East Georgia CollegeEast Georgia College

American GovernmentAmerican Government

POLS 1101POLS 1101

Instructor: Mr. MancillInstructor: Mr. Mancill

Three Systems of GovernmentThree Systems of Government

1.1. FederalFederal-a system of government in which -a system of government in which both the national and state governments both the national and state governments share power.share power.

2.2. UnitaryUnitary-a system of government in which -a system of government in which principal power lies at the national principal power lies at the national government.government.

3.3. ConfederationConfederation- an association of states in - an association of states in which political power lies with the states.which political power lies with the states.

FederalFederalUnity and Diversity DominantUnity and Diversity Dominant

Unity and diversityUnity and diversity. Individuals are citizens . Individuals are citizens of the nation and of the state.of the nation and of the state.

Both the national and state governments Both the national and state governments have jurisdiction over individuals. have jurisdiction over individuals.

UnitaryUnitaryUnity DominantUnity Dominant

UnityUnity. Individuals are citizens of the . Individuals are citizens of the nation, not separate states.nation, not separate states.

Only the national government has Only the national government has jurisdiction over individuals.jurisdiction over individuals.

ConfederacyConfederacyDiversity DominantDiversity Dominant

DiversityDiversity. Individuals are citizens of . Individuals are citizens of the state only. the state only.

The state has jurisdiction over The state has jurisdiction over individuals. individuals.

Unity and Diversity in the Federal Unity and Diversity in the Federal SystemSystem

Each of our 50 states are different.Each of our 50 states are different.

They differ in historical traditions, They differ in historical traditions, unemployment rates, economic unemployment rates, economic development, racial and ethnic development, racial and ethnic composition, social welfare spending, composition, social welfare spending, federal funding, age distributions, federal funding, age distributions, religions, school systems, and religions, school systems, and income.income.

Unity and Diversity in the Federal Unity and Diversity in the Federal SystemSystem

Each state has different policies and Each state has different policies and laws. When should the national laws. When should the national government step in and dictate government step in and dictate policy?policy?

How do we strike a balance between How do we strike a balance between unityunity and and diversitydiversity??• Examples: Minimum drinking age, Examples: Minimum drinking age,

maximum speed limit.maximum speed limit.

Unity and Diversity in the Federal Unity and Diversity in the Federal SystemSystem

After prohibition was repealed each state After prohibition was repealed each state had its own minimum drinking age, from had its own minimum drinking age, from 18 to 21.18 to 21.

Problem of underage drinking in 1980'sProblem of underage drinking in 1980's• People under 21 were responsible for a People under 21 were responsible for a

disproportionate number of alcohol related disproportionate number of alcohol related deaths and injuries.deaths and injuries.

• Mothers Against Drunk Driving (MADD) and Mothers Against Drunk Driving (MADD) and other groups brought the issue into public other groups brought the issue into public view.view.

Unity and Diversity in the Federal Unity and Diversity in the Federal SystemSystem

In response to growing pressure from In response to growing pressure from these groups, Congress enacted a these groups, Congress enacted a law that withheld a portion of a law that withheld a portion of a states national highway funds unless states national highway funds unless the state raised their minimum the state raised their minimum drinking age to 21. drinking age to 21.

The national government imposed a The national government imposed a policy on the state.policy on the state.

States in the Constitutional SystemStates in the Constitutional System

States play a major role in our States play a major role in our political system.political system.

States:States:• Administer social welfare policiesAdminister social welfare policies• Handle regional problemsHandle regional problems• Amend the ConstitutionAmend the Constitution• Shape electoral contests at the national Shape electoral contests at the national

levellevel

The Electoral CollegeThe Electoral College Electoral CollegeElectoral College- a political institution that - a political institution that

determines the winner in presidential elections.determines the winner in presidential elections.

• We do not have direct election of our president.We do not have direct election of our president.• Presidents are not elected by a plurality (highest Presidents are not elected by a plurality (highest

number).number).• Majority of 270.Majority of 270.

In 2000, Al Gore received a plurality of votes but George In 2000, Al Gore received a plurality of votes but George Bush won a majority of electoral votes.Bush won a majority of electoral votes.

The Electoral CollegeThe Electoral College

Delegates determined by number of Delegates determined by number of House members plus two Senators.House members plus two Senators.

States with larger populations will States with larger populations will have more electoral votes.have more electoral votes.• Georgia has 15 (13 in House, 2 in Senate)Georgia has 15 (13 in House, 2 in Senate)• California has 55 (53 in House, 2 in Senate)California has 55 (53 in House, 2 in Senate)• Delaware has 3 (1 in House, 2 in Senate)Delaware has 3 (1 in House, 2 in Senate)

The Electoral CollegeThe Electoral College

The presidential candidate receiving the The presidential candidate receiving the largest number of popular votes in a state largest number of popular votes in a state receives all that state's electoral votes. receives all that state's electoral votes.

Two exceptions are Maine and Nebraska.Two exceptions are Maine and Nebraska.• Divide their electoral votes based on Divide their electoral votes based on

congressional districts.congressional districts.

The Electoral CollegeThe Electoral College You are voting for electors to the electoral You are voting for electors to the electoral

college.college.

The electors are pledged to a particular The electors are pledged to a particular candidate.candidate.

The electors gather in each state capital in The electors gather in each state capital in December to cast their votes for president and December to cast their votes for president and vice president.vice president.

The elector's ballots are counted and certified in a The elector's ballots are counted and certified in a joint session of Congress in January.joint session of Congress in January.

The Electoral CollegeThe Electoral College

What happens in the event that the What happens in the event that the electoral vote is tied or no candidate electoral vote is tied or no candidate receives 270 votes?receives 270 votes?

• The House of Representatives will decide the The House of Representatives will decide the election, where each state has one vote and a election, where each state has one vote and a majority is needed to win.majority is needed to win.

• This situation has occurred twice. In 1801 and This situation has occurred twice. In 1801 and in 1825.in 1825.

The Electoral CollegeThe Electoral College Why was this system created?Why was this system created?

• So a few chosen men could choose the president among So a few chosen men could choose the president among a wide range of candidates. Lack on information.a wide range of candidates. Lack on information.

• However, the founders did not foresee the development However, the founders did not foresee the development of political parties, and today the electors are a part of of political parties, and today the electors are a part of the party process.the party process.

• Today, the electors just "rubber stamp" the choice of the Today, the electors just "rubber stamp" the choice of the American voters rather than exercise their own American voters rather than exercise their own judgment.judgment.

Delegated Powers of the National Delegated Powers of the National GovernmentGovernment

Delegated PowersDelegated Powers- powers that are found - powers that are found in Article I, Section 8 of the Constitution.in Article I, Section 8 of the Constitution.

Delegated powers are divided into two Delegated powers are divided into two types: expressed and implied.types: expressed and implied.

Concurrent PowersConcurrent Powers-powers that are -powers that are shared.shared.

Expressed PowersExpressed Powers

Expressed powersExpressed powers- powers specifically - powers specifically enumerated in the Constitution as enumerated in the Constitution as belonging to the national government. belonging to the national government.

• Expressed powers include the power to:Expressed powers include the power to: Levy and collect taxesLevy and collect taxes To borrow moneyTo borrow money To regulate interstate commerceTo regulate interstate commerce To coin moneyTo coin money To declare warTo declare war To raise and support armiesTo raise and support armies

Implied PowersImplied Powers Implied PowersImplied Powers- powers of the national - powers of the national

government not specifically cited in the government not specifically cited in the Constitution.Constitution.

The use of implied powers is found in the The use of implied powers is found in the Necessary and Proper Clause. Necessary and Proper Clause. • Article I, Section 8, Clause 18.Article I, Section 8, Clause 18.

Gives Congress the power to create laws that Gives Congress the power to create laws that help in carrying out its delegated powers. help in carrying out its delegated powers. Basically, it is a means to an end.Basically, it is a means to an end.

Implied PowersImplied Powers

The NThe Necessary and Proper Clauseecessary and Proper Clause is is open to interpretation.open to interpretation.

• If the clause is interpreted narrowly this If the clause is interpreted narrowly this would constrict the powers of the would constrict the powers of the national government.national government.

• If the clause in interpreted broadly this If the clause in interpreted broadly this would enlarge the powers of the would enlarge the powers of the national government.national government.

McCulloch v. MarylandMcCulloch v. Maryland McCulloch v. Maryland represents the first time McCulloch v. Maryland represents the first time

the the Necessary and Proper ClauseNecessary and Proper Clause was interpreted was interpreted by a court.by a court.

Facts of the case:Facts of the case:• Congress created a national bank.Congress created a national bank.• Some states opposed the bank because it competed Some states opposed the bank because it competed

with state banks.with state banks.• Maryland imposed a tax on the bank.Maryland imposed a tax on the bank.• William McCulloch, a cashier at the bank, refused to pay William McCulloch, a cashier at the bank, refused to pay

the tax and was sued by Maryland.the tax and was sued by Maryland.

McCulloch v. MarylandMcCulloch v. MarylandMaryland's ArgumentMaryland's Argument

Maryland's argumentMaryland's argument• Congress had no authority to create a Congress had no authority to create a

bank.bank.• Maryland argued that a state can tax Maryland argued that a state can tax

the national bank if it chooses.the national bank if it chooses.• Banking is a subject the Constitution Banking is a subject the Constitution

reserved for the states.reserved for the states.

McCulloch v. MarylandMcCulloch v. MarylandIssuesIssues

1. Does the national government 1. Does the national government have the power to create a have the power to create a national bank under the national bank under the Necessary Necessary and Proper Clauseand Proper Clause??

2. If the bank is Constitutional can a 2. If the bank is Constitutional can a state tax it?state tax it?

McCulloch v. MarylandMcCulloch v. MarylandOutcomesOutcomes

1. Chief Justice John Marshall held 1. Chief Justice John Marshall held that the national government did that the national government did have the power to create a national have the power to create a national bank based on the bank based on the Necessary and Necessary and Proper ClauseProper Clause (the use of implied (the use of implied powers). powers). • "The creation of a national bank was a "The creation of a national bank was a

means to achieving the ends".means to achieving the ends".

McCulloch v. MarylandMcCulloch v. MarylandOutcomesOutcomes

2.2. Chief Justice John Marshall held that Chief Justice John Marshall held that Maryland cannot tax the bank because it was an Maryland cannot tax the bank because it was an instrument of the national government. instrument of the national government. • In a conflict between an act of Congress and the state, In a conflict between an act of Congress and the state,

the act of Congress will prevail. This is the Doctrine of the act of Congress will prevail. This is the Doctrine of National Supremacy.National Supremacy.

• This U.S. Supreme Court case greatly expanded the This U.S. Supreme Court case greatly expanded the powers of the national government. powers of the national government.

Reserved Powers of the StatesReserved Powers of the States

Reserved powersReserved powers-powers not specifically -powers not specifically prohibited to the states and not delegated prohibited to the states and not delegated to the national government by the to the national government by the Constitution.Constitution.• States can do all things not specifically States can do all things not specifically

prohibited to them and not delegated prohibited to them and not delegated exclusively to the national government. exclusively to the national government.

States are responsible for the health, safely, and States are responsible for the health, safely, and welfare of its citizens. welfare of its citizens.

Reserved Powers of the StatesReserved Powers of the States

1010thth Amendment- Amendment-reserves to the states reserves to the states powers not prohibited to them and not powers not prohibited to them and not delegated to the national government by delegated to the national government by the Constitution. the Constitution.

Basically, if a power isn't exclusive to the Basically, if a power isn't exclusive to the national government and the state is not national government and the state is not prohibited from exercising that power, prohibited from exercising that power, then the state will have that power. then the state will have that power. • State Police PowerState Police Power- States are responsible for the health, - States are responsible for the health,

safely, and welfare of its citizens.safely, and welfare of its citizens.

Models of FederalismModels of Federalism 1. 1. Dual FederalismDual Federalism-national and state -national and state

governments are separate and independent from governments are separate and independent from each other, with each level exercising its own each other, with each level exercising its own powers in its own jurisdiction.powers in its own jurisdiction.

2. 2. Marble Cake Federalism (Cooperative Marble Cake Federalism (Cooperative FederalismFederalism)-The national and state governments )-The national and state governments cooperate to achieve an outcome. cooperate to achieve an outcome.