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Constitutional Democracy Review Packet

The document provides an overview of a unit on the constitutional underpinnings of the United States government. It outlines major goals of examining the Constitution, including an understanding of federalism, separation of powers, and checks and balances. It also lists important readings and defines key terms related to the creation of the Constitution and the concept of federalism.

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0% found this document useful (0 votes)
21 views3 pages

Constitutional Democracy Review Packet

The document provides an overview of a unit on the constitutional underpinnings of the United States government. It outlines major goals of examining the Constitution, including an understanding of federalism, separation of powers, and checks and balances. It also lists important readings and defines key terms related to the creation of the Constitution and the concept of federalism.

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jackhongksp
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Unit 1: Constitutional Underpinnings of the United States Government

Unit Overview of Concepts, Topics, and Readings

The study of modern politics in the United States requires an examination of the kind of
government established by the Constitution, paying particular attention to federalism and the
separation of powers, and checks and balances.

Major Goals and Objectives of the Unit:


1. Be familiar with the theories of the nature and distribution of power, in particular the
theoretical perspectives relating to the Constitution (i.e. democratic theory, theories of
republican government, pluralism, and elitism.)
2. Know the historical situation at the time of the Constitutional Convention.
3. Have an awareness of the ideological and philosophical traditions on which the framers
drew.
4. Understand specific concerns of the framers (i.e. Why did Madison fear factions? What
were the reasons for the swift adoption of the Bill of Rights?) and how that influenced the
formulation and adoption of the Constitution.
5. Understand the theoretical and practical features of popular sovereignty, federalism,
separation of powers and checks and balances.
6. Understand the historical development of the American federal system and the
contemporary debates over the balance of power between the national government and
state governments.
7. Be familiar with the United States Supreme Court's interpretation of key provisions of
the Constitution as they relate to federalism.

Readings:
Abernathy and Waples, Chapter 1 & 2
U.S. Constitution
Essential Documents:
● The Declaration of Independence
● The Articles of Confederation
● Brutus No. 1: To the Citizens of the State of New-York
● The Constitution of of the United States (including the Bill of Rights and subsequent
amendments)
● Federalist No. 10: The Union as a Safeguard Against Domestic Faction and Insurrection
● Federalist No. 51: The Structure of the Government Must Furnish the Proper Checks and
Balances Between the Different Departments

Important Definitions/Terms/Identifications:

Theories of Power
Direct democracy
Elite theory
European Enlightenment
John Locke/Second Treatise on Government
Natural Rights
Pluralism
Representative democracy
Republic
Social contract

Creation of the Constitution


Amending process
Anti-Federalists
Articles of Confederation
Bill of Rights
Bicameral Legislature
Checks and balances
Constitutional Convention
ExPost Facto Laws
Federalists/Federalist Papers
Federalist #10
Federalist #51
The Great Compromise (CT Compromise)
Judicial review
Limited government
Popular sovereignty
Separation of powers
Seventeenth Amendment
Shay’s Rebellion
Three-fifths Compromise
Virginia Plan v. New Jersey Plan
Writ of Habeas Corpus

Federalism
Americans with Disabilities Act
Block grants
Categorical grants
“Commerce” clause
Concurrent powers
Confederal v. federal v. unitary systems
Contract with America
Cooperative federalism (Marble Cake)
Defense of Marriage Act (DOMA)
Delegated (enumerated) powers
Devolution Revolution
Dred Scott v. Sandford
Dual federalism (Layer Cake)
Federalism
Fourteenth Amendment
Fifteenth Amendment
Full faith and credit clause
Gibbons v. Ogden
Gonzalez v. Raich
Grants-in-aid system
Great Society
Implied powers
McCulloch v. Maryland
Necessary and proper (elastic) clause
New Deal
No Child Left Behind Act
Obergefell vs. Hodges
Reserved powers
Revenue sharing
Sixteenth Amendment
Supremacy Clause
Temporary Assistance for Needy Families
Tenth Amendment
Thirteenth Amendment
Tyranny of the Majority
Unfunded mandates
U.S. v. Lopez

Common questions

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Federalist No. 51 underscores the need for separation of powers as a critical safeguard against tyranny by dividing governmental responsibilities among distinct branches—executive, legislative, and judicial—each with its own powers and responsibilities . This division ensures that no single branch can wield total control, as each branch has the means to check the powers of the others, thus fostering a balance that prevents the concentration of authority. This structural design is essential for maintaining the liberty and security of the nation by curbing abuses of power .

The Great Compromise resolved a critical impasse during the Constitutional Convention regarding legislative representation by creating a bicameral structure for Congress. This compromise merged the Virginia Plan, which favored proportionate representation based on population, with the New Jersey Plan's preference for equal representation for all states . Consequently, it established the House of Representatives, apportioned by population, and the Senate, with equal representation for each state. This structure satisfied both larger and smaller states, ensuring their interests were adequately represented in the legislative process .

Shays' Rebellion exposed the weaknesses of the Articles of Confederation, particularly the inability of the national government to maintain public order and financial stability . This event influenced the framers by highlighting the need for a stronger central government capable of responding effectively to internal disturbances. The fear of future insurrections and economic turmoil led to the crafting of a new Constitution with enhanced federal powers, such as raising an army and regulating commerce, to prevent such events from recurring .

Pluralism posits that power is distributed among a wide array of diverse and competing interest groups, ensuring no single group dominates governance. This is evident in the U.S. system of checks and balances and the separation of powers, which allow various institutions to have a say in governance, reflecting multiple interests . Elitism, on the other hand, suggests that a small number of people or institutions hold significant power, supporting the idea that political elites, through institutions like the Supreme Court and the bureaucracy, guide crucial decisions. The Federalist Papers, specifically Federalist No. 10 and 51, highlight the necessity of controlling factions and elites within the republican government framework to ensure effective governance and prevent tyranny .

McCulloch v. Maryland reinforced federal authority by affirming the federal government's implied powers under the Necessary and Proper Clause, thereby supporting broader interpretation of federal powers and supremacy over state actions . Conversely, U.S. v. Lopez marked a shift by imposing limits on federal power through the Commerce Clause, illustrating a retraction in the scope of national authority over areas traditionally managed by states, such as local school policies. These landmark cases collectively underscore the ongoing negotiation of power boundaries within the federal framework, reflecting shifts in constitutional interpretation over time .

The system of checks and balances is crucial in ensuring no one branch of government becomes too powerful by providing specific mechanisms through which each branch can limit the powers of the others. This framework maintains a balance within the government. Examples include the presidential veto power over congressional legislation, congressional authority to approve appointments and declare war, and the judiciary's power of judicial review to strike down unconstitutional laws. These mechanisms encourage cooperation as well as conflict resolution among the branches, ensuring a functional and balanced government .

James Madison feared factions—groups of citizens with interests contrary to the rights of others or the interests of the whole community—because they could lead to the tyranny of the majority . This concern significantly influenced the Constitution's design, leading to the implementation of a system of checks and balances and the separation of powers to prevent any single faction from gaining too much control. Federalist No. 10 specifically argues that a large republic under the Constitution can control factions more effectively than smaller communities or singular governments .

Dual federalism, often likened to a 'layer cake,' delineates clear and separate spheres of authority between the national and state governments, with limited overlap. This approach dominated U.S. governance until the New Deal era, which marked a shift toward cooperative federalism . Cooperative federalism, or 'marble cake' federalism, emerged as federal and state governments began to work more collaboratively on various issues, blurring the lines of responsibility. This period saw the national government expanding its influence into traditionally state-dominated areas through grants-in-aid and legislation like the New Deal programs and Great Society initiatives .

The Tenth Amendment reinforces the principle of federalism by delineating that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or the people. This has historically been a cornerstone in debates over state versus federal power, bolstering state sovereignty against federal encroachment. However, in practice, the impact of the Tenth Amendment has been limited as the federal government has expanded its reach through implied powers and interpretations of other constitutional provisions like the Commerce Clause, often overriding state legislation .

The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to pass laws needed to exercise the powers enumerated in the Constitution effectively. This clause has significantly expanded the scope of federal power, enabling the government to adapt its functions to meet changing societal needs through implied powers. Cases like McCulloch v. Maryland affirmed the federal government's authority to use this clause to carry out necessary actions, thereby broadening federal legislative capabilities beyond those explicitly listed in the Constitution .

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