Essential Question How Have The Values And Principles Embodied In The Constitution Shaped American Institutions And Practices?

Unit 4American

Institutions & Practices

Essential Question

How Have The Values And Principles Embodied In The Constitution Shaped American Institutions And Practices?

Unit Overview Lesson 21:   What is the Role of Congress in American Constitutional

Democracy?

Lesson 22:   How Does Congress Perform Its Functions in the American Constitutional System?

Lesson 23:   What Is the Role of the President in the American Constitutional System?

Lesson 24: How Are National Laws Administered in the American Constitutional System?  

Lesson 25:  What Is the Role of the Supreme Court in the American Constitutional System?

Lesson 26: How Dies American Federalism Work?   

Unit 4 Purpose

The Constitution is a general framework that describes the organization of the national gov’t in terms of its powers and limits. The Framers knew many details would need to be added.

The system of federalism was devised to reconcile tension between national and state gov’ts.

In this unit you will learn How the three branches of gov’t embody constitutional

principles and how they operate. How federalism remains a dynamic characteristic of

American gov’t.

Lesson 21:What Is the

Role of Congress in American

Constitutional Democracy?

Purpose

Congress is often called America’s first branch because of its lawmaking powers and control over the nation’s purse.

Congress is also considered the “People’s Branch” since it is directly accountable to the electorate.

This lesson examines Congress’s constitutional powers and how it represents both the people and the states.

Objectives

Explain basic differences between Congress and the British Parliament and how Congress reflects America’s commitment to representative government and federalism.

Identify several constitutional sources of power and some of the challenges members face in representing and serving constituents.

Evaluate, take and defend positions on contemporary issues about congressional representation and organization.

Terms to Know

delegate theory 

The idea that a legislative representative should exactly mirror his or her constituents' views in deciding on public policy. 

enforcement powers 

The power of Congress to enforce laws.   

enumerated powers 

Those rights and responsibilities of the U.S. government specifically provided for and listed in the Constitution.   

federalism 

A form of government in which power is divided and shared between a central government and state and local governments.     

Terms to Knowgerrymandering 

Drawing the boundaries of an electoral district to favor a political party.     

implied powers 

Those powers authorized by a legal document that are not expressly stated but can be inferred from expressly stated powers. The power of Congress to do all things "necessary and proper" to carry out the powers delegated to it by Article I, Section 8, Clause 18 of the U.S. Constitution. The "necessary and proper" clause is also known as the "elastic clause," because it greatly expands the Constitution's enumeration of the powers of Congress. Implied powers can be distinguished from "inherent powers," those that are expressly provided for in the Constitution.   

inherent powers 

Those powers ingrained so deeply in an institution that they need not be stated. For example, what the "inherent powers of the presidency" might be is a hotly contested subject in American national politics.   

trustee theory of representation 

The idea that a legislative representative should use his or her best judgment in making decisions on public policy, regardless of constituent opinion.

Differences Between Congress and the British Parliament

Although British Parliament served as a model for our 2-house legislature, there are 4 major differences.

1) Representation British Parliament

Designed to represent specific order in society. House of Lords - traditionally an inherited seat. Today hold

honorary lifetime appointments. (1200 members) House of Commons – elected, represent geographic regions

Congress House of Reps – represent viewpoints of district / frequent

turnover (2 yr. terms) Senate – represent whole state / longer terms ( 6 yrs.)

Differences Between Congress and the British Parliament

2) Separation of Powers British Parliament

Leader of majority party appoints prime minister (chief executive and chief legislator)

Members of Parliament hold Cabinet positions as well

House of Commons is much more powerful house

http://www.youtube.com/watch?v=TsAa9VmwOaI

Congress Article 1 Sec 6 prohibits mingling

of executive and legislative powers

House & Senate both powerful, frequently limit each others’ power

Differences Between Congress and the British Parliament

3) Term Lengths British Parliament

No fixed election schedule, but at least every 5 yrs. depending on “confidence” in prime minister and party in power

Congress Reps (2 yr terms) / Senate (6 yrs., staggered)

4) Federalism British Parliament

Local governments are primarily administrative units of central government. Most powers simply delegated from national level.

Congress State legislatures wield considerable power, leading to

dynamic system of federalism.

Congress’s Constitutional Powers

Limitations Art. 1 Sec. 8 - limits powers to those “herein granted”

/ 18th power = “all laws… necessary and proper for

carrying into execution the foregoing powers” Art. 1 Sec. 9 – lists matters congress “shall not”

legislate Tax state exports, grant titles of nobility…

Bill of Rights – list of rights Congress “shall not” infringe First – “Congress shall make no law” abridging free press

Congress’s Constitutional Powers

Enumerate Powers Those powers listed in Constitution

Ex) “Regulate Commerce” Congress now regulates manufacturing, child labor, wages…

Implied Powers Some expressed powers imply additional powers

Ex) “Necessary and Proper” Clause Court Case: McCulloch v. Maryland (1819)

• Decision = N & P clause and power to coin & borrow money implied power to create a national bank.

Congressional Oversight Implied power to create, and monitor, executive agencies

designed to implement policy mandates.

Representing the People & The States

No constitutional term limitsSince 1842, all members of House elected

from single-member districtsMany states redistrict after each 10-yr.

census Drawn by state legislatures or independent

commissions Dissatisfied groups can challenge redistricting in

court

Controversy Over Districting

Court Case: Wesberry v. Sanders (1964) Decision – adopted rule of “one

person = one vote”New requirements have not

ended debate over Gerrymandering

Senate initially chosen by state legislatures, but 17th Amendment creates direct elections

Controversy Over Districting

1913 – Congress fixes size of House at 435By 2004, average House district population

over 700,000 Surpassed worldwide only by India

District size creates challenges addressing needs and interests of such diverse constituencies

Theories of Representation

Delegate Theory or Trustee Theory? Most representatives claim to practice both

Our vast and diverse nation make it challenging to both represent constituents while also finding common ground with legislators from other regions.

http://www.youtube.com/watch?v=jV1jmvMHsS0

Congressman Specter dealing with “unhappy” constituent

Serving Constituents

Communications Media appearances, websites, town hall meetings…

Case Work Staffers help constituents solve problems involving

national government. Ex) Dealing with agencies (IRS, Social Security), asking for

favors (tours, meetings w/ legislators)

Serving Constituents’ Interests and Concerns Introducing / sponsoring legislation that serves

constituents interests. Working to have federal projects located in district

(highways)

Lesson 22:How Does Congress Perform Its Functions in the American Constitutional System?

Purpose

Congress is one of few national assemblies with the power to initiate legislation, not simply vote on executive’s proposals.

Congress also conducts investigations that lead to important changes in policy and removal of officials.

Despite its rules and leadership structures, the 535 member Congress faces challenges representing their growing and diverse constituencies.

Objectives

Describe the role of rules, committees, and political parties in Congress.

Describe the lawmaking process. Identify the primary sources members rely

upon. Explain the importance of Congress’ power to

investigate. Explain why compromise is required in the

deliberative process. Evaluate, take, and defend positions on how

Congress functions and whether it should streamline its procedures.

Terms to Know

bill 

A proposed law placed before a legislature for approval.     

cloture 

A rule of the U.S. Senate stipulating that debate on a legislative proposal be cut off and the proposal voted upon by the full Senate if sixty members agree.   

filibuster 

The practice of refusing to surrender the floor during a debate to prevent the Senate from voting on a proposal.  

impeachment 

Charging a public official with a crime while in office and bringing him or her to trial. Convicted officials are removed from office.   

lobbying 

The practice of attempting to affect legislation by influencing legislators.   

Terms to Know

pocket veto 

A presidential practice that allows a bill to die if not signed within ten days and Congress is adjourned. The president is conceived as keeping the bill in his pocket rather than taking it out and signing it.   

power to investigate 

The power of Congress to undertake formal inquiries into matters of public business and public policy.   

resolution 

A formal statement of a decision or expression of opinion put before or adopted by an assembly such as the U.S. Congress.   

seniority 

Length of service. In the U.S. House of Representatives or the U.S. Senate, certain powers and responsibilities of congressional members, such as committee chairmanships, are granted on the basis of their time in office.   

The Role of Rules & Committees

Rules and Committees not specified in Constitution, but instead created by each chamber (Art. 1 Sec. 5)

Committees Standing (permanent) Committees have jurisdiction

over particular subjects, appoint more specific subcommittees Ex) http://www.govtrack.us/congress/committee.xpd Hold hearings to hear public testimony or conduct gov’t oversight

Select Committees (task forces) exist for limit time for specific purpose

The Role of Rules & Committees

Rules Examples

House rules specify size and jurisdiction of committees / govern form and structure of debate

Senate more informal, filibuster option remains open at all times. However, 60 votes (cloture) brings

proposal to a vote

Party Organization Leaders encourage members to

adhere to party platform Committee chairs appointed by

seniority and party loyalty

Congressional Leadership

House Leadership (3 models) Strong Institutional Speaker

Speakers wield considerable power over organization and legislative agenda

Powers: controls committee appointments, chairs Rules Committee, “traffic cop” deciding which bills come to the floor and rules of debate.

Decentralized Committee Leadership Some historical periods witnessed committee chairs rebelling

against speaker Party Control

Strong speaker who represents majority party Committee chairs appointed based upon party loyalty

Congressional Leadership

Senate Leadership VP is president of Senate, but only power is to cast

tie-breaking vote. Majority and Minority Leaders chosen by each party

to guide operations.

Majority Rule and Compromise in Congressional Deliberation

Bill vs. Resolution Simple resolutions address rules or express

sentiments of Congress Joint Resolutions device for proposing Amendments or

other matters. If signed (or over-ride), has force of law

Most proposals take form of a bill Bills introduced in either House (except revenue

bills= H) Numbers with prefix S or H The process is as follows…

Majority Rule and Compromise in Congressional Deliberation

Committee Assignments Bills assigned to at least 1 committee / usually referred to

subcommittees for rigorous scrutiny and amendmentsHearings

Representatives of government agencies, interest groups or outside experts present testimony

Deliberations At “Mark Up” sessions, members can review, modify, approve

final version, and recommend to full House or SenateReport

If bill wins favorable committee vote, reported to full chamber

Committee report justifies its actions

Majority Rule and Compromise in Congressional Deliberation

Floor Vote Places on calendar for consideration and a vote

Referral to the Other Chamber If passed, sent to other chamber where process begins again

Conference Committee When versions of bill differ (most do), conference committee

(members of both house) try to reach compromise. If agreement reached, conference report submitted for vote

(cannot be amended, can be filibustered)Referral to President

If president signs, becomes law If vetoed, 2/3 vote needed in each chamber to over-ride If not signed, but Congress adjourns within 10 days, bill is dead (pocket veto)

Majority Rule and Compromise in Congressional Deliberation

Bill must win majority support at each phaseSponsors of bill must be persistent and

willing to compromiseLawmaking process demonstrates American

system of representative gov’t, limited gov’t and checks and balances at work.

LawCrafthttp://icivics.org/games/lawcraft

Ideas for Legislation & Deciding Which Bills to Support

Campaign PromisesResponses to CrisisLegislation Introduced by OthersLibrary of Congress and Congressional Budget

Office provide research, analysis, and projected costs.

Executive Branch President outlines legislative agenda at State of the

Union Party members sponsor president’s legislation

Legislation also introduces by Executive departments / agencies

Ideas for Legislation & Deciding Which Bills to Support

Constituents Constituents recommend enactment or

repeal of laws through various forms of communication (letters, opinion polls, blogs)

Interest Groups Organizations, industries, and interest

groups employ lobbyists to help influence legislation

Reflects right to free speech, assembly, and petition

Effective Lobbyists are well-informed on issue, knowledgeable of process, well-organized, and cooperative.

The Power to Investigate

Purpose Finding facts on which to base legislation Discover or influence public opinion Oversee administrative agencies Probe activities of public officials Secure partisan political gain

Power to investigate also used to impeach federal officials Initiated in House. If vote on impeachement, sent to

Senate Conviction in Senate requires 2/3 majority

Lesson 23:What Is the Role of the President in the American Constitutional System?

Purpose

The president is among the most powerful political figures in the world.

Internatioanlly, the president speaks for the country and is the symbol of America.

Domestically, the president suggests policies to Congress and is the leader of their political party.

Americans look to the president for leadership, while also fearing concentration of executive power.

This lesson examines sources of presidential power and ways that checks and balances limit presidential power.

Objectives

Explain the president’s responsibilities and how the office has evolved.

Identify various constitutional and political checks on the president’s power.

Explain fundamental differences between the parliamentary prime minister and the American presidency.

Evaluate, take, and defend positions on issues involving the exercise of presidential power and the relationship between the president and other branches of gov’t.

Terms to Know

commander in chief 

Highest ranked person of the military forces. According to the U.S. Constitution, the president is commander in chief of the nation's armed forces.   

executive orders 

Directives issued by the president, including Presidential Directives, National Security Directives, and Homeland Security Presidential Directives. Presidents have issued such orders since 1789. Such orders are open to the public, except for National Security Directives.   

executive power 

The authority to carry out and enforce the law.   

The President’s Responsibilities

Executive Power not specifically defined in Constitution, but following powers are listed (Art. II) Commander in Chief of army and navy Heads executive department Granting reprieves and pardons Making treaties (subject to Senate’s consent) Nominating ambassadors, consuls, judges Recommend legislation Veto bills Receive ambassadors (chief diplomat)

The Framers’ Vision of the Presidency

Official above partisan politicsElectoral College would identify

people with character “preeminent for ability and virtue”

No expectation of campaignsWanted “energetic” president

as opposed to legislature’s “deliberative” nature

Hamilton: “Bad execution… must be… a bad government.”

The Presidency Evolves

Andrew Jackson Unprecedented use of veto

(national bank)Abraham Lincoln

Expansion of wartime powers (suspension of habeas corpus)

Teddy Roosevelt “Bully Pulpit” – used visibility and

influence of presidency to advocate his political agenda

The Presidency Evolves

FDR Took control of policy process through New Deal

programs. Social Security, employment programs, executive

agency reform Exerted unprecedented military power during

WWII Employed “fireside chats” to establish trust and

confidenceSince FDR

Effective presidents have used FDR’s strategies to bolster power Reagan – “The Great Communicator” JFK & Clinton – Used charisma to win political allies

and persuade public to support policy proposals

Foreign Policy

Congress’s role (declare war, fund armed forces…) largely reactionary to president

The President foreign relations powers… Commanding Armed Forces

Military power used to defend nation and as a threat to persuade

Each president since FDR has sent troops abroad w/o declaration of war.

Making Treaties Sole authority to negotiate on behalf of US, pending Senate approval

Foreign Policy

Appointing Ambassadors & Public Ministers President decides who represents US abroad. Ambassadors help shape US image and advise on

foreign policyReceiving Ambassadors and Other Public

Ministers President sole channel of international communications Assumes right not to recognize them

Expansion of War Powers

During wars and emergencies, presidents often exercise power not granted in Constitution Grover Cleveland – sent unauthorized troops to put

down Pullman train car strike FDR – sent war ships to Britain before entered WWII

Attempts at restraint 1952 – Supreme Court rules against Truman (seizing

steel mills during Korean War) 2006 – Bush’s “special military commissions” violated

US law and Geneva Convention However, Congress & Court tend to defer to president

Expansion of Presidential Power

Over time, power has flowed from one branch to the other. 19th C. – Congress dominated 20th C. – As role of US in world grew, so did Executive

powerWhy growth of presidential power?

Over past century, polls show public demand for strong president However, polls also show public distrust of strong

executives Broad constitutional powers Role in recommending legislation Increasingly active role in development of federal

regulations Regulations elaborate on general laws passed by Congress

Expansion of Presidential Power

Executive Orders Rule or regulation issued by the

president. Must be published in Federal

Register Assumption of new

responsibilities Issues involving education, health

care, transportation, product safety, etc. have shifted from purely state / local control to national as well.

Limitations on Power

Congress Rejecting or modifying president’s

legislative agenda Asserting its constitutional authority (war powers) Refusing to ratify treaties Refusing to confirm nominees Refusing to fund programs Removing president from office

Limitations on Power

Supreme Court Humphrey’s Executor v. US (1935)

Congress must approve president’s removal of official from independent regulatory agencies

US v. Nixon (1974) President not entitled to automatic

immunity from legal process Train v. City of NY (1975)

President cannot refuse to spend money appropriated by Congress

Executive AgenciesPublic Opinion

Differences Between American Presidency & British Prime Minister

Prime Minister Chief Executive Appointed by majority party or

coalition Must have served in

Parliament Passage of legislation more

efficient, but PM can be quickly replaced once they lose confidence of Parliament

Differences Between American Presidency & British Prime Minister

Presidency Not appointed, elected. No

experience required. Fixed 4-yr term, regardless of

public opinion Many more checks on power than

in Parliamentary system Power depends on ability to

persuade President’s standing in eyes of

world can enhance or detract from international reputation of nation.

Lesson 24:How Are National Laws Administered in the American Constitutional System?

Purpose

Departments, agencies, and bureaus that administer laws (bureaucracy) touch every aspect of American life.

This lesson examines the role of administrative departments and agencies in America’s national government.

Objectives

Explain why Congress create administrative units, the circumstances that contribute to their creation, and the range of governmental functions that administrative perform.

Identify some of the checks on the exercise of administrative power.

Evaluate, take and defend positions on public administration in the United States.

Terms to Knowbureaucracy 

Governmental departments and agencies and their staffs, principally civil service members and political appointees.   

cabinet 

The group of advisors to the president composed of the heads of the departments of the executive branch and certain other officials. Cabinet advice to U.S. presidents is not binding, as opposed to parliamentary systems, where the consensus of cabinets is said to bind prime ministers.

civil service 

Employment in federal, state or provincial, and local governmental agencies. The civil service was formed in an effort to reduce political patronage and promote professionalism in government.   

independent agencies 

Administrative organizations located outside the structure of executive departments.   

Kinds of Administrative Units

Executive Departments Congress directs each to administer certain laws /

President appoints each secretary, or “head” (Cabinet) Currently 15 departments, each head in line of

successionExecutive Office of the President (EOP)

Created in 1939 to help with budgeting, personell management, and natural resources planning.

Includes: White House Office, Office of Management & Budget, Council of Economic Advisors, National Security Council

Kinds of Administrative Units

Independent Agencies Located outside structure of Executive

Departments Granted quasi-legislative regulatory powers

Ex) Environmental Protection Agency (EPA), Peace Corps

Others Federal Emergency Management Association

(FEMA) Was independent agency, now part of Dept. of

Homeland Security US Postal Service

Government corporation Federal Communications Commission (FCC)

Designed to enforce regulations of the industry

Administrative Organizations

Quasi-legislative powers delegated to implement broad congressional mandates. Rules published in Federal Register

Some units granted quasi-judicial powers Hearings held to resolve disputes

Example: IRS Makes & Enforces rules about tax collections.

Also holds hearings for those accused of violations.

Administrative Procedure Act (1946) Established rules to implement laws, requires

public notice / hearings, permits judicial review of administrative decisions

Contributing Factors

Growth in response to demands placed on gov’t Ex) Industrial Revolution lead to Dept. of Commerce

and Labor, Interstate Commerce Commission, and Federal Trade Commission

Great Depression / New Deal FDR creates significant growth in federal bureaucracy

in response to national crises Cold War

Dept. of Defense, National Security Council, CIA…

Contributing Factors

Reduction Starting in 1970s, many

commissions and boards abolished Ex) Interstate Commerce

Commission

9/11 Terrorist attacks result in

creation of Department of Homeland Security

Staffing Administrative Agencies

Civil Service 1883 – Patronage substituted for merit-based system /

administrative class insulated from politics Congress sill establishes office requirements, performance

standards, wages, benefits, & “whistle-blower” protections Hatch Act (1939)

Parties prohibited from pressuring workers to contribute or work for candidates in exchange for job security

President makes appointments to key leadership positions

Helps ensure bureaucracy enacts his policy agenda With new administration’s usually complete change in leadership

Checks & Balances

The President Appointment power rewards loyalists / advances

agenda Executive Orders – directs agencies to take certain

actionsCongress

Creates, consolidates, or eliminates agencies Senate confirms high-level appointees Statutes direct agency actions Appropriates funding Congressional Oversight

Ex) review budgets, investigate actions

Checks & Balances

Courts Decide whether agencies violate 14th Amendment due

process & equal protection requirements Requires Congress to clearly define agency standards

Federalism If state and national policies differ, states sometimes

resist or refuse to comply with standards (ex. Education reform)

Citizens, Interest Groups, Media Those directly affected by public policy ca monitor

actions, report complaints, or investigate issues regarding problems and injustice in the bureaucracy

Lesson 25:What Is the Role of the Supreme Court in the American Constitutional System?

Purpose

As opposed to English tradition, the Constitution provides for an independent judiciary.

Hamilton considered it “least dangerous branch” because it depends on other branches to enforce its decisions.

This lesson examines how the Supreme Court has become a coequal branch of the national government and describes some of the institutional checks on its power.

ObjectivesExplain the difference between the Supreme

Court’s original and appellate jurisdiction. Explain the four methods of constitutional

interpretation. Explain how America’s system of checks and

balances limits the power of the Supreme Court.

Evaluate, take, and defend positions on issues relating to the role of the Supreme Court in the constitutional system.

Terms to Know

advisory opinion 

In some judicial systems, a formal opinion on a point of law given by a judge or court when requested by a legislature or government official.   

appeal 

The bringing of a court case from a lower court to a higher court in an attempt to have the lower court's decision reversed. Grounds for appeal include errors of law, fact, or procedure.   

appellate jurisdiction 

The legal authority of a court to hear appeals from a lower court.   

jurisdiction 

The power or authority to hear cases and make decisions.   

landmark decision 

A legal decision that constitutes a turning point or stage. Brown v. Board of Education (1954) is an example of a landmark decision.   

Terms to Know

litigant 

A party involved in a lawsuit.   

methods of constitutional interpretation 

Interpretive methods employed by U.S. Supreme Court justices when considering constitutional issues of some cases. See strict construction, original intent, fundamental principles, and instrumentalism   

original jurisdiction 

In some cases, such as those in which a state is a party, the Supreme Court has the right to consider the facts and the law in a case without it having first been passed on by a lower court.  

writ of certiorari 

A type of writ seeking judicial review of a legal decision.   

Constitutional Powers of the Supreme Court

Article III Created Supreme Court, Congress has power to create

inferior courts. Life tenure for all Federal Judges Jurisdiction over cases arising under national law and

involving citizens from more than one state. Trial by jury in all criminal cases except impeachment Power of judicial review, deciding whether acts of

Congress, executive, state laws, or state constitutions violate US Constitution

Constitutional Powers of the Supreme Court

Original Jurisdiction Power of a court to pass

judgment on both the facts of a case and the law.

Original Jurisdiction over “cases affecting Ambassadors,

other public Ministers and Consuls,… [and] … Controversies to which the United States shall be a Party.”

Original Jurisdiction - Supreme Court only one to hear case Very few cases arise from original

jurisdiction

Constitutional Powers of the Supreme Court

Appellate Jurisdiction Power of higher court to review and revise decision of

inferior court Supreme Court has appellate jurisdiction in all cases

not in original jurisdiction unless restricted by Congress.

Congress Created 3 – Tiered system Trial Courts (Federal District Courts) in each state 13 Courts of Appeal (Federal Circuit Courts) Supreme Court

Constitutional Powers of the Supreme Court

Litigants who lose in lower federal court (or highest state court) can ask Supreme Court to review the case.

Supreme Court not require to issue writ of certiorari Four justices need to approve Of thousands of yearly petitions, number of cases

decided by court on decline 1980 – 232 cases 2006 – 72 cases

Methods of Constitutional Interpretation

Written Opinions Courts issue majority, concurring, and dissenting

opinions Hold Supreme Court accountable by publicizing its

rationale Establishes a record that serves as precedent for future

cases

Methods of Interpretation Textualism, Literalism, or Strict Construction

Looking at literal / ordinary meaning of each word or phrase

“keeps Court neutral and helps justices avoid imposing their own values on the Constitution”

Methods of Constitutional Interpretation

Original Intent or Original History Seek to understand what Founders originally meant “helps maintain stability and neutrality in the law”

Fundamental Principles Looks to principles – natural rights, republican gov’t – to

interpret meaning of words, phrases, or clauses “identifying fundamental principles is useful in determining

what meaning of words actually are” Modernism or Instrumentalism

Premise that Constitutional interpretation should adapt to changing circumstances and contemporary needs.

Argue that justices should not “hold back social progress by adhering to outmoded understandings of the Constitution”

Checks on Supreme Court Power

Self-Imposed Limits Attempt to avoid partisan politics by refusing

“political questions” Does not issue advisory opinions, only decides

specific casesPresidential Appointments

Nominees can change approaches to constitutional interpretation and attitude about role of the court

Executive Enforcement President may threaten to refuse enforcement.

Ex) US v. Nixon

Checks on Supreme Court Power

Congressional Power Congress determines appellate jurisdiction and controls

budget If statute declared unconstitutional, may pass it in

another form Can alter size of the court Can propose amendments in response to unpopular

decisions Ex) 16th Amendment – Income Tax

Federalism State enforcement may be lax. Some states still evade entirely desegregating schools

Lesson 26:How Does American Federalism Work?

Purpose

The powers of and the boundaries between the national and state governments never have been clear.

This lesson examines constitutional provisions affecting the states in their relationship to the national government.

It also explains how state governments are organized, including their creation of units of local government.

Finally, it describes the role of states as “laboratories of democracy.”

Objectives

Explain how American federalism involves divided sovereignty and an ongoing effort to balance power.

Explain the function of three basic kinds of local government – counties, municipalities, and special districts.

Give examples of governmental innovations at the state and local levels.

Evaluate, take, and defend positions on continuing issues related to America’s unique system of federalism.

Terms to Knowinitiative 

A proposed law placed on the ballots of some states for voter decision. Initiatives that pass immediately become law.   

local government 

Government of a specific local area, such as state subdivisions authorized by states or governments of cities, counties, and towns. Also includes special government units, such as water districts.   

police powers 

The inherent authority of a government to impose restrictions on private rights for the sake of public welfare, order, and security within the boundaries of constitutional law.   

recall 

A process of using special or general elections for removing elected officials from office. 

referendum 

Placing a measure approved by a legislature on a ballot for popular approval.   

reserved powers 

Those powers referred to in the 9th and 10th Amendments that are reserved to the states or to the people.   

Constitutional Status of State Governments

States’ Role in National Government 9 of 13 states were needed to ratify Constitution (Art.

VII) Determine Voting Qualifications for House Members

(Art. I) Equal Representation in Senate Vital Role in Electoral College System

Governing Power Left to the States Art. I Sect 8 – 9 powers states do not have (no titles of

nobility) Prior list, enumerated powers for Congress, and 10th

Amendment established that powers not granted to national government are reserved to state governments.

Constitutional Status of State Governments

Reserved (Police) Powers State gov’ts power to enact

legislation that protects the health, safety, welfare, and morals of those within this district Ex) Schools, making / executing

criminal and civil laws, zoning

Historic Tension Disputes often arise over

Supremacy Clause and ambiguities regarding which level of gov’t has which power

Common Features of State Government Organization

Bill of Rights Most include same rights as US Constitution. Many

also add rights such as right to work or right to education.

Legislative Branch Most legislatures (assemblies) meet annually, are

bicameral, with districts for both houses based upon population.

Executive Branch Governor is chief executive, most serve 2 or 4 year

terms. Lt. Governor role similar to “vp.” 2003: US gov’t employees = 3 million, State / Local gov’t employees = 15 million

Common Features of State Government Organization

Judicial Systems Trial and appellate courts. Judges elected in some

states, appointed in others. Municipal courts deal with local matters such as traffic

offenses. State Supreme Court has final say about meaning of

state constitution.Creation of Local Governments

State grants charters to carry out certain gov’t responsibilities. Local laws typically called ordinances.

Categories of local government includes: counties, municipalities (cities & townships), and special districts that provide specific services (school districts).

Changing State Constitutions

Since 1776, 144 New State Constitutions, Thousands of Amendments Only 18 states have original constitution Ballots usually contain proposals for constitutional

amendments Current policy debates in the states: same-sex

marriage, gambling, marijuana decriminalization / legalization

Federalism In Practice

Regulation of Commerce States retain power to regulate commerce within its

borders. However, courts have asserted Congress’s power to

regulate local activities if they “have a substantial effect on interstate commerce.” Ex) Medical marijuana use laws. Gonzalez v. Raich

Grant-in-aid Programs In return for money from national gov’t, states must

comply with congressional policies Ex) Federal highway funds require compliance with “national” speed limit. Ex) Race to the Top education funds

“Laboratories of Democracy”

Initiative, Referendum, Recall Methods allow citizens to participate in direct

democracy in their states.Environmental Protection

Several states set emission standards set by Kyoto Accords, despite national governments choice not to.

Health Care Several state-wide reforms have been tried in the states and served as a model for national legislation.