Constitutional Underpinnings

1. Constitutional Underpinnings By: Lillian Chang, Priya Sharma, Kathy Wang, and Amanda Phan

2. 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

3. 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

4. The Constitutional Convention • The Framers met in Philadelphia 1787 • Stronger Central government was needed • Virginia Plan vs. New Jersey Plan

5. The Great Compromise • Bicameral Legislature: • House of Representatives • Senate • Representation of Slaves • Three Fifth Compromise

6. 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

7. 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

8. Government • Institution that creates and conducts public policy • Maintains legitimate authority and control over society

9. Policymaking System • Linkage institutions – serve to set political agenda • Media • Political parties • Interest groups • Polls

10. Elitist Theory • A small number of powerful elite form an upper class, which rules in its own self-interest.

11. 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

12. Hyperpluralist Theory • Too many influential groups in democracy • Government is often “pulled” in many directions at the same time • Causes gridlock and ineffectiveness

13. 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

14. Checks and Balances • Each branch is subject to restraints by the other two branches

15. Legislative Branch • Congress (Senate and House of Representatives) • passes laws • Bicameral Legislature • Has checks over Executive Branch • Has checks over Judicial Branch

16. Executive Branch • President, Cabinet, White House Staff • enforces laws • Has checks over Judicial Branch • Has checks over Legislative Branch

17. Judiciary Branch • Supreme Court, lower courts • interprets laws • Has checks over Legislative Branch • Has checks over Executive Branch

18. Constitutional Clauses • These clauses show the dominance of the national government over the states. • Supremacy Clause • Necessary and Proper Clause • Commerce Clause

19. Court-Cases • McCulloch vs. Maryland • Gibbons vs. Odgen • These court cases deal with the issues of Federalism

20. 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

21. 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

22. Interstate relations • Full Faith and Credit Clause • Extradition • Privileges and Immunities Clause

23. Types of Federalism • Dual federalism: layer-cake federalism • Cooperative federalism: marble-cake federalism • Centralized federalism

24. 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

25. Block Grants • General • Can be used for a variety of purposes within a broad category • Preferred by states over categorical grants

26. Mandates • Requirements imposed by the federal government on the state and local governments • American with Disabilities Act (1990) • Often no federal funding (unfunded mandates)

27. 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

28. 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

29. Thanks for watching our presentation! • Any questions???