UNIT 2 POLS 2311
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University of Texas, El Paso *
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POLS-2311
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Political Science
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Feb 20, 2024
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7
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UNIT 2
Analytical Element: McCulloch v. Maryland NOTES:
●
American federalism is guided by key constitutional provisions, including the Supremacy
Clause and the Tenth Amendment.
●
The Supremacy Clause establishes that laws made in accordance with the Constitution
are the supreme law of the land.
●
The Tenth Amendment reinforces that powers not delegated to the United States are
reserved for the States or the people.
●
The determination of national and state powers under the Constitution revolves around
identifying powers granted to the national government.
●
The Supreme Court decision in McCulloch versus Maryland (decided in 1890) is crucial
in addressing the allocation of powers between the national government and states.
●
The case involves the Bank of the United States, created in 1791, with opposition from
figures like Thomas Jefferson and James Madison.
●
The Bank faced controversy, and its charter expired in 1811. However, it was recreated
in 1816 to address economic issues.
●
Maryland attempted to drive the bank out by imposing a tax, leading to the legal battle
between James McCullough (bank official) and the state of Maryland.
●
The Supreme Court, in a unanimous decision led by Chief Justice John Marshall, ruled
in favor of the national government's authority to establish the bank.
●
Justice Marshall's decision established a three-question formula to determine if
Congress has the authority to pass a law under the Constitution.
●
The formula involves checking if the purpose aligns with constitutional authority, if the
law aids in achieving that purpose, and if the Constitution prohibits the law.
●
McCulloch versus Maryland affirmed the broad powers of Congress under the
Necessary and Proper Clause and clarified the supremacy of the national government.
●
The decision emphasized that states cannot tax or destroy something constitutionally
allowed by Congress, reinforcing the idea of a powerful but limited national government.
Quiz 1 — 100%
Q1-. The Supreme Court’s decision in McCulloch vs. Maryland depended, in part, on which of
the following parts of the Constitution?
Ans: The necessary and proper clause
Q2-. According to the decision in McCulloch vs. Maryland, if Congress wishes to do something
that is not explicitly listed among the enumerated powers in Article 1, Section 8 of the
Constitution, is it constitutionally permitted to do so?
Ans: Congress may pass a law if it is clearly related to something listed in the Constitution and
not prohibited by the Constitution.
Q3-. McCulloch v. Maryland represents:
Ans: a broad understanding of national government’s powers under the Constitution.
Analytical Element: The Texas Constitution and Federalism NOTES:
●
Definition of Federalism
: Federalism in the United States is a phenomenon created by
the Constitution, dividing authority between the central government and state
governments.
●
Origin of Federalism
: Federalism was not consciously designed but resulted from the
Constitution's decision to establish a national government, reflected in the supremacy
clause and the Tenth Amendment.
●
Independent Authority for States
: Despite federalism, states retain real and
meaningful independent authority, particularly in areas like police power, governing the
community, and providing for basic needs like safety, health, and education.
●
State Constitutions
: Each state exercises its authority through a state constitution,
establishing republican government, majority rule, limited constitutional government,
separation of powers, and a dedication to securing individual rights.
●
Variability Among States
: State constitutions differ from state to state in how they
arrange governmental power, leading to differences in the kind of power that each state
government operates with.
●
Focus on Texas Constitution
: The discussion narrows down to the constitution of the
state of Texas, written in 1876 as a reaction to the Reconstruction period after the Civil
War.
●
Goals of Texas Constitution
: The Texas Constitution aims to enhance popular liberty,
focusing on individual citizens' choices and controlling government to prevent
infringement on liberty.
●
Weak Executive and Legislative Branches
: The executive and legislative branches in
Texas are deliberately created to be weak, with frequent elections and responsiveness to
voters, favoring republican responsiveness over creating energy and stability in
government.
●
Specificity and Restriction of Texas Constitution
: The Texas Constitution is highly
specific and restrictive, detailing what government may not do to protect the liberty of
citizens.
●
Amendments and Length Comparison
: The Texas Constitution has been amended
about 500 times, and its length, now more than 85 thousand words, is more than ten
times that of the United States Constitution, emphasizing its specificity.
●
Purpose of Texas Constitution
: The primary purpose of the Texas Constitution is to
prevent government actions that might restrict liberty, rather than granting government
the power necessary to secure rights effectively.
●
Limitations at the State Level
: While effective at the state level, the Texas Constitution
might lack sufficient power for governing at the national level, where concerns like
national defense and emergencies come into play.
Quiz 2 — 100%
Q1-. The primary purpose of the authors of the current Texas Constitution was to:
Ans: to protect the liberty of Texas citizens from government.
Q2-. The Texas Constitution has been amended about how many times?
Ans: more than 400 times.
Q3-. The Texas Constitution is more than ten times the size of the Constitution of the United
States?
Ans: True.
Analytical Element: Political Parties in the United States NOTES:
●
The United States has a unique political landscape with only two major political parties,
which is uncommon given the country's size and political diversity.
●
The focus is on exploring the structure of the U.S. electoral system to understand why
there are only two major parties.
●
Two key aspects of the electoral system are highlighted: single-member districts and
plurality winners.
●
In single-member districts, voters in each district choose one representative for the
House of Representatives, leading to a winner-takes-all scenario.
●
Contrasted with proportional representation, where voters vote for parties, and seats in
the legislature are distributed based on the percentage of votes each party receives
nationwide.
●
Plurality winners refer to candidates winning with more votes than any other, even if it's
not a majority.
●
The hypothetical example illustrates how different electoral systems can impact the
representation of political parties.
●
In a single-member district system with plurality winners, it tends to lead to a two-party
system, as parties form coalitions to maximize influence.
●
The nationwide nature of the presidency and the control of Congress contribute to the
formation and maintenance of two major parties.
●
The electoral system influences voters to align with one of the two major parties, leading
to a perception that voting outside these parties is less impactful.
●
The need for broad coalitions in elections tends to moderate the views of political parties,
making them less extreme and more similar.
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●
Overall, the electoral system with single-member districts and plurality winners
encourages a two-party system with moderate and indistinct party principles.
Quiz 3 — 100%
Q1-. In a system of single member districts after one election (no runoff and no ties) which of the
following must be true? (Select all correct answers.)
Ans: Any candidate who is victorious with a system of majority wins is also victorious with a
system of plurality wins.
Ans: In a system with majority wins there might be no victor until there is a runoff.
Ans: In a system with plurality wins some candidate will have won the election.
Q2-. The voters in the state of Texas elect 36 people to serve in the House of Representatives.
How do they go about selecting those members of Congress?
Ans: Each of the 36 is elected in a particular district and is voted on only by the people of that
district.
Q3-. In a particular country the people's political opinions lead them to divide themselves into
five distinct groups, represented in five political parties (with each of the five named after an
animal). The five parties are listed below in order from most liberal to most conservative. In the
end the election for the legislature in this country that people vote for the parties and their
candidates as follows (with the distribution of the vote being the same in the country as a whole
and in every part of it):
Lion 19%
Fox 26%
Falcon 10%
Tiger 24%
Wolf 21%
With this system of single member districts and plurality winners after several election cycles
have taken place, the voters from which of the original five groups are most likely to be decisive
in determining the outcome of elections?
Ans: Falcon
Q4-. In the same scenario as the previous question, suppose that after several elections there
had developed two large political coalitions of approximately equal size, one including liberals
and the other including conservatives. In order to win the elections each of those coalitions
would need to do which of the following?
Ans: Adopt broad positions on particular issues designed to appeal to moderate, undecided
voters.
A More Perfect Union (Constitution USA Series episode on federalism)
QUESTIONS:
1.
Is medical marijuana legal in California ?
Yes, but federal authorities could get you in
trouble for that since it does violate federal law.
2.
What argument against federal regulation of the Buck-A-Roo rifle in Montana is made in
the video?
If the gun is only sold in Montana, and made in Montana the federal gov.
doesn't have to regulate it, fed. gov should respect the commerce clause.
3.
What are some examples of innovations in state-level “laboratories of democracy” that
were later adopted at the national level?
They conduct social and economic
innovations. Las Vegas: Gambling, easier marriage/divorce, prostitution. Women
voting in Wyoming then other states began adopting that. Massachusetts first
state to provide health law for citizens.
4.
Why did the federal government (rather than Arizona and/ or Nevada) build the Hoover
Dam?
Back then Arizona/Nevada didn't have the money to do it, and the
population was not big enough.
5.
When did the federal government begin to assume a much greater economic and
regulatory role?
Great Depression/Hoover Dam Early 30s Pres. Roosevelt launched
the New Deal to stimulate growth and economy. Ex. social security, FDIC
6.
Why did President Eisenhower send federal troops to Little Rock, Arkansas in 1957?
B/c
of protests not allowing black students in school. They were sent as protection for
those black students.
7.
Why is relying on the federal government problematic, according to P.J. O’Rourke?
Once a problem goes to the federal government and it's solved the government is
still there being too powerful as well as strong.
8.
What are Kentucky Senator Rand Paul’s complaints against federal regulations of
toilets?
States the fed gov is unfair and unconstitutional making him change
something in his home, therefore making him spend more money.
9.
What is the Federal Register and how large is it ? What are some examples of
questionable federal regulations?
Federal register contains 82,000 and more pages.
It is the bulk of federal regulations. Ex: Dentures can only be transported by
dentures.
10. What is the constitutional basis of federal regulation? Why did the federal g overnment
sue Roscoe Filburn? What is the significance of Wickard vs. Filburn (1942)?
His
production meant he didn't buy from anyone else meaning others would maybe
start doing the same thing driving wheat prices down. Filburn was growing too
much wheat, he argued he wasn't selling it that it was for personal use.
11. Why do opponent s of federal regulations argue that they restrict liberty?
They can start
telling you how to do everything. Fed. gov. makes decisions for everyone at once.
State level regulation you can leave the state if you don't like the rules, national
regulation you don't like the rules you have to leave the country.
12. For what kinds of problems might federal regulations be especially appropriate?
Efficiency standards, which lower pollution, etc.
13. Can (or should) the distribution of powers between the federal government and the
states be settled once and for all ?
No, the tension is good.
Built to Last? (Constitution USA Series) QUESTIONS:
1.
What country was in the process of adopting a new constitution in the video?
Iceland
2.
According to historian Richard Beeman, did the Founding Fathers believe that the
Constitution would last so long?
They would be astonished as to how long it has
lasted. They created a framework a flexible one, they knew it was a fragile union
that would change.
3.
How many amendments have been approved? Have most amendments improved the
Constitution, according to Akhil Reed Amar? What exception does he cite?
27 have
been approved. Not all of them pass, but they do make the constitution better. The
exception is prohibition.
4.
What legal measures have facilitated greater equality for women (including the realm of
sports) since the early 1970s? What lesson s about constitutional change does the video
draw from the trend of gender equality?
Title IX (9) has revolutionized women in
sports. Expanding opportunities in the workforce. The constitution could help
women's rights w/o necessarily changing the Constitution.
5.
What critical role did the Supreme Court play in the resolution of the Watergate crisis?
Did the Constitution work?
The Supreme Court ruled Nixon had to turn over the
actual un-edited tapes.
6.
Constitutional protections have sometimes not been respected during war. What
examples are given in the video?
Abraham Lincoln: Suspended Marshall Law,
southern sympathizers in court Roosevelt ordered the internment of Japanese
after Pearl Harbor Patriot Act
7.
Why did other Great Lakes States sue Illinois? What lesson about the Constitution is
drawn from this example?
They wanted them to stop the flow of the Chicago River
to the river in Miss.The Constitution has the tools to solve the problem they're just
not stepping up. In cases of war gov has overstepped
8.
Why has the U.S. government often been deadlocked in recent years , according to
Barney Frank ?
Political parties have separated and caused tension within
American citizens.
9.
What is gerrymandering? What impact does it have?
Gerrymandering is drawing up
lines that divide the cities into districts. Benefits particular political party. It
groups together voters who usually vote the same way. Helps incumbents win
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10 . What message about the future is conveyed in the video?
democratic corrupted in weeds
of money living document