Thursday, August 29, 2013

Dual Federalism & the Separation of Powers

So, federalism establishes a model in which the national government has its power but the states have some level autonomy to do what they wish, right?

Perhaps it is not that easy and clean. The Constitution does not clearly lay out the parameters for this system of dual federalism. It enumerates some powers for the national government and reserves some for the states.
 - Enumerated powers (aka - delegated powers): those powers specifically given to the national government in the Constitution
 - Reserved powers: those powers reserved for the states (see Amendment X)
 - Inherent powers: those powers not spoken of but which are, by their nature, powers of a national government

This will leave us with what?

Instead of being totally confused by the federal system (marble cake style) let's try and figure out who does what?

Article I Section 8 of the Constitution pretty clearly lays out what the Congress can do in Clauses 1-18
"The Congress shall have the power to...."
AI S8 C1 - levy taxes
A1 S8 C2 - borrow money
A1 S8 C3 - regulate commerce (Ahh, the commerce clause. This will be important later on.)
........
A1 S8 C11 - declare war
A1 S8 C12 - raise an army
A1 S8 C13 - raise a navy
........
A1 S8 C18 - "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States or in any department or officer thereof."
         (This is the coup de grace. This is what is known as the 'necessary and proper' clause)
 The 'necessary & proper' clause gives Congress what we call implied powers. The are not enumerated anywhere, but can be implied by a reading of the Constitution. 

Contrast that with the 10th Amendment.
Brook Lopez just had the inherent contradiction
in the Constitution explained to him during a timeout.

















Will someone please give us a sign! Tell us, what are we to do if ever the national government's laws and a state government's laws contradict!

A6 C2 - The Supremacy Clause
"The Constitution, and laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding."

But wait....there's more.
Since Article 1 Section 8 tells you everything Congress can do, they included Article 1 Section 9 to spell out what Congress cannot do.

Does your brain hurt yet? More to come.....

Tuesday, August 27, 2013

Federalism: A Love Story

The United States operates under a governmental model known as federalism. It is not the only type of government model however.

3 main systems of governmental distribution of power
- unitary systems
- confederal systems
- federal systems


The United States, under the Constitution, operates under a model we call dual federalism.

This would, in Madison's mind, be the best way to ensure the protection of liberty and preservation of the nation in his new republic. One of the reasons it would do so is because it would allow the states a certain amount of autonomy. Therefore, various political subcultures would develop in the individual states that was more reflective of the people of that state than of the nation as a whole.
Note what Madison said about this in Federalist No.51. Its in the back of your book. There is also an excerpt on p.90 of the text.

In essence, this autonomy allows the states to serve as 'laboratories of democracy'. Google that term and see what comes up.


Friday, August 23, 2013

Ratification of the Constitution

Once the Constitution is presented to the people, they break into two camps; Federalists & Antifederalists

Federalists
   - want strong national government
   - supported by merchants, artisans, large farmers
   - believed large republic could best protect individual liberty

Antifederalists
   - feared a strong national government
   - supported by small farmers
   - believed only a small republic could protect individual liberty

How do you convince enough people to support the Constitution in order for it to be ratified?
The Federalist Papers
A series of essays penned and published widely in order to explain the virtue of the Constitution

Publius
Alexander Hamilton

James Madison

John Jay



Federalist Paper No.10


Federalist Paper No.51

Effective push for ratification, but they are still short Virginia & New York. Strong Antifederalist feelings demand guarantees that their liberties will not be usurped by an oppressive national government.
Madison's promise: A Bill of Rights
Note the 1st two listed and not ratified












Madison also built in a way to change/modify the constitution should the need arise. The process of amending the Constitution is diagrammed in figure 2-3 on p58 of your book. Or you can reference the chart below.


















So, now you understand the Constitution and its ratification... or do you??

Charles Beard's thesis: An Economic Interpretation of the Constitution of the United States of America

Basic conclusions offered are as follows:

I) The US constitution was enacted to protect the interests of: a) the moneyed classes (the rich), b) the bond and stock holding classes (the rich speculators), c) the manufacturing interests (rich capitalists), and trade and shipping interests (the rich capitalist speculators).

II) The constitution was the result of an elite group of men representing the aforementioned interests.

III) The constitutional convention held in Philadelphia was organized undemocratically by the aforementioned elite group of men to secure the aforementioned interests.

IV) Those not holding the aforementioned interests (the poor) were excluded from participation in the constitutional process.

V) Those participating in the Philadelphia convention personally benefited from the outcome of that convention (the constitution).

VI) The US constitution is a document protecting private property rights over that of a democratic people and/or its government.

VII) These assertions are on record as evidenced by the property and monetary interests of those who proposed and passed the US constitution.

VIII) In the ratification of the US constitution, 3/4 of the qualified voters were excluded by some means or another, aiding the 1/4 who benefited from the passage of the constitution.

IX) The ratification of the US constitution was further narrowed down to where only 1/6 of the qualified voters participated in its passing.

X) Therefore, the majority of qualified voters did not participate in the ratification of the US constitution.

XI) This 1/6 who ratified the constitution were the same minority who held large holdings in money, bonds and stocks, manufacturing, and trade and shipping.

XII) The main societal divisions in the ratification of the US constitution were among classes cited in i) and the farming and debtor classes at that time.

XIII) The constitution was therefore not created by "the people," but by the those motivated by the monetary interests cited in

So.... America.... majoritarian theory, pluralist theory, elitist theory?

Wednesday, August 21, 2013

The Constitutional Convention

What was the goal of the Constitutional Convention? For that matter, what was the goal for the Constitution?

In attendance...
Alexander Hamilton

James Madison
Father of the Constitution

Ben Franklin

Oh....wait
Ben Franklin

The bottom line:
     Since a unitary system (British crown governance) is abhorrent to the Americans, yet the confederal system (US under the Articles) didn't work, what are they to do? Is there anyway to revise the Articles to make them function?
Short answer: No

Madisonian Model
        a federal republic with vast separation of powers contained within and a system of power-checks
              (see figure 2-2 on p 51)

              or this diagram


Compromises
      Great
      3/5
      Electoral College
      Regulation of trade/ excise taxes
      Justices of the Supreme Court

What they ended up with
    - popular sovereignty
    - republican government
    - limited government w/ written laws
    - separation of powers w/ checks
    - federal system that allows for certain sovereign state rights

Tuesday, August 20, 2013

Review of Early American History

What was the colonial period like?

How did colonial governments operate?

Time to review the period between the Seven Years War and the commencement of hostilities between the colonists and British authorities.

Declaring Independence..... this is where we see thoughts on government become evident

Natural Rights & the Social Contract
(Locke's 2nd Treatise on Government & Rousseau's Social Contract)

Ideas of Republicanism & Confederation

Declaration of Independence









Articles of Confederation

Monday, August 19, 2013

The Political Spectrum

Basics of the political spectrum in America
(according to every talking head out there)

                               Liberals                              v                                   Conservatives
                                                         
































But these stereotypes are much too simplistic. The general consensus that liberals are for big government and conservatives are for small government is incorrect because it is convenient.
The truth is....
Liberals are for a more involved government when it comes to economic regulation but a less involved government when it comes to social regulation.
Conversely...
Conservatives are for a less involved government when it comes to economic regulation but a more involved government when it comes to social regulation.

So.... American definitions are misguided. Let's look at the traditional political spectrum.


After taking an honest look at the basics, let's take a deeper look at the American system again.

Where do you fit in the political spectrum? It may be a bit different than what you think (i.e.- have been surrounded by for the majority of your life)
Take this quiz. Pew Research: Political Typology

Now compare the United States to the rest of the world.
(Note the comparison on the board in class)


Friday, August 16, 2013

Principles of American democracy

Basic principles of American democracy:
(not in any specific order)
- popular sovereignty
- representative democracy
- universal suffrage
- liberal democracy (majority rule w/ minority rights)
- limited government

So you're saying the people rule, right?


Who really rules in America?
( 3 major theories)
- majoritarianism
    government ought to do (and does) what the majority wishes

- elitism
    government is run by small group who exercise power to advance their own interests

- pluralism
    government dominated by mediation & bargaining between various interest groups in conflict




What makes you American?
Not in the "birth-right" sense but in the "I wear a t-shirt that says These colors don't run" sense.

Socialization of Americans (things we are raised to believe in)
- Individual freedom
- Equality
- Order & Security
- Individual property rights (note the 5th Amendments clause on eminent domain)
- Capitalism

Wednesday, August 14, 2013

Government, Politics, & Effectiveness

What is government?
That thing that can mess with your life.
Institution that has the power to institute policy of people living within a certain territory.
Power is used to implement your vision of what is right.

What is politics?
Process of resolving conflict and allocating resources of people living within a certain territory.
The game that is played in the struggle for power.

Is the government effective?
If not, it will soon find itself absolved of its power.
Ask these questions...
Does the government provide security for the people?
How much liberty do the people have?
Does the government have authority?
Do the people view the government as legitimate?

What is the difference between a nation and a state?
Nation - group of people sharing similar ethnic or cultural backgrounds
State - political unit with the power to execute policy over people living within a defined territory

Is the United States a nation or a state?

Theories of origin of the state
If you really want to get into it...




Otherwise...
4 basic theories of origin of the state
- Divine Right Theory
- Evolution Theory
- Social Contract Theory
- Force Theory

Various forms of government
- anarchy
- autocracy
     - monarchy
     - dictatorship
- oligarchy
     - dictatorship
     - aristocracy
     - technocracy
- democracy
     - direct democracy
     - republic




Monday, August 12, 2013

Welcome to AP US Government & Politics 522

Welcome to AP United States Government & Politics 522. This page is intended to be a resource for students enrolled in this class by providing general lecture notes that can be used in class. This page can also be referenced by a student who cannot be in class and needs to keep up. Posts on this page are not a substitute for attending and engaging in the class. I hope you find this to be a useful resource for you.

Let us begin by first looking at the course syllabus and course calendar. Should you ever misplace either of these documents, you can access them here via Google docs.

I am glad that you have decided to enroll in AP United States Government & Politics. I hope that you find the reward worth the challenge.

Good luck.