Prep for Federalist Papers

• Republic (Representative Democracy)• a government in which citizens elect

representatives to make decisions for them• Direct Democracy (or Pure Democracy)• A government in which all citizens participate in

decision-making• Factions • Special interests; any group that tries to dominate

the political process to serve its own purposes

Confederal System Federalism Unitary

Confederal System: States are sovereign. The national government exists only by the will of the states and may do only what is permitted by the states.

Federal System: Sovereignty is shared between the state and national governments. Each type of government has different powers and different purposes.

Unitary System: The national government is sovereign. State and local governments exist by the will of the national government.

* What EXAMPLES?

Federalism

• What is it?

• What are the Advantages?

• National Interests vs. States’ Rights

• Did the fears of the Antifederalists come true?

McCulloch v. MD (1819)

• What was the issue?

• What was the holding?

• Key Clauses of the Constitution?– (Label these in your Constitution.)

National Powers

• Delegated Powers– Express or Enumerated (Label these.)– Implied

• Inherent Powers– e.g. immigration, deportation, acquire territory,

diplomatic recognition

• Denied– Art. I, sec. 9, Bill of Rights, later Amendments– No tax on exports, No bill of Attainder, No ex

post facto laws, etc.

State Powers

• Reserved

• 10th Amendment (Label this.)

• Denied– Also in 13th - 15th, 19th, 24th, 26th Amts.

• CONCURRENT POWERS

Interstate Commerce

• Dual Federalism - states & national equally supreme in own spheres – disappeared but returning?– Commerce Power: now applies to most

commerce (stream analogy)

• Court Decisions– Gibbons v. Ogden (1824) Supremacy Clause– US v. Lopez, Printz v. US, US v. Morrison

CLOSURE QUESTIONS

• Has the division of powers been blurred?

• Does the national government have too much or too little power over state and local policy?

• Jumps in Federal power: Civil War, WWI, New Deal, WWII, Cold War, Civil Rights, September 11 and War on Terrorism