From 3e15e234b773af1edc88552c9787bcd18fd90dbc Mon Sep 17 00:00:00 2001 From: Holden Rohrer Date: Thu, 17 Sep 2020 13:29:16 -0400 Subject: watched a couple of lectures --- PROGRESS | 4 ++-- rich/12_constitution | 37 +++++++++++++++++++++++++++++++++++++ rich/13_interstate | 48 ++++++++++++++++++++++++++++++++++++++++++++++++ 3 files changed, 87 insertions(+), 2 deletions(-) create mode 100644 rich/12_constitution create mode 100644 rich/13_interstate diff --git a/PROGRESS b/PROGRESS index 5e67d1b..8b40e96 100644 --- a/PROGRESS +++ b/PROGRESS @@ -2,8 +2,8 @@ + The Reactionary twenties lecture + Aug 31 lecture (INTA) + Sep 2 lecture (INTA) -- Sep 4 lecture (INTA) -- Sep 9 lecture (INTA) ++ Sep 4 lecture (INTA) ++ Sep 9 lecture (INTA) - Sep 11 lecture (INTA) - Sep 14 lecture (INTA) + Sign of Four + Other portrayal of Sherlock diff --git a/rich/12_constitution b/rich/12_constitution new file mode 100644 index 0000000..596ed2e --- /dev/null +++ b/rich/12_constitution @@ -0,0 +1,37 @@ +Why did the founders choose federalism? +- Anti-confederal: common problems (trade agreements, war, treaties) +- Anti-unitary: Geographic size prevented national control of locals. +- "Sectionalism" + - San Francisco, highly socially liberal + - Milton, FL, much more socially conservative + - National policies CANNOT address regional audiences. + - BUT national policies still need to exist +- Federalism maintains the right power balance + - National can't overimpose on states + +American Federalism +- National + - Enumerated (expressed) powers + - Coin money, declare war, etc + - Implied (more vague) powers + - "Necessary and proper", "Elastic clause" + - lets power of congress stretch based on power balance + - Inherent (basic) powers + - Treaties, wage war, expand territory +- States + - Reserved powers + - 10th amendment delegates the remaining powers + - Congress, Supreme Court have specified this more precisely. +- Other powers + - Concurrent powers: state and US share + - Taxes + - Criminal system + - Prohibited powers + - States cannot form standing army + - Federal cannot form interstate tariffs + +- Supremacy Clause (Article 6) + - Feds trump states +- Vertical "checks and balances" +- "All states are created equal" + - "Horizontal Federalism" diff --git a/rich/13_interstate b/rich/13_interstate new file mode 100644 index 0000000..c1f885b --- /dev/null +++ b/rich/13_interstate @@ -0,0 +1,48 @@ +Potential interstate problems: Article 4 of the Constitution +- "Full faith and credit clause": states must honor legitimacy of others + - Ex: driver's licenses are validated in other states +- Privileges and immunities + - You don't become an immigrant by moving states + - Citizen of Georgia = Citizen of Florida +- Interstate extradition + - Fleeing a crime between states means you get sent back +- Interstate compacts + - Subject to congressional approval + - Because this will increase the power/rights of a state +- Still being decided through state powers, census, districting + +Two general stages of federalism since civil war +- Dual federalism (1829-1937) + - Divided based on commerce + - Interstate = federal domain + - Limited at the time, local commerce much more common + - Intrastate = full state control +- Cooperative federalism, started by New Deal (1937-1968) + - Federally funded but state-administered + - National Government has a bigger role because they hold the purse + - Social Welfare motivated in public opinion +- The 1970s have unclear federalism + - Public opinion turns against feds: Recession, Vietnam, Nixon +- 1980s--present shifts more power to the states + - President Reagan reshapes federalism + - Public opinion against big government + - Block Grants replace states administering specific programs + with states administering a lump sum social welfare system. + - Puts blame onto state governments + - Lets Reagan build up national defense as much as possible + - Rehnquist Court - Commerce Clasue + - Expanded definition of intrastate commerce + - Reverting to dual federalism +- Future + - FBI and counterterrorism actually hand power back to the states + - Devolution: shift power from national to states + - Clarence Thomas - conservative on SC - favors state power + - Believes it to protect private activity and indiv. freedom + Arguments: + - Geographically easy to petition government + - States control day-to-day bureacracy + - Federal programs can be shaped to state pops. + - States innovate new individual rights (ex social programs) + - You can migrate to shop around for rights + - Good or bad? Unclear. + - But there is a greater burden on state finances -- cgit