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Constitutional Underpinnings. By: Lillian Chang, Priya Sharma, Kathy Wang, and Amanda Phan. The Articles of Confederation. The federal government was weak Shay’s Rebellion exposed the weaknesses of the government Nation’s leaders called for a stronger central government.

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constitutional underpinnings

Constitutional Underpinnings

By: Lillian Chang, Priya Sharma,

Kathy Wang, and Amanda Phan

the articles of confederation
The Articles of Confederation
  • The federal government was weak
  • Shay’s Rebellion exposed the weaknesses of the government
  • Nation’s leaders called for a stronger central government
weaknesses of the federal government
Weaknesses of the Federal Government
  • Could not draft soldiers
  • Could not tax citizens- tax revenue was dependent on state policies
  • Not able to control interstate trade
  • No national currency
  • Needed approval from 9 out of 13 states to pass laws
  • Needed unanimity to amend Articles
the constitutional convention
The Constitutional Convention
  • The Framers met in Philadelphia 1787
  • Stronger Central government was needed
  • Virginia Plan vs. New Jersey Plan
the great compromise
The Great Compromise
  • Bicameral Legislature:
    • House of Representatives
    • Senate
  • Representation of Slaves
    • Three Fifth Compromise
the constitution
The Constitution
  • A blueprint and guide for the structure of government
  • Is vague purposely
  • The elastic clause allows Congress to “make all laws” that appear “necessary and proper”
  • Executive orders and agreements
  • Judicial Review
enlightenment philosophers
Enlightenment Philosophers
  • Thomas Hobbes
    • Best way to protect life was to give power to an absolute monarch
  • John Locke
    • Life, liberty and property were natural rights
    • Duty of the government to protect rights
  • Charles de Montesquieu
    • Three branches of government
  • Jean Jacques Rousseau
    • Social Contract
government
Government
  • Institution that creates and conducts public policy
  • Maintains legitimate authority and control over society
policymaking system
Policymaking System
  • Linkage institutions – serve to set political agenda
    • Media
    • Political parties
    • Interest groups
    • Polls
elitist theory
Elitist Theory
  • A small number of powerful elite form an upper class, which rules in its own self-interest.
pluralist theory
Pluralist Theory
  • Interest groups compete with each other for power and control over public policy
  • No group or set of groups dominates
  • Bargaining and compromise are essential to democracy
hyperpluralist theory
Hyperpluralist Theory
  • Too many influential groups in democracy
  • Government is often “pulled” in many directions at the same time
  • Causes gridlock and ineffectiveness
separation of powers
Separation of Powers
  • power is separated between branches of government
  • each branch has its own powers and duties and is independent of and equal to the other branches
checks and balances
Checks and Balances
  • Each branch is subject to restraints by the other two branches
legislative branch
Legislative Branch
  • Congress (Senate and House of Representatives)
  • passes laws
  • Bicameral Legislature
  • Has checks over Executive Branch
  • Has checks over Judicial Branch
executive branch
Executive Branch
  • President, Cabinet, White House Staff
  • enforces laws
  • Has checks over Judicial Branch
  • Has checks over Legislative Branch
judiciary branch
Judiciary Branch
  • Supreme Court, lower courts
  • interprets laws
  • Has checks over Legislative Branch
  • Has checks over Executive Branch
constitutional clauses
Constitutional Clauses
  • These clauses show the dominance of the national government over the states.
  • Supremacy Clause
  • Necessary and Proper Clause
  • Commerce Clause
court cases
Court-Cases
  • McCulloch vs. Maryland
  • Gibbons vs. Odgen
  • These court cases deal with the issues of Federalism
powers granted to states
Powers granted to states
  • Tenth Amendment: any powers not directly stated in the Constitution are reserved to the states.

From using the tenth amendment states can:

  • Establish public schools
  • Protect health and safety (police and fire)
  • Regulating business
  • Marriage laws
federal and state powers
Federal and State Powers
  • Concurrent power: ‘shared powers’ are levying and collecting taxes, creating courts, borrowing money, and having private property for public use.
  • Interstate compact: states can form relationships with each other, like how the federal government has treaties with other countries
interstate relations
Interstate relations
  • Full Faith and Credit Clause
  • Extradition
  • Privileges and Immunities Clause
types of federalism
Types of Federalism
  • Dual federalism: layer-cake federalism
  • Cooperative federalism: marble-cake federalism
  • Centralized federalism
categorical grants
Categorical Grants
  • Money provided by the federal government to the state and local governments
  • Have a specific purpose defined by law
  • Project grants
  • Formula grants
block grants
Block Grants
  • General
  • Can be used for a variety of purposes within a broad category
  • Preferred by states over categorical grants
mandates
Mandates
  • Requirements imposed by the federal government on the state and local governments
  • American with Disabilities Act (1990)
  • Often no federal funding (unfunded mandates)
advantages of federalism
Advantages of Federalism
  • Increases possibilities of political participation or greater access to the political process
  • Innovation to handle policy questions
  • Gives interest groups a strong political voice
  • Encourages diversity on many policy questions
disadvantages of federalism
Disadvantages of Federalism
  • Fragmentation of politics, because of the many levels of agencies which make the process too complicated.
  • Basic inequity in the federal system
  • Strong state and local groups can obstruct and delay putting in national policy
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