Constitutional Underpinnings and Federalism. The Influence of the European Enlightenment Every...

Constitutional Underpinnings and Federalism

The Influence of the European Enlightenment Every social, economic, and political

problem could be solved through reason The Social Contract

John Locke State of Nature Natural Rights Consent of the Governed Social Contract

Theoretical Perspectives Democratic Theory

Authoritarian Regimes Democracy

Direct (can lead to majoritarianism) Representative a.k.a. indirect democracy

Elite Theory Pluralist Theory

Pluralism Hyperpluralism

The Constitution Popular Sovereignty Separation of Powers Checks and Balances Limited Government Federalism

Background to the Convention Articles of Confederation Shay’s Rebellion

Constitutional Convention Agreements and Compromises

Virginia Plan New Jersey Plan Great Compromise 3/5 Compromise Electoral College

Amending the Constitution Proposal by 2/3 of states or BOTH houses of

Congress Ratification by 3/4 of state legislatures or state

conventions

Informal Changes to the Constitution Legislature Executive Branch Judicial Branch

Federalists v. Anti-Federalists Federalist Papers

#10—factions #51—separation of powers #78—power of the judiciary

Bill of Rights

Governmental Systems Unitary (China, France, Britain) Confederation (Articles of Confederation) Federal system (U.S. and Canada)

Historic Development of Federalism Delegated Powers

War Regulate Commerce Tax and Spend Concurrent Powers Reserved Powers Prohibited Powers

The Necessary and Proper debate Loose interpretation—Alexander

Hamilton Strict interpretation—Thomas Jefferson McCulloch v. Maryland

The Commerce Clause Gibbons v. Ogden

Defined commerce as all business dealings Civil Rights Reining in the commerce power

U.S. v. Lopez

Two Types of Federalism Dual Federalism Cooperative Federalism

The Politics of Modern Federalism Grants in aid system

Categorical grants Block grants

Mandates

Advantages of Federalism Mobilization of political activity Interest groups cannot easily take over

the gov’t Diversity of policies among states

encourages experimentation and creativity

Diverse policies among states are good because uniform laws don’t make sense in many areas

Disadvantages of Federalism Confusion of political activity Small, but motivated interest groups can

block the will of the majority for extended periods of time

Diversity of policies among states creates inequality

**An individual’s attitude about federalism depends on how much she values equality v. freedom**

The Devolution Revolution Welfare Reform Act of 1996