State of nature - Nasty - Brutish - Short Mikes Makes Right Thought cruelty was nature (innate)
Rousseau
- Thought state of nature good (Utopia)
- Thought cruelty was a learned behavior
Social Contract
- People would come together and work together
-
Constitution
Edward R Murrow; A nation of sheep will beget a government of wolves.
Social unrest: Shays’ Rebellion Daniel Shays led a mob of framers in Massachusetts to prevent bank or closures on farms This showed vulnerability of state government and lack of ability to maintain order The rebellion prompted congress to call for representatives to be sent to Philadelphia to discuss constitutional revisions
Declaration of Independence
- A declaration of war
- Not aimed to the king of England
- No legal force of law
- Makes the role of government
Revolution spreads King of France gets be-headed
Declaration of independence made other countries to become independent.
Government gets its power from the people - Giving consent
Barron V. Baltimore
Wharf
Eminent Domain Bill if rights don’t apply to states
John Marshall is the ultra Pokemon card.
McCulloch V Maryland
National Bank
- Elastic Clause
Maryland Makes bank American Federalism
- A government which both national and subnational governments exercise separate and autonomous authority, both elect their own officials, and both ta their own citizens for the provision of public services.
1 U.S. government 50 State Governments 3043 Counties 19279 Municipalities 16656 townships 14422 School Districts 31555 Special districts 85006 Total
Why Federalism? To protect individual liberty and to preserve popular government To permit policy diversity To manage conflict To disperse power To increase political participation To improve efficiency To encourage policy responsiveness To encourage policy experimentation and innovation
Problems with federalism:
Confusing state laws, regulations States competing with each other often results in poor regulations The actions of the one state undermining the objectives of another; Alcohol, firearms, fireworks
Fiscal Federalism
Full Faith and Credit clause Full faith shall be given in each state the public acts and records, and the judicial proceedings of every other state…
DOMA
- States not required to recognize same sex marriages
- Constitutional?
Supremacy Clause: Art. VI, part 2
“ This Constitution, and the laws of the United States which shall be mace in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every state shall be bound thereby, any thing in the constitution or Laws of any State to the contrary notwithstanding.”
Federal Mandates
- Age Discrimination Act of 1986
- Asbestos Hazard Emergency Act of 1986
- Safe Drinking water Act of 1986
- Clean Air act of 1990
- Americans with Disabilities Act of 1990
- National Voter Registration Act of 1993
Mandates
- Unfunded Mandates Mandates that are hard on the states because they have to comply whether or not they have the funding in their state treasuries to do so.
Money and Power Flow to Washington
- Federal Grants-in-Aid
- Reliance on Federal Aid
- Reasserting National Power
- Federal Grant Purposes
Civil Rights Vs. Civil Liberties
Civil rights is equality and Civil Liberties is Freedom of speech, privacy Ect
Clauses
