American Politic Weeks 3-5 Flashcards
What are the nature and purposes of a Constitution?
The Constitution is superior to and trumps any other rule or law
The Constitution sets the basic rules of the political game
It is stable: amending it requires a complicated process that involves the participation of both State and Federal institutions
It creates the structure of the government and defines the powers of each federal institution (including Congress, the President and the Judiciary)
It allocates powers to the Federal Government and to the States (Federalism).
Sets the rules for the election or appointment to each institution
Ours is a written Constitution, that ensures the rules are known to all and all participants are put on notice (transparency and predictability)
Politicians must abide by the rules when they win and when they lose, and ensure a peaceful transition from one elected leader to his or her successor
The debate at the 1787 Constitutional Convention
The Convention and the 54 delegates
Managing the Convention:
Which 3 administrative decisions were made to manage the Convention efficiently?
Five principles agreed upon early on (what does each of these principles entail/mean?):
Limited government
Representative government
Federalism
Separation of powers
Checks and balances
Two plans: Virginia and New Jersey Plans
Virginia Plan
The Virginia Plan was presented to the Constitutional Convention and proposed the creation of a bicameral legislature with representation in both houses proportional to population. The Virginia Plan favored the large states, which would have a much greater voice.
New Jersey Plan
The New Jersey Plan was one option as to how the United States would be governed. The Plan called for each state to have one vote in Congress instead of the number of votes being based on population. It was introduced to the Constitutional Convention by William Paterson, a New Jersey delegate, on June 15, 1787.
Divisions/disagreements and compromises at the convention
How many seats in Congress for the BIG states and how many for the SMALL states?
What is the CONNECTICUT COMPROMISE on House and Senate seat allocation?
Northern states vs Southern states
How to measure each state’s population, in order to allocate seats in the House of Representatives (should slaves be counted?): the 3/5 compromise
How to measure each state’s population for purposes of determining how much money each state should contribute to federal expenses (should slaves be counted?): the 3/5 compromise
Regulation of commerce: how far should Congress go in regulating commerce? The Commerce Clause
Broad suffrage vs narrow suffrage
Strong versus weak Executive
The Constitutional Convention approves the new Constitution
The Convention votes to approve the new Constitution in 1787 (39 delegates vote in favor)
Each state ratifies the new Constitution
9 out of 13 states must ratify it for the Constitution to come into force
The Federalist Papers (James Madison, Alexander Hamilton and John Jay) support ratification
The Constitution is ratified in 1788 (ratification by the NINTH state, NH)
All states will eventually ratify it by 1790
The “Bill of Rights” is added 3 years later
10 Amendments are added to the new Constitution. They are ratified by the states in 1791. These AMENDMENTS include:
Freedom of speech
Freedom of religion,
Freedom of the press
The right to peacefully assemble and petition the government
Gun rights
Prohibition against cruel and unusual punishment
Preamble:
Statement of goals
The first three articles: the 3 branches
Article I: describes the structure and powers of the US Congress (Legislative branch)
Article II: describes the Presidency (Executive branch)
Article III: describes the Federal Courts (Judicial branch)
Articles 4 and 6: Federalism
“Federalism” regulates relations between the federal government and the states, as well as the relations among the different states
The bicameral structure of the US CONGRESS
Two “chambers” (two “Houses”) of Congress:
The House of Representatives
435 US Representatives, elected for 2 years
House seats are assigned to each state in proportion to that state’s population
The US Senate
100 US Senators, elected for 6 years
All states have the same number of US Senators: 2 US Senators per state, independent of the size of its population
Early history of federalism in the US
Hamilton, Madison and Chief Justice John Marshall (strong FEDERAL government)
Thomas Jefferson, John Calhoun and Chief Justice Roger Taney (strong STATE government)
two levels of US gov’t
State and Federal
Examples of expanding federal power
FDR, the Great Depression and the New Deal
Most of Congress’ “Enumerated powers” are listed in article I, section 8 of the Constitution
Power to tax and spend for the general welfare and the common defense
to borrow money.
To regulate interstate commerce and commerce with other nations (this is the “Commerce Clause”).
to establish citizenship naturalization laws and bankruptcy laws
to coin money
to punish counterfeiters of money and stocks
to establish post offices and roads
to regulate patents and copyrights
to establish federal courts inferior to the Supreme Court
to define piracy and other sea crimes
to declare war
to raise and support Army
to provide and maintain a Navy
to regulate land and naval forces
to call up and regulate the militia (National Guard today)
to govern the District of Columbia and properties for federal government purposes
Constitutional provisions or interpretations used to restrict federal power and expand STATE power
The ENUMERATED POWERS: Congress (the federal government) has no other powers but those expressly listed (enumerated) in the Constitution
The RESERVED POWERS - the 10th Amendment says:
“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.”
Constitutional provisions or interpretations used to expand FEDERAL power:
IMPLIED POWERS under the “necessary and proper” clause. Congress shall “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 federal government”
The COMMERCE CLAUSE: Congress shall regulate interstate and international commerce
The SUPREMACY CLAUSE
The requirement that all officials swear an OATH to support the US (federal) Constitution
The INHERENT POWERS doctrine
Preemption
The power of the federal government to preempt state authority in some areas.
In 1930s and 40s, FDR and in the 60s, Lyndon B Johnson, supported preemption
Devolution
Allowing states to exercise greater power and limiting that of the federal government.
In the 1980s: Ronald Reagan supported devolution
FISCAL FEDERALISM
the use of federal funding to induce states to implement policies promoted by the federal government
Types of FEDERAL GRANTS
Categorical Grants: the money is transferred to states subject to specific conditions regarding how it is used and how the relevant programs are implemented
Special revenue sharing (SRS) or block grants: many grants intended for various programs are bundled together and states can decide how to apportion the funds to each of the listed programs.
General revenue sharing (GRS): funds are transferred to the states and the states are given very broad discretion as to how to spend the funds.
Presidents and fiscal federalism
JFK and LBJ (1960s): aggressive use of federal grants (often “categorical grants”) to induce states to support social programs and civil rights initiatives (Creative Federalism or Coercive Federalism)
Richard Nixon (1969-1974): Nixon’s “New Federalism”. Large use of block grants (special revenue sharing) and general revenue sharing to fund programs while leaving great discretion to states as to how to allocate the funds.
Ronald Reagan (1981-1989): drastic cuts in federal grants to states. New federal tax cuts reduce revenues of federal government. States run out of funds and they have to suspend and terminate many existing social programs
The PRESIDENT is the head of the Executive Branch
Term of four years: 2008, 2012, 2016, 2020, 2024, etc.
The Vice-President replaces a President who dies in office or retires
Presidents can only be removed through Impeachment (by the House of Representatives), Trial and conviction (by the US Senate - 2/3 majority vote required)
The US CONGRESS makes laws
House of Representatives: 435 members, 2-year term. All seats are up for election every two years
US Senate: 100 Senators (2 per state), 6-year term, 1/3 of the Senate is up for election every 2 years.
MIDTERM elections: when all seats of the House and 1/3 of the Senate are up for election BUT NOT THE PRESIDENCY: 2010, 2014, 2018, 2022, etc.
These are “executive tools” that Presidents can use without too much cooperation from Congress
Issue executive orders
Appoint top federal officials of Departments and Agencies, and all federal judges (subject to Senate confirmation)
Influence rulemaking by departments and federal agencies
Sign Executive Agreements
Use the so-called “Bully pulpit”
Add signing statements to approved bills
Issue Proclamations
Influence funding and staffing of agencies and departments
Carry out executive reorganizations