Kelvin Liu AP Gov + Politics Unit 1 Essay Prompts 1.

Change of meaning of Constitution intro: living document, problems with Articles a. Identify two formal methods for adding amendments i. Proposed by 2/3 of both Houses or 2/3 State Legislatures apply through Convention for proposal ii. of States Legislatures or Conventions have to ratify b. Describe two inform methods change meaning i. Technology the development of new technologies needs to be accounted for within the Constitution. Such technologies as nuclear weapons have resulted in the pioneering of new legislation never before mentioned within the Constitution.* ii. Supreme Court Decisions made by the Supreme Court are the actual interpretations of the Constitution, made by that particular court. The changing of courts will bring different interpretations*. Interpretations, in general, determine the actual practical meaning of the Constitution. (Marbury v Madison) c. Explain why informal methods are used more i. Despite being easier to amend than the Articles of Confederation, the amendment process of the Constitution still requires much time and organization of the 50 states, which cannot be done either easily or frequently. Therefore, in order to fit the Constitution with the demands of modern day issues, the informal approach is generally used to change the meaning of the Constitution. 2. Power of Federal government over States power has increased a. Explain how each has been used to expand Federal power i. necessary and proper ii. Commerce Clause b. Explain how Federal Grant System increased power of federal government i. 3. Federal System a. Federalism power is divided between central authority (federal government) and individual units (states) b. Explain how each has been used to increase power of federal govt i. Categorical grants partial preemption Project and Formula 1. Main source of Federal aid to state/local governments 2. Must be used for specific purposes 3. Fed attaches restrictions a. Ex. Nondiscrimination provision, environmental 4. Crossover sanctions withholding grants from states that do not comply with other Federal legislation a. Withholding highway funds from states that refuse to raise drinking age

5. Crosscutting requirements lose funding for all sections if do not comply with restriction ii. Federal mandates Total Preemption 1. States must follow laws, given no funding a. NCLB, Narcotics, 18 yo voting, ADA b. Moto Voter by Clinton failure, DMV had no money to register c. Justified by Supremacy Clause c. Explain how each has been used to increase power of states i. Block Grants - 1966 1. Grants are given with broad areas deciding how to spend money, Education ii. Tenth Amendment 1. The tenth amendment states that any power not granted to the federal government or prohibited by states are reserved for the states. 2. Elastic Clause for states 3. 4. Graph a. Identify two trends b. Explain how following contribute to difference between the federal and the state and local lines in the graph i. Block Grants ii. Federal Mandates 5. Constitution attempt to address problems of decentralization seen in Articles a. 3 problems of decentralized power under the Articles. Identify solution in Constitution i. Congress was not authorized to raise money through taxation 1. Without a way for Congress to generate resources, becomes effectively useless 2. Relied upon states to voluntarily chip in money states rarely did 3. Article 1, under specific powers of Congress power to lay and collect taxes, and tariffs 4. Shared power ii. Federal govnt was not given sole power to coin money 1. States would print their own money, federal money would be worthless 2. In general, made trade between and within states very complicated and unorganized 3. Article 1, under specific powers of Congress power to coin and regulate money iii. The central government was not given authority to act directly on individuals and states 1. b. Tensions between decentralized and centralized power still exist. Support argument through issue of (Gay Marriage, Gun Rights, Abortion) i. Gay Marriage

1. According to full faith and credit in Article IV of Constitution, all marriage/divorce licenses must be respected in all states 2. Currently, only 13 of the 50 states legalize same-sex marriage 3. State v. Fed Equal Protection clause of the 14th amendment ii. Gun Rights 1. The second amendment grants the right to keep and bear arms 2. Some states have a stricter gun law, others, like Texas, have a more relaxed one. 3. State v. Fed under what conditions are citizens allowed to keep and bear arms iii. Abortion 1. Fight over the right to life of the first amendment 2. Various states have their own laws concerning abortion 3. 30 of the 50 prohibit abortion 6. Federal Grants and Supreme Court expanded power of national government a. 2 pivotal periods in history that expanded use of federal grants i. Franklin Roosevelts New Deal social relief, financial reform, and economic recovery from 1930s Great Depression 1. Federal Emergency Relief Act of 1933 (FERA) a. First grant to states for the express purpose of providing public relief b. $3 billion over 3 years c. States were required to match half of FERA funds with state funds d. Could distribute where the states felt the funds were most needed 2. Expanded the use of categorical grant programs 3. Concentrated more authority and responsibility at the federal level 4. After the New Deal, successive presidents Truman, Eisenhower, and Johnson continued Roosevelts legacy of federal involvement through categorical grants/federal programs ii. Richard Nixons New Federalism Decentralize decision making to states and localities 1. All previous programs gave grants that had restrictions on them 2. Nixons New Federalism intended to devolve a greater degree of decision making to states 3. General revenue sharing sent funds to states and local government with virtually no programmatic requirements 4. Special Revenue sharing - Programs intended to give states broad discretion in addressing the functional area 5. Similar to block grants, but even less no application and fewer programmatic strings 6. Modification of special revenue sharing Congress wanted more control 7. Community Development Block Grant program b. 2 Supreme Court cases that expanded use of the implied powers of National Government

i. South Dakota v. Dole 1986, Rehnquist court 1. States that did not adopt the 21 year old drinking age were deducted 5% form highway funds 2. Included within general welfare, Article 1, section 8 ii. McCulloch v. Maryland 1819, Marshall court 1. The creation of the national bank was justified by the necessary and proper clause of the Constitution 2. States that Congress has powers not explicitly outlined in Constitution 3. States cannot impose taxes on federal organizations 4. 7-0 defeat