September 19 Class Notes
September 19 Class Notes 206
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This 4 page Class Notes was uploaded by Kendall Notetaker on Monday September 19, 2016. The Class Notes belongs to 206 at Texas A&M University taught by John Bond in Fall 2016. Since its upload, it has received 44 views. For similar materials see American National Government in Political Science at Texas A&M University.
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Date Created: 09/19/16
Class Notes: September 19, 2016 1. Different Ways to Divide Governmental Power A. Confederation i. Voluntary association of sovereign member states Sovereign states enter into a contract (constitution) Delegate certain powers to central govt. to deal with common problems Central govt. subordinate to regional govt. 1. Can exercise only powers delegated by unanimous consent of the regional govts. B. Unitary Government i. Power concentrated in a single central govt. Central govt. may create subdivisions (delegate’s powers down to local govts.) Local govt. subordinate to central govt. Most common form of govt. ii. Examples: Great Britain Relationship between U.S. states & cities/counties C. Federation i. Constitutional division of power between central govt. and its component parts (states, provinces) Each level has power independent of the other Each level of participates in amending the constitution No right to withdraw ii. Examples: U.S. Canada, Mexico European Union? (quasi-federation) Great Britain? D. Differences Based on Legal Allocation of Power i. All 3 involve a division of power ii. Difference in how that power is divided II. Legal Division of Powers in American Federal System A. National Govt. Power i. Enumerated powers Levy & collect taxes Borrow & coin money Regulate interstate commerce National security: raise army/navy; declare war ii. Implied powers “necessary and proper” clause Tax & spend for “General welfare” B. Concurrent Powers i. Overlap powers of national gov.t and state govt. Class Notes: September 19, 2016 ii. Both can tax and borrow money iii. Tension between state and national govt. C. State Powers i. 10 amendment: “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.” States get the leftover powers ii. Police Power: power of states to pass laws for the health, safety, & morals of its citizens Traffic laws Most significant/expensive: public education, next would be roads, healthcare, recreation, hospitals, fire protection Powers that affect us most in our everyday life D. Admission of New states i. Typical procedure: Congress forms an incorporated territory Residents petition congress for admission Enabling Act passed by congress & signed by President i. Authorizes territory to draft a state constitution ii. Must be approved by the residents in a referendum Becomes a state when state constitution is approved by congress and signed by president Immediately on equal footing with other states ii. Texas is a special case Was an independent nation Passed a resolution to annex Texas iii. Recent discussion Puerto Rico (they are American citizens but they do not have full political rights) They have 1 non-voting delegate in the House 2/3 referendum held and were inconclusive They are not a territory but a common wealth Entitled to military protection, disaster relief, and they don’t pay any federal income tax Allowed to nominate presidential candidates for Republican/Democrat Conventions Party politics will come into play if Puerto Rico became a state (Latino Democrats) o Washington D.C. (not a state, 10x10) o 8-900 thousand citizens o Congress proposed amendment in 1980s that would treat Washington D.C. as a state, very few states ratified it o They do have 3 electoral votes iv. The states make this a federal system Class Notes: September 19, 2016 v. States have special status that territories do not have vi. Political conflicts Utah i. Multiple attempts 1849-1896 ii. Plural marriage/party politics Alaska and Hawaii i. 1959 ii. Civil rights iii. Party politics E. States’ Rights (order from least-most impt) i. Protection against invasion and insurrection Attack on any state= attack on United States ii. Republican form of government States can have whatever constitution they want it just has to be representative All state govts. parallel the federal Nebraska has unicameral legislature iii. Equal representation in the senate iv. Equality of states after admission No seniority: all states have the same degree of sovereignty with the same rights/powers Boundaries cannot be hanged without permission of state and congress States have control over their internal affairs (placement of state capital) v. States must agree to constitutional amendments (38 states) F. Obligations of States i. Recognize supremacy of US constitution & Laws Artic IV Creates hierarchy of law 1. US Constitution 2. Federal laws and treaties 3. State Constitution 4. State Laws ii. “Full Faith and Credit” Article IV These are not criminal laws This is talking about civil judgements, birth certificates, etc. Marriage use to be included (same sex marriage) iii. Interstate rendition: extradition of criminals States cannot enforce criminal laws of other states If someone commits a crime in one state and runs off to another, that state cannot press charges and has to give the Class Notes: September 19, 2016 criminal back to the state where the original crime took place in order for them to prosecute III. Evolution of American Federalism A. Federalism in Theory: Dual Federalism Clear lines between state and national powers Federal and state government are sovereign with separate and distinct responsibilities B. Federalism in practice: Cooperative Federalism Line between national and state responsibility is blurry Shared responsibilities requires cooperation