FederalismUnit 2

Journal 1/28Chapter 3 of your text opens with a

question posed by a Utah congressman; “who is the sovereign, the state or the federal government?”

How would you answer this question? Think about the 9th and 10th Amendments, the Supremacy Clause (6.2), the necessary and proper clause (8.1), etc…

Why Bother?•Fear

▫Federalism is a compromise▫The Constitution, not the central gov’t would

reign supreme•Unity

▫Confederalism is a lack of unity▫Unitary is TOO MUCH

•“…A republic if you can keep it”

The Problem With Feds Is…•Federalism requires all people to

accept the dominance of one document▫Difficult in diverse areas…

Iraq India Former USSR Pakistan

•Nation-Centered Federalism•State-Centered Federalism •Dual Federalism

Federalism FRQ (72-88)Read these pages and come up with your own FRQ.

It must:

A.Have two, related questionsB.Include a logical scoring guideC.Be worth at least five pointsD.Scoring guide must include possible answers.

See the next slide for an example of what I’m asking

Federalism FRQ (72-79)One feature of the US Constitution is federalism.

While the basic definition of federalism has always been the same, the federal government has redefined its own powers in many ways

a)Explain one way in which SCOTUS redefined the powers of the federal government

b)Explain one way in which the President has redefined the powers of the federal government

c)Explain one way in which Congress has redefined the powers of the federal government

d)Pick two of the “ways” you mentioned above and explain why the Federalists would have been uncomfortable with them. Do the same, with a different example from a-c, for Anti-Federalists.

Scoring Guide•1 point is given for each explanations of specific

ways each branch has defined federal powers. Possible answers include

•1 point is given for each explanation of two reasons Feds and Anti-Feds would have disapproved of redefining federalism (scoring guide on next slide)

Supreme Court

Executive Legislative

•Political activism in courts

•Judicial Review

•McCulloch v Maryland

•States as laboratories

•Nomination of activists judges

•Creation of more bureaucracy

• Focus on case work

•Pork-barrel legislation

Scoring GuidePossible answers include

Supreme Court

Executive Legislative

•Insulated/ indep. Judiciary (Feds)

•Judicial branch does not represent the ppl (A-Fs)

•Supremacy Clause (Feds)

•Necessary and Proper clause is a violation of state’s rights (A-F)

• Too close to the common man (feds)

•Regionalism (A-Fs)

Journal 9/10What will you be paying attention to in the

upcoming election? Why?

Journal 9/17Look at the chart on page 80. What is this

telling you? Consider what you know, think you know, have heard about these different ‘programs’; it this money well spent? Explain. Is there something NOT ON THIS CHART you would give money to in the states?

The CongressUnit 3

In In McCullough v MarylandMcCullough v Maryland SCOTUS SCOTUS established which of the following established which of the following principles?principles?

A.A. States cannot interfere with or tax the States cannot interfere with or tax the legitimate activities of the federal governmentlegitimate activities of the federal government

B.B. The Judicial branch can not intervene in political The Judicial branch can not intervene in political disputes between the President and Congress disputes between the President and Congress

C.C. The federal Bill of Rights places no limitations The federal Bill of Rights places no limitations on the stateson the states

D.D. The federal government has the power to The federal government has the power to regulate commerceregulate commerce

E.E. It is within the judiciary's authority to interpret It is within the judiciary's authority to interpret the Constitutionthe Constitution

Journal 2/12

What is apportionment? Why do we do it? What’s its relevance to congress?

Congressional Oversight (309-311)

Oversight:

a. Gov’t Accountability Office (GAO)1.2.

b. Committee Hearings1. 2.3.

c. Budget! Control!1.2.

Clips1.Clip: Automotive Industry

2. http://www.cnn.com/2012/07/02/politics/contempt-vote-political-survival/index.html3. http://www.youtube.com/watch?v=YD9sz8rvheI&list=PLdd7CkXOH44xvWC933dXQgtJymtMVJgFH&index=1&feature=plpp_video

Practice FRQ (2006)Practice FRQ (2006)CongressCongress – – Bi-cameral structureBi-cameral structureA.A.State 2 reasons why founding fathers created a bi-State 2 reasons why founding fathers created a bi-

cameral legislaturecameral legislature Consider: representation, population, constitutional compromise, Consider: representation, population, constitutional compromise,

checks and balanceschecks and balancesB.B.Explain one unique power of the House and Explain one unique power of the House and

describe why founding fathers gave it this powerdescribe why founding fathers gave it this powerC.C.Explain one unique power of the Senate and Explain one unique power of the Senate and

describe why founding fathers gave it this powerdescribe why founding fathers gave it this power▫ Consider (for B and C) Money Bills start in the House. Why? Think Consider (for B and C) Money Bills start in the House. Why? Think

about pre-17about pre-17thth amendment USA. Which house was connected more amendment USA. Which house was connected more to the people? to the people?

▫ Senate has power of advice and consent (Art II Sec II). Pre-17Senate has power of advice and consent (Art II Sec II). Pre-17 thth USA which house was more “mature”? Why’d the founders do that?USA which house was more “mature”? Why’d the founders do that?

SOMETHING TO THINK ABOUT

On page 314 the book says competition AND civility are important in congress; do you agree? Explain.

The Man…or woman? Maybe? Someday?•Qualifications

▫1▫2▫3

•Experience ▫Lincoln v Buchanan and Johnson▫Obama ▫Adamses▫Second term

•Perks and Pay (328)

Journal 2/18

You get to amend the Constitution…create two more qualifications to become POTUS. Why are these important to you?

Journal 10/15

Read the excerpt from Bill Moyer’s Journal. What does Bacevich mean by imperial presidency? Why is it significant to him that power is shifting to the executive branch and how is this happening?

You can use 326 of your book to help you a little…

The Personal President•Teddy Roosevelt

(Square Deal…)▫Bully Pulpit: ▫Domestic Policy

Anti-Trust Consumer Protection Conservation

▫Foreign Policy S-A War Paternalism

•FDR (New Deal…)▫Public Policy▫Fireside Chat

•JFK (New Frontier…)•Presidential

debate•Young Advisors•A New Image

FRQ (2011)•The Constitution of the United States creates a

government of separate institutions that share power rather than a government that delegates power exclusively to a single branch. Frequently, this means that presidents and Congress struggle with each other.

For each of the presidential powers below, explain one way that congressional decision making is affected by that power.• Veto power• Power to issue executive orders• Power as commander in chief

MC Practice•In vetoing a bill, the president does which of

the following?A.A. Rejects only a part of the bill without Rejects only a part of the bill without

rejecting it entirely.rejecting it entirely.B.B. Prevents any further action on the billPrevents any further action on the billC.C. Sends the bill back to conference Sends the bill back to conference

committee.committee.D.D. Rejects all sections of the bill.Rejects all sections of the bill.E.E. Decides the bill’s constitutionality.Decides the bill’s constitutionality.

FRQ (2011)•The Constitution of the United States creates a

government of separate institutions that share power rather than a government that delegates power exclusively to a single branch. Frequently, this means that presidents and Congress struggle with each other.

•For each of the congressional powers below, explain one way that presidential decision making is affected by that power.▫Legislative oversight power▫Senate advice and consent power▫Budgetary power

Consider the following Consider the following (354-359)(354-359)1.1. How does a previous administration seem to affect How does a previous administration seem to affect

the one that follows?the one that follows?2.2. The book says the president sets himself up in the The book says the president sets himself up in the

election to be a disappointment while in office; why election to be a disappointment while in office; why is this?is this?

3.3. What are some things which affect the president’s What are some things which affect the president’s approval rating which are beyond his control? approval rating which are beyond his control?

4.4. Do you believe it’s more noticeable when Congress Do you believe it’s more noticeable when Congress is ineffective or when POTUS is? Explain.is ineffective or when POTUS is? Explain.

5.5. If Obama wins a second term how does the text If Obama wins a second term how does the text suggest he will do? Do you agree? Explain. suggest he will do? Do you agree? Explain.

6.6. During the election what promises have the During the election what promises have the candidates made you think will be impossible for candidates made you think will be impossible for them to keep? them to keep?

Journal 2/25Journal 2/25Turn to page 391. What was Ledbetter

v Goodyear about? What law did this case challenge? What was the immediate outcome of the trial? What did congress do in reaction? How is this an example of checks and balances?

Journal 2/28Journal 2/28Currently there is a Kansas gun bill

going through the state congress; if passed this bill would make it illegal for the federal gov’t to regulate guns owned and sold in KS. What’s the issue with this?

Judiciary Judiciary Supreme Court of the United States (SCOTUS)

What’s the Judicial Branch?What’s the Judicial Branch?•Supreme Court

(SCOTUS)▫Whats the

Constitution say?▫Judiciary Act of 1789

•Federal District Courts▫Trial courts▫1_____&a______

•Federal Court of Appeals▫Appeals are:▫Panel of _____

394-398394-3981. What are POTUS’ criteria for SCOTUS?2. How does POTUS use SCOTUS nominees

to boost his poll numbers?3. What’s the job of the Senate Judiciary

Committee?4. How has the committee changed

presidential consideration of justices?5. Is SCOTUS really as ‘independent’ as we

think? Explain.6. What powers does the minority party

have when it come to nominations?7. Analyze the cartoon on 398.

401-409401-4091. Why does the book suggest the wealthy

have an advantage in court?2. What role do interest groups play in

cases? Why do they do this?3. Why is it the job of the courts to define

terms?4. How does the decision making of a

restrained judge differ from that of an activist judge?

5. How might it be stated that judges make the law?

6. What’s the process for trial at SCOTUS?

Journal 3/7Journal 3/7Describe Judicial Review. This power is

implied (not in the Constitution); why does SCOTUS have it? Do you believe judicial review is constitutional? Explain.

NominationsNominations•POTUS nominates•Senate’s role

▫Advice and ConsentSCOTUS hopefuls

▫Senate Judiciary Comm.

▫Senatorial Courtesy: Judges in lower courts

The Bureaucracy

Journal 3/12Journal 3/12Your book claims that “policy making

without administration is tantamount to no policy making at all;” explain this sentiment. Do you agree?

Characteristics •Hierarchical:•Not democratic

▫1)▫2)

•Merit and seniority:•Goal is to make

‘business’ run better▫Private▫Public

Waste? Cost? Corruption?

What do Bureaucrats do? •Provide continuity:•Policy Implementation:

▫1) Policy Administration:▫2) Policy Making =

Delegated Legislative Authority

▫3) Regulation: a. Rule Making b. Adjudication

Political Beliefs

Journal 3/28• Do Americans trust the government?

• How has trust in government changed over the years?

• What factors impact trust in government?

• What occurred in trust immediately after 9/11 & why?

What’s Political Socialization? What are agents of political socialization?

Rank the following in order of the most influential to the least influential agent of political socialization.

•Peers•Family•School•Media•Political leaders•Communities

More Key Terms • Political Culture –

Widely or commonly held beliefs/attitudes within a society.

• Political Ideology –A set of principles that provides guidance on the proper behavior of government.

• Efficacy –citizen’s belief in their ability to impact government.

• Legitimacy-citizen’s belief that the government has the right to rule.

• Individualism/limited government/American dream –the individual is responsible for finding prosperity.

Political Spectrum•What’s that…?

▫Conservatism Small gov’t on economic matters Large gov’t on moral matters

▫Liberalism Large gov’t on economic (social)

matters Small gov’t on moral matters

▫Libertarianism Gov’t is ALWAYS small

• So what does it look like…?

Political Spectrum

Where are you?1. Public libraries should be able to censor libraries.2. Schools should conduct organized prayer3. Gun control is against the law4. Sex education should be abstinence only5. People should be made to plan for their own retirement;

social security has to go.6. The gov’t should NEVER regulate industry7. Abortion is legalized MURDER8. Gov’t funded school vouchers will create competition9. Arctic Nat’l Wildlife Refuge?! Who cares? Drill Baby,

Drill!!!!10.Affirmative action is illegal and out of date11.An eye for an eye! Bring on the death penalty.12.Health care should NEVER cover contraceptives13.Global warming is a myth. The warming of the globe is

natural14.If you teach evolution you should teach creationism!!

Political Political Parties Parties

Journal 4/2Journal 4/2Read the Talking Points on page Read the Talking Points on page 183. 183.

•What’s a RINO?What’s a RINO?•Why was Specter able to win five Why was Specter able to win five terms as a “RINO” in Pennsylvania?terms as a “RINO” in Pennsylvania?

•What does “big tent party” mean?What does “big tent party” mean?

American Party System• Minor “third” partiesMinor “third” parties

▫Most success in local electionsMost success in local elections▫Give issues air time…Give issues air time… Perot and Nat’l DebtPerot and Nat’l Debt Nader and Environmental issuesNader and Environmental issues

▫A “wasted” vote?A “wasted” vote?• Parties are not centralizedParties are not centralized

▫Power is distributedPower is distributed▫POTUS may be the head of the party POTUS may be the head of the party

but congressmen answer to their but congressmen answer to their constituents… constituents…

Party OrganizationParty Organization• The National Committee (Party HQ)The National Committee (Party HQ)

▫Headed by National Party ChairHeaded by National Party Chair Appointed by the party or POTUSAppointed by the party or POTUS Spokesperson for partySpokesperson for party

▫House and Senate campaign House and Senate campaign committeescommittees Recruit candidatesRecruit candidates Develop strategy Develop strategy

• State/local party organizationState/local party organization▫Committees and chairs tailor Committees and chairs tailor

activity for their levelactivity for their level

More Key Terms More Key Terms • Two Party System–Two Party System–

Only two parties have a realistic chance to Only two parties have a realistic chance to win POTUS. Different in…win POTUS. Different in…

• Single-Member Districts -Single-Member Districts -One representative per district. Lowers One representative per district. Lowers efficacy b/c:efficacy b/c:

• Winner-take-all Provision –Winner-take-all Provision –man with the most votes wins whole district.man with the most votes wins whole district.

• Proportional Representation (PR) -Proportional Representation (PR) -Opposite of W-T-A:Opposite of W-T-A:

Journal 04/02Journal 04/02How might changes such as the How might changes such as the

following help quell the influence of following help quell the influence of money on elections and law making money on elections and law making (choose one to discuss)?(choose one to discuss)?

• More Public FinancingMore Public Financing• Anonymity of big donors Anonymity of big donors • Constitutional AmendmentConstitutional Amendment• Immediate DisclosureImmediate Disclosure

Voter BehaviorVoter Behavior

Three Indicators of Voter Behavior

1) Candidates▫ Personality▫ Style▫ Indicator has become more prevalent:

2) Issues▫ More likely to vote for a candidate:▫ Issues voters more prevalent:▫ Retrospective voting:

Questions for reading…•According to the author why do campaigns

create negative ads (DO NOT SAY to get the candidate elected)?

• How does the American public respond to them and what info is gleaned from attack ads?

•Explain this quote “If people want to complain about 527s, thank McCain-Feingold”

•What kinds of things do campaigns consider when creating attack ads?

•Look up negative attack ads. Find one you think is particularly effective. Email me the link and explain why it’s effective?

Civil Rights

Due Process•In the ____Amendment DP is about:

▫ “No person shall be held to answer …for a crime…nor shall any person be subject for the same offense…twice…nor shall be compelled…to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…”

•In the _____Amendment DP is about:• All persons born or naturalized in the United States…are

citizens…No State shall make or enforce any law to abridge rights of US citizens… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws... The Congress shall have power to enforce, this law

Civil Right Act 1964Outlawed discrimination in the United

States against African Americans (including racial segregation).

What else did the law do?

JFK calls for law in a speech…Legislation “giving all Americans the right to be served in

facilities which are open to the public—hotels, restaurants, theaters, retail stores, and similar

establishments," as well as "greater protection for the right to vote."

House ActionDemocrats in House draft legislation modeled after Kennedy’s proposal – outlawing racial segregation in public places and

allowing citizens to sue for discrimination.

Members of Congress who support the bill cite Congress’s power to regulate interstate commerce (the Commerce Clause) of the

Constitution as their authority

Bill strengthened in Committee

Clause to include women

Chair Howard Smith (VA-D) a segregationist who vowed not to schedule the bill for floor

debate.

Senate ActionBill had support from Majority and

Minority leaders in the Senate and is scheduled for debate!

Strom Thurmond (R-SC)

Kennedy AssassinationThe assassination of President Kennedy occurs as the

Civil Rights Act is stalled in both the House of Representatives and the Senate.

The assassination causes sympathy for Kennedy’s cause, and the filibuster is broken.

The Conference Committee Adopted the Senate version of the bill which was stronger than the House version.

Bill went back to both chambers and passed by

large margins.

President Johnson Signs the Civil Rights Act into law July 2, 1964

A riddle for you

In 1833 Barron v. Baltimore the Supreme Court ruled that the Bill of Rights did not apply to the states.

How could this be true?

A riddle for you – More about the case

5th Amendment “due process of law”

A wharf owner in Md had his property seized by the state.

He alleged he had been denied his “Due Process of Law” rights by the state.

He lost. Because according to the Supreme Court, the B.O.R. did not apply to the states, therefore the 5th amendment due process clause did not apply to state government.

The Supreme Court Ruled

That the Bill of Rights Applied only to the National Government,

not the state governments.For Example:1st Amendment “Congress Shall Make no law..” = national congress

14th Amendment eventually changes this…

What was 14th designed to do?- provide citizenship to former slaves

How is it worded?

“No state shall deprive citizensOf life liberty or propertyWithout due process of law”

Due process clause of the 14th Amendment

Was used to “selectively incorporate”

Some (never all) of the B.O.R. to the states.

Case by case, one at a time, gradually.