Constitutional Underpinnings

By: Lillian Chang, Priya Sharma, Kathy Wang, and Amanda Phan

Constitutional Underpinnings

• The federal government was weak

• Shay’s Rebellion exposed the weaknesses of the government

• Nation’s leaders called for a stronger central government

The Articles of Confederation

Weaknesses of the Federal Government

Could not draft soldiersCould not tax citizens- tax revenue was

dependent on state policiesNot able to control interstate tradeNo national currencyNeeded approval from 9 out of 13 states to

pass lawsNeeded unanimity to amend Articles

The Constitutional ConventionThe Framers met in Philadelphia 1787Stronger Central government was neededVirginia Plan vs. New Jersey Plan

The Great CompromiseBicameral Legislature:

House of RepresentativesSenate

Representation of SlavesThree Fifth Compromise

The ConstitutionA blueprint and guide for the structure of

governmentIs vague purposely The elastic clause allows Congress to “make

all laws” that appear “necessary and proper” Executive orders and agreementsJudicial Review

Enlightenment PhilosophersThomas Hobbes

Best way to protect life was to give power to an absolute monarch

John LockeLife, liberty and property were natural

rightsDuty of the government to protect rights

Charles de Montesquieu Three branches of government

Jean Jacques Rousseau Social Contract

GovernmentInstitution that creates and conducts public

policyMaintains legitimate authority and control

over society

Policymaking SystemLinkage institutions – serve to set political

agendaMediaPolitical partiesInterest groupsPolls

Elitist TheoryA small number of powerful elite form an

upper class, which rules in its own self-interest.

Pluralist TheoryInterest groups compete with each other for

power and control over public policyNo group or set of groups dominatesBargaining and compromise are essential to

democracy

Hyperpluralist TheoryToo many influential groups in democracyGovernment is often “pulled” in many

directions at the same timeCauses gridlock and ineffectiveness

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

Separation of Powers

Each branch is subject to restraints by the other two branches

Checks and Balances

Congress (Senate and House of Representatives)

passes lawsBicameral Legislature Has checks over Executive BranchHas checks over Judicial Branch

Legislative Branch

President, Cabinet, White House Staffenforces lawsHas checks over Judicial BranchHas checks over Legislative Branch

Executive Branch

Supreme Court, lower courtsinterprets lawsHas checks over Legislative

BranchHas checks over Executive

Branch

Judiciary Branch

These clauses show the dominance of the national government over the states.

Supremacy ClauseNecessary and Proper ClauseCommerce Clause

Constitutional Clauses

McCulloch vs. MarylandGibbons vs. OdgenThese court cases deal with the issues of

Federalism

Court-Cases

Tenth Amendment: any powers not directly stated in the Constitution are reserved to the states.

From using the tenth amendment states can:Establish public schoolsProtect health and safety (police and fire)Regulating business Marriage laws

Powers granted to states

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

Federal and State Powers

Full Faith and Credit ClauseExtraditionPrivileges and Immunities

Clause

Interstate relations

Dual federalism: layer-cake federalism Cooperative federalism: marble-cake federalismCentralized federalism

Types of Federalism

Categorical GrantsMoney provided by the federal government to

the state and local governments Have a specific purpose defined by lawProject grantsFormula grants

Block GrantsGeneralCan be used for a variety of purposes within a

broad categoryPreferred by states over categorical grants

MandatesRequirements imposed by the federal

government on the state and local governments

American with Disabilities Act (1990)Often no federal funding (unfunded

mandates)

Increases possibilities of political participation or greater access to the political process

Innovation to handle policy questionsGives interest groups a strong political voice Encourages diversity on many policy

questions

Advantages of Federalism

Fragmentation of politics, because of the many levels of agencies which make the process too complicated.

Basic inequity in the federal systemStrong state and local groups can obstruct

and delay putting in national policy

Disadvantages of Federalism

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