POLS 1101 Chapter 3 Reading Summary
POLS 1101 Chapter 3 Reading Summary POLS 1101 08
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This 4 page Class Notes was uploaded by nako.nako.nako on Sunday September 4, 2016. The Class Notes belongs to POLS 1101 08 at Kennesaw State University taught by April A Johnson in Fall 2016. Since its upload, it has received 8 views. For similar materials see American Government in Political Science & Int'l Aff. Department at Kennesaw State University.
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Date Created: 09/04/16
Why Unify?: The primary answer to the unification question is that some form of union allows smaller political entities to pool their resources to fight a common enemy. “Join or Die”: Benjamin Franklin. Fight together in military battles in the French and Indian War (1754–63), and need for united action against British rule. Confederal system System of government in which ultimate authority rests with the regional (e.g state) governments. hardly any power to the national government The independent states that make up the confederation usually have an equal vote, and the confederation might require unanimous consent or other supermajorities Unitary system: System of government in which ultimate authority rests with the national government. Virtually every power to the national government Similar to current state gov and cities/counties Federalism System of government in which sovereignty is constitutionally divided between national and state governments. Selfgovernment Rule by the people Enumerated powers Powers expressly granted to Congress by the Constitution. “necessary and proper” raising armies, declaring war, and establishing rules for citizenship, power to tax to provide for the general welfare, to borrow money, and to regulate interstate and foreign commerce. Necessary and proper clause Gives Congress the power to pass all laws necessary and proper to the powers enumerated in Article I, Section 8. Reserve powers (aka police powers) Powers retained by the states under the Constitution. Concurrent powers Powers held by both the national and state governments in a federal system. e.g. taxing, borrowing/spending money, making/enforcing laws, establishing court systems, and regulating elections, health care, education, occupational licensing writ of habeas corpus, the right of individuals who have been arrested and jailed to go before a judge who determines whether their imprisonment is legal. a bill of attainder any law that declares an individual guilty of a crime ex post facto any law that makes an act illegal after the fact Direct Democracy Form of democracy in which political power is exercised directly by citizens. Regulating relationship between the national gov and states 1. Supremacy Clause Makes federal law supreme over state laws requires states to meet national standards if national standards are higher than state standards exceptions 1. Congress can declare that it has preempted 선선 state legislation in that area, meaning only Congress can legislate on the topic 2. Supreme Court can rule that Congress’s regulation is so thorough that Congress must have intended to “occupy the field,” thus disallowing state regulations. 2. 10 amendment: all powers not “delegated” to the national government under the Constitution are reserved to the states or to the people the Tenth Amendment omits the word expressly, the implication is that the national government retains the sort of implied power granted by the necessary and proper clause. implied power Powers not expressly granted to Congress but added through the necessary and proper clause. th 3. 11 amendment prohibits federal courts from hearing suits against a state by citizens of another state Congress can allow suits based on provisions in constitutional amendments passed after the Eleventh, such as the due process and equal protection clauses of the Fourteenth Amendment. in 1793, the Supreme Court allowed the lawsuit of a South Carolina man against the state of Georgia Relationship among the States Commerce Clause Gives Congress the power to regulate commerce with foreign nations, with Indian tribes, and among the various states Federalist party Alexander Hamilton (Secretary of the Treasury) proposed that Congress establish the National Bank with 20 years charter John Adams (Federalist admin) passed the Sedition Act: making criticism of the gov illegal Democratic Republicans Thomas Jefferson (Secretary of State) State’s rights View that states have strong independent authority to resist federal rules under the Constitution. James Madison Virginia and Kentucky Resolutions: nullification Right of states to invalidate acts of Congress they believe to be illegal. McCulloch v Maryland: 1819 Supreme Court decision upholding the right of Congress to create a bank. after the first National Bank charter expired, and Congress chartered a Second National Bank John Marshall (Chief Justice) Federal creating a bank was an implied power that fell within the scope of authority granted by the necessary and proper clause “necessary and proper” does not mean “absolutely necessary,” Marshall read the necessary and proper clause to mean “ordinary and appropriate.” Gibbons v. Ogden Marshall established an interpretation of Congress’s enumerated power to regulate interstate commerce Congress’s authority to regulate commerce, so Congress has authority to manage the licensing of steamboats traveling between New York and New Jersey The Revolt against National Authority Embargo Act Calhoun(VP) insisted on South Carolina’s right to nullify a federal tariff 선선선 dissenting states even had the right to secede To formally withdraw from a nationstate. Daniel Webster(seneter) the union was not a compact of states, but a compact among the people of the United States Fugitive Slave Clause Required states to return runaway slaves; negated by the Thirteenth Amendment Dred Scott v. Sandford that Congress had no authority to regulate slavery in the territories Fourteenth Amendment requires states to provide each person due process of law and the equal protection of the laws Fifteenth Amendment prevents states from abridging the right to vote on account of race. Dual Federalism “layercake”Doctrine holding that state governments and the federal government have almost completely separate functions. Interstate Commerce Act of 1887 established the first federal regulatory agency, the Interstate Commerce Commission. The act charged the commission with making sure that railroads charged fair rates to farmers and other shippers. Sherman Antitrust Act of 1890. an antimonopoly law that prohibits all contracts and combinations in restraint of trade Cooperative Federalism “New Deal” Roosevelt had promised a “New Deal” to Americans who had lost their jobs, their homes, and their savings Court packing plan President Franklin Roosevelt’s proposal to add new justices to the Supreme Court so that the Court would uphold his policies. “marble cake” Congress could also use the commerce clause to regulate employment conditions, said the Court, rejecting the Tenth Amendment as a limit on federal power. Great Society program Lyndon Baines Johnson. expanded national authority even further, with federal aid to public schools health care Medicare(elderly) & Medicaid(poor) Brown v. Board of Education, the Supreme Court struck down school segregation, Harry S. Truman’s (1945–53) expressed support for national protections of civil rights, southern segregationists formed the States’ Rights Democratic Party and ran South Carolina Governor Strom Thurmond for president in 1948 New Federalism, of shifting powers back to the states . Governor George Wallace. American Independent Party, condemned what it considered to be the unconstitutional use of federal power to desegregate schools and enforce voting rights Richard Nixon: states could more efficiently spend governmental resources than the enormous federal bureaucracy could. Ronald Reagan: sought to reduce the power of government in general and, as an avid supporter of the New Federalism National Minimum Drinking Age Act, which withheld a percentage of federal highway funds from states that did not increase their drinking age to 21. The Modern Era (1993present) Bill Clinton: did not have strong views on federalism. Voters that year chose Republican majorities Contract with America, which included limits on the powers of the federal government First, it limited unfunded mandates—legal requirements Congress imposes on the states (for example, to provide clean air, disability access, or health benefits to poor people under Medicaid) without supplying the resources to accomplish those activities. Clinton and Congress overhauled the federal welfare system, ending the federal guarantee of welfare to poor families with children, leaving final say on welfare spending with the states. Third, Congress abandoned national speed limits that had been established at the time of the 1973 Arab oil embargo and allowed states to set whatever speed limits they desired. Obama statecentered federalism support Democratic Party positions: support for permitting states to set higher standards than the federal government on fuel economy and tailpipe emissions and a reversal of the Bush administration’s crackdown on state medical marijuana programs. The Supreme Court and the New Federalism William Rehnquist chief justice in 1986 Reagan hoped to move the Court toward statecentered federalism State Executive Branches All fifty states choose the head of the executive branch by direct election. 4 year gubernatorial terms, up to 2 consecutive terms, provide for succession by the lieutenant governor authority to veto laws subject to override by the state legislatures. lineitem veto. the ability to veto certain parts of a spending bill without vetoing the entire bill. 26 states allowed to veto language in appropriations bills. Every state except Vermont requires a balanced budget. State Legislative Branches Bicameral (except Nebraskaunicameral) Senate (4 years terms), House of Rep(2 year terms ) State Judicial Branches The greatest difference b/t the national and the states Federal judges are nominated by the president and confirmed by the Senate. State judges are chosen half an appointment process for judges on their highest court/ elections Missouri Plan (merit plan) Process for selecting state judges whereby the original nomination is by appointment, and subsequent retention is by a retention election. Local Gov First, there can be several different layers of local governments, with residents regulated by villages, cities, and towns or townships at the most local level and by counties above that. Second, local governments, unlike state governments, do not necessarily consist of three separate branches. New England town meeting, in which the adult population of the town meets at least once a year to adopt the budget and vote on any legislation being considered. Direct Democracy Recall allows citizens who gather enough petition signatures to force a special vote to remove state or local elected officials before their terms expire. Initiative is a process that allows citizens who collect the required number of petition signatures to place proposed laws directly on the ballot for the state’s citizens to vote on. Referendum allows legislatures to put certain issues on the ballot for citizen approval and requires legislatures to seek citizen approval for certain actions.
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