual Federalism: • Powers were shared between the federal and state governments • States exercised the most important powers • It was called "dual federalism" because the duties and operations of the different levels of government remained more strictly separated • Policy responsibilities largely rested on the states Exceptional Cases Establish National Power: • McCulloch v. Maryland (1819) established the power of the federal government by utilizing the necessary and proper clause by utilizing the supremacy clause • Gibbons v. Ogde(1824) reinforced federal power • Despite these cases, federal power barely grew until the New Deal From Dual Federalism to Cooperative Federalism: • During the New Deal (1930s), Congress enacted legislation expanding the federal government's role in regulating commercial activity • The Supreme Court shifted course and upheld federal regulation of a variety of commercial activities (NLRB v. Jones and Loughlin Steel Company) Cooperative Federalism: • Marked by supportive relations, sometimes partnerships, between the federal government and the state and local governments • A ride in "grants -‐in-‐aid": funds given by Congress to state and local governments Regulated Federalism: • The federal government dictates national standards states must meet or rules states must follow • A rise in unfunded mandates: national standards or programs imposed on state and local governments without accompanying • The federal government dictates national standards states must meet or rules states must follow • A rise in unfunded mandates: national standards or programs imposed on state and local governments without accompanying funding New Federalism: • Efforts to craft national policies to return more discretion to the states • Rise in block grants • Unfunded Mandates Reform Act • Loosening of federal restrictions on -in-‐ aid, like the Welfare Reform Act • Efforts by the courts to interpret the interstate commerce clause more narrowly New Federalism and the Health Care Reform Act: • Is the individual mandate in the new health reform law constitutional? ○ NO! § There is no expressed power in the Constitution to require citizens to purchase anything from a private firm, and it has nothing to do with regulating interstate commerce. ○ YES! § The penalty imposed for not purchasing health insurance is a tax. In addition, this is simply part of regulating a commercial activity, just as most states require people to purchase auto insurance. Separation of Powers Tuesday, February 2, 2016 10:14 AM "You must first enable the government to control the governed; and in the next place oblige it to control itself." -‐James Madison, Federalist 51 Tuesday, February 2, 2016 10:14 AM "You must first enable the government to control the governed; and in the next place oblige it to control itself." -‐James Madison, Federalist 51 → The separation of powers seeks to limit the power of the federal government by diving government against itself Checks and Balances: A System of Mutual Vetoes Tuesday, February 2, 2016 → The Constitution establishes mechanisms through which each branch of government is able to participate in and influence the activities of the others → Each branch has agenda and veto power that requires cooperation among branches to get things done Legislative Supremacy Tuesday, February 2, 2016 → The Constitution did not create "separate but equal" branches ○ The legislative branch was expected to be the most powerful branch ○ This is one reason for bicameralism → Branches are given the power to defend themselves against "encroachments" Separation of Powers and the Rise of Divided Government Tuesday, February 2, 2016 Separation of Powers and the Rise of Divided Government Tuesday, February 2, 2016 → Democratic Congresses struggles with the Nixon and Reagan administrations for the control over war and spending powers → A Republican House of Representatives struggled for policy control and eventually impeached Bill Clinton (although the Senate did not convict him) Divided Government has Remained the Norm Tuesday, February 2, 2016 10:39 AM → In 2007 and 2008, Democratic Congresses confronted George W. Bush's administration over issues ranging from the War in Iraq to the SCHIP Program → In 2011 and 2012, Republican control of the House of Representatives led to dramatic conflict over taxes and spending Checks and Balances: The Rationality Principle at Work Tuesday, February 2, 2016 → The idea behind checks and balances is perhaps the clearest expression of the rationality principle at work → "Ambition must be made to counteract Work Tuesday, February 2, 2016 → The idea behind checks and balances is perhaps the clearest expression of the rationality principle at work → "Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place." - James Madison, Federalist 51 Checks and Balances and the Debt-‐Ceiling Increase Tuesday, February 2, 2016 10:51 AM → Congressional Republicans wanted spending cuts, including cuts to Medicare → President Obama insisted on tax increases on wealthy and defense spending cuts → Checks and balances kept each side from dictating terms to the other Checks and Balances and the Fiscal Cliff Tuesday, February 2, 2016 → At the end of 2012, Congress and the president faced the "fiscal cliff," a combination of spending cuts and significant tax increases set to kick in unless a different agreement could be reached → Eventually, the parties agreed to increase taxes on those earning over $400,000 and set a deadline for the sequester later on increase taxes on those earning over $400,000 and set a deadline for the sequester later on The Role of the Supreme Court has Evolved Over Time Tuesday, February 2, 2016 11:00 AM → Judicial Review: the Court's ability to strike down presidential actions or laws passed by Congress → Used sparingly for most of American history → Used more frequently in recent years Collective Action or Collective -‐Action Problem? Tuesday, February 2, 2016 → Do federalism and the separation of powers facilitate collective action or create new collecti-‐action problems? Both are true: ○ By dispersing power, collective action is made more difficult ○ By giving each branch some influence over the others, these institutions facilitate negotiation, compromise, and moderation
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'