Essential Question
 How Have The Values And Principles Embodied
In The Constitution Shaped American Institutions
And Practices?
Unit Overview
 Lesson 21: What is the Role of Congress in American Constitutional
Democracy?
 Lesson 22: How Does Congress Perform Its Functions in the
American Constitutional System?
 Lesson 23: What Is the Role of the President in the American
Constitutional System?
 Lesson 24: How Are National Laws Administered in the American
Constitutional System?
 Lesson 25: What Is the Role of the Supreme Court in the American
Constitutional System?
 Lesson 26: How Dies American Federalism Work?
Unit 4 Purpose
 The Constitution is a general framework that describes
the organization of the national gov’t in terms of its
powers and limits. The Framers knew many details
would need to be added.
 The system of federalism was devised to reconcile
tension between national and state gov’ts.
 In this unit you will learn


How the three branches of gov’t embody constitutional
principles and how they operate.
How federalism remains a dynamic characteristic of American
gov’t.
Purpose
 Congress is often called America’s first branch
because of its lawmaking powers and control over
the nation’s purse.
 Congress is also considered the “People’s Branch”
since it is directly accountable to the electorate.
 This lesson examines Congress’s constitutional
powers and how it represents both the people and
the states.
Objectives



Explain basic differences between Congress and
the British Parliament and how Congress reflects
America’s commitment to representative
government and federalism.
Identify several constitutional sources of power
and some of the challenges members face in
representing and serving constituents.
Evaluate, take and defend positions on
contemporary issues about congressional
representation and organization.
Terms to Know
delegate theory
The idea that a legislative representative should exactly mirror his or
her constituents' views in deciding on public policy.
enforcement powers
The power of Congress to enforce laws.
enumerated powers
Those rights and responsibilities of the U.S. government specifically
provided for and listed in the Constitution.
federalism
A form of government in which power is divided and shared between
a central government and state and local governments.
Terms to Know
gerrymandering
Drawing the boundaries of an electoral district to favor a political party.
implied powers
Those powers authorized by a legal document that are not expressly stated but can be
inferred from expressly stated powers. The power of Congress to do all things "necessary
and proper" to carry out the powers delegated to it by Article I, Section 8, Clause 18 of the
U.S. Constitution. The "necessary and proper" clause is also known as the "elastic clause,"
because it greatly expands the Constitution's enumeration of the powers of Congress.
Implied powers can be distinguished from "inherent powers," those that are expressly
provided for in the Constitution.
inherent powers
Those powers ingrained so deeply in an institution that they need not be stated. For
example, what the "inherent powers of the presidency" might be is a hotly contested
subject in American national politics.
trustee theory of representation
The idea that a legislative representative should use his or her best judgment in making
decisions on public policy, regardless of constituent opinion.
Differences Between Congress
and the British Parliament
 Although British Parliament served as a model for
our 2-house legislature, there are 4 major differences.
 1) Representation

British Parliament
Designed to represent specific order in society.
 House of Lords - traditionally an inherited seat. Today hold
honorary lifetime appointments. (1200 members)
 House of Commons – elected, represent geographic regions


Congress
House of Reps – represent viewpoints of district / frequent
turnover (2 yr. terms)
 Senate – represent whole state / longer terms ( 6 yrs.)

Differences Between Congress
and the British Parliament
 2) Separation of Powers

British Parliament
Leader of majority party appoints
prime minister (chief executive and
chief legislator)
 Members of Parliament hold Cabinet
positions as well
 House of Commons is much more
powerful house
 http://www.youtube.com/watch?v=
TsAa9VmwOaI


Congress
Article 1 Sec 6 prohibits mingling of
executive and legislative powers
 House & Senate both powerful,
frequently limit each others’ power

Differences Between Congress
and the British Parliament
 3) Term Lengths

British Parliament


No fixed election schedule, but at least every 5 yrs. depending on
“confidence” in prime minister and party in power
Congress

Reps (2 yr terms) / Senate (6 yrs., staggered)
 4) Federalism

British Parliament


Local governments are primarily administrative units of central
government. Most powers simply delegated from national level.
Congress

State legislatures wield considerable power, leading to dynamic
system of federalism.
Congress’s Constitutional Powers
 Limitations
 Art. 1 Sec. 8 - limits powers to those “herein granted” /


Art. 1 Sec. 9 – lists matters congress “shall not” legislate


18th power = “all laws… necessary and proper for carrying into
execution the foregoing powers”
Tax state exports, grant titles of nobility…
Bill of Rights – list of rights Congress “shall not” infringe

First – “Congress shall make no law” abridging free press
Congress’s Constitutional Powers
 Enumerate Powers

Those powers listed in Constitution

Ex) “Regulate Commerce”
 Congress now regulates manufacturing,
child labor, wages…
 Implied Powers

Some expressed powers imply additional powers

Ex) “Necessary and Proper” Clause
 Court Case: McCulloch v. Maryland (1819)
• Decision = N & P clause and power to coin & borrow money implied
power to create a national bank.

Congressional Oversight
 Implied power to create, and monitor, executive agencies designed
to implement policy mandates.
Representing the People & The States
 No constitutional term limits
 Since 1842, all members of House elected from
single-member districts
 Many states redistrict after each 10-yr. census


Drawn by state legislatures or independent commissions
Dissatisfied groups can challenge redistricting in court
Controversy Over Districting
 Court Case: Wesberry v. Sanders
(1964)

Decision – adopted rule of “one
person = one vote”
 New requirements have not
ended debate over
Gerrymandering
 Senate initially chosen by state
legislatures, but 17th Amendment
creates direct elections
Controversy Over Districting
 1913 – Congress fixes size of House at 435
 By 2004, average House district population over
700,000

Surpassed worldwide only by India
 District size creates challenges addressing needs and
interests of such diverse constituencies
Theories of Representation
 Delegate Theory or Trustee Theory?
 Most representatives claim to practice both
 Our vast and diverse nation make it challenging to
both represent constituents while also finding
common ground with legislators from other regions.
Congressman
Specter dealing
with “unhappy”
constituent
http://www.youtu
be.com/watch?v=j
V1jmvMHsS0
Serving Constituents
 Communications
 Media appearances, websites,
town hall meetings…
 Case Work
 Staffers help constituents solve problems involving national
government.

Ex) Dealing with agencies (IRS, Social Security), asking for favors
(tours, meetings w/ legislators)
 Serving Constituents’ Interests and Concerns
 Introducing / sponsoring legislation that serves constituents
interests.
 Working to have federal projects located in district (highways)
Purpose
 Congress is one of few national assemblies with the
power to initiate legislation, not simply vote on
executive’s proposals.
 Congress also conducts investigations that lead to
important changes in policy and removal of officials.
 Despite its rules and leadership structures, the 535
member Congress faces challenges representing their
growing and diverse constituencies.
Objectives






Describe the role of rules, committees, and political
parties in Congress.
Describe the lawmaking process.
Identify the primary sources members rely upon.
Explain the importance of Congress’ power to
investigate.
Explain why compromise is required in the
deliberative process.
Evaluate, take, and defend positions on how
Congress functions and whether it should
streamline its procedures.
Terms to Know
bill
A proposed law placed before a legislature for approval.
cloture
A rule of the U.S. Senate stipulating that debate on a legislative proposal be cut off and the
proposal voted upon by the full Senate if sixty members agree.
filibuster
The practice of refusing to surrender the floor during a debate to prevent the Senate from
voting on a proposal.
impeachment
Charging a public official with a crime while in office and bringing him or her to trial.
Convicted officials are removed from office.
lobbying
The practice of attempting to affect legislation by influencing legislators.
Terms to Know
pocket veto
A presidential practice that allows a bill to die if not signed within ten days and Congress is
adjourned. The president is conceived as keeping the bill in his pocket rather than taking it
out and signing it.
power to investigate
The power of Congress to undertake formal inquiries into matters of public business and
public policy.
resolution
A formal statement of a decision or expression of opinion put before or adopted by an
assembly such as the U.S. Congress.
seniority
Length of service. In the U.S. House of Representatives or the U.S. Senate, certain powers
and responsibilities of congressional members, such as committee chairmanships, are
granted on the basis of their time in office.
The Role of Rules & Committees
 Rules and Committees not specified in Constitution,
but instead created by each chamber (Art. 1 Sec. 5)
 Committees

Standing (permanent) Committees have jurisdiction over
particular subjects, appoint more specific subcommittees
Ex) http://www.govtrack.us/congress/committee.xpd
 Hold hearings to hear public
testimony or conduct gov’t oversight


Select Committees (task forces)
exist for limit time for specific
purpose
The Role of Rules & Committees
 Rules
 Examples
House rules specify size and jurisdiction of
committees / govern form and structure of
debate
 Senate more informal, filibuster option
remains open at all times.
 However, 60 votes (cloture) brings
proposal to a vote

 Party Organization
 Leaders encourage members to adhere to
party platform
 Committee chairs appointed by seniority
and party loyalty
Congressional Leadership
 House Leadership (3 models)
 Strong Institutional Speaker
Speakers wield considerable power over organization and legislative
agenda
 Powers: controls committee appointments, chairs Rules Committee,
“traffic cop” deciding which bills come to the floor and rules of
debate.


Decentralized Committee Leadership


Some historical periods witnessed committee chairs rebelling against
speaker
Party Control
Strong speaker who represents majority party
 Committee chairs appointed based upon
party loyalty

Congressional Leadership
 Senate Leadership
 VP is president of Senate, but only power is to cast tie-breaking
vote.
 Majority and Minority Leaders chosen by each party to guide
operations.
Majority Rule and Compromise in
Congressional Deliberation
 Bill vs. Resolution
 Simple resolutions address rules or express sentiments of
Congress
 Joint Resolutions device for proposing Amendments or other
matters. If signed (or over-ride), has force of law
 Most proposals take form of a bill
 Bills introduced in either House (except revenue bills= H)
 Numbers with prefix S or H
 The process is as follows…
Majority Rule and Compromise in
Congressional Deliberation
 Committee Assignments
 Bills assigned to at least 1 committee / usually referred to
subcommittees for rigorous scrutiny and amendments
 Hearings
 Representatives of government agencies, interest groups or
outside experts present testimony
 Deliberations
 At “Mark Up” sessions, members can review, modify, approve
final version, and recommend to full House or Senate
 Report
 If bill wins favorable committee vote, reported to full chamber
 Committee report justifies its actions
Majority Rule and Compromise in
Congressional Deliberation
 Floor Vote

Places on calendar for consideration and a vote
 Referral to the Other Chamber

If passed, sent to other chamber where process begins again
 Conference Committee


When versions of bill differ (most do), conference committee (members
of both house) try to reach compromise.
If agreement reached, conference report submitted for vote (cannot be
amended, can be filibustered)
 Referral to President



If president signs, becomes law
If vetoed, 2/3 vote needed in each chamber to over-ride
If not signed, but Congress adjourns within 10 days, bill is dead
(pocket veto)
Majority Rule and Compromise in
Congressional Deliberation
 Bill must win majority support at each phase
 Sponsors of bill must be persistent and willing to
compromise
 Lawmaking process demonstrates American system
of representative gov’t, limited gov’t and checks and
balances at work.
 LawCraft
http://icivics.org/games/lawcraft
Ideas for Legislation &
Deciding Which Bills to Support
 Campaign Promises
 Responses to Crisis
 Legislation Introduced by Others
 Library of Congress and Congressional Budget Office
provide research, analysis, and projected costs.
 Executive Branch

President outlines legislative agenda at State of the Union


Party members sponsor president’s legislation
Legislation also introduces by Executive departments / agencies
Ideas for Legislation &
Deciding Which Bills to Support
 Constituents

Constituents recommend enactment or
repeal of laws through various forms of
communication (letters, opinion polls, blogs)
 Interest Groups



Organizations, industries, and interest
groups employ lobbyists to help influence
legislation
Reflects right to free speech, assembly, and
petition
Effective Lobbyists are well-informed on
issue, knowledgeable of process, wellorganized, and cooperative.
The Power to Investigate
 Purpose
 Finding facts on which to base legislation
 Discover or influence public opinion
 Oversee administrative agencies
 Probe activities of public officials
 Secure partisan political gain
 Power to investigate also used to impeach federal
officials


Initiated in House. If vote on impeachement, sent to Senate
Conviction in Senate requires 2/3 majority
Purpose
 The president is among the most powerful political




figures in the world.
Internatioanlly, the president speaks for the country
and is the symbol of America.
Domestically, the president suggests policies to
Congress and is the leader of their political party.
Americans look to the president for leadership, while
also fearing concentration of executive power.
This lesson examines sources of presidential power
and ways that checks and balances limit presidential
power.
Objectives




Explain the president’s responsibilities and how the
office has evolved.
Identify various constitutional and political checks
on the president’s power.
Explain fundamental differences between the
parliamentary prime minister and the American
presidency.
Evaluate, take, and defend positions on issues
involving the exercise of presidential power and the
relationship between the president and other
branches of gov’t.
Terms to Know
commander in chief
Highest ranked person of the military forces. According to the U.S.
Constitution, the president is commander in chief of the nation's
armed forces.
executive orders
Directives issued by the president, including Presidential Directives,
National Security Directives, and Homeland Security Presidential
Directives. Presidents have issued such orders since 1789. Such
orders are open to the public, except for National Security
Directives.
executive power
The authority to carry out and enforce the law.
The President’s Responsibilities
 Executive Power not specifically defined in
Constitution, but following powers are listed (Art. II)








Commander in Chief of army and navy
Heads executive department
Granting reprieves and pardons
Making treaties (subject to Senate’s
consent)
Nominating ambassadors, consuls, judges
Recommend legislation
Veto bills
Receive ambassadors (chief diplomat)
The Framers’ Vision of the Presidency
 Official above partisan politics
 Electoral College would identify
people with character “preeminent
for ability and virtue”
 No expectation of campaigns
 Wanted “energetic” president as
opposed to legislature’s
“deliberative” nature
 Hamilton: “Bad execution… must
be… a bad government.”
The Presidency Evolves
 Andrew Jackson
 Unprecedented use of veto (national
bank)
 Abraham Lincoln
 Expansion of wartime powers
(suspension of habeas corpus)
 Teddy Roosevelt
 “Bully Pulpit” – used visibility and
influence of presidency to advocate his
political agenda
The Presidency Evolves
 FDR

Took control of policy process through New Deal
programs.



Social Security, employment programs, executive
agency reform
Exerted unprecedented military power during WWII
Employed “fireside chats” to establish trust and
confidence
 Since FDR

Effective presidents have used FDR’s strategies to
bolster power
Reagan – “The Great Communicator”
 JFK & Clinton – Used charisma to win political allies
and persuade public to support policy proposals

Foreign Policy
 Congress’s role (declare war, fund armed forces…)
largely reactionary to president
 The President foreign relations powers…

Commanding Armed Forces
Military power used to defend nation and as a threat to persuade
 Each president since FDR has sent troops abroad w/o declaration of
war.


Making Treaties

Sole authority to negotiate
on behalf of US, pending
Senate approval
Foreign Policy
 Appointing Ambassadors & Public Ministers
 President decides who represents US abroad.
 Ambassadors help shape US image and advise on foreign policy
 Receiving Ambassadors and Other Public Ministers
 President sole channel of international communications
 Assumes right not to recognize them
Expansion of War Powers
 During wars and emergencies, presidents often
exercise power not granted in Constitution


Grover Cleveland – sent unauthorized troops to put down
Pullman train car strike
FDR – sent war ships to Britain before entered WWII
 Attempts at restraint
 1952 – Supreme Court rules against Truman (seizing steel
mills during Korean War)
 2006 – Bush’s “special military commissions” violated US law
and Geneva Convention
 However, Congress & Court tend to defer to president
Expansion of Presidential Power
 Over time, power has flowed from one branch to the
other.


19th C. – Congress dominated
20th C. – As role of US in world grew, so did Executive power
 Why growth of presidential power?
 Over past century, polls show public demand for strong president




However, polls also show public distrust of strong executives
Broad constitutional powers
Role in recommending legislation
Increasingly active role in development of federal regulations

Regulations elaborate on general laws passed by Congress
Expansion of Presidential Power
 Executive Orders
 Rule or regulation issued by the
president.
 Must be published in Federal Register
 Assumption of new
responsibilities

Issues involving education, health care,
transportation, product safety, etc.
have shifted from purely state / local
control to national as well.
Limitations on Power
 Congress
 Rejecting or modifying president’s
legislative agenda
 Asserting its constitutional authority
(war powers)
 Refusing to ratify treaties
 Refusing to confirm nominees
 Refusing to fund programs
 Removing president from office
Limitations on Power
 Supreme Court
 Humphrey’s Executor v. US (1935)


US v. Nixon (1974)


Congress must approve president’s
removal of official from independent
regulatory agencies
President not entitled to automatic
immunity from legal process
Train v. City of NY (1975)

President cannot refuse to spend
money appropriated by Congress
 Executive Agencies
 Public Opinion
Differences Between American Presidency &
British Prime Minister
 Prime Minister
 Chief Executive
 Appointed by majority party or
coalition
 Must have served in Parliament
 Passage of legislation more
efficient, but PM can be quickly
replaced once they lose confidence
of Parliament
Differences Between American Presidency &
British Prime Minister
 Presidency
 Not appointed, elected. No experience
required.
 Fixed 4-yr term, regardless of public
opinion
 Many more checks on power than in
Parliamentary system
 Power depends on ability to persuade
 President’s standing in eyes of world can
enhance or detract from international
reputation of nation.
Purpose
 Departments, agencies, and bureaus that administer
laws (bureaucracy) touch every aspect of American
life.
 This lesson examines the role of administrative
departments and agencies in America’s national
government.
Objectives



Explain why Congress create administrative
units, the circumstances that contribute to their
creation, and the range of governmental
functions that administrative perform.
Identify some of the checks on the exercise of
administrative power.
Evaluate, take and defend positions on public
administration in the United States.
Terms to Know
bureaucracy
Governmental departments and agencies and their staffs, principally civil service
members and political appointees.
cabinet
The group of advisors to the president composed of the heads of the departments of
the executive branch and certain other officials. Cabinet advice to U.S. presidents is
not binding, as opposed to parliamentary systems, where the consensus of cabinets is
said to bind prime ministers.
civil service
Employment in federal, state or provincial, and local governmental agencies. The
civil service was formed in an effort to reduce political patronage and promote
professionalism in government.
independent agencies
Administrative organizations located outside the structure of executive
departments.
Kinds of Administrative Units
 Executive Departments
 Congress directs each to administer certain laws / President
appoints each secretary, or “head” (Cabinet)
 Currently 15 departments, each head in line of succession
 Executive Office of the President (EOP)
 Created in 1939 to help with budgeting, personell management,
and natural resources planning.
 Includes: White House Office, Office of
Management & Budget, Council of
Economic Advisors, National Security
Council
Kinds of Administrative Units
 Independent Agencies


Located outside structure of Executive Departments
Granted quasi-legislative regulatory powers

Ex) Environmental Protection Agency (EPA), Peace
Corps
 Others

Federal Emergency Management Association (FEMA)


US Postal Service


Was independent agency, now part of Dept. of Homeland
Security
Government corporation
Federal Communications Commission (FCC)

Designed to enforce regulations of the industry
Administrative Organizations
 Quasi-legislative powers delegated to
implement broad congressional mandates.

Rules published in Federal Register
 Some units granted quasi-judicial powers
 Hearings held to resolve disputes
 Example: IRS
 Makes & Enforces rules about tax collections. Also
holds hearings for those accused of violations.
 Administrative Procedure Act (1946)
 Established rules to implement laws, requires public
notice / hearings, permits judicial review of
administrative decisions
Contributing Factors
 Growth in response to demands placed on gov’t
 Ex) Industrial Revolution lead to Dept. of Commerce and Labor,
Interstate Commerce Commission, and Federal Trade
Commission
 Great Depression / New Deal
 FDR creates significant growth in federal bureaucracy in
response to national crises
 Cold War
 Dept. of Defense, National Security Council,
CIA…
Contributing Factors
 Reduction
 Starting in 1970s, many commissions
and boards abolished

Ex) Interstate Commerce Commission
 9/11
 Terrorist attacks result in creation of
Department of Homeland Security
Staffing Administrative Agencies
 Civil Service
 1883 – Patronage substituted for merit-based system /
administrative class insulated from politics
 Congress sill establishes office requirements, performance
standards, wages, benefits, & “whistle-blower” protections
 Hatch Act (1939)


Parties prohibited from pressuring workers to contribute or work
for candidates in exchange for job security
President makes appointments to
key leadership positions
Helps ensure bureaucracy enacts his
policy agenda
 With new administration’s usually
complete change in leadership

Checks & Balances
 The President
 Appointment power rewards loyalists / advances agenda
 Executive Orders – directs agencies to take certain actions
 Congress
 Creates, consolidates, or eliminates agencies
 Senate confirms high-level appointees
 Statutes direct agency actions
 Appropriates funding
 Congressional Oversight

Ex) review budgets, investigate actions
Checks & Balances
 Courts
 Decide whether agencies violate 14th Amendment due process
& equal protection requirements
 Requires Congress to clearly define agency standards
 Federalism
 If state and national policies differ, states sometimes resist or
refuse to comply with standards (ex. Education reform)
 Citizens, Interest Groups, Media
 Those directly affected by public policy ca monitor actions,
report complaints, or investigate issues regarding problems
and injustice in the bureaucracy
Purpose
 As opposed to English tradition, the Constitution
provides for an independent judiciary.
 Hamilton considered it “least dangerous branch”
because it depends on other branches to enforce its
decisions.
 This lesson examines how the Supreme Court has
become a coequal branch of the national government
and describes some of the institutional checks on its
power.
Objectives
 Explain the difference between the Supreme Court’s
original and appellate jurisdiction.
 Explain the four methods of constitutional
interpretation.
 Explain how America’s system of checks and
balances limits the power of the Supreme Court.
 Evaluate, take, and defend positions on issues
relating to the role of the Supreme Court in the
constitutional system.
Terms to Know
advisory opinion
In some judicial systems, a formal opinion on a point of law given by a judge or court when requested
by a legislature or government official.
appeal
The bringing of a court case from a lower court to a higher court in an attempt to have the lower
court's decision reversed. Grounds for appeal include errors of law, fact, or procedure.
appellate jurisdiction
The legal authority of a court to hear appeals from a lower court.
jurisdiction
The power or authority to hear cases and make decisions.
landmark decision
A legal decision that constitutes a turning point or stage. Brown v. Board of Education (1954) is an
example of a landmark decision.
Terms to Know
litigant
A party involved in a lawsuit.
methods of constitutional interpretation
Interpretive methods employed by U.S. Supreme Court justices when considering constitutional
issues of some cases. See strict construction, original intent, fundamental principles, and
instrumentalism
original jurisdiction
In some cases, such as those in which a state is a party, the Supreme Court has the right to
consider the facts and the law in a case without it having first been passed on by a lower court.
writ of certiorari
A type of writ seeking judicial review of a legal decision.
Constitutional Powers of the Supreme Court
 Article III
 Created Supreme Court, Congress has power to create inferior
courts.
 Life tenure for all Federal Judges
 Jurisdiction over cases arising under national law and involving
citizens from more than one state.
 Trial by jury in all criminal cases except impeachment
 Power of judicial review, deciding whether acts of Congress,
executive, state laws, or state
constitutions violate US Constitution
Constitutional Powers of the Supreme Court
 Original Jurisdiction
 Power of a court to pass judgment on
both the facts of a case and the law.
 Original Jurisdiction over


“cases affecting Ambassadors, other
public Ministers and Consuls,… [and]
… Controversies to which the United
States shall be a Party.”
Original Jurisdiction - Supreme Court
only one to hear case

Very few cases arise from original
jurisdiction
Constitutional Powers of the Supreme Court
 Appellate Jurisdiction
 Power of higher court to review and revise decision of inferior
court
 Supreme Court has appellate jurisdiction in all cases not in
original jurisdiction unless restricted by Congress.
 Congress Created 3 – Tiered system
Trial Courts (Federal District Courts) in each state
 13 Courts of Appeal (Federal Circuit Courts)
 Supreme Court

Constitutional Powers of the Supreme Court


Litigants who lose in lower federal court (or highest state
court) can ask Supreme Court to review the case.
Supreme Court not require to issue writ of certiorari
Four justices need to approve
 Of thousands of yearly petitions, number of cases decided by court
on decline
 1980 – 232 cases
 2006 – 72 cases

Methods of Constitutional Interpretation
 Written Opinions
 Courts issue majority, concurring, and dissenting opinions
Hold Supreme Court accountable by publicizing its rationale
 Establishes a record that serves as precedent for future cases

 Methods of Interpretation
 Textualism, Literalism, or Strict Construction
Looking at literal / ordinary meaning of each word or phrase
 “keeps Court neutral and helps justices avoid imposing their own
values on the Constitution”

Methods of Constitutional Interpretation

Original Intent or Original History
Seek to understand what Founders originally meant
 “helps maintain stability and neutrality in the law”


Fundamental Principles
Looks to principles – natural rights, republican gov’t – to interpret
meaning of words, phrases, or clauses
 “identifying fundamental principles is useful in determining what
meaning of words actually are”


Modernism or Instrumentalism
Premise that Constitutional interpretation should adapt to changing
circumstances and contemporary needs.
 Argue that justices should not “hold back social progress by adhering
to outmoded understandings of the Constitution”

Checks on Supreme Court Power
 Self-Imposed Limits
 Attempt to avoid partisan politics by refusing “political
questions”
 Does not issue advisory opinions, only decides specific
cases
 Presidential Appointments
 Nominees can change approaches to
constitutional interpretation and attitude
about role of the court
 Executive Enforcement
 President may threaten to refuse enforcement.

Ex) US v. Nixon
Checks on Supreme Court Power
 Congressional Power
 Congress determines appellate jurisdiction and controls budget
 If statute declared unconstitutional, may pass it in another form
 Can alter size of the court
 Can propose amendments in response to unpopular decisions

Ex) 16th Amendment – Income Tax
 Federalism
 State enforcement may be lax.
 Some states still evade entirely
desegregating schools
Purpose
 The powers of and the boundaries between the
national and state governments never have been clear.
 This lesson examines constitutional provisions
affecting the states in their relationship to the national
government.
 It also explains how state governments are organized,
including their creation of units of local government.
 Finally, it describes the role of states as “laboratories
of democracy.”
Objectives
 Explain how American federalism involves divided
sovereignty and an ongoing effort to balance power.
 Explain the function of three basic kinds of local
government – counties, municipalities, and special
districts.
 Give examples of governmental innovations at the
state and local levels.
 Evaluate, take, and defend positions on continuing
issues related to America’s unique system of
federalism.
Terms to Know
initiative
A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately
become law.
local government
Government of a specific local area, such as state subdivisions authorized by states or governments of
cities, counties, and towns. Also includes special government units, such as water districts.
police powers
The inherent authority of a government to impose restrictions on private rights for the sake of public
welfare, order, and security within the boundaries of constitutional law.
recall
A process of using special or general elections for removing elected officials from office.
referendum
Placing a measure approved by a legislature on a ballot for popular approval.
reserved powers
Those powers referred to in the 9th and 10th Amendments that are reserved to the states or to the
people.
Constitutional Status of State Governments
 States’ Role in National Government
 9 of 13 states were needed to ratify Constitution (Art. VII)
 Determine Voting Qualifications for House Members (Art. I)
 Equal Representation in Senate
 Vital Role in Electoral College System
 Governing Power Left to the States
 Art. I Sect 8 – 9 powers states do not have (no titles of nobility)
 Prior list, enumerated powers for Congress, and 10th
Amendment established that powers not granted to national
government are reserved to state governments.
Constitutional Status of State Governments
 Reserved (Police) Powers
 State gov’ts power to enact legislation
that protects the health, safety,
welfare, and morals of those within
this district

Ex) Schools, making / executing
criminal and civil laws, zoning
 Historic Tension
 Disputes often arise over Supremacy
Clause and ambiguities regarding
which level of gov’t has which power
Common Features of
State Government Organization
 Bill of Rights
 Most include same rights as US Constitution. Many also add
rights such as right to work or right to education.
 Legislative Branch
 Most legislatures (assemblies) meet annually, are bicameral,
with districts for both houses based upon population.
 Executive Branch
 Governor is chief executive, most serve 2 or 4 year terms. Lt.
Governor role similar to “vp.”
 2003: US gov’t employees = 3 million,
State / Local gov’t employees = 15 million
Common Features of
State Government Organization
 Judicial Systems
 Trial and appellate courts. Judges elected in some states,
appointed in others.
 Municipal courts deal with local matters such as traffic offenses.
 State Supreme Court has final say about meaning of state
constitution.
 Creation of Local Governments
 State grants charters to carry out certain gov’t responsibilities.
Local laws typically called ordinances.
 Categories of local government includes: counties, municipalities
(cities & townships), and special districts that provide specific
services (school districts).
Changing State Constitutions
 Since 1776, 144 New State Constitutions, Thousands
of Amendments



Only 18 states have original constitution
Ballots usually contain proposals for constitutional amendments
Current policy debates in the states: same-sex marriage,
gambling, marijuana decriminalization / legalization
Federalism In Practice
 Regulation of Commerce
 States retain power to regulate commerce within its borders.
 However, courts have asserted Congress’s power to regulate local
activities if they “have a substantial effect on interstate
commerce.”

Ex) Medical marijuana use laws. Gonzalez v. Raich
 Grant-in-aid Programs
 In return for money from national gov’t, states must comply with
congressional policies
Ex) Federal highway funds require compliance
with “national” speed limit.
 Ex) Race to the Top education funds

“Laboratories of Democracy”
 Initiative, Referendum, Recall
 Methods allow citizens to participate in direct democracy in
their states.
 Environmental Protection
 Several states set emission standards set by Kyoto Accords,
despite national governments choice not to.
 Health Care
 Several state-wide reforms have been
tried in the states and served as a model
for national legislation.