Warm Up If men were angels no government























- Slides: 23
Warm Up • If men were angels, no government would be necessary. • Respond.
Interstate Relations • Full Faith and Credit Clause • • State courts must enforce civil judgements from other state’s courts Interstate Privileges and Immunities • States must extend to citizens of other states the privileges and immunities granted to their own citizens
Interstate Relations • Extradition • • No state should be a safe haven for fugitives of another state Interstate Compacts • Agreements between two or more states • Most need to be approved by Congress • What kind of things would need to be agreed upon?
Mc. Culloch v. Maryland (1819) • What was the issue in this court case? • What was the ruling? • What clauses did Chief Justice Marshall cite? • How did this court case save the Union?
Key Points • Confirmed the rights of Congress to utilize implied powers to carry out its expressed powers. • Validated the supremacy of the national government over the states by declaring that states cannot interfere with or tax legitimate activities of the federal government.
Nullification and the Civil War • What is nullification? • What was so important about the Dred Scott decision? • How did the Civil War refute the doctrine of nullification?
Gibbons V. Ogden (1824) • Ogden had a monopoly on a ferry system and Gibbons started a new company • New York said Ogden should have a monopoly and Gibbons took it to the SC • Question: Can Congress have the exclusive right to regulate interstate commerce?
Key Points • Strengthened the power of the federal government to regulate interstate commerce • Established the commerce clause’s role as a key vehicle for the expansion of federal power
Expanding Federal Power • How has the Commerce Clause expanded the power of the federal government? • 1964 Civil Rights Act • Congress forbade discrimination in public places on the basis of its power to regulate interstate commerce
Civil Rights • Why is civil rights going to be an issue of federalism? • 1954 – Brown v. Board of Ed, SC says school segregation was unconstitutional • What did the president have to do to enforce this decision? • How is this similar to slavery?
Dual Federalism • Where the federal and state government remain supreme within their own spheres • • What does this look like? “Layer cake” federalism • This system characterized the governments until the New Deal in the 1930 s
Cooperative Federalism • The national and state governments work together to complete projects • • What does this look like? “Marble cake” federalism • There is a blurred distinction between the levels of government
Federalist 51 • In Paragraph 2, 6, 9, and 10: take a few minutes, reread them and come up with a summary of that paragraph.
Critical Thinking • Give 2 reasons why Madison is a supporter of the Constitution. • What is essential to the “preservation of liberty? ” How should this “be so constituted? ” • Explain the following: • • “A dependence upon the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. ” In a republican government, which branch is the strongest? Identify three ways of “remedying this inconveniency. ”
Paragraph 2 Summary • Each branch should be independent. • Branches shouldn’t be a part of the appointment of other branches. • Authority comes from the people. • We may need to do this with the judges though.
Paragraph 4 Summary • We need government. • The government needs to control the people and THEN control itself.
Paragraph 6 Summary • The Legislative Branch is more powerful. • • So it needs to be divided into 2 separate houses. The Executive Branch is weaker, but that’s okay. • Because it may be abused. (Monarchy)
Paragraph 9 Summary • In America, we separate our government and then separate it again. • This way we are doubly sure that the government controlled each other and will be controlled by itself.
Paragraph 10 Summary • In America, our society will be broken into so many parts that there really can’t be a majority. • We cannot have factions. • Tyranny of any kind, by a minority or majority, is bad. https: //youtu. be/5 FQ_Y 2 FUa 6 Q
Interpreting Federalist 51 • Why does Madison fear “a gradual concentration of the several powers in the same department” of government? • How can government, as Madison claims, be “the greatest of all reflections on human nature”? • How does “the multiplicity of interests” in American society protest the rights of its citizens? • Is Madison arguing that the federal government should be as accountable to any given minority as to the majority?
Evaluating Federalist 51 • Is Madison’s opinion of the role of self-interest in the conduct of one’s life realistic? Why or why not? • Do you believe the controls against the abuse of power by a single government have been effective? • Does the federal government equally serve majority and minority interests today? Why or why not? • Is there a role for states anymore? Why or why not?
Reading for Friday • Read p. 72 -79 • Blue Headings • Government Revenues and Intergovernmental Relations • Devolution • ***Vocabulary Quiz beginning of class on Friday • Week 2 Vocabulary and Notes Due
Tutorials • Do you want to do tutorials? • If there is interest, we can do them.