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TAMU POLS 207 - Congressional Power Limits and Modern Centralization cont.
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Lecture 2 POLS 207 Outline of Last Lecture Centralization of American Government I Government Centralization at the national level A Loss of state and local powers B Congressional action II Sources of reasons for this centralization A Federal government has more money than state local B Nationalist interpretation of US Constitution Outline of Current Lecture Congressional power limits and modern centralization cont I SCOTUS dual track strategy A Narrowing Congress commerce power B Reviving sovereign immunity II Sources of modern centralization cont A Political participation system B Shifting ideological center Current Lecture I Can Congress power be limited SCOTUS is following a dual track strategy to limit Congress authority A Narrowing reach of Congress 1 8 powers esp the commerce power The Congress shall have the Power To regulate Commerce with foreign Nations and among the several States and with the Indian tribes In US vs Lopez 1995 the Supreme Court recognized for the first time in sixty years that Congress power over interstate commerce is limited Congress only has powers specifically enumerated in Constitution See D M pg 99 100 for elaboration General welfare power police power should belong to the states States have authority to regulate public health safety and morals Side note Federal grant aid usually turns into Federal intrusion because the Fed can monitor the results of their money If their assistance is accepted then they have a right to get involved Accepting Federal aid accepting that Big Brother Government will be with you every step of the spending process Obamacare is an example of Congress trying to reign in interstate commerce clause but reinforced authority to tax and spend without limits B Reviving since 1996 the doctrine of sovereign immunity Sovereign immunity is the idea that the government the sovereign cannot be sued by its own justice system without its consent It stems from the 11th Amendment The Judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by Citizens of another State or by Citizens or subjects of any foreign State Example Americans with Disabilities Act It s on every syllabus If you try to sue Texas for infringement of this act Texas has sovereign immunity It can only be sued if it allows itself to be sued II Sources of modern centralization cont A The political participation system Rights of participation have expanded The voter base has ballooned from only white landowning males to every American citizen that is of age The modern beneficiaries of this women and minorities tend to be more supportive of an activist national government B A shifting ideological center From mid thirties to late seventies there was a fairly stable political consensus esp among elites about the role of national government in domestic affairs However Barry Goldwater challenged this consensus in 1964 leading to substantial electoral losses for Republicans in that year s elections Since 1980 there s been a major conservative challenge Since the eighties mostly Republican presidents and since 1994 mostly Republican congresses to this consensus In 94 the Republicans took control of Congress including the House of Representatives which hadn t happened since 1953 See D M Ch 5 164 167 for elaboration Republicans also made significant gains in the states State governors went from 20 30 overnight State legislatures Republicans nearly equal with the Democrats 1994 19R 18D 12S Those seats add up to 49 not 50 because Nebraska has a nonpartisan election and therefore can t be counted here With 2000 02 and 04 elections Republicans solidified control of Congress and for the fist time since 1953 Republicans control BOTH presidency and congress BUT that all changed with the 2006 and 2008 elections Democrats wins presidency in 08 In Congress Dems increase majority in 08 after regaining control in 06 In the states governors 29D 21R BUT with November 2010 elections Reps take controls of House although Dems win a smaller majority in Senate Republicans make significant gains in the states Governors 29R 20D 1I Legislatures 25R 16D 8S 12 election became in part a choice between alternative visions of the appropriate national government role in domestic affairs but the results weren t particularly decisive


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TAMU POLS 207 - Congressional Power Limits and Modern Centralization cont.

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