Ten Essentials

     Problems with Democracy

    Radicals - favor massive revolutionary change even at the cost of violence

1. Define and explain the significance of the following:

      Magna Carta- 1215 King John was forced to sign it. First time the powers of the British King were limited.  Eventually led to our government.  First tidal step on the road to democracy.

      John Locke- Single most influential philosopher (British) living in 1600’s that wrote political theories, which influenced our framers and original leaders.  He was a keynote designer in our political ideas. 

1.   Principle that all men are created equal.

2.   All people have “certain unalienable rights” including life, liberty, and property (the pursuit of happiness)

3.    Governments are created by people “To Secure These Rights”

4.   All governmental powers is based on “The consent of the governed”

5.   If Government becomes destructive of these ends, it is the right of the people to alter or to abolish it.

·         Bill of Rights- Most complete grouping of rights in the constitution. Tells us the rights of the people. This is one of the most important limitations on the powers of the national (and state) governments. 

·         Supremacy clause- if a federal and state law conflict then the Federal Law is Supreme over the State Law.  The Constitution is supreme over Federal Law.

      Exclusive, concurrent & reserve powers:

·         Exclusive powers- powers only the national government has

·         Concurrent powers- powers shared by the national and state government

·         Reserved powers- powers only the states have - found in the 10th Amendment

  Explain the purpose and functions of constitution in the American political experience.

• constitution defines and limits government powers.

• Sets down in writing, the rights of the people.

• Tells us the structure of government. Judicial, legislative, and executive branches established in writing.

• Includes the rules and operating procedures for government.

• It is the supreme and final law of the land. It is above all other laws. It is semi- permanent. (some rights are so vital and necessary that some of them are in the constitution to prevent them from being changed without first experiencing great difficulty)

   Discuss government under the Articles of Confederation: its structure, powers, and defects.

       Our government from 1783-1789. Confederacy (Strong states and a weak    National Government)

A. Strong states weak national government

·         “League of friendship”

·          Structure: one branch legislature

• No executive- Feared another tyrant or monarch

• No Judiciary- feared would interpret the Constitution taking away power  from the states - so no one interpretation of the Constitution and no way to settle disputes between the states

Congress- Unicameral- One house congress

a.      Every state had one vote.

b.      One year terms & Recall

c.      Vote on instructions for home state

d.      Paid by State

e.      9 of 13 for most action-- a ¾ majority

Powers Lacking

      a.   Tax- Cannot Tax - so government bankrupt

b.    Regulate Trade- Cannot Regulate the Economy

c.    Raise Army- Feared Military Control or enforcement.

1.      Separation of Powers

2.      Checks and balances

            Examples:

              President can veto bills passed by congress

             Congress can override veto

             Senate must ratify treaties

             Courts power of judicial review over Acts of Congress & President

3.      Federalism
Divided up government power more evenly between 2 independent levels of government - the national and state government - this was a compromise between the confederacy (strong states & weak national government) and the unitary system (national government having all of the power). This was a more even division of powers.

·         Exclusive powers - National government - only has this

·         Shared powers - Concurrent- both state and national share

·         Reserved powers - only state has these powers - defined in 10th Amendment

4.      Judicial Review
Power of our courts to determine the constitutionality of any government law or any government action. - By President, Congress states & contributes to the power of the courts.

5.      Limited Government
One of the ten essentials of a democracy.
Outlining restrictions on powers - Article I  - Sec. 9 & 10 - list of powers prohibited national government & states
Bill of rights. - rights the national government (and eventually the states) cannot deny the people

6.      Popular Sovereignty
Government’s power rests with the people.
People have the final say and are the ultimate authority. - through elections and right to criticize and lobby government.

• Discuss whether democracy, in the modern sense, existed in the newly created nation in 1789 when the U.S. Constitution went into effect.

·    No the framers  of the Constitution intended to establish a Republic, composed of elected officials chosen by the elite.  People weren’t directly electing the government – the only part of the national government to be elected by the people in 1789 was the House of Representatives; US Senators were chosen by their state legislators and the president was chosen by electors in the Electoral College-

•  to vote in 1789 – the were 4 key requirements a person had to meet:

·         white

·         male

·         property owner

·         and meet some religious requirements ( in some states)

·         only 5% were eligible to vote.

·         Why? The elites didn't trust common people? Over 200 years we have become slowly and painfully become a democracy—through amendments to the US Constitution and through various laws and changing practices

·        Discuss and evaluate the various methods (formal) and informal of changing the U. S. Constitution

Other ways constitutional change occurs:

·         Court Decisions - a reinterpretation of the Constitution—examples

·         1st amendment-- organized school prayer, legal for 175 years, is now unconstitutional –as of 1962     

·         14th Amendment—Segregation (having separate facilities for blacks and whites was legal from 1896 until 1954 and did not violate the 14^th amendment’s guarantee of “equal protection” of the laws –this was overturned in 1954—Brown v. Board of Education

·         Right of Privacy-- Abortions could be legally restricted or banned by the states until 1973 when Roe v. Wade established that a woman’s right to privacy included controlling her body and deciding whether she wanted to have the child or terminate the pregnancy. 

·         Presidential Acton- Ex- the president’s war powers have gradually been allowed to expand over 200+ years of U.S. history as presidents stretched their powers as commander-in-chief to respond to varies challenges the U.S. faced 

            Examples include:

·         The Tripolitan War (1805)

·         The Korean War (1950-53)

·         The Vietnam War (1965-75)

·         The Grenada invasion to remove the Marxist government and protect US lives (1986)

·         The Panama invasion to remove dictator Noriega from power (1991)

·         By changing political cultures and practices & beliefs. Ex- Electoral College—the manner in which electors are chosen and how they are supposed to vote

UNIT 3

THE FEDERAL SYSTEM

Compare unitary, confederate and federal system of governments and explain why the framers chose federalism

·        As British colonies, England tried to rule us using the unitary system, with all power in the hands of the national government—Parliament and the King—and all decisions made in London.  The colonial governments were expected to simply carry out those decisions.  This did not work too well with the great distance between England and the colonies and slow travel.  However, upon independence, we decided that the unitary system concentrated too much power in the hands of the national government. 

·        So, as an independent nation, we adopted the confederate system of government under the Articles of Confederation—1781-89.  In a confederate system of government, the national government is very limited in its powers and the state governments have most of the power.  We found that the confederate system created a national government lacking the necessary powers to govern the nation—it was too weak.  The states, which had most of the power, often went their own way, ignoring the national government. 

·        So, a constitutional convention was called, to be held in Philadelphia in the May of 1787, to consider amending and improving the Articles of Confederation.  Eventually, a consensus developed that the Articles were beyond repair and that a new, more powerful national government needed to be established.  The framers created a federal system, a compromise between a unitary and confederate system of government.  Under a federal system, the power was more evenly divided between the national and state governments.  Compared to the confederate system, the national government gained power and the states gave up some power.  Each level of government is independent, each passing its own laws and raising its own money through taxes. 

Federalism and constitutional provisions

·        Article I, Section 8—a list powers given the national government (Congress)—these are enumerated powers (listed powers)

·        Article I, Section 9--a list of powers prohibited the national government (no granting titles of nobility, no passing ex post facto laws, no money spent without Congress first appropriating it)

·        Article I, Section 10-a list of powers prohibited the states.

·        Powers given only to the national government—are exclusive powers (conducting foreign relations, regulating foreign and interstate commerce)

·        Powers given (reserved) to the states are—reserved powers (creating local governments, education)—defined in the 10^th Amendment

·        Powers given to both the national and state governments are—concurrent powers (taxation, criminal law, welfare programs)

Amendment 10-- Reserved powers - only place in the constitution where you will find reserved powers to the state.  And it reads  

(Important Point: The common early (pre-20th century) interpretation of the tenth amendment was that the majority of governmental responsibility lies with the states. The national government would be limited to only those powers specifically mentioned in Article I, Section 8.  The state governments would have more responsibility, a broader area of jurisdiction, and have more to do with what effects your daily life. )  This was the common view and the practice until the 20^th century. 

Trace the development of federalism & the 8 methods by which federal power has expanded since 1789.

 Eight Methods Used to Expand National Power

1.     JUDICIAL REVIEW Power to determine the constitutionality of a government action or law.  (This power, not mentioned in the US Constitution, was established by John Marshall in the Marbury v. Madison decision in 1803).

This protects the national government’s powers from being infringed upon by the states. It prevents states from the passing laws that infringe upon the U.S. constitution and the national government.  If such laws are passed and challenged in court, judicial review gives the federal court—especially the US Supreme Court—the power to rule those state laws unconstitutional, thus protecting the national government’s powers from being limited and restricted by the states.  By declaring those state laws in conflict with federal law or the US constitution unconstitutional, state powers are being restricted and narrowed.

2.      NECESSARY AND PROPER CLAUSE (Elastic Clause): if a power is listed in the constitution then it is an enumerated power.  At the end of the list of enumerated powers given the national government (Article I, Sec.8) is the necessary and proper clause—it reads: “CONGRESS HAS THE POWER TO MAKE ALL LAWS NECESSSARY AND PROPER FOR CARRYING INTO EXECUTION THE FOREGOING POWERS.”   In McCulloch v. Maryland (1819), Chief Justice John Marshall ruled that the national government not only had enumerated powers, but implied powers. (These are powers that are not actually mentioned in the constitution—merely hinted at.)  The necessary & proper clause gives the national government these implied powers.  According to Marshall in McCulloch v. Maryland, the national government has the implied power to pass other laws that HELP carry out the enumerated powers. (Ex.: establishing the national bank helped Congress carry out the enumerated powers of taxation & coining of money —the national government had to have a place to deposit tax revenue and money it coined.; the space program helps the national government in carrying out the listed power of “providing for the common defense.”) 

3. Interstate commerce clause

Trade between the states can be regulated by the national government.  In Gibbons v. Ogden  (1823) John Marshall gave a broad interpretation of Interstate Commerce, defining it as “commercial intercourse” or any movement across state lines. This allowed the national government to regulate all sorts of activities that crossed state lines—railroads, the federal mail, radio & television stations (FCC licenses), oil & gas pipelines, etc.—thus, expanding the national government’s power beyond just regulating interstate trade. 

4. Taxation power

The national government sometimes passes taxes for reasons other than to raise revenues to pay for government programs and services.  Sometimes the taxes are designed as regulatory tools to discourage “bad behavior”:

• Sin taxes placed on alcohol and tobacco products--things we don’t approve of or are unhealthy. 
• Tariff Tax charged to imports—to make cheaper foreign products more expensive and thus encourage American consumer to buy American-made products (thus, protecting American industry and saving American jobs.)
• Tax deductions (for political, church, and charitable contributions) encourage us to spend money in “good ways” that we otherwise would not do. 

5. Power to spend for "the general welfare"

Most social programs are based on this clause—Social Security, food stamps, Medicare, Medicaid, welfare, health research for cancer, Aids, etc., Pell grants to help poor kids to go to college.  This allows the federal government to spend money in ways that our framers never envisioned—or intended.

6. Fourteenth Amendment- Added after the Civil war.

·        Equal protection clause- “No state shall deny to any person within its jurisdiction the equal protection of the laws.”  This has been used by the courts to end discriminatory practices & laws—segregated schools (Brown v. Board of Education)—1954, the white primary, poll tax, and grandfather clause as voting requirements (they were designed to prevent blacks from voting)

·        Due process clause- No State shall deprive any person of life, liberty, or property, without due process of the law

7.   Right to Privacy

Implied right established in 1965 by the Warren Court (Griswold v. Connecticut).  There are certain parts of our lives that are so private and personal that no government has any business making laws or regulating it.

ü     Birth control devices—states cannot ban sale, mailing, to adults

ü     Wiretapping—law enforcement needs a search warrant (court order) before wiretapping your phone

ü     Right to possess pornography in your home—state laws making that illegal were ruled unconstitutional

ü     Women’s abortions—(Roe v. Wade—1973) ruled that the Texas abortion statute—and those of the other 49 states were unconstitutional because they violated a woman’s right to control her body and decide whether to have the child or terminate the pregnancy.

ü    Deviant sexual behavior--Sodomy laws (laws that made it illegal to engage in certain types of “deviant sexual conduct’)—the U.S. Supreme Court ruled in 2003 that the Texas sodomy statue (and those in 10 other states) violated the rights of consenting adults to engage in sexual behavior in the privacy of their homes & bedrooms.

8.  Federal aid

Forces states, local governments, and public schools to do something we might not have originally done.  Ex.:

·        Speed limit—1970s-1995—states had to lower it to 55 mph or risk losing all federal highway funds

·        Drinking age—1986—states had to raise it to 21 or risk losing 5% of their highway funds the first year and 10% thereafter

·        Integration of Schools—1981-82—ECISD was forced to come up with an acceptable integration plan to undo the effects of decades of segregated schools or lose all federal education funds—so ECISD closed down Ector High, created magnet schools, all to produce more “natural” integration

Full faith and credit clause – every state has to recognize the court proceedings, acts, records and practices in all other forty-nine states—ex.: a marriage or divorce in one state is valid in all 50. 

Privileges and Immunities clause – New residents of a state have the same rights as native- born residents—states cannot discriminate against people moving in from other states.

 Types of Federal Aid

• Categorical Grants

90% of today’s financial aid comes from this source

• History & Purpose:
  During the great depression FDR implemented the New Deal. Its purpose was to pave highways and ease the Depression

• Application required
  

• Extensive federal regulations required

•  Much paper work required

•  A Matching Requirement

example: if project costs $10 million,  the  city, county, or state government must provide the first 10-30% out of its own pocket--the the government provides the remaining 90-70%.

• Federal money had to be used for one specific purpose

Block Grants

• History : was introduced in 1966 by Pres. LBJ as part of his Great Society--an attempt to solve the social problems facing the US

• Purpose--To solve social problems

• Application was required

• Fewer federal regulations than categorical grants

• Less paperwork than categorical grants

• There was a matching requirement--10-30%

•  Major Difference: the money could be used in a broader area with more flexibility and choices--not just for one narrow purpose as with the categorical grant

• 10% of all federal funds by today’s government 
  

Revenue Sharing

• History:   Began in 1972 under Nixon administration

• Purpose:  to reduce the role of federal government

•  No application required

•  Almost no federal  regulations

•  Very little