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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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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