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Introduction to American Politics

by: Mrs. Halle Barrows

Introduction to American Politics POLS 1602

Marketplace > University of Connecticut > Political Science > POLS 1602 > Introduction to American Politics
Mrs. Halle Barrows
GPA 3.96

Vincent Moscardelli

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Vincent Moscardelli
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This 27 page Class Notes was uploaded by Mrs. Halle Barrows on Thursday September 17, 2015. The Class Notes belongs to POLS 1602 at University of Connecticut taught by Vincent Moscardelli in Fall. Since its upload, it has received 21 views. For similar materials see /class/205852/pols-1602-university-of-connecticut in Political Science at University of Connecticut.

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Date Created: 09/17/15
American Politics 99 9142009 90500 PM The Founding of the Constitution o Independence July 4 1776 o The Constitution did not take effect until 1789 o What happened between 1776 and 1789 0 Answer The Articles of Confederation our first constitution The Articles of Confederation o Ratified in 1781 though most states ratify by 1777 o Problems begin to emerge almost immediately o Main Characteristics weak and rigid 0 States Remained Sovereign No Separation of Powers Limited Powers of National Government No relationship between national government and citizens Could not regulate commerce among states Could not compel states to pay taxes Difficult to Amend required unanimity o Fundamental problem Designed to achieve conflicting objectives protect state sovereignty and regulatefoster economic growth of the fledgling nation 0 O O O O O Constitutional Convention Background o Delegates authorized to suggest amendments to Articles not to replace them o Despite all the talk of disagreement and conflict at the Convention there was much agreement as well o At least four 4 characteristics of the new government were non negotiable o 1 Must be democratic specifically a republic o 2 Must be constitutional Constitution as conceived by framers a written document that specified the nature and powers of the government written and adopted at a specific moment in time o 3 Must have separation of powers 0 4 Must be federal But disagreement did exist at convention and within society over the type of republic best suited for protecting the rights and liberties of individual citizens Disagreement captured in two competing democratic ideas 0 Small Republic Ideal democratic republics best protect individual liberties of citizens and are thus least dangerous to the rights and liberties of citizens In small communities In homogeneous communities When government is geographically proximate This view was held by the majority of citizens though probably underrepresented among the 55 delegates at the convention Eventually coalesced into the antifederalist opposition to the Constitution at the convention and during ratification debates Logic of the small republic ideal 3 parts a Democracy is premised on voluntary compliance with the laws a They believed representation could only occur on a small scale a They believed civic virtue among citizens was necessary for representative governments to survive o NationalistLarge Republic Ideal Democratic republics best protect individual liberty of citizens and are thus least dangerous in a Large Communities a Diverse Communities n Areas where competing interests exist Note that the logic underlying the nationalist view does not require civic virtue on the part of citizens or a government that is geographically proximate Madison articulates this logic in Federalist10 in which he defends the proposed Constitution against charges that it will infringe on the rights and liberties of American citizens American Politics 914 9142009 90500 PM The Constitutional Convention MaySeptember 1787 The Constitutional Convention MaySeptember 1787 Philadelphia Who were the 55 delegates 0 Average age is 40 Madison is 36 Hamilton is 32 Franklin is 81 15 were slaveholders 14 were land speculators most were creditors Deliberations not open to public In fact the commitment to secrecy was so great that Madison only released his notes on the debates after all of the other participants had died around 1840 Political Battles at the convention a clear division between large states and small states emerges almost immediately 0 Virginia Plan preferred by the large states Madison proposes a bicameral legislature with states represented according to population 0 New Jersey Plan preferred by small states William Paterson proposes a unicameral legislature in which states remain represented equally Note these two things a The slave vs free state conflict is distinct from the small state vs large state conflict eg Virginia was large and slave Do not confuse the differences between those subscribing to the large republic and small republic ideals with the large state vs small state conflict Remember among most delegates the large republic or nationalist view held sway Solution is the Connecticut or Grand Compromise Protects both large and small states by creating two chambers of the legislature a bicameral body each serving a different purpose i House and Senate are reflected in their different methods of selection 0 House reflects the quotpassions of the people Elected more often directly elected apportioned by population 0 Senate serves as the cool and deliberate sense of the community Elected less often indirectly elected until 1913 apportioned by state Requirements for Ratification Articles of Confederation required unanimous approval of all 13 state legislatures This will not happen So delegates devise an alternative States will hold ratifying conventions also part of the original Virginia Plan Delegates to these ratifying conventions will be chosen by the people Unanimity will NOT be required 9 of 13 states must approve for Constitution to be ratified New York Virginia and Massachusetts are most important The Battle in New York Hamilton sends word to James Madison and John Jay that things are not going well during the New York ratifying convention Ratification looks unlikely because the public holds such strong anti Federalist small republic ideal views The Federalist Papers 85 of them 0 Same as quotOpEdquot pieces in today39s newspapers Written to encourage ratification AntiFederalists were also doing this Federalist Papers present a justificationdefense of new constitution Authors wrote under the pseudonym Publius 0 Alexander Hamilton probably wrote 51 of them 0 James Madison probably wrote 26 of them 0 John Jay probably wrote 5 of them 0 Madison and Hamilton probably coauthored 3 of them Opponents are concerned that a strong national government as proposed in the new Constitution will be a threat to individual liberty O O O o Publius must show them why this is not the case if the Constitution is to have a chance of being ratified o Federalists 0 John Jay Alexander Hamilton James Madison o AntiFederalists 0 Patrick Henry Samuel Adams George Clinton Federalist10 know for exam alonq w Fed 51 o Deals with type of government Le a republic not a democracy 0 Problem with republican forms of government ie in what ways do they pose threats to individual liberty o Potentially suffer from tyranny of the majority in which rights of individuals may be ignored if they are within the minority Articles were good at ending tyranny of the executive like the King but factions were a problem 0 Faction A number of citizens whether amounting to a majority or minority of the whole who are actuated by some common impulse of passion or of interest adverse to the rights of other citizens or to the permanent and aggregate interests of the community How do we solve this problem of factions o Rely on citizens and leaders to quotdo the right thingquot and always act in the interest of the common good No Why This relies on an overly optimistic view of human nature quotEnlightened statesmen will not always be at the helm o Solve the problem by structuring your government so that individual liberties are protected from the mischief of factions o What form of government is best suited for this 0 A republic not a democracy 0 Republican form of government serves to refine and enlarge the public views by passing hem through the medium of a chosen body of citizens whose wisdom may best discern the true interest of their country c A large extended republic not a small republic o Impossible for a single faction to encompass the entire extended republic especially one with multiple levels of government federalism Federalist51 know for exam Madison has shown how an extended commercial republic with multiple levels of government federalism helps protect individual liberty in Federalist 10 Now he turns to the structure of government specifically the separation of powers system The new Constitution will better protect individual liberty than the existing system the Articles of Confederation Each branch must have the means of keeping the others in their proper places 0 Separation of powers 0 But not pure separation Separated institutions sharing powers 0 System can be structured to protect individual liberty but only if we make the correct assumptions about what drives human nature Human nature may not be fundamentally good System should work even when individuals act selfishly and self interestedly o quotIf men were angels no government would be necessary If angels were to govern men neither external nor internal controls on government would be necessaryquot American Politics 916 9142009 90500 PM Federalist 51 cont o The United States is not a monarchy It is a republic o quotIn a republican government the legislative power necessarily predominates o quotThe legislative department is everywhere extending the sphere of its activity and drawing all power into its impetuous vortex Federalist 48 o How do we weaken and control this potentially uncontrollable legislative power o Madison provides three answers 0 1 Divide it into two chambers House and Senate Known as bicameralism o 2 Give some of it away in the form of a quotqualified negative or quotvetoquot to the executive 3 We can add layers of government federalism A fourth possibility is judicial review although Madison does not talk about this in Federalist 51 Judicial review the power of the courts to declare actions of the legislative and executive branches or the state governments invalid or unconstitutional o The power the people do surrender is divided up between two governments national and state therefore there is less of a chance that it will be used against them o Conclusion The Constitution provides sufficient protection of individual liberty In the extended republic of the United States and among the great variety of interests parties and sects which it embraces a coalition of a majority of the whole society could seldom take place on any other principles than those ofjustice and the general good 0 O The Bill of Rights o Demanded by Massachusetts and others as a condition for ratification o Why wasn39t one included originally 3 possible explanations O 1 Constitution already contained certain guarantees of protection from government actions 2 Most states already had such guarantees in their constitutions including one would be redundant 3 They saw federal government as very limited It only had the power to do the things explicitly mentioned in the Constitution If you start listing things the government cannot do does this imply it can do things not listed Madison proposes several amendments based on Virginia39s Bill of Rights 12 are approved by Congress 10 are quickly ratified and become known collectively as The Bill of Rights 0 O The Bill of Rights places limits on the authority the federal government has over citizens Bill of Rights does NOT limit in any way the authority state governments have over their citizens 12 is the quotRip Van Winklequot Amendment It was finally ratified in 1992 as the 27th Amendment Stated that congressional pay increases could not be implemented until after the following election Five Defining Characteristics of the Constitutional System Federal Based on a system of federalism def A Political system in which ultimate authority is shared between a central government and state or regional governments Republican Government is a republic def A form of democracy in which power is vested in representatives selected by means of popular competitive elections Amendabe through specific difficult process Bill ofRights Amendments 110 Separation ofPowers with some sharing of powers this sharing is called checks and balances 0 Article ILegislative bicameral a House a direct elections n elected every 2 yrs n states represented according to pop 1person 1 vote b Senate a selected by state legislatures until 191317th amendment n elected every 6 yrs 13 up for reelection every 2 years n each states receives 2 representatives must confirm presidential appointments to judiciary 0 Article IIExecutive Chosen by electoral college Retains partial veto over legislation override23 of both chambers Appoints supreme court judges and lower court federal judges subject to confirmation by Senate 0 Article III Judiciary Rules on the constitutionality of legislative and executive actions Members appointed by president and confirmed b senate Constitution only creates one supreme court others created by Congress o Steps to Amending the Constitution 0 Proposal Passage in house and senate each by 23 votes 0 Ratification Acceptance by majority vote in the legislatures of 3 of states 38 states American Politics 921 The Judiciary 9142009 90500 PM Creation of Federal Courts amp the Constitution The judicial power of the US shall be vested in one supreme court and in such inferior courts as the congress may from time to time ordain and establish The Judges both of the supreme and inferior courts shall hold their offices during good behavior and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office Jurisdiction of Federal Courts Article III Sec 2 Para 1 o All cases in law and equity arising under the Constitution the laws of the US and Treaties Cases affecting ambassadors public ministers and consuls Cases of admiralty and maritime jurisdiction Controversies to which the US is a party Controversies between 2 or more states Controversies between citizens of different states Controversies between citizens of the same state claiming lands under grants of different states Jurisdiction of the Supreme Court Article III Sec 2 Para 2 outlines 2 types Original jurisdiction includes cases involving the following Ambassadors etc Two or more states etc State and foreign states etc State and citizens of another sate except those disallowed by 11th Amendment All other conflicts fall under the Supreme Court s Appellate jurisdiction Article III is quite small 0 Provides no detail regarding the nature of the federal court system 0 Because the Constitution provides little direction Congress had to create the system and fill in the detail through statute law 0 O O O O O O O O O Early Development of the Courts The Judiciary Act of 1789 Creates 3tiered federal court system still in place today 0 O 0 Created 13 district and 3 circuit courts each with geographic jurisdictions Set the size of the Supreme Court at 6 5 assoc 1 chief Federal cases would be heard first in district or trial court and appeals of decisions rendered by federal district courts would be heard by a threejudge circuit court 1 district court judge 2 Supreme Court Justices Grants Supreme Court authority to issue writs of mandamus which compel government officials to act usually to correct a failure to act at a previous time Citizens desiring such writs instructed by this law to request the writ directly from the Supreme Court Early on the Supreme Court was not considered all that prestigious O 0 Washington and Adams have difficulty filling all 6 slots get rest from online slides Much of this beings to change around 1800 with the appointment of John Marshall 17551835 as the third or fourth Chief Justice of the US He served for 35 years Marshall was the third Chief Justice to be sworn in get rest from online slides History and the Role of the Judicial Branch What did the Framers have in mind In Federalist 78 Hamilton argues that the judiciary is the least dangerous to the political rights of the Constitution because it will be least in capacity to annoy or injure them In the same essay he implies that the Court may exercise judicial review 0 Whenever a particular statute contravenes the Constitution it will be the duty of the judicial tribunals to adhere to the latter and disregard the former Judicial Review the power of the courts to declare actions of the legislative and executive branches or the state governments invalid or unconstitutional Not clear from the ratification debates that supporters of the Constitution ever imagined the unelected Justices would have the authority to declare acts of the popularlyelected Congress null and void It wasn t until 1803 that the issue was settled probably a strong word Marbury vs Madison 1803 o 1800 in one of the nastiest presidential campaigns and elections ever Jefferson a Democrat replaces John Adams a Federalist as President Democrats also win majority of House and Senate seats 0 Adams and Federalists in Congress appoint 59 loyal Federalists to federal jobs Midnight appointments Basically as he s leaving office their appointments are signed and sealed Adams secretary of state Marshall delivers 42 of the appointments but leaves 17 on desk for new Secretary of State Madison to deliver One of those appointments Is that of William Marbury for position of Justice of the Peace in the District of Columbia Madison refuses Marbury asks supreme court to issue a writ of mandamus compelling Madison to deliver the appt n Writ of mandamus an order which commands an individual or court to perform a certain action usually to correct a prioronline slides o Marshall s Dilemma If he issues the write Madison will not obey and democrats in congress may even move to impeach him If he does not issue the writ federalists will be mad and the court will look as if it is being pushed around Either way the Court s legitimacy will likely suffer o Marshall s Solution Unanimity speak as a court not as six individuals Finds that Madison and by extension Jefferson was wrong to have withheld the commissions and that Marbury was entitled to his appointment Then he asserts that the Court does have authority to issue writs to compel public officials even the Secretary of State to do their prescribed duty However He then DENIES the writ of the grounds that the section of the Judiciary Act of 1789 which gave the Court the authority to issue the writ in this particular case was unconstitutional n Art II Sect 2 Para 1 delineates the original jurisdiction of the supreme court a Judiciary Act of 1789 states the citizens may ask the supreme court directly to issue writs of mandamus without going to lower courts first Therefore congress had written a law that attempted to change in this case expand the court s original jurisdiction Marshall states that it is emphatically the province and duty of the judicial department to say what the law isAny law repugnant to the constitution is void IMPLICATION first exercise ofjudicial review and first major step toward coequal branch American Politics 923 9142009 90500 PM Structure of the Federal Courts Constitution only mandates single supreme court Since then Congress has added 107 federal courts throughout statute Federal district courts 94 these are the trial courts There are currently 663 federal district judgeships Jurisdiction o 1 Federal Crimes criminal law deals with actions that are deemed to hard society as a whole Much of criminal law is written into state criminal codes In 2007 66629 criminal cases commenced in federal district courts up from 57691 in 1998 o 2 Civil suits under Federal Law civil law is the body of rules defining relationship among private citizens 3 Civil suits between citizens of diff states 4 Bankruptcy cases about 98 are personal 2 are business 5 Admiralty and maritime cases 6 Review of actions of certain federal administrative agencies All cases and controversies that end up in the fed courts fall into one of two catergories described in the pervious slides 0 Civil law 0 O O O 0 Criminal law Textbook mentions a third categorypublic law 0 Once a civilcriminal controversy is shown to involve the powers of gov t or the rights of citizens as defined by the constitution or by statue the case becomes a matter of public law Constitutional law is one example of public law US Courts of Appeals 13 o 12 Regional Circuits including DC circuit 0 1 Court of Appeals for the Fed Judicial Circuit each court has from 6 15 to 28 9th permanent judgeships depending on workload of circuit 9th and 11th circuits are busiest jurisdiction is entirely appellate not original jurisdiction 58410 appeals filed in 2006 The Supreme Court nine justices 8 assoc 1 chief Original jurisdiction outlines in Article III section 2 Appellate Jurisdiction 0 Lower Federal courts 0 Highest court in a given state Unlike other courts the US Supreme Court decides which cases it wants to review It has control over its own docket 0 Docket official record listing all cases before the court with info on status or action required for each When the Supreme Court decides to review a case it virtually all instances it issues a writ of certiorari Latin to make more certain o Writ of Certiorari a document issued by the court indicating it will review a decision made by a lower court Has become increasingly difficult over time 0 17901801 Supreme court hears 87 cases 0 1892 only 275 cases filed 0 2006 8857 filed nine as part of court s original jurisdiction 0 2006 78 cases heard This is less than 1 of all appeals File a Petition 0 can be costly in terms of court fees and legal fees 0 of 8852 appeals filed with the supreme court in 2006 only 1723 paid 0 the remainder 7132 were filed in forma pauperis in the form of a pauper in which they ask and receive permission to waive the filing fees mostly inmates 2 Law Clerks review all 8857 petitions culling them down into a discuss list 0 About a third of cases make this cut 3 Justices meet in conference to decide whether to grant certiorari to cases on the discuss list 0 Rule of Four does it exist did it ever Cases must meet criteria in three major categories 0 Case or controversy courts may only review cases that are an actual controversy not a hypothetical one 0 Standing parties to a case must have standing the right of an individual or organization to initiate a court case on the H basis of their having a substantial stake in the outcome of the case 0 Mootness This is a court criterion to screen cases that no longer require resolution In other words the case cannot be brought too late What Types of Cases are Most Likely to be Granted Certiorari o 1 Conflict among the circuits 0 some argue that this has become virtually the only useful predictor of whether the court will grant certiorari o 2 Cases presents civil rights or civil liberties questions o 3 Federal Government is the party asking for review 0 Solicitor General government official responsible for presenting before the courts the position of the presidential administration 0 Approximately 70 of the solicitor generals office requests are granted for certiorari o 4 Significant Interest Group Participation in Case 0 Amicus Curiae or friend of the court briefs 0 When the office of the Solicitor General files an amicus curiae brief it finds itself on the winning side approx 75 of the time What Happens Once You Get There o 1 Oral Arguments o A usually limited to 30 minutes per side 0 B Justice often interrupts to ask questions o 2 Decisions and Opinions 0 A Majority Opinion 0 B Concurring Opinion 0 C Minority or Dissenting Opinion o 3 Types of Interpretation 0 A Constitutional The act of evaluating state and fed laws to determine whether or not they are consistent with the language in the constitution o B Statutory Evaluating actions by administrative agencies and other bodies and states to determine whether or not they are American Politics 928 9142009 90500 PM Activism vs Restraint Judicial Restraint o Textbook argues that adherents of this judicial philosophy refuse to go beyond the clear words of the Constitution in interpreting its meaning He disagrees with the authors of the text on this issue As he sees it the difference between activism and restraint hinges on the concept of deference Deference to the popularlyelected branches Deference to state governments Deference to precedent stare decisis from the Latin let the decision stand e like NFL ruling on field stands unless there is indisputable video evidence to overturn it Thus a judge who defers to any or all of these exercises restraint In contrast a judge who does not feel bound by these forces might be considered an activist An activist would be more likely to overturn existing precedent more likely to strike down state laws and more likely to strike down federal laws This is distinct from ideology or interpretation Activists run amok O O 0 Note that the supreme court has only struck down only 160 federal laws in its history Between 1803 and 1954 it struck down 70 046 per yr Since 1954 its struck down 90 16 per yr Then again congress and the states are passing a lot more laws these days In his Moscardelli s view the activism vs restraint issue is distinct from a judge s decision making process or his or her approach to interpretation Decisions Decisions To what does a judge turn for guidance when neither the Constitution nor the law is clear 0 Two schools of though are prevalent Strict ConstructionsmLega FormalsmOrigina Intent a When the words of the Constitution do not provide clear guidance on a question or conflict judges should attempt to discern the framers intent and use that to guide their decision making Loose Construction5m living constitution n Constitutions like laws reflect societal values They are the result of compromise They are written in the words of John Marshall in great outlines Therefore they leave certain issues vague New issues arise the meanings of words evolve and values change Judges must fill in the gaps Thus they necessarily make law Stevens believes New London can take the property He makes two arguments about why this is the case What are they 0 Literal interpretation of public use is impractical Phrase is too vague This is why Court has relied for years on public purpose 0 Details of what constitutes public purpose are best determined by Congress states and localities not federal courts General point of Stevens given the evolving need of society we have to be flexible in how we read certain passages Thomas believes New London should not be able to take the property He makes two arguments about why this is the case What are they 0 Public use means public use It does not mean public purpose or general welfare Look back at dictionaries of the day the word use didn t mean purpose 0 Deference to local authorities on taking questions inherently privileges the powerful over the weak It s not a coincidence the Pfizer likes this plan General Point of Thomas when original meaning of a clause in the constitution is this clear we have to rely on it American Politics 930 Constitutional Development Part I Federalism amp Federalization Fivedefining features of the constitutional system 0 A Republican B Separation of Powers C Bill of Rights D Amendable E Federal Federalism o A political system in which there are local eg state units of government as well as a nationalgovernment both of which can make final decisionswith respect to at least some governmental activities and whose existences are protected The United States has 1 national government 50 state governments and over 89500 local governments Each has primary responsibility for certain areas although in most areas responsibilities are shared across levels eg public safety education This variation probably enhances the ability of ourpolitical system to respond to diverse conditions present in such a large country Federal system guaranteed in 10th Amendment 0 quotThe 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 peoplequot 0 During the constitutional convention Madison had todescribe federalism in a way that allowed the delegates to have their cake and eat it too So what kind of cake is it 0 Two common federalismascake metaphors Layer cake federalism n Duel federalism clear difference between state and notional powers functions and responsibilities Marble cake federalism O O O 0 9142009 90500 PM a Cooperative Federalism national and state powers functions and responsibilities mixed and mingled The Unsteady March Toward Federalization I will argue that despite the sharing that takes place the marble cake or cooperative federalism metaphor is not that valuable for understanding the history of federalstate relations Instead I believe we have witnessed an unsteady but undeniable trend in which the power and scope of the national government has continued to grow visavis the states I call this federalization or nationalization 0 Dual Federalism A constitutional theory that the national government and the state governments each have defined areas or spheres of authority that each government is supreme in its sphere Coercive or fiscal Federalism A practice in which the federal government dictates to the states what they must and must not do in virtually every sphere of governmental authority usually by linking eligibility for federal funds to state policy Three grossly oversimplified eras of intergovernmental relations 0 17911936 emphasis on limiting role of national government 0 19371995 supports expanded role of national government 0 19952008 pullback on expansion of federal power What will 2009 and the unprecedented stimulus package bring Constitutional sources of the expansion of federal power General National Supremacy Clause Article VI Section 2 o quotThis constitution and the laws of the United States shall be the supreme law of the land and judges in every state shall be bound thereby Four specific powers enumerated in Article I Section 8 on which Congress has drawn when extending its reach into areas traditionally dominated by states 0 1 War PowerArticle I Section 8 paragraph 11 O o 2 Power to Regulate Interstate and Foreign CommerceArticle I Section 8 paragraph 3 o 3 Power to Taxand SpendArticle I Section 7 paragraph 1 o 4 Necessary and Proper ClauseArticle I Section 8 para 18 o quotCongress shall have the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United StatesquotThe shift in the balance of power between the states the national government began early in American history In many ways McCulloch v Maryland1819 represents the beginning of the end for the concept of dual federalism Most agree that it died once and for all during the mid1930s Great DepressionNew Deal era McCulloch v Maryland1819 o 1791 National Bank created Chartered for 20 years In 1811 it is not rechartered o Trouble financing the War of 1812 leads President James Madison to pursue push for creation of Second National Bank in 1816 o 1818 Maryland taxes Baltimore branch of the National Bank 15000 0 Job of paying falls of cashier James McCulloch He is advised not to pay leading to the dispute Highest court in Maryland rules in favor the state Case is appealed to the United States Supreme Court 0 Daniel Webster argues for the United States government Luther Martin represents the state of Maryland 0 Maryland s Argument The Constitution is silent on the subject of banks and federal government has no authority to create a bank in the first place 10th amendment States have the power to tax as they see fit 0 United State s Argument Bank is a necessary and proper way of exercising powers enumerated in the Constitution States cannot interfere with operation of federal government is specified in National Supremacy Clause 0 Maryland s Response Necessary and Proper is not the same as convenient or easy Necessary and Proper really means indispensible and without which the power in question would be rendered nugatory less effective weak o Questions before the Court 0 Can national government create a bank 0 Can a state tax national government o Implication of McCulloch v Maryland 0 Major blow to the notion of dual federalism o The New Deal represents the final nail in the coffin for dual federalism but McCulloch v Maryland sets the tone American Politics 105 9142009 90500 PM Evidence of Federalization Evidence that power of the federal government is growing relative to that of the states o 1 Increase in Number of Federal Employees 0 Misperception Bureaucracy in Washington DC has NOT seen its biggest growth in recent years Nonmilitary federal workforce was constant from 19681992 It declined from 19922001 and has nudged up since then o 2 Growth in number of federally administered programs 0 Social welfare programs Medicare Medicaid AFDCTANF are all 20th Century creations This tends to track employment data more programs means more employees o 3 Growing reliance of states and municipalities on federal fund three common types of transfers 0 Categorical formula grants given to states based on a written formula of who qualifies and who does not Given for a specific purpose defined by federal law eg free and reduced school lunch programs 0 Project Grants given to fund specific projects roads bridges research projects etc eg the Big Dig and various grants to UConn faculty 0 Block Grants given to states to support efforts in broad policy areas education infrastructure etc Legislators and governors tend to like to block grants Big city mayors tend not to What do we spend on health care o 45 of all health care spending in this ountry is done by the govt fed state and local 0 total spending 1 trillion per yr American Politics 107 9142009 90500 PM Constitutional Development Part 11 Civil Liberties Civil Liberties Fundamental individual rights such as freedom of speech press and religion protected by law from unwarranted governmental interference Generally refers to the protections of individual liberty or freedom from the infringement by the federal government found in the Bill of Rights Amendments 110 to the Constitution We will focus our energies on the lst Amendment 0 quotCongress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievancesquot Freedom of Religion Establishment A Establishment Clause In 1789 8 of 13 colonies still had official statesupported churches Language in Constitution differs from that discussed in debates o no religion shall be established by law easy to interpret vs 0 Congress shall make no law respecting an establishment of religion For generations religion infused the public sphere In second half of 20th century courts begin to interpret this amendment to suggest that a wall of separation must exist between religion and the state 0 But in practice the sturdiness of this wall varied enormously from community to community Current doctrine emphasizes neutrality toward religion Constitutional lawyers will call this accommodation of religion Accommodationistapproach outlined in 1971 Supreme Court case Lemon v Kurtzman Three pronged Lemon test emerges o 1 Does the statute have a secular purpose


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