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• Popular Sovereignty• Liberty• Equality
Not educated
BUREAUCRATIC VIEW
Consent of the governed
Power to tax?Chief Executive?National Judiciary?Regulation of Interstate Trade?National Currency?
Accomplishments?
Large States
Based on population
3 Branches
2 House legislature
Small States
One House
Equal representation
Each State one vote
Enforce and Carry out
North wanted for tax purposes
RatificationFederalist v Anti-federalist
Prevent tyranny
Montesquieu
National Government
State government
5. Federalism
1. INFORMALLY
Easier, takes less time(Defining what the Constitution means)
Judiciary Act of 1789
Plessy v. FergusonBrown v. Board
Executive Agreements—WWII agreementsExecutive Orders—Internment of Japanese
1. 2/3 vote from both houses of Congress.
2. Const. Convention called by 2/3 of the States.
1. Ratifying Conventions in ¾ of the states.
2. ¾ of all state legislatures approve.
ProposalRatified
Downside to FederalismConfusing Unequal resources
Interest groups can block the will of the people
Jim Crow laws
Where does Colorado Stand?
Layer Cake
Marble Cake
NATIONAL GOVERNMENTOBLIGATIONS
Republican Form
Protection from invasion
(Reserved powers to the states)Amendment 10
Power to tax
Make laws
Establish Law enforcement
agencies
Power to borrow
Which government should have more authority in making laws?
McCulloch v. Maryland
Elastic Clause
Commerce Clause
Nationalist/CentralistArguments
COMMERCE CLAUSE
U.S. v. Lopez
Gibbons v. Ogden
Gun Free School Zones Act 1995
U.S. v Morrison Printz v. United States
Landmark case: Interstate trade exclusive to Fed.
Violence against Women Act
Brady Act Background checks
Devolution?
Specific programs
Combining categorical
State free to spend on any governmental purpose
• Hazardous materials• Safe drinking water• Americans with disabilities Act• Clean air act
Civil Rights
Unfunded Mandates Reform Act 1995
Written Statement:Legal AuthorityCost-benefit analysisConsider Alternatives