Articles of Confederation- features

-one brand of govt (confederation congress)

-no president or federal court

weakness:
1) Couldn’t levy taxes
2) Sovereignty rested with indiv states
3) One vote per state
4) 9/13 had to agree to pass laws
5) Amendments had to be unanimously supported
6) Delegates chosen by state leg, paid by states, and could be recalled/placed
7) Couldn’t regulate commerce
8) No standing army
9) Dispute between states went unsettled
10) No national Executive or Judicial System

Check and Balances

Executive (president):
■ Enforce laws
Checks on Legislative: veto legislation, executive priv
Checks on Judiciary: nomination process

Judicial (supreme court):

■ Interpret laws
Checks on Executive- limiting executive priv, judicial review, judges not
ideologically bound to POTUS
Checks on Legislative: judicial review

Legislative (congress- HoR and Senate):

■ Make laws
Checks on Executive- congressional budget authority,
confirmation/oversight powers, overriding veto, impeachment
Checks on Judiciary- budgetary authority, ability to make courts,
add/subtract seats, impeachment

Federalist 51: separation of powers and checks and balances are able to control the abuse of
power by any one branch (framers ensured?)

Commerce Clause

Connecticut Compromise
-Blend of Virginia and NJ plans for a new legislative brand and create our current legislative
system
-provided for bicameral federal legislature, upper house would have equal rep from each state,
while lower would have proportional rep based on state pop

Cooperative Federalism
-authority are mixed among the national, state, and local govt
-intergovernmental lobby: mayors, governors, schools superintendent, etc
-”new federalism”: practice of returning authority from national govt to state govt. Increases state
power and puts pressure on state budgets

Differences between the govt created by the constitution and the AoC

Constitution:
-elite model: provides for elected reps that legislate on behalf of the people
-pluralist model: in order to get a law passed, both states have to compromise to get it done
-federalism

Art. o C:
-preferred weak central govt
-congress had no power to tax or regulate trade
-all 13 states must agree to an amendment
-no power to raise revenue
-no national army (shay’s rebellion)
-no national currency

Federalism
-seperation of power between the federal govt and state govt
-argued for ratification of constitution

Federalist No. 10
-against Brutus 1 that wanted a broad participatory model
-feared a powerful cent. Govt
-wanted to keep majority of power in the states

-fear = unfounded
-republican govt can gives with diversity in pop, all factions compete against one another
-such competition would protect union from tyranny and result in compromise (not interest in
one group but general welfare)
-factions cannot be removed but controlled
-if majority prevailed, minority would never be represented
-too many protections given to minority, the common good will never prevail
McCulloch v. Maryland (1819)
-established 2nd banks of the US (unconstitutional)
-under necces clause is constitutional (implied powers)
-Maryland passed legislation that would tax any non state-chartered bank
-Maryland cannot pass them

Constitutional Clauses:
Art. 1 Sec. 8- Necessary and Proper Clause (Congress can pass legislation that is “appropriate
and legit”
Art ? Supremacy clause (state cannot interfere)

Necessary and Proper Clause

-congress can make any law that is necessary and proper to its execution of their enumerated
power (power given to congress by constitution)

Social Contract Theory

-//laws are only binding when they are supported by general will de ppl
-power to govern within the hands of people (popular sovereignty)
-//give up power to a government to protect rights
-government (servants) to people (tyranny = no)

Supremacy Clause
-federal laws have greater authority than state laws

Types of Grants
1) Grant-in-Aid: money given by nation to states
2) Categorical grants: federal grants for specific purpose, “match” funds
3) Block grants: federal to state for general purpose with few restrictions
4) Revenue sharing: funding source that allows state the most autonomy
5) Mandates/conditions of aid: rules for how funding is used
6) Unfunded mandates: federal guidelines that state must comply with, but no $

United States v. Lopez (1995)

-Lopez brought a gun to school and arrested for violating GFSZA
-GFSZA is unconstitutional is too broad and congress may regulate only economic activity
-federal vs. state power
Constitutional Clauses:
Commerce clause (can regulate intrastate commerce)
Necess
Summary of Slides:

● Topic 1.1- Ideals of Democracy:

○ Limited govt
○ Balance of govt power and indiv rights
■ Natural rights (rights de God), pop sovereignty (people elect leaders that
represent them, consent of governed), republicanism (competitive
struggle for votes), social contract theory (laws are binding when they are
supported by general)
● Topic 1.2- Types of Democracy:
○ Participatory Democracy: broad participation
○ Pluralist Democracy: recognizes group based activism by non govt interest
striving for impact on political decision making
○ Elite Democracy: emphasize limited participation
● Topic 1.4- Challenges to A o C:
○ Above
● Topic 1.5- Ratification of the US Constitution:
○ Constitution was pro-slavery (could ratify through its compromises)
○ ⅗ compromise: political benefit to states that allow slavery. Inflated number of
seats in House of Rep and the electoral college.
○ Electoral College: framers distrust direct democracy, expected EC vote to be
inconclusive and HoR would choose the president
○ NC concerned that commerce Congress power lead to ban slave trade (Art. 1
Sec. 9)
● Topic 1.6- Principles of American Government
○ 7 art, 27 amend
○ Above
● Topic 1.7- Relationship Between the States and Federal Government
○ Federal Power: enumerated/expressed (given to fed by constitution), inherent
(executive powers expand upon enumerated, only POTUS can do), implied
powers (leg powers that expand upon enum but not listed in constitution)
○ State/share Power: reserved power (denied to fed), concurrent power (share by
federal/state govt)
○ Dual Federalism: authority divided among national, state and local govt
○ Cooperative Federalism: authority are mixed among the national, state, and local
govt (more above)
○ Grants/funding: above
● Topic 1.8- Constitutional Interpretations of Federalism
○ 10th amendment: protect state powers (reserved powers)
○ 14th amendment: citizenship clause, privileges/immunity clause, cannot deprive
life, liberty, property, equal protection clause
○ McCulloch v. Maryland
○