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Title: Constitutional Underpinnings Unit 1


1
Constitutional UnderpinningsUnit 1
  • AP US Government Politics

2
Word Association
  • Define government.
  • What ideas come to mind?
  • Define politics.
  • What ideas come to mind?
  • Do these words have a more positive or negative
    connotation in your view?

3
Can we be hopeful about politics?
4
A neutral view of politics
  • Harold D. Lasswell
  • Who gets what, when, and how. (and where)
  • All of us are political, were just not used to
    calling it that. You dont have to take a class
    to get politics. Aristotle was correct when he
    wrote, Man is by nature a political animal.

5
Political Power
  • Power ability of one person to cause another
    person to obey them
  • Authority the legal (constitutional in our
    case) right to use power
  • Legitimacy what makes the law or leader worthy
    of being obeyed (was the election fair? Is the
    leader abusing your rights?)

6
Learning Target 1A
  • Describe the role that Greek, Roman and
    Enlightenment philosophy played in the
    development American political thought and the
    creation of our founding documents

7
Ancient Greece
  • First civilization to break away from
    totalitarian rule and embrace democracy.
  • Demos means people and kratos means rule or
    authority.
  • Athenian men voted in the Assembly they used the
    secret ballot, served on committees and juries,
    and performed military service.
  • This form of direct democracy has never been
    practiced to such a full extent since.

8
Roman Empire
  • Stretching from England to the Persian Gulf at
    its peak, Rome evolved from a monarchy to a
    limited representative democracy, to totalitarian
    state.
  • Patricians (fathers) controlled the Roman
    Senate and the lower classes had their own less
    powerful representatives.
  • The Romans contributed two major achievements to
    the story of democracy a system of Codified
    Laws and a focus on Citizenship.

9
Roman Code of Laws
  • The Laws of the Twelve Tables governed the Roman
    Empire.
  • It was broken down into two parts Public Law and
    Private Law.
  • Public Law focused on the Roman state.
  • Private Law focused on the behavior of the
    individual.
  • The test of any law was what a person of common
    sense and good faith would know to be right.

10
Feudalism
  • After the collapse of the Roman Empire around 450
    A.D., a period of chaos reigned only to be
    soothed by the rise of the Catholic church in
    Europe.
  • Feudalism emerged out of this, as well as the
    Crusades, in which Christians fought to gain back
    the Holy Land in the Middle East.
  • The Lord of the Manor would rule over the lives
    of the serfs, who worked to make each manor as
    self-sufficient as possible.
  • Knights served the Lord and fought to maintain
    prestige and to protect the manor and the castle.
  • Serfs were bound to the soil and unable to gain
    any higher social standing. They were not
    educated and religious life was on the manor was
    controlled by the priest.

11
Renaissance
  • Development of intellect and curiosity through
    artistic and scientific achievement.
  • The printing press and use of the vernacular
    (native language instead of Latin) - more people
    to want to learn to read in their native
    language.
  • Sea exploration to Asia and America - exposure of
    new ideas and cultures, as well as financial
    benefit (ownership of colonies and Mercantilist
    Theory).
  • Curiosity beget more curiosity and people begin
    to question authority, especially that of the
    Pope, hence the Protestant Reformation.
  • Divine Right of Kings was questioned by
    Enlightenment thinkers such as Locke,
    Montesquieu, and Voltaire.

12
Monty Python the Holy Grail
  • Dennis the Filth Peasant Meets King Arthur
    hilarity ensues!
  • https//m.youtube.com/watch?v6ntPUq8K4wk

13
Machiavelli
  • Machiavellis name is synonymous with tough and
    dirty politics (machiavellian)
  • Author of The Prince. One of historys first
    political scientists.

14
Machiavelli Quotes
  • The ends justify the means.
  • It is better to be feared than loved.
  • By no means can a prudent ruler keep his word.
    Because all men are bad and do not keep promises
    to you, you likewise do not have to keep your
    promises to them.

15
Thomas Hobbes The Leviathan
  • Imagined what a life without government would
    look like, he painted a bleak picture in which
    there would be
  • no industry no culture no navigation, no
    imports no building no knowledge no account of
    time no arts no letters no society and
    continual fear of danger and violent death
  • and the life of man (shall be) solitary, poor,
    nasty, brutish, and short.
  • aka The Purge (?)
  • One absolute ruler would take care of all, and by
    agreeing to be governed, you agree to the rules
    made by the ruler - give up freedom for safety
    and protection

16
Social Contract Theory
  • The only valid government is one based on the
    consent of the governed. John Locke
  • Rulers and citizens enter into an agreement, or a
    social contract which can changed or abolished if
    the ruler abuses the people
  • Government by the people, masses
  • Enlightenment view of natural law which gives
    one the right be free because we were created by
    God
  • The ruler should protect God-given rights. But
    what if the social contract is broken? Must man
    obey the ruler?

17
Lockes influence on the US
  • Governments are instituted among Men, deriving
    their just powers from the consent of the
    governed, --That whenever any Form of Government
    becomes destructive of these ends, it is the
    Right of the People to alter or to abolish it,
    and to institute new Government, laying its
    foundation on such principles and organizing its
    powers in such form, as to them shall seem most
    likely to effect their Safety and Happiness
  • Thomas Jefferson, Declaration of Independence
  • The King and Parliament broke the social
    contract so it made our revolution, in our view,
    morally and politically right.

18
Declaration of Independence
  • https//www.youtube.com/watch?vjYyttEu_NLU
  • Morgan Freeman and other Hollywood folks read the
    Declaration in dramatic fashion!

19
Learning Target 1B
  • 1B - Explain the following concepts and identify
    multiple examples of each concept throughout
    history
  • separation of powers
  • checks and balances
  • popular sovereignty
  • limited government
  • federalism
  • judicial review
  •  

20
Madisonian Principles of Govt in the Constitution
  • Checks and Balances a system where branches
    have some authority over others as a way to avoid
    one branch from becoming to tyrannical
  • Federalism division of power between central
    (national) government and individual states
  • Judicial Review The Supreme Courts power to
    declare actions by the legislative or executive
    branch, or an individual state, unconstitutional

21
Madisonian Principles of Govt in the Constitution
  • Popular Sovereignty power to govern belongs to
    the people, govt based on the consent of
    governed
  • Limited Government govt is not all-powerful,
    and it does only what citizens allow
  • Separation of Powers division of govt between
    branches executive, legislative and judicial

22
Can the masses govern effectively?
  • Direct Democracy citizens create/vote on laws
  • Problems
  • 1. Impractical for reasons of time, expertise
  • How do you get 300 million people to vote
    multiple times per day on issues they no nothing
    about?
  • 2. Masses of people make unwise decisions based
    on emotions (rememberthe Nazis and Hitler were
    elected fair and square!!)
  • The masses are turbulent and changing and seldom
    judge or determine right. -Alexander Hamilton

23
Representative Democracy (Republic)
  • Citizens elect representatives to governmental
    positions
  • Govt is the MEDIATOR between multiple viewpoints
  • Will of the people (WotP) ? Common interest
    (CI)
  • EX. (WotP) Congress shouldnt spend so much money
    our debt is too high already!!
  • vs. (CI) BUTthe Brent Spence Bridge on I-75
    needs to be rebuilt because it is a main artery
    of US commerce.
  • Reps are educated on issues by other Reps.,
    staffers, lobbyists and constituents.
  • Good News/Bad News - Prevents fast, sweeping
    changes
  • More Good News/Bad News - Minority rights more
    likely to be protected

24
What makes a Democracy?
  • Urofskys Root Principles of Democracy
  • argues that there are 11 principles and 3
    overarching themes that contributed to the
    evolution of American democracy

25
Learning Target 1C
  • 1C - Differentiate among the following theories
    of governance and debate their merits and
    shortcomings
  • Pluralist
  • Elite
  • Hyperpluralist
  • Marxist
  • Bureaucratic
  • Majoritarian
  • Trustee vs. Representative model
  • Politico (not the website)

26
Pluralism
  1. Modern society consists of many groups (ex.
    Economic, religious, cultural, ethnic.) that
    compete with each other to achieve goals
  2. Groups that influence govt, work hard, and have
    largest membership get what they want
  3. Even if the average citizen does not keep up with
    politics, their interests will be protected by
    their group. (EX. The NRA protects all gun
    owners not just their members many folks are
    free riders.)
  4. Groups must COMPROMISE to achieve goals

27
Pluralism
28
More on the Pluralist view
But on the other hand
We are pluralist because
  • Relatively low numbers of people join interest
    groups.
  • Poor citizens have less opportunity to join
    interest groups or contribute to them.
  • One cant assume that group decisions are always
    in the best interest of the nation.
  • There is no unified majority in the US that
    always acts together.
  • Govt leaders must please groups to gain votes
    and money to be reelected.
  • Groups must compete for govt services and
    favorable laws.

29
Elite Theory
  • Those who control the economic system control the
    political system and the citizenry.
  • Politicians require massive funding to win
    elections, and rely on corporations to supply
    them. Lawmaking is influenced by cash as well.

30
Elitism in Politics
  • Elitism is constitutional
  • But then again.
  • Inequalities in wealth do not give everyone a
    fair chance to compete in the marketplace of
    ideas.
  • Only those with the most money can have their
    ideas heard and good ideas are often silenced as
    a result.
  • Limiting the influence of corporate money in the
    political process protects the rights of the
    minority, in this case, those without large sums
    of cash to donate.
  • CENTRAL QUESTION
  • Is the Supreme Court right to interpret use of
    money as a form of free speech?
  • Free speech is a First Amendment right giving
    your hard earned money to a candidate or company
    is a form of free speech your money does the
    talking.
  • Corporations have the same free speech rights as
    individuals (Citizens United v. FEC 2010).
  • Whether you buy a Big Mac or an iMac, you are
    implying you support the company and their
    business practices with your purchase. Your
    money does your talking.
  • In a capitalistic free market society, government
    should not interfere with the marketplace.

31
Hyperpluralism
  • Pluralism on steroids
  • Too many competing voices total results in
    gridlock of government
  • Society lacks the cohesion necessary to force
    compromise
  • Impossible to agreupon what is in the common
    interest so consequently, very little gets done

32
Marxism
Friedrich Engels (l) and Karl Marx (r) The
League of Distinguished Bearded Gentlemen
33
Marxist Theory
  • More of an economic and sociological theory, it
    argues that government operates to benefit the
    business owner (bourgeoisie) at the expense of
    the worker (proletariat)
  • Sees class struggle as history's driving force
    the haves vs. have-nots
  • Sees capitalism-based elitism as antithetical to
    true democracy
  • Think of the Occupy Wall Street movement

34
Bureaucracy
  • Large, complex organization of appointed, not
    elected, officials.
  • bureau French for small desks, referring to
    the kings traveling business men who set up
    small desks in town squares
  • Bureaucracy government of small desks

35
Max Weber
  • Famous early 20th century economist, German
  • Bureaucracy well organized, complex machine
    that is a rational way for society to organize
    its business

36
Weber Bureaucratic Theory
  • Characteristics
  • Hierarchical authority structure chain of
    command
  • Task specialization individuals have unique
    jobs, division of labor
  • Extensive rules clear policies for the
    organization to follow
  • Clear goals clearly defined mission
  • Merit principle hiring and promotion based on
    qualities, no jobs for favors
  • Impersonality performance judged on
    productivity

37
Majoritarian Theory
  • Argues that leaders are forced to follow the
    wishes of the people because majority rules
  • There are more of us (the voters) than of
    them (the politicians)
  • The classical theory of democracy in which
    government by the people is interpreted as
    government by the majority of the people

38
Edmund Burke
  • an Irish political philosopher, writer,
    parliamentarian and intellectual
  • changed his views often throughout his life
    from anarchism to traditionalist conservatism.
  • he is claimed by people on both the left- and
    right-wings as one of their own
  • Trustee/Delegate model

39
Delegate/Trustee/Politico
  • Delegate Model - Legislators should adhere to the
    will of their constituents, even if they disagree
    with them
  • Trustee Model - Legislators should consider the
    will of the people but act in ways that they
    believe are best for the long-term interest of
    the nation
  • Politico Model - Legislators should follow their
    own judgment (that is, act like a trustee) until
    the public becomes vocal about a particular
    matter, at which point they should follow the
    dictates of constituents

40
A Reminder
  • These are only theories. They are peoples
    perception of our democracy and the way it
    functions.
  • Which theory is correct???
  • Pluralist most popular today
  • Majoritarian popular pre-1950s
  • Elite increasing (especially after the Citizens
    United case)
  • Bureaucratic govt spending more than ever
    before just to run itself not going away any
    time soon
  • ex. - Department of Homeland Security was
    developed after 9/11.
  • ex. - When Obamacare comes to full fruition,
    bureaucracy will get even bigger and more
    specialized
  • ALL ARE CORRECT OR INCORRECT DURING DIFFERENT
    HISTORICAL ERAS.

41
Learning Target 1E
  • 1E Outline the arguments for independence as
    presented in the Declaration of Independence (and
    the film 1776)

42
British Colonial Rule
Unitary System all power flows from one central
government
Powerful British Government
Political Subunits (Colonies)
43
Declaration Outline
  • Introduction - When in the course of human
    events
  • Preamble We hold these truths Social
    Contract theory natural rights/law
  • Indictment (accusations) He has
  • Denunication - Nor have we been wanting
    criticism of lack of British support to
    peacefully negotiate
  • Conclusion We, therefore include s the
    Virginia Resolution on Independence (shown in
    film)

44
Learning Target 1F
  • 1F - Delineate the strengths and weaknesses of
    the Articles of Confederation and why, to a large
    degree, it was abandoned

45
Articles of Confederation
1781 1789 RIP
Confederate System power concentrated in
political subunits (states) with a weak central
government (typically unite for a common goal)
46
Articles of Confederation
  • 1781-1789
  • Original American govt system
  • Weak central govt
  • Individual and state liberties not threatened
  • No executive (they hated kings)
  • Confederacies are usually unstable

47
A of C Weaknesses
  • Article II Each state retains its sovereignty,
    freedom, and independence. Govt has no control
  • Unicameral Congress (one house) with one vote per
    state
  • Supermajority (9 of 13) to pass a law
  • Supermajority (13 of 13) to amend
  • No Executive (No President), no central authority
  • No Federal Judiciary (No Supreme Court), no
    central law
  • No control of taxation, commerce between states
    or with foreign nations, money system

48
Shays Rebellion
  • Colonies were in debt after the war, central
    govt tried to raise taxes
  • Farmers in western Massachusetts rebelled against
    tax they could not afford
  • Rebelled against foreclosures, forced judges out
    of court, freed debtors from jail
  • Showed that national govt was weak, needed to
    seek a stronger national govt

49
Learning Target 1G
  • 1G - Describe the major revisions that were made,
    and the compromises that were struck, at the
    Constitutional Convention. What were the great
    silences what was left out? Why?

50
The Constitutional Convention
  • 1787
  • Revising the A of C
  • Demographics of Delegates
  • -55 delegates (none from RI)
  • -33 Lawyers
  • -half were college graduates
  • -7 former governors
  • -7 plantation owners
  • -8 business leaders
  • -age 26-81 (avg. age 42)
  • -all male, all white

51
Two Revision Plans
  • Virginia Plan
  • Favored large states
  • Strong central government
  • Bicameral (two house) legislature larger house
    elected by the people (House of Representatives,
    and a smaller house that was selected by larger
    house (Senate)
  • (This would change in the 17th Amendment)

52
Two Revision Plans
  • New Jersey Plan
  • Agreed with strong central governmentBUT
  • Congress would be unicameral (one house) with
    states having equal votes
  • Did not want large population states to dominate
    the legislature

53
Great Compromise
  • A bicameral legislature in which the House of
    Representatives membership apportioned according
    to the state populations, plus 3/5 the slave
    population
  • An upper house, the Senate, which would have two
    members from each state, elected by the state
    legislature (popularly elected today)

54
Three-fifths Compromise
  • Agree to allow the South to count 3/5 of the
    slave population in each state to balance the
    power of North and South

55
Constitution
Federal System powers are divided and/or shared
between state and central governments (Current
govt designed by framers)
Central US government
State governments
56
Or the Venn Diagram
WDC
Both
Frankfort KY
57
Amending the Constitution
  • Meant to be difficult
  • Require action from national and state gov
  • Amendment proposed by 2/3 vote in each house of
    Congress and ratified (accepted) in at least ¾ of
    state legislatures

58
Fed vs. Anti-Fed
  • Ratification formal approval
  • Federalist in favor of adoption of US
    Constitution creating a federal union and strong
    central government
  • Anti-Federalist opposed to ratification in
    1787, opposed to strong central government

59
Federalist Papers
  • Annoyingly hard to read
  • Best political theory ever written in US
  • Written by Alexander Hamilton, James Madison, and
    John Jay
  • Publius
  • Convince public for ratification

60
Federalist 10FACTION
  • Madison addresses biggest fear of govt
  • Faction a group in a legislature or political
    party acting together in pursuit of some special
    interest (think fraction ½, 1/3, etc)
  • Founding fathers were concerned that our
    government would be ripped apart
  • Madison defends our national Constitution

61
Federalist 10 FACTIONS
  • Separation of Powers check the growth of tyranny
  • Each branch of government keeps the other two
    from gaining too much power
  • A republic guards against irresponsible direct
    democracy or common passions
  • Factions will always exist, but must be managed
    to not destroy the system.

62
Federalist 51
  • Madison said factions will always be present and
    that the only way to counteract the effects of
    factions is to have numerous factions.
  • Even if individuals mingle with other members of
    the same social groups, ideals, and goals, no
    faction can become large enough to overthrow all
    other factions in a well-run democracy.
  • If men were angels, no government would be
    necessary.
  • Ambition must be made to counteract ambition.

63
Federalist 78
  • Hamilton says that the Judiciary branch of the
    proposed government would be the weakest of the
    three
  • It had "no influence over either the sword or the
    purse, ...It may truly be said to have neither
    FORCE nor WILL, but merely judgment."
  • Federal judiciary has the power to determine
    whether statutes are constitutional, and to find
    them invalid if in conflict with the
    Constitution.
  • This principle of judicial review was affirmed by
    the Supreme Court in the case of Marbury v.
    Madison (1803).

64
Anti-Fed Response
  • Central govt would threaten liberty
  • Aristocratic tyranny could happen
  • States power was too limited (as compared to A of
    C )
  • Demanded a guarantee of individual rights and
    liberty

65
Bill of Rights
  • 10 amendments to the Constitution (originally 12
    - 2 of them didnt get ratified)
  • guaranteed individual freedoms and rights
  • limited power of national government, guaranteed
    rights to states
  • Ratified in 1789, Bill of Rights added 1791

66
Learning Target 1H
  • 1H - Differentiate between the Necessary and
    Proper Clause and the Reserved Powers Clause
    (and the other names they go by) of the U.S.
    Constitution and explain the fundamental
    contradiction between these two concepts as
    debated by Alexander Hamilton and Thomas
    Jefferson.
  • SOCRATIC SEMINAR DISCUSSION IN CLASS

67
Learning Target 1I
  • 1I - Explain the conceptual differences of the
    following terms related to Federalism and how we
    see these play out in todays political climate
  • Dual Federalism
  • Cooperative Federalism
  • Devolution
  • Grants-in-aid (Block and Categorical)
  • Mandates (especially unfunded mandates)
  • Revenue sharing

68
Disaster Relief
  • Whos job was it to clean up New Orleans and the
    rest of the coast after Katrina?

69
No Child Left Behind
  • Should the national govt step in to regulate
    school performance?

70
What is Federalism?
  • Federalism Two or more governments exercise
    power and authority over the same people in the
    same territory
  • OR the relationship between the federal
    government (circle) and the state governments
    (squares)

71
Constitution
Federal System powers are divided and/or shared
between state and central governments (Current
govt designed by framers)
Central US government
State governments
72
Or the Venn Diagram
WDC
Both
Frankfort KY
73
Federalist 51
  • Defends the Constitution
  • Explains why a strong govt is necessary
  • If men were angels, no government would be
    necessary. If angels were to govern men, neither
    external nor internal controls on government
    would be necessary.
  • Defends separation of powers between state and
    national govt

74
Powers
  • Delegated Powers (enumerated powers) powers
    specifically given to Fed govt by Constitution
    (Article I Section 8)
  • Reserved Powers powers reserved, or set aside,
    to the states (10th Amendment)
  • Concurrent Powers shared (middle of the Venn)
  • Prohibited Powers denied from both (Article I
    Sections 9 10)

75
Elastic Clause
  • Aka Necessary and Proper Clause or Implied
    Powers Clause
  • Art. I, Sec. 8, Cl. 18 - "The 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."
  • Impossible to predict all powers Congress will
    need to function, sometimes we might have to
    allow Congress extra powers to fulfill their
    delegated powers

76
McCulloch v. Maryland (1819)
  • Background
  • Bank of the US operated in Maryland
  • Maryland did not want BoUS to operate in state,
    competition unwanted, unfair
  • Maryland taxed the bank to put it out of business
  • McCulloch, BoUS employee, refused to pay the
    state tax

77
McCulloch v. Maryland (1819)
  • Is a Bank of the US Constitutional?
  • Remember, this is the same bank Hamilton lobbied
    for!
  • YES. The national govt has certain implied
    powers that go beyond delegated powers. US needs
    a national bank (implied power) for borrowing,
    lending, holding minted money, etc. (delegated
    powers)

78
McCulloch v. Maryland (1819)
  • Can a state tax the federal govt?
  • -NO. The federal govt is supreme. Since the
    BoUS is constitutional, only the feds may tax it.
  • -John Marshall reaffirmed both the Supremacy
    Clause and Elastic Clause
  • -National (Federal) Gov gets STRONGER

79
Commerce clause
  • Art. I, Sec. 8, Cl. 3 The Congress shall have
    power - To regulate commerce with foreign
    nations, and among the several states, and with
    the Indian tribes.
  • Congress has used the elastic clause to stretch
    this power
  • What is commerce? Buying and selling of goods
    and services.
  • Congress given the power to regulate commerce
    between foreign countries and US as well as state
    to state they control business law.

80
Gibbons v. Ogden (1824)
  • 1824 aka The Steamboat Case
  • Ogden received a NY state licensed monopoly to
    run a ferry across the Hudson River
  • Gibbons also saw the potential of the traffic
    between NJ and NY and obtained a federal license.
  • Ogden sued saying he had the valid NY state
    license, even though Gibbons had US license

81
Gibbons v. Ogden (1824)
  • Result Gibbons wins
  • Expanded national power in all areas of commerce
    law because the federal government overruled the
    state in interstate trade issues
  • Again, the Fed Govt gets STRONGER
  • All trade today is primarily controlled by
    national law

82
Commerce Clause
  • Who cares? Why is it important?
  • Gibbons v. Ogden ruling makes a loop hole giving
    Congress power to take control over any issue
    involving the movement of people, or things
  • Health care? Controlled substances? Pollution?
    Education? What else?
  • Fed govt power increased GREATLY
  • But Congress has overreached at times

83
United States v. Lopez (1995)
  • 1995 Gun Free School Zone law banned
    possession of a firearm within 1000 feet of a
    school - 12 year old Lopez carried a gun on to
    the property
  • Declared law unconstitutional nothing to do
    with commerce carrying a weapon through a
    school zone is too much of a stretch for
    commerce
  • LIMITED National government power Congress
    couldnt use the commerce clause as a way to
    restrict guns

84
Gonzalez v. Raich (2005)
  • Controlled Substance Act (1970) US gov
    regulates the manufacture, importation,
    possession, and distribution of certain drugs
  • Medicinal marijuana was legalized in California,
    but illegal to US government. Raich argued
    commerce clause should not take effect because 1)
    there were no business transactions and 2) there
    were no state border issues.
  • Supreme Court ruled 6-3 against Raich saying that
    the federal government could trump state laws
    that permitted medicinal marijuana
  • Will the Feds go after Colorado Washington?

85
2 Federalisms?
  • OLD SCHOOL Dual Federalism prior to 1932
  • Federal and state governments remain dominant in
    their separate spheres of influence boundaries
    of power respected (mostly)
  • Gibbons v. Ogden proved life is not that simple
  • NEW SCHOOL Cooperative Federalism after 1932
    the New Deal
  • State and Federal governments work together to
    solve complex problems after the New Deal

86
2 Federalisms
  • TWO METAPHORS
  • Dual Federalism Layer Cake

Federal
State
  • Cooperative Federalism Marble Cake

87
Federalism Cake Boss
  • Dual Separate Distinct Marble Variegated
    Integrated

88
Fiscal Federalism
  • Fiscal means
  • Q How do you get the states to do things they
    normally wouldnt do?
  • A Money
  • Q What is the answer to any question ever
    asked?
  • A Money

89
Grants-in-Aid
  • Money paid from one level of government to
    another to be spent for a specific purpose
  • Categorical Grants - target specific purposes and
    strings attached. (States receive highway funds
    if state raised age to 21 and lowered BAC to .08)
  • Block Grants given for broad, general purposes
    and allow more flexibility and discretion on how
    the money is spent (ex. welfare reform,
    education, law enforcement)

90
Mandates
  • A federal requirement that a state undertake a
    specific activity or provide a service
  • Most mandates apply to Civil Rights and the
    Environment
  • Often times the states or local govts have to
    pay the bill of the mandate set by Congress
    unfunded mandates

91
Devolution
  • Devolution is the return of power to the state
    governments
  • Idea is fueled by distrust of the federal
    government and the desire to save money by
    reducing the size of the bloated federal
    government
  • Governors and Mayors really like this gives
    more local control

92
Devolution Example
  • Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996
  • Eliminated welfare and transferred the money to
    states as block grants
  • States received wide latitude on how to
    administer workfare but with the knowledge that
    Congress was counting on anti-poverty spending
  • Strings attached head of family must work or
    lose benefit lifetime benefits limited to 5
    years unmarried mother lt 18 only receive if
    stay in school and live with adult immigrants
    ineligible for 5 years

93
Federalism is good
  • Living under 2 governments is great
  • Built on compromise, promotes unity
  • Govt duties can be split up
  • Brings govt closer to people
  • Allows for state govt to address issues in
    unique regions of the country
  • Allows states to experiment with policy before
    enacting it at the federal level Ex. Vermonts
    free health care for children or Masschusetts
    health care (which is what Obamacare is based
    upon)

94
Federalism is bad
  • Living under 2 governments is bad
  • States can impede progress of Nation
  • States are unequal
  • States have different policies
  • Easier for states to be dominated by interest
    groups than a whole nation
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