Democracy

1. Democracy • Popular Sovereignty • Liberty • Equality

2. Two Types of Democracy 1. Direct All Vote All Participate PTO

3. 2. Indirect Representative Republic Rule by elected officials Representatives Senators Congressmen

4. Founder's/Framers Thoughts Direct Democracy is Impractical Too Big Fleeting Passions of the people Easily swayed by demagogues Not educated

5. Founders Preferred a Republic Solved problems of direct democracy Mediate, not mirror Constituents

6. Representative Government Who Governs? Or Has Political Power? Elite Theories Marxist Pluralist Power Elite Bureaucratic view

7. Origins of the American Republic Influence of the Enlightenment Locke vs. Hobbes Natural Rights Social Contract Consent of the governed

8. Declaration of Independence T.J. Locke

9. Articles of Confederation Nation's first Constitution Weak! Power to tax? Chief Executive? National Judiciary? Regulation of Interstate Trade? National Currency? Shay's Rebellion Accomplishments?

10. Constitutional Convention Madison Washington Franklin Hamilton Henry Mason Gerry Federalist v. Anti-Federalist (Delegates) Property Rights # 1 Republic Charles Beard Conspiracy

11. Compromises NJ Plan VA Plan Large States Based on population 3 Branches 2 House legislature Small States One House Equal representation Each State one vote Conn Compromise Legislature (Make Laws) House (based on population) Senate(chosen by state legislature with each state having two)

12. Executive Branch Enforce and Carry out Electoral College 538 electors Reps + Senators Winner take all 270 to win Indirect election

13. Representation of Slaves South wanted for representation North wanted for tax purposes 3/5 Compromise

14. Ratification Federalist v Anti-federalist Strong Central Gov States Rights 3/4 States Needed Federalist Papers Bill of Rights Added after the Fact

15. Principles of the Constitution 1. Separation of Powers Prevent tyranny Montesquieu

16. 2. Checks and balances Made govt inefficient on purpose Appointments and Confirmation Restraints between the branches Override veto Defense funding vs Commander in Chief Treaties and Ratification

17. 3. Limited Government Bill of Rights Constitutional Govt Article 1 Sec 8 Amendment10

18. 4. Judicial Review Is a law, presidential action, etc. constitutional? Marbury v. Madison Writ of Mandamus

19. 5. Federalism National Government State government

20. Changing the Constitution 1. Informally (Defining what the Constitution means) Easier, takes less time Acts of Congress Judiciary Act of 1789 Presidential Actions Judicial Rulings Executive Agreements—WWII agreements Executive Orders—Internment of Japanese Plessy v. Ferguson Brown v. Board

21. 2. Formally Adding amendments Process reflects Federalism Proposal Ratified National Level State Level • 2/3 vote from both houses of Congress. • Const. Convention called by 2/3 of the States. • Ratifying Conventions in ¾ of the states. • ¾ of all state legislatures approve.

22. "Constitution belongs to the living, not the dead" - T.J. Informal changes allow document to adapt with times James Madison (Father of the Constitution)

23. Federalism Constitutional division of power between national and state governments. Why? More likely to check tyranny Both Unitary and Confederal systems undesirable Unity, not uniformity Allows for Differences Keeps govt. closer to the people suitable for large nation Allows for experimentation

24. Downside to Federalism Confusing Unequal resources Interest groups can block the will of the people Jim Crow laws Where does Colorado Stand?

25. Different Types Dual Federalism Layer Cake Up to 1937 State and National govt. supreme in own sphere Cooperative Marble Cake Since 1937 Mingling and sharing powers New Federalism Devolution Shifting responsibility back to the states Welfare program

26. National Powers 3 categories of Delgated powers 1. Expressed Powers (enumerated) elastic clause Necessary and proper 2. Implied 3. Inherent

27. National government obligations Republican Form Protection from invasion

28. State Powers Amendment 10 (Reserved powers to the states) establish voting requirements Vehicle code Professional licensing

29. State’s Responsibilities Full faith and credit Extradition Run Elections

30. Concurrent Powers Power to tax Power to borrow Establish Law enforcement agencies Make laws

31. National Supremacy Article VI McCulloch V Maryland National govt. supreme in case of conflict Bank was necessary and proper Power to tax is the power to destroy est. national supremacy

32. Which government should have more authority in making laws? States' Rights Arguments Strict Interpretation of federal Const. State Closer To The People 10th Amendment

33. Nationalist/Centralist Arguments Loose interpretation Elastic Clause Commerce Clause Power to tax and spend States have abused rights in the past McCulloch v. Maryland

34. Commerce clause Gibbons v. Ogden Landmark case: Interstate trade exclusive to Fed. Devolution? Gun Free School Zones Act 1995 Violence against Women Act Brady Act Background checks U.S. v. Lopez U.S. v Morrison Printz v. United States

35. Federalism and Federal Grants --Money to states to administer programs (Grants in Aid) Why? Reduces growth of federal government Supplies states with needed money Equalizes resources among rich and poor states

36. Types of Grants 1. Categorical Specific programs Strings attached Representatives prefer Mayors prefer Matching funds

37. 2. Block Grants Combining categorical More state leeway Governor likes Reps don't Devolution Revolution Used for Welfare Program 3. Revenue Sharing Reagan Nixon State free to spend on any governmental purpose

38. Mandates Funded Unfunded Rule that tells states what they must do in order to comply with federal guidlines Civil Rights Environmental issues • Hazardous materials • Safe drinking water • Americans with disabilities Act • Clean air act Written Statement: Legal Authority Cost-benefit analysis Consider Alternatives Unfunded Mandates Reform Act 1995