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(2) COURSE LECTURE TOPICS • • • • • • • • • •. American Federalism Powers Flow To The National Elite Five Patterns Of Federalism Redefining Federalism Patterns California Political History Pressure Groups In The Golden State Protecting Interests From Sacramento Citizen Use Of Media For Manipulation Progressive Movements Civil Rights Movement.
(3) POLITICAL MESSAGE Comedy serves as the best medium for promoting a message. Is this the case with this cartoon? If this is the case then can you identify the message?.
(4) IRONY OF DEMOCRACY: CHAPTER 14 (A) AMERICAN FEDERALISM: STATES AND COMMUNITIES American federalism involves the distribution of power between the national government and the state governments. • Constitution originally defined federalism in terms of powers government exercised. • Powers are delegated to the national government. • There is national supremacy. • Powers are reserved to the states. • Powers are denied to both government levels. • States have a role in national government composition..
(5) IRONY OF DEMOCRACY: CHAPTER 14 (B) Powers flowed to the national elite. 1. Necessary and proper or implied powers gave Congress numerous responsibilities. 2. Commerce power of Congress was broadly defined. 3. Power went to the national government through grants of money to states. American federalism evolved into different arrangements of government power and different state structures. 1. There have been five patterns of federalism. 2. Congress and the Supreme Court have redefined the federalism patterns. 3. There have been four patterns of elite structures in the states. 4. Old community economic elites have been replaced by new community political elites..
(6) IRONY OF DEMOCRACY: CHAPTER 14 (C) Federalism: The Original Division Of Power Between Nation And States The Constitution divides power between two separate authorities, the nation and the states, each of which can directly enforce its own laws on individuals through its own courts. There are more than 86,000 separate governments in the US, of which more than 60,000 have the power to levy taxes. The Constitution endows states with all governmental powers not vested specifically in the national government or reserved to the people. All other governmental jurisdictions are subdivisions of states. States may create, alter, or abolish these other units of government by amending state laws or constitutions. American federalism does not allow the central government the constitutional authority to determine, alter, or abolish the power of the states. The American system shares authority and power constitutionally and practically. The Constitution defined federalism in terms of delegated powers (powers exercised by the national government) and the national supremacy clause, the powers reserved to the states, powers denied by the Constitution to both levels of government, and provisions giving the states a role in the composition of the national government..
(7) IRONY OF DEMOCRACY: CHAPTER 14 (D) The Constitution lists eighteen grants of power to Congress, the last of which is the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers” of the federal government. This is the “necessary and proper” clause. When coupled with the assertion of “national supremacy” in Article VI, these ensure a powerful national government..
(8) IRONY OF DEMOCRACY: CHAPTER 14 (E) Reserved Powers The states retained considerable governing power. The Tenth Amendment states that “the powers not delegated to the United States . . . are reserved to the states respectively, or to the people.” The states generally retain control over property and contract law, criminal and family law, education, and social-welfare activities. The states control the organization and powers of their own local governments. Finally, the states, like the federal government, retain the power to tax and spend..
(9) IRONY OF DEMOCRACY: CHAPTER 14 (F) Powers Denied To The States The Constitution denies some powers to both national and state government, namely, the powers to abridge individual rights. The first eight amendments apply to the national government, and since the Fourteenth Amendment 1866, provided that the states must also adhere to fundamental guarantees of individual liberty. The Constitution denies the states some powers to promote national unity: to coin money, to make treaties with foreign nations, to interfere with the “obligations of contracts,” to levy taxes on imports and exports, and to engage in war, among others..
(10) IRONY OF DEMOCRACY: CHAPTER 14 (G) The States’ Role In National Government The states are the basic units in the organizational scheme of the national government. The House of Representatives apportions members to the states by population, and state legislatures draw up their districts. Each state elects two U.S. senators, regardless of its population. The president is chosen by the electoral votes of the states. Finally, three-fourths of the states must ratify amendments to the Constitution..
(11) IRONY OF DEMOCRACY: CHAPTER 14 (H) Power Flows To The National Elite Governmental power has centralized in Washington. This has come from the broad interpretation of the “necessary and proper” clause to obscure the notion of “delegated powers” and allow the national government to do anything not specifically prohibited by the Constitution, the victory of the national government in the Civil War, demonstrating that states could not successfully resist federal power by force of arms, the establishment of a national system of civil rights based on the Fourteenth Amendment, the growth of federal power under the interstate commerce clause as a national industrial economy emerged, and the growth of federal grants-in-aid to state and local governments as a major source of revenues for these governments and a major source of federal intervention into state and local affairs..
(12) IRONY OF DEMOCRACY: CHAPTER 14 (I) Dual Federalism The pattern of federal-state relations during the nation’s first hundred years has been described as dual federalism. The states and the nation divided most governmental functions. The national government concentrated its attention on the delegated powers while the states decided the important domestic policy issues. This separation of policy responsibilities is like a layer cake, with local governments at the base, state governments in the middle, and the national government at the top..
(13) IRONY OF DEMOCRACY: CHAPTER 14 (J) Cooperative Federalism The development of a national economy, the income tax, two world wars and the Great Depression all combined to end the strict distinction between national and state concerns. The new pattern of federal–state relations was labeled cooperative federalism. Both the nation and the states exercised responsibilities for welfare, health, highways, education, and criminal justice. This merging of policy responsibilities is compared to a marble cake. Congress generally acknowledged that it had no direct constitutional authority to regulate public health, safety, or welfare. Congress relied primarily on its powers to tax and spend for the general welfare in providing financial assistance to state and local governments to achieve shared goals. Congress did not usually legislate directly on local matters..
(14) IRONY OF DEMOCRACY: CHAPTER 14 (K) Centralized Federalism It became increasingly difficult to maintain the fiction that the national government was merely assisting the states in performing their domestic responsibility. By the time of Johnson and the Great Society in 1964, the federal government clearly set forth national goals. Virtually all problems confronting America were declared to be national problems. Congress legislated directly on any matter it chose. The Supreme Court no longer concerned itself with the reserved powers of the states; the Tenth Amendment lost most of its meaning. The pattern of federal–state relations became known as centralized federalism..
(15) IRONY OF DEMOCRACY: CHAPTER 14 (L) New Federalism The term new federalism refers to efforts to return power and responsibility to states and communities. Nixon first used the term in the 1970s to describe his general-revenue-sharing proposal with the direct allocation of federal tax revenues to state and local governments to use for general purposes with no strings attached. Later, the term referred to a series of proposals by Reagan to reduce state and local dependency on federal revenues and return powers to states and communities through the consolidation of categorical grants into block grants. These block grants provide greater flexibility in the use of federal funds and allow state and local officials to exercise more power over programs within their jurisdictions. These efforts succeeded for a time in slowing the growth of federal grant money to the states and in reducing state and local reliance on federal funds..
(16) IRONY OF DEMOCRACY: CHAPTER 14 (M) Representational Federalism Despite the attempts at the new federalism, the flow of power toward federal government continued. The Supreme Court ended all pretense of constitutional protection of state power in its 1985 Garcia decision. Before this case it was generally believed that the states were constitutionally protected from direct congressional coercion in matters traditionally “reserved” to the states. In this case, the Supreme Court upheld a federal law requiring state and local governments to obey federal wage and hour rules. The Court declared that there were no constitutionally protected state powers and that the only protection given the states is in congressional and presidential elections. This weakened view of American federalism has been labeled representational federalism..
(17) IRONY OF DEMOCRACY: CHAPTER 14 (N) Coercive Federalism Federal mandates are direct orders to state and local governments to perform a particular activity or service to comply with federal laws and performance of their functions. Federal mandates occur in a wide variety of areas, for example the Age Discrimination Act (1986), the Safe Drinking Water Act (1986), the Clean Air Act (1990), the Americans with Disabilities Act (1990), the National Voter Registration Act (1993 and the No Child Left Behind Act (2001). Many of these mandates impose heavy costs on state and local governments. When no federal monies are provided to cover these costs, the mandates are said to be unfunded mandates..
(18) IRONY OF DEMOCRACY: CHAPTER 15 (A) ELITE RESPONSE TO MASS PROTEST Protest movements and organizations are used to achieve civil rights and feminist goals. 1. Slavery and segregation were ended by protest against them. 2. Women rights were granted by protest against their denial. Equality of opportunity and equality of results are goals used to petition the government. 1. The Supreme Court said segregation was unconstitutional in Brown v. Topeka (1954). 2. Congress passed the Civil Rights Act of 1964. 3. Presidents ordered, Congress passed, and the Supreme Court supported affirmative action programs. 4. Congress passed the Civil Rights and Women’s Equity of 1991.
(19) IRONY OF DEMOCRACY: CHAPTER 15 (B) Barriers to equality of opportunity and equality of results persist. 1.There are mass opinions against affirmative action. 2.The Supreme Court is indecisive about affirmative action. 3.A dual labor market and earnings gaps hurt women and African Americans. 4.A glass ceiling prevents women from achieving many elite positions..
(20) PRESIDENTIAL USE OF FORCE LITTLE ROCK SCHOOL INTEGRATION Each branch of the federal government may “check” the other. The Executive Branch, or the President, may choose to “check” the Judicial Branch by refusing to use force in order to enforce a judicial ruling by the Supreme Court. The 1954 Brown decision was made meaningful when President Dwight D. Eisenhower decided to use military force in 1957 to secure the enforcement of a federal court order to desegregate Little Rock’s Central High School..
(21) GOVERNOR WALLACE RESISTING Governor George Wallace of Alabama is best known for a line used in his inaugural speech given on January 14, 1963, “In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever.” To stop desegregation by the enrollment of black students, he stood in from of Foster Auditorium at the University of Alabama on June 11, 1963. He only stood aside after being confronted by federal marshals, Deputy Attorney General Nicholas Katzenbach, and the Alabama National Guard. Enjoy this example of presidential use of force..
(22) IRONY OF DEMOCRACY: CHAPTER 16 (A) PUBLIC POLICY: HOW ELITES MAKE DECISIONS Public Policy Making is the Power Domain of the Elite. 1. There is an elite preference in the policy process. 2. Elites achieve policy goals through foundations, policy-planning organizations, the media, and other elites in government. 3. Agenda setting is the result of decisions and non decisions by the same institutional structures. Republicanism and Federalism are Elite Protection Against Mass Threats to the Status Quo. 1. Early elites like James Madison recommended a republican and federal government to regulate agenda setting. 2. Today elites use the republican, federal government to realize their preferences in the policy process..
(23) MANIPULATION & MIRROR MYTH News media outlets possess a great power. They are able to “decide what will be decided”. Bias is exhibited throughout the mainstream press. This is also true for nontraditional news sources as everyone is biased in some way. Many in the news media stress that they are nonbiased since they only reflect reality. Even if the news is merely reflected or reported, it is their choice of subjects that proves their bias. All news is biased. This is the “Mirror Myth”..
(24) PROGRESSIVE MOVEMENTS (1) What was to be a peaceful march for Civil Rights instead became a bloody clash in 1965 in Selma, Alabama. A voter registration protest resulted in a violent clash with police at the Edmund Pettus bridge. Known thereafter as “Bloody Sunday” this confrontation helped to foster national attention and passage of the Voting Rights Act ..
(25) PROGRESSIVE MOVEMENTS (2) This is the famous march on Washington DC where Dr. Martin Luther King Jr. made his famous “I Have A Dream” speech. Many of you have watched just the speech in past classes or at home. What makes this video interesting is that it is not clipped. This was shown to the nation in its entirety. Enjoy the video..
(26) PROGRESSIVE MOVEMENTS (3) Producer Richard D. Heffner of the NBC Sunday television program "The Open Mind" interviews King and former federal Judge J. Waties Waring, who wrote the sole dissenting decision against school segregation in Briggs v. Elliott. NAACP youth secretary Herbert Wright helped enlist King for this NBC Negro History Week program on "The New Negro." Heffner's first question followed a brief introduction of his two guests..
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