GOVT 310 Study Guide - Spring 2018, Comprehensive Midterm Notes - United States Constitution, United States Congress, United States Senate
12 Oct 2018
School
Department
Course
Professor
GOVT 310
MIDTERM EXAM
STUDY GUIDE
Fall 2018
U.S. is 1st federalist country in the world: oldest written constitution
•Mexico
•Canada
•Australia
•Switzerland
•Russia
•Brazil
•Argentina
•India
•26 countries in the world today
•40% of people live in federal systems
•federalism: system if government that establishes unity while also preserving diversity
•confederation: form of federalism composed of constituent communities who hold
most of the power and expressly give powers to the federal government
•no implied powers
•national government lacks power to regulate individuals
•right of succession
•sovereignty lies in constituent communities
•Ex: European Union, Articles of Confederation
Factors Distinguishing Federalism
•non-centralized government
•neither constituent government nor federal government can unilaterally alter
distribution of power
•Ex: amending U.S. Constitution requires 3/4 of states approval and 2/3
Congressional approval
•governing is intergovernmental
•dual sovereignty: federal government is sovereign in its powers and states are
sovereign in their powers
•dual citizenship: you are citizen of your states and the U.S
•established by 14th Amendment
•dual constitutionalism: U.S has constitution and each state has a constitution
find more resources at oneclass.com
find more resources at oneclass.com
•“complete U.S. Constitution”: includes both U.S constitution and all state
constitutions
•not all constitutionally federalist countries are democratic
•Ex: USSR, modern Russia
•Republic: people elect officials to govern on their behalf
•Government belongs to the people
•Democracy: rule by majority
•not always just: risk of tyranny of the majority
Values of Federalism:
•large scale democracy
•pluralized democracy: different groups are protected and represented
•peace and security from internal and external threats
•common market prosperity
•liberty
•communitarian liberty: right for states to self govern
•individual liberty: right individuals have to autonomy
•checks and balances
•public service efficiency
•freedom to move: “voting with your feet”
•justice: matching burdens with benefits
•local governments: schoolhouses of democracy
•provide greatest constituent involvement
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Factors distinguishing federalism: non-centralized government, neither constituent government nor federal government can unilaterally alter distribution of power, ex: amending u. s. constitution requires 3/4 of states approval and 2/3. Hierarchy/conquest government: dominant gure at the top, imposes will on society: little choice, most countries in past ruled like this, ex: iraq. Strengths of articles: many federal powers, borrow money, create common currency, declare war, make treaties, postal service, northwest ordinance passed under articles, allows new territories to apply for statehood, set precedent for new states. Weaknesses of articles: 1 chamber congress- 1 vote per state, no federal taxation, no enforcement mechanism for federal government. Anti-federalist opinions: constitution needs bill of rights, george mason: author of va bill of rights which became model for the constitution"s. Dartmouth v woodward: protection of contracts: federal government can"t interfere, contract clause basis for this, contract protection fundamental to economic system.
