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Unit II The Constitution and Federalism

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Title: Unit II The Constitution and Federalism


1
Unit II The Constitution and Federalism
  • Chapters 2 3

2
Chpt. 2 The Constitution
  • Key Terms to Know
  • Amendment process
  • Antifederalists
  • Bicameral
  • Bill of Rights
  • Checks and Balances
  • Constitution
  • Factions
  • Federalism
  • Federalist papers
  • Federalists
  • Great Compromise
  • Judicial review
  • Marbury v. Madison
  • Natural rights
  • New Jersey Plan
  • Ratification
  • Republic
  • Separation of powers
  • Shays Rebellion
  • Virginia Plan
  • Unalienable
  • Unicameral

3
Essential Questions to Answer
  • Why was there a Constitutional Convention?
  • What were the challenges of the convention?
  • What are the key principles of the Constitution?
  • What were the motives of the framers?
  • What are some modern views on constitutional
    reform?

4
Remember
  • Politics how individuals or groups manipulate
    the systems and structures of government to
    achieve a desired outcome.
  • Pluralism - groups compete with one another for
    control over policy w/ no one group dominating
  • Hyper-Pluralism - pluralism gone crazy
  • Elite Theory - an upper class rules, regardless
    of how government is organized.
  • Different versions of the Elites
  • Marxists
  • The Power Elite (C Wright Mills)
  • Bureaucrats (Weber)

5
The Constitution
  • The Constitution is a document motivated by FEAR
    - fear of a strong central government that would
    obliterate the rights of individuals!!!

6
Locke and Rousseau What were their political
philosophies?
7
Articles of Confederation v. The Constitution
8
Strengths of the Articles of Confederation
  • Congress could establish and control the armed
    forces, declare war, and make peace.
  • Congress could enter into treaties and alliances.
  • Congress could regulate coinage (but not paper
    money).
  • Congress could borrow money from the people.

9
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10
Weaknesses of the Articles of the Confederation
11
Weaknesses of the Articles of the Confederation,
(cont.)
12
Weaknesses of the Articles of the Confederation,
(cont.)
13
The Weaknesses?
  • Congress could not tax or regulate interstate
    commerce
  • No powerful executive
  • No federal judicial system
  • Unanimous to amend articles

14
Path to The Constitutional Convention
  • Shays Rebellion
  • Virginia Plan
  • New Jersey Plan
  • The Great Compromise

15
Shays Rebellion
  • Massachusetts small farmers in debt
  • many farmers in prison
  • Daniel Shays leads rebellion in 1786
  • rebellion suppressed, but demonstrated that the
    Articles of Confederation government was unable
    to maintain order

16
Virginia v. New Jersey
  • Virginia
  • A national (bicameral)legislature would have
    supreme powers on all matters on which the
    separate states were not competent to act, as
    well as the power to veto any and all state laws
  • At least one house of the legislature would be
    elected directly by the people
  • New Jersey
  • States representation in Congress unchanged from
    the Articles of Confederation each state would
    have one vote.
  • Members of the lower house elected by the state
    legislatures rather than the people, with each
    state getting the same number of seats rather
    than seats proportional to its population.

17
The Great Compromise
  • A House of Representatives consisting initially
    of sixty-five members apportioned among the
    states roughly on the basis of population and
    elected by the people.
  • A Senate consisting of two senators from each
    state to be chosen by the state legislatures.

18
Primary Issues Debated at Convention
  1. Representation (lasted _at_ 6 weeks)
  2. Slavery
  3. Voting
  4. Economic Issues(Trade)
  5. Individual Rights
  6. Mr./Coach Laird - go over these!

19
Left Unsaid
  • Future of slavery?
  • Full scope of national powers?
  • No specific plan or role of the Supreme Court
  • No specific plan for the role of presidential
    advisors

20
Madison the Architect
  • Readings Federalist Papers 10 (pages A21 A25)
    and 51 (pages A26 A29)
  • Be sure you can answer these questions
  • Motivations of these Founding Fathers?
  • Factions?
  • Who were the Antifederalists?

21
Ratification of the Constitution
  • Federalists
  • -Those who favored a strong central government
    and the new constitution.
  • Anti-Federalists
  • -Those who opposed the adoption of the
    Constitution because of the documents centralist
    tendencies and because it also did not include a
    bill of rights.
  • Go to http//wepin.com/articles/afp/index.htm

22
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23
Madison the Architect
  • Separation of Powers
  • Checks and Balances
  • Limits on the Majority
  • Federalism
  • Supremacy Clause

24
The Constitution pages A4 A20
  • Preamble
  • What principles are established in the Preamble?
  • Articles
  • Articles I, II, III, IV, V, VI
  • Amendments
  • Bill of Rights why?
  • 11-27
  • What are some of the Modern Views on
    Constitutional Reform? (pages 44 48)

25
Motives of the Framers?
  • Economic Interests
  • (Review notes on board)

26
The Constitutions Major Principles of Government
  • Limited Government and Popular Sovereignty
  • Federalism
  • The central government shares sovereign powers
    with several state governments.
  • Checks and Balances
  • Madisonian Model- Separation of Powers

27
Cont.
  • Founders did not intend to create a direct
    democracy
  • Two kinds of majorities
  • 1. Voters House of Reps
  • 2. States Senate
  • Popular rule only one segment of the government
    State Legislators to elect Senators and Electors
    to choose president

28
Legislative Powers
  • Article 1, section 8
  • Elastic Clause (National Bank to the Brady Bill)

29
Executive Powers
  • Qualifications of Office
  • Head of state
  • Head of political party
  • Commander in chief
  • Pardons, communications, reprieves
  • Make treaties
  • Make appointments
  • Sign or veto
  • State of the Union
  • Special sessions of Congress
  • Inherent powers

30
Judicial Powers
  • Marbury v. Madison

31
Figure 2.1 Separation of Powers
Separation of powers, as envisioned by the
Founders, means not only that government
functions are to be performed by different
branches but also that officials of these
branches are to be chosen by different people,
for different terms, and to represent different
constituencies.
32
The Constitutions MajorPrinciples of Government
(cont.)
  • The Bill of Rights
  • Compromise with the anti-federalists to secure
    the ratification of the Constitution.
  • Protection of individual liberties against
    violations by the national government.

33
Why there was an absence of a Bill of Rights
  • Several guarantees in Constitution already
    (habeas corpus, no bill of attainder, no ex post
    facto law, trial by jury, no religious tests,
    etc.)
  • 2. Most states had bills of rights
  • 3. Intent to writing the Constitution was to
    limit federal govt. to specific powers

34
Need for a Bill of Rights
  • Ratification impossible without one
  • Promise by key leaders to obtain one
  • Bitter ratification, narrowly successful

35
How the government works
36
Changing the Constitution
  • The formal process Article V
  • The informal process judicial interpretation,
    Marbury v. Madison, 1803.
  • What happened in this case and what was the
    resulting judicial power?

37
Amending the Constitution
  • Methods of Proposing an Amendment
  • Most common is a 2/3 vote in each chamber of
    Congress.
  • Methods of Ratifying an Amendment
  • Three-fourths of the state legislatures vote in
    favor.
  • Go to http//www.law.cornell.edu/constitution/co
    nstitution.overview.html

38
Amendments
39
Not counting the first ten and prohibition, the
document has been amended 15 times. There are 5
categories
  • Additional power to the federal government (16th)
  • Limiting powers of the states (14th)
  • Expanding right to vote (15th, 19th, 26th)
  • Changing the power of the voter to elect public
    officials (17th, 22nd)
  • Changing the structure of government (?)

40
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41
The Constitution and Today
  • Modern principles
  • Popular sovereignty
  • Federalism
  • Separation of powers
  • Checks and balances
  • Judicial review
  • Limited government
  • Longevity due to
  • Separation of powers
  • Checks and balances
  • Elastic clause
  • Powers reserved to states
  • Guaranteed rights
  • Traditions of unwritten constitution (next slide)
  • Judicial review
  • Amendment process
  • Inherent powers of the president

42
Constitutional Reform - Modern Views
  • Reducing SOP to enhance national leadership
  • Gridlock
  • Interference from legislators and special
    interest
  • Stronger president
  • More proactive and decisive government
  • Making the System less democratic
  • Govt. does too much, not too little
  • Attention on individual wants over general
    preferences
  • Cut back on govt. activism

43
Traditions of Unwritten Constitution
  • Certain factors in American political life have
    made the Constitution more flexible than the
    Founders envisioned
  • Political parties
  • Presidents Cabinet
  • PACs
  • Federal Bureaucracies
  • Elastic Clause
  • Presidential Interpretation (executive Privilege)
  • Judicial Review

44
The Politics of Homeland Security
  • Tampering with the System of Checks and Balances

45
Yeah!! ON YOUR OWN ASSIGNMENT
  • School House Rocks!!
  • Briefly describe Amendments 11 27.
  • After viewing the fun and exciting segments of
    School House Rocks, create a song or ditty
    depicting one of the Amendments not part of the
    Bill of Rights.

46
Review Key Terms Based on YOUR reading of the
chapter are there any terms that are not clear to
you? Speak now, or forever hold your peace!
  • Amendment process
  • Antifederalists
  • Bicameral
  • Bill of Rights
  • Checks and Balances
  • Constitution
  • Factions
  • Federalism
  • Federalist papers
  • Federalists
  • Great Compromise
  • Judicial review
  • Marbury v. Madison
  • Natural rights
  • New Jersey Plan
  • Ratification
  • Republic
  • Separation of powers
  • Shays Rebellion
  • Virginia Plan
  • Unalienable
  • Unicameral

47
Essential Questions we should have answered by
now
  • Why was there a Constitutional Convention?
  • What were the challenges of the convention?
  • What are the key principles of the Constitution?
  • What were the motives of the framers?
  • What are some modern views on constitutional
    reform?
  • Lets tackle these
  • What view of human nature is embodied in the
    Constitution?
  • Is representative democracy possible without
    political compromise?
  • Has the system of separate institutions sharing
    powers protected liberty and promoted equality as
    the Framers envisioned it would?

48
Chpt. 3 FederalismDisclaimer this chapter may
be troubling for some of you. We will work
together on the material and implement examples
in modern times to help you grasp the material.
DO NOT PANIC!
  • Key Terms to Know
  • Block Grants
  • Categorical Grants
  • Conditions of Aid
  • Cooperative federalism
  • Devolution
  • Dual federalism
  • Entitlement Spending
  • Federalism
  • Federal system
  • Gibbons v. Ogden
  • Grants in Aid
  • Initiative
  • Mandates
  • McCulloch v. Maryland
  • Nullification
  • Referendum
  • Revenue sharing
  • Unfunded mandates
  • Unitary system

49
Essential Questions to Answer
  • What is the governmental structure (Federalism)?
    Do you think it is good or bad?
  • What is the debate on the meaning of Federalism?
  • What are examples of Federal-State relations?
  • What is Federal Aid and Federal Control?
  • What is a Devolution Revolution?

50
Court Cases to Cover
  • McCulloch v. Maryland (Alburl, Chang) (Rogers,
    Piel)
  • Gibbons v. Ogden (Bailey, Frot.) (Roos, Pledger)
  • US v. Darby Lumber (Bartlett, Jeter) (Seagraves,
    Puga)
  • Heart of Atlanta Motel v. US (Brummel, Karr)
    (Smathers, Reed)
  • US v. Lopez (Burch, Krae) (Sturm, Rose)
  • Garcia v. San Antonio Metro (Cole, A, Le)
    (Tumpson)
  • Fletcher v. Peck (Cole, S, McGee) (Wilson,
    Topuzova)
  • Wisconsin v. Yoder (Daugette, Mode) (Wishon)
  • Gitlow v. NY (Joshi, Nixon) (Tran)
  • US v. Morrison (Perry, Noonan) (White)
  • Brown v. Board(Poole, Peterson) (LAIRD)
  • Raich v. Gonzales (Pugh, Pettit) (Moore,
    Williams) 2004(2005)

51
Sharing Power
  • Federalism is a political system in which power
    is shared between local units of
    government-states-and a national government.
    Only a handful of the worlds governments are
    federal. (U.S., Canada, Australia, India,
    Germany, and Switzerland are examples.) Most are
    unitary systems, in which the national government
    has final authority over all government
    activities.

52
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53
Devolution (Contract w/ America) Returning more
power to the state governments. A
counter-reaction to the imposition of the federal
government during the civil rights movements of
the 1960s.
54
The Checkerboard of Governments
  • The Census Bureau has counted
  • 87,900 governments
  • 3,034 counties
  • 19,431 municipalities
  • 16,506 townships
  • 13,522 school districts
  • 35,356 special districts
  • 50 state governments and 1 national government

55
Types of Governments in the U.S.
56
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57
Prior to 1930
  • States were equal to the feds in their sphere of
    influence.
  • Example Interstate v. Intrastate Commerce
  • 10th Amendment
  • Nullification
  • The Constitution is a contract mutually entered
    into by the states and the feds. If the feds
    void this agreement, the state has the right to
    nullify a law, or eventually, the whole contract.
  • John C. Calhoun of SC Nullification Crisis over
    tariffs.
  • Civil War settled issues of states rights
  • 13th, 14th, 15th.
  • 14th Amendment Starts off no state.
  • Two clauses Due Process and Equal Protection

58
Marble Cake Federalism
  • Areas of federal government started to spread
    into the states rights
  • New Deal
  • AAA, NRA, FDIC
  • Fed govt took action into solving problems
  • Supreme Court initially struck down these laws as
    a violation of states rights.
  • Court Packing Plan, Eventually, FDR got to
    appoint new justices
  • WWII
  • Rationing
  • Feds met needs of returning soldiers GI Bill and
    Housing help

59
Creative Federalism
  • Great Society of LBJ
  • War on Poverty
  • Medicare
  • Medicaid
  • Civil Rights Legislation
  • Shared costs between states and feds of running
    programs
  • Shared administration of programs
  • In order for states to get full financial
    benefits, had to follow federal rules

60
Competitive Federalism
  • Richard Nixon/Ronald Reagan wanted to
    de-centralize the programs of LBJ
  • Give states pieces of the marble cake but with
    strict conditions and promise to develop their
    own programs.
  • Ex. Crossover Requirements
  • For a state to receive money, it must agree to
    federal rules
  • 1974 If states wanted to receive money to
    maintain federal highways, had to lower speed
    limit to 55.
  • Clean Air Act of 1970
  • Meet air standards to receive federal road money.
  • In 1980s, the scope of federal programs was
    reduced, but feds responded with on strings
    attached when needs arose (FEMA)
  • Hurricane Andrew (1992)
  • LA Earthquake (1994)
  • Floods of 1993

61
Fiscal Federalism
  • (Grants-in-aid)
  • Federal funds given to states
  • Most federalism it tied to money Whomever has
    the money, has the power.
  • Purpose of these grants is to enable the states
    to run many programs at the local level and
    enable the feds to stay focused on major goals.
  • Three major program areas Categorical grants,
    block grants, revenue sharing
  • Two Types of Federal Control on States Spending
    of money
  • Conditions of Aid
  • Mandates

62
Cooperative Dual Federalism
  • Cooperative Done in cooperation with others
  • Federalism A system of government in which power
    is divided between a central authority and
    constituent political units.
  • Dual Federalism though the national government
    is supreme in its sphere, the states are equally
    supreme in theirs, and these two spheres of
    action should and could be kept separate.
    Example Interstate Commerce v. Intrastate
    Commerce
  • McCulloch v. Maryland

63
How do Cookies Add Up?
64
The Constitutional Division of Powers
  • The Powers of the National Government
  • Powers Delegated
  • Expressed powers- powers that are clearly
    provided for in the Constitution or congressional
    laws.
  • Implied powers- necessary and proper clause
  • Inherent powers- emergency powers
  • Powers Prohibited
  • Examples imposing taxes on exports, establishing
    a national public school system, and restricting
    freedoms.

65
The Powers of the States- TENTH AMENDMENT
  • Police Powers
  • Examples Regulate commerce within their borders,
    maintain a state militia, and establish public
    schools.
  • Powers Prohibited
  • Examples Power to tax products that are
    transported across state lines, entering into
    treaties with other countries.
  • Concurrent Powers
  • Exercised by both state governments and the
    federal government. Example power to tax.

66
Powers granted by the Constitution
67
Powers denied by the Constitution
68
Federalism
  • In the U.S., federalism has endured mainly
    because of the American commitment to local
    self-government and because Congress consists of
    people who are elected by and responsible to
    local constituencies. Even though the national
    government has taken on vast powers, it often
    exercises those powers through state governments.
    The national government often finds itself
    seeking state compliance through regulations,
    grants, and other forms of pressure.

69
Federalism
  • Among Americans, federalism has its advocates and
    its opponents. Advocates argue that the federal
    system has created a unique and beneficial
    separation of power between national and state
    governments. It allows for political flexibility
    and assures individual rights. (ending of
    segregation)
  • Opponents often see federalism as a tool for
    state governments to block important national
    actions. (allowed slavery, segregation, racism)

70
Federalism
  • One chief advantage of federalism facilitates
    political participation and activity!
  • Federalism Back Then
  • McCulloch v. Maryland 1819 (necessary and
    proper clause)
  • Gibbons v. Ogden 1824

71
The Struggle for Supremacy
  • McCulloch v. Maryland (1819)
  • The US Supreme Court established the doctrine of
    implied powers and the supremacy clause.
  • Gibbons v. Ogden (1824)
  • The Court defined commerce as including all
    business dealings. The power to regulate
    interstate commerce was an exclusive national
    power with no limitations.
  • The Civil War
  • Secession- the formal withdrawal of southern
    states.

72
Federalism
  • Recent and Other Cases
  • United States v. Lopez 1995
  • Raich v. Gonzales 2004(2005)
  • Brown v. Board of Education 1954
  • Heart of Atlanta Hotel v. U.S. 1964
  • Barron v. Baltimore 1833
  • Gitlow v. New York 1925
  • Wisconsin v. Yoder 1992

73
The Evolution of Federalism
  • Dual Federalism
  • Both the national and state governments have
    separate and distinct functions and powers.
  • Cooperative Federalism
  • Both levels of governments ought to cooperate in
    solving problems facing the entire United States.
  • Picket-Fence Federalism
  • Specific policies and programs are administered
    by all levels of government-national, state, and
    local.

74
The New Federalism
  • Plan to limit the national governments role in
    regulating state governments.
  • Devolution The transfer of power from the
    national government to the state and local
    governments.
  • Example President Richard Nixons revenue
    sharing program (we will get to revenue sharing
    soon).

75
Regulated Federalism
  • Federal Mandates
  • Requirements in federal legislation that compel
    states and local governments to comply with
    specific rules and regulations.
  • Examples Clean Air Act and Clean Water Act of
    1990.
  • Unfunded federal mandates.
  • Preemption
  • Federal authorities take over state or local
    level authority.
  • Go to http//www.brook.edu

76
Competitive Federalism
  • What is competitive federalism?
  • State and local governments compete for business
    and citizens.
  • Advantage- Americans have many variables to
    consider when they choose which state to live in.
  • Disadvantage-a state that offers more social
    services or lower taxes may suddenly experience
    an increase in population.

77
From Dual Federalism toCooperative Federalism
  • Industrialization and Urbanization
  • The Great Depression
  • The New Deal

78
Number of Federal Laws
79
The Politics of Homeland Security
  • How Much Federal Control over the First
    Responders?

80
Federalism and State Monies
  • Categorical Grants are grants for specific
    purposes defined by federal law.
  • Block Grants started in the 1960s, are grants
    with few strings attached in order to support
    broad programs in areas such as community
    development and social needs. 3 types
    operational (state child-care programs), capital
    (wastewater treatment plants), entitlement
    spending(income to families ex Social Security)
  • Revenue Sharing is federal aid with no
    requirement as to matching funds and freedom to
    spend the money on almost any governmental
    purpose. It occurs when there is a budget
    surplus.

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83
Examples of State Monies
  • Categorical (may require matching funds and very
    strict on how spent) Head Start U.S. educational
    program for disadvantaged preschool children
    building an airport, building a dorm
  • Block (may require matching funds and more
    lenient on how spent) Entitlement Communities,
    Disaster Recovery, law enforcement, unemployment
  • Revenue Sharing No requirement for matching
    funds and freedom to spend the money on almost
    any governmental purpose

84
Which is Which?
85
National Mandates and the Rise of Coercive
Federalism
  • KennedyCategorical Grants
  • LBJCreative Federalism
  • NixonRevenue Sharing

86
New Federalism
  • Nixon
  • block grants
  • revenue sharing
  • Reagan
  • ended revenue sharing
  • decrease federal regulations

87
New New Federalism
  • Clinton
  • states as policy laboratories
  • Gingrich
  • devolution
  • George W. Bush
  • decrease federal regulations
  • increased state control of welfare
  • decreased state control of education

88
What does the Federal Government Give the States
Money to Do?
  • Ninety-two percent of the 376.4 billion of
    federal government is sending back to the states
    in 2003 is for programs in these areas.
  • Source Budget of the United States, Fiscal Year
    2003, Analytical Perspectives (Washington DC US
    Government Printing Office, 2002

89
Mandates
  • Mandates are federal controls on state government
    activities outside the context of grants.
    Sometimes the federal government tells a state
    government what its activities and policies must
    be in order to receive grant money. These
    stipulations are called conditions of aid.
    Conditions of aid can be attached to
    grants-in-aid. Grants-in-aid are categorical and
    block grants. Unfunded Mandates are laws passed
    by Congress that create expenses for the states
    but provide no funds to meet the expenses.

90
Mandates
  • !!most mandates concern civil rights and
    environmental protection!!
  • !!conditions of aid and mandates are the primary
    ways that the federal government pressures state
    governments!!
  • !!states must comply with federal mandates and on
    the surface most mandates appear to be quite
    reasonable. Yet, some mandates are written in
    vague language that creates administrative and
    financial problems!!

91
Mandate Examples
92
Mandate Examples
93
Mandate Examples
94
Mandate Examples
95
Mandate Examples
96
Devolution Revolution Case Study
  • With the election of Republican majorities in the
    House and Senate since 1994, a renewed effort was
    led by Congress to shift important functions back
    to the states.
  • Welfare Aid to Families with Dependent Children
    (AFDC), is a program for unmarried women to
    receive aid for their dependent children. The
    AFDC was initiated earlier in the 20th century,
    but in the 1980s and 1990s abuses in the system
    began to strain the federal coffers set aside for
    the program. Simply put the number of women
    using it and the proportion of births out of
    wedlock rose dramatically. President Clinton
    vetoed the first two bills to cut it back, but
    signed the third. It ended any federal guarantee
    of support and, subject to certain rules, turned
    the management over to the states, aided by
    federal block grants. The rules said that every
    aided woman should begin working within two years
    and no woman could receive benefits for more than
    five years.
  • Block grants for Entitlements the transferring
    of income to families and individuals

97
Whew! We Got Through Federalism. Any Questions?
  • Review Key Terms Based on YOUR reading of the
    chapter are there any terms that are not clear to
    you? Speak now, or forever hold your peace!
  • Block Grants
  • Categorical Grants
  • Conditions of Aid
  • Cooperative federalism
  • Devolution
  • Dual federalism
  • Federalism
  • Federal system
  • Gibbons v. Ogden
  • Grants in Aid
  • Initiative
  • Mandates
  • McCulloch v. Maryland
  • Nullification
  • Referendum
  • Revenue sharing
  • Unfounded mandates
  • Unitary system

98
Essential Questions we should have answered by
now
  • What is the governmental structure (Federalism)?
    Do you think it is good or bad?
  • What is the debate on the meaning of Federalism?
  • What are examples of Federal-State relations?
  • What is Federal Aid and Federal Control?
  • What is a Devolution Revolution?
  • Lets Tackle These
  • Where is sovereignty located in the American
    political system?
  • How is power divided between the national
    government and the states under the Constitution?
  • How has Americas federal system changed since
    the first days of the Republic?
  • Chart the Advantages and Disadvantages of
    Federalism. Use Modern examples.

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100
Key Concepts to Remember
  1. The Constitution was written as a result of a
    combination of historical, social, and political
    circumstances and events. Among these are
    Americas heritage as a British colony, as well
    as the lengthy evolution of representative
    government in Great Britain. The Constitution
    also mirrors the problems the young nation faced
    after the Revolution, the conflicts waged and the
    compromises offered at the Constitutional
    Convention of 1787, and the struggle over
    ratification.

101
Key Concepts to Remember
  • 2. The Constitution embodies five basic
    principles popular sovereignty and
    representative government, tempered by indirect
    election limited government separation of
    powers and checks and balances federalism and
    judicial review.
  • 3. The unusually long life and durability of the
    Constitution owes much to its concise yet
    flexible text, which has allowed Congress, the
    president, and the courts to interpret the
    Constitution in ways appropriate for changing
    conditions. Because the Constitution has proven
    so adaptable, it has not been necessary to change
    it frequently through formal amendment. It is
    however, an imperfect document.

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Key Concepts to Remember
  • 4. The drafters of the Constitution sought to
    create a government capable of governing,
    promoting economic development, and maintaining
    liberty (individual rights). The Federalist
    Papers reflects this philosophy and were written
    to convince opponents of ratification. Since
    ratification, a movement towards greater
    political and social equality has resulted in a
    series of amendments that has advanced the cause
    of equality while leaving the fundamental
    structure unaltered.

103
Key Concepts to Remember
  • 5. The Constitution is not neutral in its
    impact. By dividing government power among three
    branches and between the states and the national
    government, it has made quick, decisive, and
    comprehensive policy making difficult. But at
    the same time, divided governmental power has
    provided citizens with multiple points of access
    to decisions makers encouraged policy making
    through negotiation, bargaining, and compromise
    and proven resistant to authoritarian rule.

104
Key Concepts to Remember
  • 6. Federalism is a constitutional division of
    the powers of government between the national
    government and the state governments, with each
    exercising significant powers. It was the price
    of union- a necessary means for creating one
    nation out of thirteen highly independent states.

105
Key Concepts to Remember
  • 7. Until the 1930s, American federalism was
    characterized by the national and state
    governments operating in largely separate and
    distinct spheres of authority. But with the
    advent of the New Deal in the 1930s and
    subsequent extensions of the federal governments
    role, federal-state relations have been
    characterized by cooperative federalism, in which
    responsibilities are shared among the federal,
    state, and local governments.

106
Key Concepts to Remember
  • 8. An essential element of cooperative
    federalism is the grant-in-aid system, which
    transfers funds from the federal government to
    the states and localities for the purpose of
    carrying out federal policies. Federal grants
    have enabled state and local governments to
    expand their services but have also made them
    heavily dependent on the federal government for
    funds.

107
Key Concepts to Remember
  • 9. Because of the expanded role of the federal
    government since the 1930s, the federal system
    today is clearly more centralized than what the
    Framers envisioned. Which level of government
    should perform which functions and how those
    functions should be paid are continuing sources
    of conflict and politics.
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