American National Government Notes Week 3
American National Government Notes Week 3 PS 110
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This 3 page Class Notes was uploaded by Savannah Notetaker on Thursday September 8, 2016. The Class Notes belongs to PS 110 at Western Kentucky University taught by Scott Lasley in Fall 2016. Since its upload, it has received 4 views. For similar materials see American National Government in History at Western Kentucky University.
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Date Created: 09/08/16
Week 3 Day #5 American National Government 9/6/16 Chapter 3: Federalism Class Notes TQ: What is the relationship between the states and the federal government? TA: Federalism- 2 tiered form of government where both levels are sovereign and both share authority over the same geographic area. National Supremacy: Article VI supreme law of the land. national government’s law should take precedent over state laws. The 1st case to solidify national supremacy McCulloch v. Maryland: Maryland wants to limit the bank’s inﬂuence by taxing every transaction 1. Can congress establish a national bank? (article 1, Section 8) yes 2. Does Maryland have the right to tax that bank? No, national supremacy States can tax, states have the right to reject federal law? Not always TA: What are the consequences and characteristics of the constitution? TQ: Bias towards the status quo, easier to keep things the same, rules matter Protection of individual laws, political ﬂexibility • ability to amend • interstate commerce, elastic, vague, ambiguous, 16 over 229 years > difﬁcult to pass Why federalism? Unitary System: power is concentrated in a central government Confederal System: power is concentrated in regional government Federal System: power is divided between a central government and states Main Reasons for Federalism: • British Tyranny • Articles of Confederation • Shay’s Rebellion National Powers taken from: • enumerated powers • implied powers commerce clause • State Powers taken from: • 10th amendment (powers reserved for states) • articles one (manage elections) and two (appoint Presidential electors) also give states power Concurrent Powers: Can be exercised at the same time as long as states do not violate national law. denied powers: speciﬁcally denied powers by national government. Expansion of National Power: Marshall court initially expanded national power • McCulloch vs. Maryland • Gibbons vs. Ogden Compact Theory • idea that the state agree to form a common govt. Nulliﬁcation process of a government withdrawing from a political system • Civil War: Put to rest any doubt as to whether the U.S. was a nation or confederation • answered questions about succession and nulliﬁcation • national government grew in size and power • did not end the discussion around division of powers 9/8/16 Day #6 Federalism Lecture Cont. Types of Federalism Dual Federalism (Layer Cake) > Enhanced political and social inequalities> Experimentation on efﬁciency within states Cooperative Federalism (Marble Cake) > Nation more responsive to inequalities > National government too removed, out of touch Federal Funding: Funding: Block and Categorical, Unfunded mandates Parental Example: Block: given money for school clothes, open to interpretation Categorical: you must buy a shirt and a pair of pants unfunded mandate: Go buy new pants with your own money. Revenue Sharing: Money given for free spending -New Federalism- return of power to the states under Reagan and Bush Admins. 1980-2001 when 9/11 caused a reversal How? Consolidation programs under block grants Clinton/Republicans: Mandate/Welfare Reforms Courts complied for the most part and facilitated this change. -Issues- Federal government forces states to renegotiate relationships with the federal government and with each other Interstate competition was encouraged by federalism Arbitrary geo-political units were created, close geographical regions can have different rules. Chapter 4 Lecture Begins Civil Liberties: From the Bill of Rights, places limits on the government Civil Rights: Equality of rights, often requires government involvement Don’t always go hand in hand, often work against each other. TQ: What is the deﬁnition of Civil Liberties? TA: Constitution has rules that guide the American Government, open to interpretation Judiciary plays central role in deﬁning civil liberties. Over the past 100 years many of the Bill of Rights have been ratiﬁed and deﬁned. Freedoms are not absolute/debate generally over how many limits can be imposed. Incorporation: Process of applying the Bill of Rights to states (14th amendment)
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