POLS 102 1st Edition Lecture 5Outline of Last Lecture I. Why we have government? (Continued from last class)a. Addressing collective action problemsi. Prisoners dilemmaii. Tragedy of the common goodsII. How do we study politics?a. Rules determine payoffsb. Rules determine who has certain informationc. Rules determine what appropriate behavior is and what behavior is allowed under the lawd. Rules determine who gets to participateIII. Constitution Foundationsa. Why the Articles of Confederation?i. Feared Disorderii. Colonies were used to self-governmentiii. They had Calvinist work ethicsiv. Quality workersb. Articles of Confederationi. Characteristicsc. James Madisoni. Understood problems of free ridingii. Understood problems with Factionsiii. Financial Problems and inflationiv. Wanted a strong governmentIV. The Conventiona. Consensus among founders for strong national governmentb. Virginia Planc. Virginia Plan Summaryd. Virginia Plan could not win ratification resulting in the Connecticut Compromisee. Conflict between small vs. large states and North vs. South statesOutline of Current Lecture 1. The Constitutiona. Article 1b. Article 2c. Article 3d. Article 4e. Article 5f. Article 6These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.g. Article 72. Federalisma. Dual b. Cooperative3. Government of National Power – relative to statesCurrent LectureThe ConstitutionArticle 1 – The Legislation: the House and Senate are separately elected (minimizes positive power)A. Commerce Clause (section 8) – Gave the power to Congress to impose a national tariff which allowed them to regulate interstate commerce.- Southerners would now have more representation, instead of the Northern states having all the power.- Talked about in Federalist 10B. Necessary and Proper Clause (aka the Elastic Clause) (section 8)- Congress has the power to implement the necessary and proper laws in order to regulate commerce.C. Presidential Veto (negative power) (section 7)- The President can block legislation from becoming law. This increases the transaction costs for the House and Senate; because, to get past the president you need a 2/3 majority vote in the House and Senate.- Result: House and Senate have trouble passing a law that they want.- Federalist 51 – the checks and balances we have make it hard to pass laws and it makes tyranny impossible. However, conformity costs will always be low.D. States given control over elections (section 4)- This provision has led to the most amendments to ensure the people’s right to vote (for example: amendments 13, 14, 15, 19, etc.)Article 2 – The Executive BranchA. Vesting Clause (section 1) – vests all executive authority in the power of the United States - Very vague statement because we cannot completely define “executive authority” and there are many different viewpoints of itB. Take Care Clause (section 3) – the president shall make sure all laws are being faithfully executed. - The president is in charge of all agencies and he hires secretaries to oversee themC. Commander and ChiefD. In summary, the confederation gives very little specific positive power to the president.Article 3 – The JudiciaryA. Congress has the power to…- Create National Courts (there are currently 13)i. They decide how many Supreme Court justices there are- Decide appellate jurisdiction of courts (decide if they go to the Supreme Court or not)B. Calls for Supreme Court- Defines original jurisdiction of the Supreme Courti. What rights their law covers- Does not give the Supreme Court the power of Judicial Review i. Judicial Review – reviewing the actions of local, state or national government and deciding if they are consistent or inconsistent with the Constitution.ii. With Maurbury vs. Madison the Supreme Court started using Judicial Review.Article 4 A. States must recognize validity of other states laws- Example: an issue states are facing right now is gay marriage. Suppose a couple gets married in a state where it is legal to have gay marriages and then they move to a state where that is not legal and they want a divorce. The second state has a problem because they don’t even recognize the couple as being married in the first place. However Article 4 says that they have to. B. The national government guarantees a republican form of government to every state- Republican = representatives- AKA – a form of government where citizens can elect their representativesArticle 5 – Governs Amendment Procedure- The House and the Senate can pass a bill with 2/3rds majority - Then it must be ratified by 3/4ths of all state legislatures Article 6 A. All debts will be paid under the Articles- This was intended to help the debt situation that was occurring at the timeB. Supremacy Clause – when state laws conflict with national laws, national law will always predominate.C. No Religious test for officeArticle 7 – Governed Ratification A. Once 10 out of 13 of the states ratified the Constitution, it went into effect in all of the states.B. This was a really revolutionary moveC. It cut down on transaction costsBill of Rights – first 10 amendments- First 9 amendments specifically restrict congress from doing things- Infringing on these rights aren’t infinite.Federalism- The state and national governments exist as separate forms from one another and citizens give them the legitimacy to existDual Federalism 1. Layer Cake Metaphor- You have a three layer cake – chocolate, vanilla, and strawberry. The layers don’t interfere with each other; there is no vanilla in my chocolate, strawberry in my vanilla or chocolate in my strawberry.- We do not have this type of Federalism.2. The federal government performs some functions exclusively, states don’t perform these functions at all.3. State government performs some functions exclusively, federal government doesn’t perform those functions at all.Cooperative Federalism1. Marble Cake Metaphor- You have a three layer cake – but the layers & flavors are all intermixed. A little bit of flavor in each layer.2. Federal and state government perform the same functions- Public schools get funding from the national and state governments so they have to follow specific rules and regulations3. Often on level of government performs most functions; the other level provides complimentary functions. - National Security =