Notes for Chapter 4 Test
Notes for Chapter 4 Test pol101
Popular in American Government
verified elite notetaker
Popular in Political Science
This 13 page Class Notes was uploaded by Belinda Tagoe on Wednesday September 9, 2015. The Class Notes belongs to pol101 at Mercer University taught by Dr. Chris Grant in Summer 2015. Since its upload, it has received 102 views. For similar materials see American Government in Political Science at Mercer University.
Reviews for Notes for Chapter 4 Test
I was sick all last week and these notes were exactly what I needed to get caught up. Cheers!
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 09/09/15
Chapter 4 Politics of the American Founding Key Terms 0 Article I 0 Article 1 Section 8 0 Article 1 Section 9 0 Congress 0 House of Representatives 0 Senate 0 Article II 0 executive 0 Article 11 Sections 1 23 4 0 Electoral College 0 presidential system 0 parliamentary system 0 Article III 0 Supreme Court 0 original jurisdiction 0 appellate jurisdiction 0 Marbury v Madison 0 judicial review 0 legislative supremacy 0 separation of powers 0 checks and balances 0 Republican remedies 0 fusion of powers 0 Enumerated Powers of Congress 0 necessary and proper elastic clause 0 supremacy clause 0 Tenth Amendment 0 dual federalism 0 unitary system 0 confederal system 0 federal system 0 McCulloch v Maryland 1819 0 Gibbons v Odgen 1824 0 Cooley v Board of Wardens 1851 0 Dred Scott v Sanford 1857 0 Civil War 0 Pollock v Farmer39s Loan and Trust Company 1895 0 Hammer v Dagenhart 1918 0 categorical grants 0 block grants unfunded mandate Unfunded Mandate Act of 1995 Coercive Federalism Amendability initiative referendum recall election Article I sets up Congress This is the legislative power The founders spent the most time on this article Congress the legislative branch of the US federal government Congress is bicameral The people elect legislators for two or six years depends on house Both houses have to agree on legislation Article 1 Section 8 outlines Congress39s specific powers Congress can do anything necessary and proper to do its job The Supreme Court has interpreted this clause broadly There aren39t many limits on Congress39s powers It describes the presidential veto executive check on Congress At least 23rds of Congress can override the veto legislative check on president Congress can impeach US officials legislative check on executive and judicial branches Only Congress can officially declare war legislative check on president Congress can amend the Constitution to get around Supreme Court decisions legislative check on judiciary Article 1 Section 9 lists speci c powers not granted to Congress House of Representatives Senate Aimed at the commercial and monied interest Representation is based on population 0 Intended to be the voice of the common man 0 Candidates must be at 30 years or older Candidates must be US citizens for at least 9 years Six year terms Candidates must be 25 years or older 0 Candidates must be US citizens for at least 7 years 0 Two year terms 0 The citizens can39t move remove them easily Elected by state legislatures The citizens can remove them easily Easily accessible and in uenced by public 39 Higher caliber than House of Representatives Re ects changes in public opinion 0 More aristocratic body Article II establishes the presidency 0 This is the executive power Includes presidents prime ministers May have some legislative power Carries out laws The Articles of Confederation didn39t have an executive branch The founders worried about power being concentrated in a few hands The weakness of the Articles showed a need for a stronger national government A stronger national government required an executive branch Debates over number of executives Debates over ability to seek reelection Debates over popular or indirect election Alexander Hamilton supported a strong executive to preserve national stability 0 The executive would be appointed for life 0 Independent of Congress or the entire political process 0 Edmund Randolph supported three executives to represent different regions of the US 0 No lifetime services 0 No interest in popular election of executive 0 The president is one executive 0 He serves an unlimited number of fouryear terms 0 A 1951 amendment limited this to two terms 0 The president can recommend laws 0 The president can appoint judges executive check on judiciary Section 1 details the fouryear term and the Electoral College Section 2 details the executive39s powers Section 3 requires the president to periodically reveal how the US is doing Section 4 says civil officers can face criminal offenses The Electoral College is intermediary body that elects the president Americans vote for a list of electors The electors cast their votes 6 weeks before the general election Well informed delegates would elect the president Natural born US citizen Commander in chief of armed forces and state militia Can grant pardons for national offenses executive check on judiciary Can make treaties requires consent of 23rds of Senate legislative check on president Annual State of the Union address on January President proposes appropriate and necessary measures to members The president can call Congress into session under extreme circumstances The president can adjourn end a congressional meeting if neither chamber can agree on when to end it Impeachment Court trials if convicted of Treason Bribery or other High Crimes and Misdemeanors 35 years or older US resident for 14 years or longer Vice president serves if president is unavailable Congress decides about succession if the vice president is unavailable Can appoint US officials requires consent of Senate majority legislative check on president Ministers consuls Supreme Court justices etc Presidential system An executive president is chosen independently of legislature The president serves a fixed term The term doesn39t depend on Congress39s success or failure The legislature and the president are separate Parliamentary system The executive prime minister is part of the legislature The prime minister is chosen by the legislators The prime minister is accountable to the legislature The legislature and the executive are merged The executive is the chosen leader of the majority party in the legislature The legislature can replace the prime minister without a popular vote No conviction of a criminal offense is required The prime minister can39t check the legislature39s power An independent court may check the legislature39s power e g Germany The prime minster may call parliamentary elections at will every five years e g Britain The prime minister can threaten the jobs of embers of parliament e g Britain There may be a strong president to check the legislature39s power e g France The executive and legislative branches overlap Article III details the federal court system This is the judicial power It can interpret laws It can declare presidential or congressional acts unconstitutional It can indirectly make laws as a result Article III is short and vague The Supreme Court is the highest court It has original jurisdiction only court that can rule in some cases 0 It has appellate jurisdiction appealed up to Supreme Court in others 0 Congress establishes and ordains inferior courts 0 There are jury trials in all criminal cases except impeachment 0 It defines treason and the punishments for it 0 Congress and the courts themselves have defined the courts39 role in government 0 The Founders thought it was the least dangerous branch 0 One of the other branches must act rst 0 It can39t establish its own laws or act on them 0 Justices are appointed for life if they do their jobs 0 Separate from politics the other branches or the public 0 This branch can concentrate only on what is just 0 Marbury v Madison 1803 dispute over presidential appointments 0 Chief Justice John Marshall39s ruling in Marbury v Madison established judicial review 0 Judicial Review The Supreme Court can void unconstitutional actions taken by other government institutions such as 0 The executive branch judicial check on president 0 The legislative branch judicial check on Congress 0 State or local governments 0 The Supreme Court doesn39t examine executive orders or congressional legislation 0 Someone or a group has to challenge the action first 0 It has to be appealed up to the Supreme Court 0 Madison defended judicial review in Federalist No 78 Legislative supremacy legislative acts are the final law of the land 0 Courts can39t review or nullify federal legislation 0 Laws part of government system Separation of Powers Different branches have different government powers 0 Devised by French philosopher Baron de Montesquieu 0 featured in The Spirit of the Laws 0 Each branch has authority over its domain 0 The branches share government powers 0 A single group or individual can39t control the government 0 Lower risk of abuse of power and corruption Checks and balances All the branches exercise control over each other 0 The president can veto a congressional act 0 Congress can override a presidential veto 0 The Supreme Court can void an unconstitutional law from Congress 0 Congress can amend the Constitution with the states39 help 0 No branch can become tyrannical 0 Each branch prevents another from becoming too powerful 0 This limits the risk of abuses of power Republican remedies Ways to prevent corruption and abuse of power in a republic 0 Coined by James Madison He believed humans were imperfect beings 0 Sometimes they were taken over by ambition greed and corruption 0 Republican remedies were meant to control human tendencies in a republic 0 They gave government officials an interest in controlling each others39 behavior 0 This relied on using human aws to limit abuses of power 0 Examples separation of powers checks and balances Fusion of powers Blending of government branches 0 There39s no mechanism to incorporate checks 0 Part of parliamentary system 0 Ballot boxes and public opinion polls may be checks 0 None of these checks exist in an absolute monarchy Enumerated Powers of Congress Congress can create laws that are necessary and proper 0 The necessary and proper clause is also called the elastic clause 0 This is because the Supreme Court has interpreted it very broadly 0 Congress has a lot of powers that aren39t outlined in the Constitution Supremacy clause the Constitution and the laws made under it are the supreme law of the land 0 The supremacy clause is mentioned in Article VI 0 National power is based on the supremacy clause 0 National laws can override state laws 0 The Bill of Rights prevents the federal government from Violating individual rights Tenth Amendment The states have any powers that the national government doesn39t have 0 The elastic clause complicates the list of national government39s powers 0 The states can approve the Constitution and its amendments 0 The Constitution limits state powers 0 Article 1 Section 10 denies certain powers to the states 0 These are mainly the powers they had under the Articles 0 Example printing their own currency Fourteenth Amendment prevents state governments from violating individual rights It was passed after the Civil War This is basically the Bill of Rights at the state level Concurrent Powers Powers of the state and national governments There isn39t a clear distinction between both levels of government Supreme Court rulings have been establishing the limits on concurrent powers The Court39s interpretation has changed significantly over time This is partly because Supreme Court rulings re ect the social context under which they developed Dual federalism The national and state governments are two separate layers Layer cake metaphor Re ected the distribution of powers in the Constitution Each level carried out its duties independently of the other They dealt with different policy areas The federal government generally left domestic policy to the states Each level was supreme in its domain State governments were supreme in policy areas without national government in uence The balance of national and state powers has shifted over time Failed to describe the federal relationship in the 20th century Ignored the changes created by the New Deal Considered outdated Cooperative federalism The national and state governments cooperate with each other Marble cake metaphor Both levels are interdependent Both levels rely on each other to achieve goals The national government is the dominant partner The US has risen through the ranks to become a world superpower Americans have higher expectations of the govemments39 abilities Protection from unsafe food unethical business practices natural disasters etc All levels of government especially at the national level have been expanding as a result National government has expanded at the states39 expense It39s easier to solve socioeconomic problems at the national level Congress members benefit when they pass legislation that brings resources to their states Congress members pass federal laws to override the states39 plans Federal of cials still need the states39 cooperation Some policies drinking age education etc are under state authority Unitary system The central government is the most powerful 0 The local state or county governments depend on it 0 The central government can change or remove them 0 The central government makes the most important decisions local taxes curriculum etc 0 Japan Britain France the Philippines etc Confederal system The local governments are the most powerful 0 The central government depends on them 0 The local units are sovereign territories 0 The local units give whatever powers they want to the central government 0 US under the Articles the UN the EU etc Federal system The central and local governments share power 0 Both levels hold some powers regardless of the other 0 Germany the US Mexico Australia etc 0 It places the states in direct competition with each other 0 They may compete for industry smokestack chasing tourists etc 0 It makes the citizens including interest groups more relevant to government affairs 0 Interest groups that don39t in uence one government level may be more successful with another 0 They may be more in uential in different regions of the US 0 It allows local governments to experiment with public policy Different states can try different laws to solve common problems car accidents etc This can help when Congress can39t or won39t act Different states may have different penalties for the same crime Actions that are legal in one state may be illegal in another It encourages certain prejudices homophobia etc to in uence government policy McCulloch v Maryland 1819 Congress can charter a national bank 0 This was a dispute over whether Congress could charter a national bank and MD could tax it 0 Marshall used the necessary and proper clause 0 Congress had the power to charter a national bank 0 If MD could tax a federal bank then it39d have the power to destroy it 0 That would make a state stronger than the national government unconstitutional 0 He extended the necessary and proper clause to include a national bank Gibbons v Odgen 1824 The national government controls interstate business Marshall said NY couldn39t create a steamboat monopoly He cited Article 1 Section 8 includes Congress39s regulation of commerce He extended commerce to almost every type of business The national government could regulate business The national government reigns over the states in interstate commerce Marshall39s rulings helped expand the national government39s power Cooley v Board of Wardens 1851 States have more power to regulate commerce 0 This applied if local interests outweighs national interests 0 This ruling ceded to stalwart business interests 0 This ruling ceded to the public demand for laissezfaire economic policy Dred Scott v Sanford 1857 Congress couldn39t ban slavery in the territories Civil War A con ict between the North and South The North and South con icted on the practice of slavery The North and South had opposing economic and cultural interests The war was fought to determine national vs state supremacy The North controlled the national government Federal legislation favored the North Southern states tried using nullification voiding federal law within state borders The national government ignored this idea 0 The southern states seceded from the Union 0 The Union39s victory showed that the states were bound to the Constitution 0 The Civil War helped expand the national government39s power Pollock v F armer39s Loan and Trust Company 1895 The federal income tax was unconstitutional 0 The Sixteenth Amendment legalized it in 1913 Lochner v New York 1905 States couldn39t set bakers39 working hours 0 This ruling was used to void state and national regulation of businesses 0 This no longer applied during the New Deal in the 1930s Hammer v Dagenhart 1918 National laws banning child labor were unconstitutional 0 They were outside Congress39s power to regulate commerce New Deal Franklin Roosevelt39s program to alleviate unemployment during the Great Depression 0 It was designed to retain economic stability It applied economic regulations The Supreme Court kept striking down his programs Roosevelt criticized the Court for its antiregulation stance The public supported the New Deal The Supreme Court decided the New Deal was constitutional The government employed workers and provided insurance to Americans The New established various programs such as Social Security This was the opposite of the laissezfaire economic policy at the dawn of the century The New Deal made the national and state governments more interdependent The New Deal helped expand the national government39s power Civil Rights A national movement to earn Constitutional rights for African Americans The Fourteenth Amendment required southern states to guarantee all protections to freedmen It was used to ban segregated facilities in the 3950s and 3960s It was to strike down laws that deprived Americans of their Constitutional rights in the 3970s The Bill of Rights protected those accused of state crimes and those accused of federal crimes The Fourteenth Amendment has limited the states39 control over their residents Civil rights and the Fourteenth Amendment helped expand the national government39s power Devolution Transfer of federal powers and responsibilities to the states Chief Justice William Rehnquist39s rulings are one example This abruptly ended after 911 Recent Court rulings have favored business over federalism Categorical grants federal funds for specific purposes These provide instructions regulations and compliance requirements for states States that comply earn federal funding States that don39t comply don39t earn federal funding This is the predominant type of federal subsidy 80 of all aid to state and local governments State and local governments depend on federal grants These subsidies make up 27 of state and local expenses Congress members take credit for sponsoring certain grant programs They ensure uniform policy from state to state The national policy may not work locally State and local governments have little exibility Examples include the Aid to Families with Dependent Children AFDC program Block grant federal funds for broad purposes These provide broad requirements and regulations for states The states have much more freedom in broad policy areas State governments prefer block grants They undermine Congressional credit taking Congress resists block grants to avoid giving states too much leeway They39re vulnerable to federal budget cuts They meet state rather than national goals Bill Clinton passed the largest and most significant block grant welfare reform act in 3996 0 This changed the AFDC to the Temporary Assistance to Needy Families TANF 0 TANF is a block grant 0 TANF gave states more freedom to define their welfare programs rules 0 Guaranteed welfare benefits are no longer required Unfunded mandate federal order requiring states to fund and run national programs 0 Congress places certain policy requirements on the states 0 It doesn39t provide funding 0 States that don39t comply face criminal or civil penalties 0 States that don39t comply may lose federal funds in other areas 0 Unfunded mandates are Congress39s response to high national deficits 0 States complain about the costs of these programs 0 Congress passed more of them over time 0 Examples include the REAL ID and the No Child Left Behind Acts 0 This regulated state driver39s license 0 This required verification of the applicant39s ID 0 This required standardization of watermarks 0 This required holograms 0 This required machinereadable code 0 The states would pay most of the 11 billion for the program 0 The implementation of REAL ID was delayed many times Unfunded Mandate Act of 1995 Congress will pay back states for unfunded mandates 0 It can also pass a law that acknowledges the costs of unfunded mandates Coercive federalism Criticism of the federal government39s growing power 0 Critics argue the states are pressured to adopt national initiatives to local problems 0 They also argue the states don39t have much say 0 This is related to the ongoing con ict between the national and state governments Amendability The Founders39 provision for the Constitution to be amended changed OOOOOOOOOPi KOO This enables the Constitution to evolve with American society The Founders provided two methods Formal amendment process detailed in the Constitution Informal process resulting from its vagueness and the courts39 evolution gt10000 amendments have been passed It has been formally amended 27 times New amendments have expanded the protections of civil liberties They39ve guaranteed citizenship rights suffrage etc to disadvantaged groups Blacks women 18yearolds etc New amendments have changed how government branches work Direct election of senators limit of 2 presidential terms etc Some amendments have been removed Eighteenth Amendment banned sale and manufacture of alcoholic beverages It was removed in 1933 in response to changing views on temperance Supreme Court rulings have also changed the Constitution Some prefer a literal interpretation of the Constitution They prefer the use of amendments to change it Republicans conservatives etc Others prefer a more uid interpretation of it They see it as a exible document that can be altered Democrats liberals etc Initiative Citizen petitions to put a proposal or constitutional amendment on the ballot box This is passed via a majority vote This bypasses state legislature They require enough signatures to get passed It39s the predominant way to change CA legislature Proposition 8 is one example This rejected the CA supreme court39s ruling that permitted gay marriage A federal court later overturned it Referendum Bills passed by state legislatures are submitted to voters for their approval Constitutional amendments are submitted for a referendum vote These submissions include questions of taxation in some states Some states allow citizens to call for referendums on controversial state laws Some states request a referendum on certain matters These are usually complicated and hard to understand They39re consequential to voters Recall elections Votes to remove officials before their terms end 0 These require petitions 0 These often need more signatures than an initiative 0 Statewide recalls are rare 0 These sometimes succeed CA Governor Gray Davis 0 These sometimes fail WI Governor Scott Walker