The Constitution and Federalism


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  • Welcome
  • UK Constitution
  • The Constitution and Federalism

    1. 1. GOV4AThe Government of the USScott Thomas | May 2013
    2. 2. Exam success isnot a lottery!Know yourtermsKnow theArticlesKnow theExamples
    3. 3. Session 1The Constitution andFederalism
    4. 4. The Constitution & FederalismNature & SignificanceSeparation of PowersChecks and BalancesBill of RightsAmendmentsFederalismConstitutional Change
    5. 5. US Government OverviewFederal Government PowerLegislatureMakes the lawsCongressHouse of RepresentativesSenateExecutiveCarries out the lawsPresidentPlus VP, EXOP, Cabinet,Executive Dept, andAgenciesJudiciaryEnforces and interpretsthe lawsSupreme CourtIncluding appeal courtsand trial courts
    6. 6. A Constitution• A system of rules which describes thestructure and powers of Government• Outlines the relationship between the threebranches of government• And the relationship between the governmentand its citizens
    7. 7. A Constitution• Limits upon power– Checks and Balances• How power is exercised• Where power is located
    8. 8. Acts of ParliamentWorks of AuthorityEU LawUK Constitution
    9. 9. Common LawRoyal PrerogativeConventionsUK Constitution
    10. 10. Birth of the USA1776 – Declaration of Independence
    11. 11. Declaration of IndependenceTaxation without representationLeads to the US War of Independence fromBritain in April 17754th July 1776 the Colonies issue the Declarationof Independence
    12. 12. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation
    13. 13. Articles of ConfederationWar isn’t over yet13 Colonies ratify the ArticlesCreate a confederacyAfraid of tyrannical governmentThey failed to form a nationdespite gaining independence
    14. 14. Problems with the ArticlesNo ExecutiveBranchNo JudiciaryLegislaturewas a talkingshop
    15. 15. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation1787 – Philadelphia Convention
    16. 16. Philadelphia Convention55 Delegates from 12 of 13States in May 1787It took 4 MonthsHad to create a stronggovernment whilst protectingfreedomsRhode IslandImSuspiciousabout this
    18. 18. Philadelphia ConventionVirginia PlanStates with largepopulationsNew Jersey PlanStates with SmallPopulationsConnecticutCompromiseBicameral SystemOne according to PopulationOne represented Equally
    19. 19. The ArticlesIIIIIIIVVVIVIILegislative BranchExecutive BranchJudicial BranchFederal – State &Interstate RelationshipAmendment ProcessMisc. ProvisionsRatification procedure
    20. 20. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation1787 – Philadelphia Convention1789 – George Washington elected
    21. 21. Birth of the USA1776 – Declaration of Independence1781 – Articles of Confederation1787 – Philadelphia Convention1789 – George Washington elected1791 – Bill of Rights
    22. 22. Bill of Rights 1791First 10 Amendments known asBill of RightsProposed by Congress Sept1789Ratified by States December1791Designed to protect against anall powerful federalgovernment17 Further Amendmentshave been passed since1791
    23. 23. Rights EstablishedNo.I Freedom of SpeechII Right to Keep and Bear ArmsIII No quartering of soldiersIV No unreasonable search andseizureV Due ProcessNo.VI Speedy and public trialVII Trial by jury in civil casesVIII No Cruel and Unusual PunishmentIX Other rights of the peopleX Power not delegated to Fed. Govt.are reserved to the States or peopleIssues: Where does the Death Penalty sit with the 8th Amendment? Does the Elastic Clause supersede the 10th Amendment?
    24. 24. ProposedAmendmentVote in the House2/3 MajorityRequiredVote in the Senate2/3 MajorityrequiredVotes in StateLegislaturesPassed by ¾ of allState LegislaturesConstitutionAmendedAmending the Constitution
    25. 25. Notable Amendments13th Slavery Abolished (1865)14th Equal Protection and due process clause (1868)15th Blacks given the right to vote (1870)16th Income Tax (1913)22nd Two term presidential limit (1951)25th Presidential succession procedure (1967)
    26. 26. Notable Attempts to AmendAmendment House SenateFlagDesecration(05/06)286-130 Yes 66-34No(1 vote short)BalancedBudget (95)300-132 Yes 65-35 NoSuper Majorityto increasetaxes (2002)227-178 No N/A N/ADuring Clinton’s Presidency there were 17 votes on constitutional amendments. Allthe votes happened under a Republican CongressAmendment House Senate StatesEqual Rights forWomen (1972)Yes Yes 35/50 (3 short)
    27. 27. Separation of PowersPolitical power is distributed among the threebranches of government, all acting independentlyand interdependentlyPowers are shared through a series of checks andbalancesExecutive BranchJudicial BranchLegislative Branch
    28. 28. Synoptic LinksSeparation of Powers• UK has a fusion of powers• Members may sit in morethan one branch• Until the CRA 2005 the LordChancellor sat in all threebranchesLegislative &Executive
    29. 29. Limited GovernmentThe size and scope of the federal governmentshould be limited to only what is necessaryLimited Govt.
    30. 30. Checks & BalancesEach branch exercises power and control overthe othersIt supports the idea of Limited Government
    31. 31. Checks on Legislature•Recommend legislation for passage•Veto (Pocket and Official)By Executive•Judicial ReviewBy Judiciary
    32. 32. Checks on Judiciary• Appointment of judges• PardonBy Executive• Impeachment trials and removal fromoffice• Proposition of constitutional amendmentsBy Legislature
    33. 33. Checks on Executive• Amend/Delay/Reject legislation• Veto Override• Power of the Purse• Declaration of War• Ratification of Treaties• Confirmation of Appointments• Congressional Committee Investigations• ImpeachmentBy Legislature• Judicial ReviewBy Judiciary
    34. 34. Checks and Balances Examples• Supreme Court Appointments– Robert Bork (1987) [FAILED]– John Roberts (2005)– Sonia Sotomayor (2009)• Amendments– Education Reform Bill 2001 – Heavily Amended• Legislative Blocking– Clinton’s Healthcare programme 1993-94– Increasing Minimum Wage
    35. 35. FederalismA theory by which political power is dividedbetween a national and state government, eachhaving their own jurisdictionIt focuses around decentralisation
    36. 36. Federalism & The ConstitutionShown through implied powers also
    37. 37. Dual Federalism1780-1920• Associated with a collection of ‘unknownpresidents’Large Focus on States Rights• Federal Government limited to Money, War andPeaceLayer Cake Federalism• Divisions in Political Power are Clear Cut
    38. 38. Cooperative Federalism1930s – 1960s• Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson• Majority of the Presidents were DemocratsNew Departments• Defence (1949), Health, Education, & Welfare (1953), Transportation(1966)Large Increase in Categorical Grants• Grants allocated to states by Federal Government for specific projectsMarble Cake• Division in Political Power are less clear cut
    39. 39. New Federalism1970s-2000• Nixon, Ford, Reagan, Bush and Clinton• Majority of the Presidents were RepublicansShift back to State Power• The Federal Government did not create the States;the States created the Federal GovernmentLarge Increase in Block Grants• Grants allocated to states by Federal Governmentfor non specific purposes or general areas
    40. 40. An Ever Changing Concept• Westward Expansion– From 13 colonies to 50• Growth in Population– 4million in 1790 to 275million in 2000• Industrialisation– Need for Government Regulation• Communication– As the nation grew, it shrank• Events– The Great Depression
    41. 41. An Ever Changing Concept• Foreign Policy– Second World War caused the need for centralisedplanning• Supreme Court Decisions– Decisions on the meaning of the constitution alter therole of the Federal Government• Constitutional Amendments– These can alter the powers of States or FederalGovernment
    42. 42. Federalism Under BushGovernment spendingincreased by 33% in 01-05– Iraq War– Homeland Security– Expansions of Medicare& Education• No Child Left behind– Wall Street and BankingCollapse
    43. 43. Federalism Under ObamaExpansion of Federal GovernmentRole• Obama Care• GM BailoutsBUT:Willing to allow states to pursuegoals – pollution permits inCaliforniaHowever:Only does this when it suits him todo so!
    44. 44. FederalismPros ConsPermits Diversity Can hide economic and social inequalitiesPluralistic Frustrates the national will, makingsolutions to problems harderIncreased protection of individual rights Constant source of conflict betweenstates and governmentStates becomes ‘policy labs’ e.g. Pollutionpermits in CaliforniaOverly bureaucratic, therefore creating acostly system that is resistant to changeWell suited to geographically large nation
    45. 45. Constitution Synoptic LinksUK Constitution is uncodifiedUnitary system of governmentFusion of PowersParliamentaryLower levels of democratic participationUK becoming somewhat more Federalised withthe EU
    46. 46. Exam success isnot a lottery!Know yourtermsKnow theArticlesKnow theExamples
    47. 47. Answer the question, the wholequestion and nothing but thequestion