Lecture Notes on US Government

Chapter 2 - Constitutional Foundations The constitution: LEJSASR 1. Legislative Branch 2. Executive Branch 3. Judicial Branch 4. States’ relationship to national government and each other; citizenship 5. Amendments 6. Supreme law of the land 7. Ratification Mnemonic: The Constitution: Leaves Every Judge Single And Seeking Romance (LEJSASR) Constitution: short and brief, same for 230 years, amended 10 times with the bill of rights and 17 amendments, - flexible, adaptive: helped it last, not so rigid, they only created a frame - only 7 articles (mentioned above) Natural law: defines right from wrong; higher than human law/ symbolic value, revered - widespread acceptance almost immediately Father of constitution: James Madison Constitutional Structure of American Government ● Framers’ fear of majority rule (why they created it, basically) ● They feared that the ● “if men were angels, no government would be necessary” ● feared an autocracy and tyranny ● efficiency and order were important as was liberty ● influenced strongly by John Locke (humans naturally born good) - SEPARATION OF POWERS: tyranny of the majority (prevention was framers’ goal) intrinsic value of dispersion of power (John Locke, Montesquieu) colonial government (trial and error with concentration of power - if separated power it would be more balanced for experiences with their colonies) ● - CHECKS AND BALANCE ambition to counteract ambition each branch has power to check the others each branch is politically independent - staggered elections ensure that voters win control over one part of government at a time (representative 2yrs (set up on size of state), senator (2 per state) 6yrs, president 4yrs) National political parties and interest groups: - partisanship (a division within the nation and leads to less compromise) - divided government (one party controls congress, while the other party controls the white house;;;;;; congressional oversight of the executive branch;;;;;;; lots of blame and back and forth); less productive governing - unified government (one party controls both houses of congress and the white house); usually more effective --- current ELECTORAL COLLEGE: - intended to provide a buffer against the “whims of the masses” - electoral votes usually follow the popular vote, with exceptions (2016, 2000) - not illegal to cast a vote for someone else CHANGES IN TECHNOLOGY: - televised government - instant communication and polls - popular appeals from president (president has a direct line to the people_ - increased power of interest groups and wealthy individuals. GROWTH OF PRESIDENTIAL POWER: - global problems create crisis for US and lead to concentration of power in executive - political justifications (the president’s role as commander in chief; the need to provide for the nation’s defense). JUDICIAL REVIEW AND CONSTITUTIONAL INTERPRETATION - (1)ORIGINS OF JUDICIAL REVIEW - (2)MARBURY V MADISON 1. many other nations have adopted the american system of judicial review - role not explicitly stated in the constitution (constitutional or unconstitutional) - The Supreme court has the final say, powers have evolved as the constitution doesn’t say specifically. - FEDERALISTS supported a strong role for federal courts, favored supreme court for interpreting constitution - JEFFERSOBIAN REPUBLICANS (later democrats), preferred giving priority to state legislatures 2. election of 1800, John Adams-current-(Federalist) defeated by Thomas Jefferson (Jef republican)- won white house and congress the Jef republican; - federalists were determined to control the judicial branch, created 42 nds judgeships. “packing” those courts with loyal federalists - since they lost control of legislative and executive branches (packing the court - putting people with people of their own party) - William Marbury v James Madison - Judges appointments approved - Commission: this is your job and thats what you gotta do - Marbury has right to commission, SUPREME COURT DIDNT HAVE THE POWER TO - It wasn;t the job of the supreme court to judge this: shouldnt have the power to give orders to - EQUAL TO AND INDEPENDENT OF CONGRESS - ******REVIEW LAWS AND SAY WHAT STAYS AND WHAT DOESNT CONTINUED COMPARING IT TO CONSTITUTION**** - Marbury wanted the supreme court to do something that they shouldn’t have the power to do according to the constitution, thus reviewed and ended the ‘mandate’ marbury claimed that had their power. 2.3CHANGING THE LETTER OF THE CONSTITUTION ● ● - less than 5,000 words without micromanaging, is brief and no specific - no need to often amending CONGRESSIONAL ELABORATION: legislation created by congress to adapt the constitution to current needs (Acts such as Affordable Health Care Act, it’s ok to just make laws as long as constitutional) PRESIDENTIAL PRACTICES: executive privilege (confidential communication; ex national security)(propose legislations to congress)(issue executive orders) executive orders carry the full force of law but don’t require congressional approval and can be banned through supreme court’s judicial review or the president can take it away; CAN BE CHALLENGED IN COURT. (2017 travel bans, 1942 japanese internment camps) JUDICIAL INTERPRETATION - marbury v madison (1803) establish judicial review - ORIGINALIST APPROACH(dead,locked): interpret the exact way it was written. the constitution has to be interpreted exactly as the framers intended it. interpreted as they were understood at the time they were written. a gen x approach. - EVOLUTIONARY APPROACH(living): believe that it’s supposed to evolve as a country’s needs evolve. overriding original intentions; constitution as a framework. constitution changes over time and adapt to new circumstances. a rational approach. OFFICIAL AMENDMENT PROCESS ● PROPOSE AMENDMENTS BECAUSE: - dissatisfied with slow congress - dissatisfies with supreme court ruling ● - TWO METHODS OF PROPOSING AMENDMENTS: two-thirds vote of both houses (legislative branch) : 31 amendments proposed using this method, 27 were ratified constitutional convention (never used) ● - HOW TO RATIFY (APPROVE) AMENDMENTS go to the states after proposed - legislature decides ⅔ legislative approval at state level (34 states) special ratifying conventions in ⅔ states (once) - must take place within “reasonable time” (7 years) 27th amendment took 203 years congressional pay raises during session CHAPTER 3 vocab: DELEGATED POWERS: powers given to the national government ENUMERATED POWERS: powers that are specifically given to a branch of the national government; sometimes called express powers. IMPLIED POWERS: broad and unwritten powers that congress uses to carry out its enumerated powers. INHERENT POWERS: broad and unwritten powers of the national government essential for protecting the nation from domestic and foreign threats. an unwritten extension of the take care clause that presidents occasionally use to claim authority to take action without congressional or judicial authority. SUPREMACY CLAUSE: contained in article IV of the constitution, the clause gives national laws the absolute power even when states have enacted a competing law. PREEMPTION: a policy of taking action before the US is attacked rather than waiting for provocation (in foreign and defense policy) COMMERCE CLAUSE: the clause in the constitution (Article !, section 8, clause 3) that gives congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. NATIONAL MANDATES: requirements the national government imposes as a condition for receiving national funds. RESERVE POWERS: all powers not specifically delegated to the national government by the constitution. the reserve power can be found in the tenth amendment to the constitution. CONCURRENT POWERS: powers that the constitution gives to both the national and state governments, such as the power to levy taxes. FULL FAITH AND CREDIT CLAUSE: the clause in the constitution (article IV, section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid. CONFEDERATION: a constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its power and do not give it direct authority over individuals. FEDERALISM: a constitutional arrangement in which power is distributed between a central government and states, which are sometimes called provinces in other nations. Both the national government and the states exercise direct authority over individuals. DEVOLVE: to return national powers to the states. CENTRALISTS: people who favor national action over action at the state and local levels. DECENTRALISTS: people who favor the state or local action rather than national action. STATES' RIGHTS: powers expressly or implicitly reserved to the states. CONSTITUTIONAL FOUNDATION OF FEDERALISM - IDEA THAT WE HAVE POWER DIVIDED INTO TWO DIFFERENT LEVELS (FEDERAL GOVERNMENT AND STATES) - THREE TYPES OF DELEGATED POWERS: ● ● ● enumerated powers such as power to coin money (written down, black and white) implied powers such as the power to pass a budget (understood without being directly stated, necessary) inherent powers; broad, unwritten poems such as the power to monitor the internet for terrorist messages. (not related to enumerated and implied; nowhere stated in constitution or law; things that we know the government must handle) NATIONAL GOVERNMENT SUPREME OVER STATES (DELEGATED POWERS) - SUPREMACY CLAUSE; constitution is a supreme law of the land. - providing the foundation for preemption of state laws (create laws that are above the standards of the federal government but not below) - national laws trump state laws. - COMMERCE CLAUSE; ability to orchestrate business done between states - power to regulate interstate and foreign commerce - has been used to justify regulating a wide range of activities - affordable care act 2012 - WAR POWER - POWER TO TAX AND SPEND POWERS RESERVED TO THE STATES (RESERVED POWERS) - all powers not granted to the national government states use these powers to create schools and local governments CONCURRENT POWERS (between national and state governments) - shared powers with national government (i.e.: taxation) STATES PROHIBITED FROM: - making treaties with foreign countries - coining money (every state had different money currencies) - taxing imports and exports - raising their own armies or building navy ships - engaging in war FRAMERS DID GIVE STATES AUTHORITY TO FORM MILITIAS - governors ordinarily command the National Guard, but the president can order the National Guard to act in emergencies or in war. FULL FAITH AND CREDIT CLAUSE: - establish to regulate how states deal with each other - encourage states to work together requires states to honor other states’ legal contracts. If you are married or divorced in one state, for example, you are considered to be in all 50. interstate privileges and immunities: states must give citizens of all other states the privileges and immunities they grant to their own citizens extradition: otherwise a state could become a haven for unwanted criminals interstate compacts: teacher’s license of Florida being recognized in Georgia, but not in New York. UNITARY SYSTEM: central government holds all power CONFEDERATIONS: constituent units are sovereign; independent mostly but occasionally come together. DUAL FEDERALISM: strict separation of powers between national and state governments (favorite form of government until 1930’s); parallel ruling COOPERATIVE FEDERALISM: more flexible relationship between national and states governments; work together to address goals such as education or health care (James William) McCulloch v. Maryland (1819) - congress established a bank of the US in Maryland, but the state opposes having a bank within their borders. - dispute over division of federal-state power (settled in the courts; 94 federal courts, 13 appellate courts - course of appeal; state courts.) cases start at the district level and then federal courts and then supreme court (hard asf) - SUPREME COURT SERVES AS A REFEREE WHEN IT COMES TO FEDERALISM; - marshall’s opinion: no state can tax the national government; supreme law of land - implied national powers - power to create a bank because it was necessary and proper to fulfill their delegated powers. - national supremacy: supremacy clause, national > states - unified national economy: only one currency and economy for the whole country - first court case ruling federalism issue. FOURTEENTH AMENDMENT: (formerly enslaved persons but not specified) - due process: - equal protection: cannot deny life, liberty, property PREEMPTION: - state law cannot conflict with national law - rationale: uniform application of rights and liberties. ● - GIBBONS V. OGDEN (1824) which government has ultimate authority to regulate interstate commerce promoted national economy NY had the right to issue licenses only within NY state, not outside commerce clause “intercourse among the states” broad interpretation of commerce clause (in special in 1930s n 1990s) gave significant power to congress even if federal government infringed states’ activities they would rule in favor of it “marijuana policy” as most recent example; federal government is pretending it doesn’t exist in some states. 1990s- early 2000s supreme court ruling in favor of states: United States v. Lopez (1995); printz v. US; gonzalez v Oregon. ● ● US v. Lopez (1995): made illegal de possession of guns nearby schools; CC to prohibit possession of firearms within 1000ft of school; policing is left up to states Printz v. US (1997): federal government couldn’t require state officials to perform federal functions (state employees: public school teachers, dmv, etc). CANNOT FORCE THEM TO DO FEDERAL FUNCTIONS ● Gonzalez v Oregon (2006): federal government did not have the authority to regulate legal drugs used for physician assisted suicide LIBERAL SHIFT ● Obegerfell v Hodges (2015): same-sex marriage; 14th amendment. ● Whole women’s health v. hellerstedt (2016): reproductive rights infringed, “undue burden” on woman’s right to obtain abortion ● MOST SIGNIFICANT SUPREME COURT SCOTUS DECISIONS OF RECENT YEARS REGARDING FEDERALISM: - NATIONAL FEDERATION OF INDEPENDENT BUSINESS AT AI V SEBELIUS (2010): ObamaCare; does the necessary proper clause provide authority to national government to order states to expand their medicaid program? no/////// does CC (commerce clause) provide authority to order individuals to buy health insurance? no; it forced people to be insured to not be fined and that can’t be done (Affordable care act) CENTRALISTS VS DECENTRALISTS (FEDERALISTS VS ANTI-FEDERALISTS) - CENTRALIST believe national government should exercise its power to the fullest. Lincoln, Roosevelt, FDR, Johnson, Supreme Court until 1990s - DECENTRALISTS believe government power should be narrowly defined. Jefferson, Reagan, Bush, conservative Supreme Court justices; center of the fight against school integration in 1950s and 1960s// devolution revolution: returning power to the states, declared by Bill Clinton has fallen short - NULLIFICATION: votes not legal; ignore national law, unconstitutional; used to strike down federal policies. stand as a demonstration/protest. FEDERALISM PROS: - protects the nation against tyranny as it allows power to be divided between two levels of government. - allows unity without uniformity - produces innovation; allows states to be the laboratories of democracy: they can start making regulations and the federal government can learn what works and what doesn’t. - gives new leaders a chance to grow; people start off in the lower positions and then go up. - promotes public trust FEDERALISM CONS: - creates confusion about responsibility - weakens accountability; hurricane katrina - create inequality; gun laws ● - IMPACT OF FEDERALISM growth of the national government (civil war and great depression) - future of federalism: greater roles of state government, national government unlikely to assume a more limited role (terrorism, covid, and others require national response// americans’ approval of the national government remains a challenge) CHAPTER 10 - CONGRESS Constitutional foundations and functions of Congress Capitol: divided into house and senate + a central room ● Article I, section 8: their power BICAMERALISM: 2 house legislature ● HOUSE AND SENATE - committee structures; legislative rules; records; rules for own members - can lose position/be impeached ● The framers were convinced that the legislative authority has the greatest power in the government (gave congress more than enough authority to lead the nation but also checked the powers to prevent tyranny) ● - ENUMERATED POWERS: to raise, make, and borrow money to regulate commerce to unify the country to declare war (can declare but can’t administer army,etc) to create the federal judiciary ● - POWER OF THE PURSE congress has power to raise taxes and spend money raise taxes, control spending, and provide or withhold government funding to supper programs (federalism: can’t force a state but can incentivize by saying that additional funding will be given to the states that do the thing) ****AFFORDABLE CARE ACT***** ● - CHECKS ON THE PRESIDENT divided government: criticizes the president and is a watch dog power to override a veto (⅔ majority vote) impeachment power (TEDed video) “how does impeachment wotk? - it’s just the formal accusation for trial.; articles of impeachment (if 1 of the charges is voted by majority as true it’s impeached and begins trial) representatives house officially lay the charges and produces the evidence that substantiates the charge, once it’s voted to proceed to trial they are impeached (there are charges that are being levied and has to go through a trial that’s conducted by - senate and ⅔ is required to find the person guilty and removal from office) Trump was impeached but didn’t pass the senaten - none was removed from office ● - - NECESSARY AND PROPER CLAUSE gives the constitution a set of implied powers (never spelled in the constitution but are widely interpreted as any powers that the legislative branch needs to fulfill its duties to the nation.” broad grant of authority (implied powers) they have the power to do things in order to establish another power, but not explicitly stated in the constitution