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POL SCI 101 Notes, Week 2

by: Mary Van Wyk

POL SCI 101 Notes, Week 2 Pol Sci 201

Mary Van Wyk
GPA 3.5

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About this Document

These notes cover Federalism.
American Government and Politics
Kristine K Coulter
Class Notes
political science, Government, federalism
25 ?




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This 5 page Class Notes was uploaded by Mary Van Wyk on Monday February 15, 2016. The Class Notes belongs to Pol Sci 201 at University of Wisconsin Green Bay taught by Kristine K Coulter in Fall 2016. Since its upload, it has received 23 views. For similar materials see American Government and Politics in Political Science at University of Wisconsin Green Bay.

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Date Created: 02/15/16
POL SCI 101 2/1, 2/3 2/1 Constitutional Convention (1787) Problem: Solution: Equality Leave so others can figure out Representation of the States Connecticut Compromise -NJ Plan- Keep equal rep -Virginia Plan- Proportional Eventually melded the two to become the House of R and the Senate Slavery 3/5 compromise -Each slave would count as 3/5 of a person. Voting States Decide Individual Rights Scattered protections before amendments. Limits on the Federal Government  Separation of Powers o 3 Branches  Legislative- Congress, Senate, House  Executive- President  Judicial- Lower Courts  Congress o Taxes, regulate commerce, declare war o Bicameralism- 2 Chambers  Senate, House  Executive o Didn’t want the president to be involved with congress o Enforces laws, commander in Chief  Judicial o Focus’s on if the laws being passed are constitutional  Checks and Balances o Check one another and balance one another o Make sure power isn’t unbalanced o Look @ Chart in book o Can file a lawsuit if you believe an issue is unconstitutional o Congress can override a veto w/ 2/3 of a vote o There is always a way to override each branch.  Divided Constituencies o Held accountable, elected/reelected o Constituencies- geographical area of which people lived and voted o Federal judges are appointed by the president, not consituncies o Senate now has constituencies, but didn’t back then. They were elected by the legislature  Federalism o Divides power between federal and state gov. o 10 Amendment  Supremacy clause  whenever the feds get in the way of local, the feds win. Anti Federalists: Federalists: Didn’t want to ratify the Wanted states to ratify the Constitution constitution as is Background Background  small farmers, shoe keepers,  land owners, wealthy, pros laborers Government Preferred: Government Preferred:  Strong State Government  Weaker State  Weak National Government  Stronger National  Direct Election Government  Short term  Indirect Election  Ruled by common man  Governed by Elite  Strengthened by individual  Expected few violations of individual liberties liberties  Representation o Anti Federalists: Feared Government by the Elite  State and Local Gov > Federal Gov o Federalists: Feared Government by Masses o Solution:  Federalism  Nature of Federal Government  Tyranny o Anti Federalists: Tyranny comes from government  Feared tyranny of the wealthy majority o Federalists: Tyranny comes from unsophisticated majority o Solution:  Size and majority  Bicameralism  It was the way to prevent abuse of power  Governmental Power o Anti Federalists: Wanted limited government  Specified and limited powers  Disliked supremacy clause  Strong State Government  Bill of Rights o Federalists: Wanted Limited Government  Strong, but limited federal Government  Checks and Balances  Separation of Powers  Winner: Federalists o Ratification  9/13 states had to in order for it to go into effect  Happened with Voting 2/3 Federalism Unitary Confederate Federalism Central Gov.  Primary  Limited  Shares Authority Powers powers  Makes with Decisions States  Regulates Activities of States State  Few or no  Sovereign  Shares Government powers Allocates powers  Duties some with regulated duties to Central central Governm by state governme governmen ent nt t Citizens Vote  Central  State  State and For: Governme Governme Central nt Officials nt Officials Governm ent Officials Powers Powers of Federal Government  Expressed Powers o Ex. Declare war  Implied Powers o Necessary and Improper Clause  Gives the Government power to express their expressed powers  Only applies to expressed powers Powers of State Governments: Constitutional Powers  Regulate Elections  Ratify Constitutional Amendments  Equal Representation in the Senate o Can’t be altered. 2 Representatives from each state no matter what size.  Continuation of States  Protected from violence/intrusion th  Reserved powers: 10 Amendment o All powers that are not given to the federal government are reserved for the state government. Power of Coercion  Criminal Codes  Health and Safety Rules o Immunization, alcohol sales, etc.  Marriage and Divorce Police Powers  Health, Safety, Morals of Citizens  General welfare  Regulate public intoxication and noise control Concurrent Powers  State and Federal Governments share powers  Always Remember the Supremacy Clause Obligations States’ Obligations to One Another  Full Faith and Credit Clause o States have to honor a contract that was made in another state.  Extradition o Commit a crime in a different state? Must go to own state to be tried.  Comity Clause o States can’t discriminate someone that moves from a different state. Supremacy Clause Road to National Supremacy  Supremacy Clause o The US Constitution is supreme to any state constitution  Supremacy of the Federal Government o McCulloon v. Maryland (1819)  States can’t tax Federal Government o Civil War  Federal power v. State power


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