Chapter 3&4
5 Basic Principles Revisited
1) Popular Sovereignty …
Definition and your own example
2) Separation of Power
Judicial Branch
3) Checks and Balances
Why? When it doesn’t work …
4) Limited Government
Fences … Keeping the Government in and out
5) Federalism
The Cakes
Power to the people …
Slavery
Abortion
Same-Sex Marriage
Multi-Racial Schools
Supreme Court Facts
9 Judges
John Roberts Chief Justice
Breakdown by President
Breakdown by Age
Breakdown by Political Party
To keep the three branches even and no one branch too powerful
Reminder of how they are checking each
The dangers of one branch not balanced
Andrew Jackson
Richard Nixon
George Bush??
The supposed limits to government and the constitution
Limits to the government – keeping the government in a fence – bound to the constitutional limits
Dangers of limiting the government to just the constitution – Thomas Jefferson
New Federalism
The division of governmental power between the National and State governments
The Government in Washington DC and the
State Government in Boise, etc.
History of Confederation …
Articles of Confederation
CSA
Texas and State Power
P.45
Power to the National Government
Power to the State Government
Concurrent Powers
Prohibited Powers
Federal/State Responsibilities
State to State Obligation
National Supreme
Civil War
Commerce Clause
Civil Rights Amendments
Federal Grants and Mandates
Dual Federalism
Early History – Two separate Levels
Limited (Supreme) powers to National
Everything else to the States
Layered Cake
Cooperative Federalism
Mixed levels of government
Marble Cake
New Federalism
Since President Nixon (Republican) way of shrinking responsibility and size (Not George Bush II)
What kind of Cake?
National Powers
State Powers
Concurrent Powers
Prohibited Powers
National
Government
Concurrent
Powers
Both
State
Government
Delegated Power – powers expressed in the constitution directly in the Constitution for the
National Government to regulate.
Declare War, Coin Money, Copy Rights
Implied Powers – powers reasonably inferred in the from the constitution. Elastic Clause (Art. 1 Sec. 8)
Laws that are necessary and proper to carry out gov.
Air Force, Buying Land (LA Purchase), Supreme Court
Inherent powers - powers that usually deal with foreign affairs
acquire land (bases), immigration policy, war on terrorism
Reserved Powers – powers not delegated to the states and not denied to the states.
Guaranteed by 10 th Amendment
Establishing/monitoring local government
Regulate trade within the state
Ratifying amendments to the Constitution
Powers held by both the state and national governments. No exclusive power is given to national government, no power denied to states
Levying and collecting taxes
Establish and maintain separate court systems
Law enforcement
Health and welfare
Borrow money
Powers restricted or denied to the national governments, state governments, or both.
Can’t take tax exports
States from making treaties
Individual rights
National Security - Military
Interstate Harmony – Between States
Domestic Tranquility – Social harmony
Infrastructure – Bridges/Roads
States must meet their responsibilities to the federal government in several ways.
States are responsible for public elections.
Ratify the Constitution
Cover what the Federal Government refuses to do.
Outlines the obligations each state has to every other states.
“Full Faith and Credit” – each state recognizes the records of other states.
Public acts, records, auto loans
Marriage ??
Extradition of criminals
McCulloch v. Maryland – national government supreme to the states in Constitutional matters.
Civil War – By the South losing the Civil War, the Union was supreme to the states and
States Sovereignty is secondary to National supremacy.
Commerce Clause – the national government moderates interstate trade. (Native Americans)
Civil Rights – Amendments and rulings to insure the rights of minorities.
Division of power between the national and state governments.
Overlapping funds
Federal government provides funds/regulations that affect lower levels
Important to State and local governments, municipalities.
Federal government has always had influence over states through grants-in-aid (money to finance their programs –see below)
Kinds of grants …
Categorical Grants – strings attached
Block Grants – general funds and up to the states to decide how to spend
Revenue Sharing – a potion of the federal monies returned to the states and local governments
A rule issued by the federal government to the states.
An order from the federal government that is not necessarily backed with money.
Most mandates are concerned with civil rights and protection of the environment.
1 st Amendment (Freedoms …)
Religion
Press
Petition
Speech
Assemble
2 nd Amendment (Right to BEAR ARMS)
State Militia
Personal Firearms
Freedoms to they end of my nose …
Limits to all amendments
Be aware this is the primaries
Democrats vs. Democrats
Republicans vs. Republicans
Know the Candidates and the Issues that might get them elected and the problems they face getting the nomination
BE ABLE TO NAME AND DISCUSS ONE POSITIVE
AND NEGATIVE FOR ALL THE CANDIDATES
(REPUBLICAN AND DEMOCRAT)
Hillary Clinton
Barack Obama
John Edwards
Joe Biden
Chris Dodd
Bill Richardson
Dennis Kucinich
For more info click on the link … http://www.politicalderby.com/
Mike Huckabee
Mitt Romney
John McCain
Fred Thompson
Rudy Giuliani
Ron Paul
Tom Tancredo
Duncan Hunter
For more info click on the link … http://www.politicalderby.com/
Supreme Court - Highest Court in the Land
9 Judges , 8 Men-1 Woman
By Age
By President
By Party
Possible Changes
What it means to the decisions?
How decisions are made …
How it gets to the Supreme Court …
Number of Cases, Number heard …