Post on 15-Dec-2015
transcript
1
The Constitution & Federalism
US Politics and Society
2
The US Constitution Although the first attempt failed
(Articles of Confederation), the second represents one of the oldest continually functioning political systems in the world.
It has overseen the transformation of a territory, a people, an economic system, a social structure, an ethnic mixture & a geopolitical superpower
3
Continuity and Change
~ 4300 words7 articles
•4 million people•13 states•Narrow settlement along Atlantic•Agricultural, rural
1789
~4300 words 7 articles
27 amendments
2003 •290 million people•50 states•From the Atlantic to the Pacific•Urban and industrialized•Nuclear power•Multicultural
4
Four principles of the Constitution
1. republicanism: government through elected representatives
neither monarchy, aristocracy nor (for that matter) direct democracy
2. federalism: government by devolution to the constituent states
neither unitary government, nor confederation
5
Four principles of the Constitution
3. separation of powers: division of powers among different branches of government, i.e. legislative, executive and judiciary
4. checks and balances: not only are powers separated, but they are also configured so as to give each branch certain powers of check and balance over the other two
6
Checks and balances
•Make laws
•Veto legislation•Submit legislation•Executive orders
•Review legislative acts
•Confirm executive appts (Senate)•Override vetoes•Impeach president
•Enforce laws
•Review executive acts•Issue injunctions
•Impeach judges•Create/eliminate courts
•Grant pardons•Nominate judges •Interpret laws
7
7 articles of the Constitution Article 1: Legislative branch
the longest because of the desire of the ‘Founding Fathers’ to enforce republicanism and have only elected representatives run government
details the ‘Great Compromise’, which established a bicameral legislature based on separate representation principles
lists election principles from House & Senate gives House the sole right to initiate bills
regarding revenue
8
Powers of Congress to regulate customs, monetary and
commercial affairs ‘with foreign Nations, and among the several States, and with the Indian tribes’
to declare war and provide for national defense, including militia, navy
to establish a postal system & post roads
9
The ‘Elastic’ Clause Article 1, Sec. 8, final ¶: [Congress shall
have power…] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. ‘Implied powers’, ‘necessary and proper’ clause
Key provision, which has been the basis for the expansion of congressional powers since 1789
10
Article 2: the Executive commander-in-chief can request the ‘Opinion, in writing, of the
principal officer in each of the executive Departments’
grants pardons sign treaties appoints judges, cabinet members,
ambassadors—all upon the ‘Advice and Consent’ of the Senate
gives Congress ‘Information of the State of the Union’
11
Article 3: the Judiciary Creation of the Supreme Court and
other ‘inferior Courts as the Congress may from time to time ordain and establish.’
Automatic SC jurisdiction in cases involving states
12
Article 4: the States Mutual recognition of state laws equal privileges and immunities to
all citizens extradition from state to state all states shall have republican
government states shall be protected from
invasion and offered assistance in times of domestic unrest
13
Articles 5-7: Further provisions Article 5: Amendment Article 6: the Constitution shall be
‘the supreme Law of the Land; and the Judges [legislators and executives] in every State shall be bound thereby’ ‘no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States’
Article 7: Ratification, 9/13 states
14
Amending the Constitution
Method of Proposal
Method of Ratification
By 2/3 vote in both houses of Congress (used 33 times)
By natl constitutional convention called by Congress at the request of 2/3 of the state legislatures (never used)
By legislatures in 3/4 of the states (used 26 times)
By conventions in 3/4 of the states (used only once, 21 amendment)
15
Bill of Rights First 10 amendments Proposed as part of Virginia ratification
1. Freedom of religion, speech, press and assembly2. Right to bear arms3. Prohibition against quartering of troops in private homes4. Prohibition against unreasonable searches and seizures5. Rights for the accused: grand jury indictment, double
jeopardy, self-incrimination, due process6. Right to speedy and public trial7. Right to trial by jury in civil suits8. Prohibition against cruel and unusual punishment9. Rights not listed in the Constitution retained by the people10.The States or people reserve those powers not denied to
them by the Constit. or delegated to the national govt.
16
Types of amendments
1. structural change in govt 12th: separate voting for president and vice-
president (1804) 17th: Direct election of US Senators (1913) 20th: Presidents limited to 2 terms (1951) 25th: Presidential & Vice-Presidential succession
(1967) 27th: Salaries of members of Congress (1992)
2. affecting public policy 18th: Prohibition (1919) 21st: Repeal of Prohibition (1933)
17
Types of amendments
3. expanding rights 1-10: Bill of Rights (1791) 13th: Slavery banned (1865) 14th: Equal protection and due process (1868) 15th: Suffrage for black males (1870) 19th: Suffrage for women (1920) 23rd: Residents of District of Columbia given right to
vote in presidential elections (1961) 24th: Poll tax abolished (1964) 26th: Voting age lowered to 18 (1971)
18
Types of amendments4. overruling Supreme Court decision
Individuals prohibited from suing a state without its permission (1798)
Congress given power to create personal income tax (1913)
Peculiar amendments Repeal of a previous amendment (18th vs. 21st on
prohibition) 27th Amendment proposed in 1789, ratified in…
1992
19
Proposed amendments Equal Rights Amendment: proposed in each
Congress b/w 1923-1972 prohibition of gender discrimination fails ratification in 1982 by just 3 states
balanced budget amendment (1995) prayer in schools (1971) prohibition of flag burning (1995) anti-abortion amendment (since 1973) anti-polygamy (1898) electoral college reform (since 1789) term limits for Congress (1995)
20
Federal-State relations
•Coin money•Conduct foreign relations•Regulate commerce b/w the states•National defense•Declare war•Establish federal courts•Make other ‘necessary and proper laws
•Regulate elections•Ratify constit. amendments•Take measures for public health•Regulate commerce w/in the state•Establish local governments•All other powers not given to federal government or prohibited to states
•Tax•Borrow money•Establish courts•Make & enforce laws•Charter banks & corporations•Spend money for general welfare•Take property for public domain
Federal powers
Concurrent powers
State powers
21
Phases of US Federalism Supreme Court a key authority in
evolution of federalism1. 1789-1834: ‘Nationalization’
Marshall Court broadly interprets constitution to expand and consolidate national power
2. 1835-1860: Dual Federalism, 1 federal govt. limited to enumerated powers;
states consider themselves sovereign; tension over states’ rights
22
Phases of US Federalism
3. 1860-1933: Dual Federalism, 2 Supreme Court maintains states’ right to
regulate internal commerce, while federal govt. also expands aid & regulatory policies
4. 1934-1960: Cooperative Federalism New Deal: Grants-in-aid to states, national
welfare programs, greater national regulation SC expands use of ‘commerce clause’
5. 1960-1968: Creative Federalism Johnson’s Great Society, ‘war on poverty’
23
Phases of US Federalism
6. 1968-2000: New Federalism Reductions in federal aid to states, shift to
‘block grants’ State opposition to ‘unfunded mandates’
amid balanced budget amendments• Clean Water Act, Clean Air Act, Americans
with Disabilities Act Return to states as laboratories, e.g. in
welfare systems, emissions
24
State Government State constitutions
the powers of executives differ, altho most have line-item veto along with regular veto
state legislatures often filled by ‘citizen legislators’• 17 states with part-time legislatures, 10 with full-time• range in size from 424 (NH) to 60 (Alaska)• all but one state legislature bicameral (NE)
growing popularity of ‘term limits’: 20 states ‘propositions’, direct (17) & indirect (4) initiatives
State prerogatives: • elections (incl. presidential)• education• public health• transportation
•economic development•law enforcement•criminal justice
25
Local Government Counties: ~3000 Municipalities: ~19,300
city council, mayor Towns and Townships: ~16,700
often governed by ‘town meeting’ Special districts: ~36,000
school districts, park districts Disparities: wealth, ethnic diversity
26
State & Local Govt. Revenue Sources
23
1
14
20
0
17
62
6
2621
3
31
38
19
0
5
10
15
20
25
30
35
Inco
me
tax
Sal
es t
ax
Pro
per
tyta
x
Use
r fe
es
Fed
eral
aid
Sta
te a
id
Insu
race
tru
st
Oth
er
States
Localities
1990s boom, 2000s bust
27
State & Local Associations National Governors’ Association National Conference of State
Legislatures National League of Cities US Conference of Mayors National Association of Counties