Federalism and Public Policy

PART 1

( at least 300words)
Federalism and Public Policy
“Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers.” – Alexander Hamilton
The U.S. Constitution established a national government based on the principle of federalism – which delineated government responsibilities at the federal and state level. Although the word federalism does not appear in the U.S. Constitution, sections of the U.S. Constitution explain powers held solely by the federal government, shared by both the federal and state governments, and reserved to the states.
Watch Constitutional Hall Pass: Federalism, a brief video explanation of federalism from the National Constitution Center.
Since ratification of the U.S. Constitution in 1788, the federal and state governments have been, on occasion, embroiled in a series of authorial and policy making debates regarding the U.S. Constitution – in particular the evolving interpretation of the Tenth Amendment. This debate between federal power and state’s rights has many public policy examples.
• Identify the constitutional principles of federalism.
• Select a specific example of federalism from one of the following fields:
o Economic policy (for example, U.S. allocation of federal grants)
o Education policy (for example, the implementation of Common Core)
o Environmental policy (for example, the Clean Air Act)
o Healthcare policy (for example, the Affordable Care Act (Obamacare))
o Welfare policy (for example, Medicaid)
• Explain this specific example of federalism.
o Is this specific public policy a federal, state, or local public policy?
o How does this specific public policy affect the roles of the legislative, executive, and judicial branches within a federal government?
o Why does this example interest you?
o How does this example affect you?
• Support your analysis with information obtained from the text, the U.S. Constitution, and/or subsequent federal and state laws.

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PART 2

Directions: Within a 500 word at least, APA formatted expository essay, please include:
• A title page
• An introduction
• How do Federalists and Anti-Federalists plan to organize the federal government?
• Executive Branch
• How does the U.S. Constitution reflect the Federalist plan?
• Legislative Branch
• How does the U.S. Constitution reflect the Federalist plan?
• Judicial Branch
• How does the U.S. Constitution reflect the Federalist plan?
• How did the Federalists and Anti-Federalists understand the relationship between the federal government and the states?
• How does the U.S. Constitution reflect the Federalist plan?
• How did the Federalists and Anti-Federalists articulate their arguments within local newspapers’ letter to the editor that argued for and against ratification?
• Based on your academic understanding of federalism which party would you align yourself with? Why?
• Support your analysis with information obtained from the text, the U.S. Constitution, and at least two Federalist and/or Anti-Federalist essays.
• A conclusion
• A reference page
Your paper should also meet the following requirements:
• APA format.
• Title page.
• Reference page.
• APA citations.
• Double spaced sentences.
• 12-point Times New Roman font.
• Standard English grammar conventions.
• Correct grammar.
• Correct punctuation and spelling.
• Logical, well ordered sentences.

PART 3

The Imperial Presidency
“The critical tests of the imperial Presidency are threefold: the war making power; the secrecy system; and the employment against the American people of emergency authority acquired for use against foreign enemies.” – Arthur Schlesinger
In Unit 1 you read and analyzed the U.S. Constitution. Now, armed with a textual and nuanced understanding of the U.S. Constitution, including Article II, you may come to the conclusion that the founding fathers, leery of tyrannical monarchs, deliberately made vague the powers and responsibility of the president.
That said, many historians argue that the institution of the presidency has grown over time. In 1973, Arthur Schlesinger Jr. published The Imperial Presidency. Whereas the book examines the history of the presidency since inception, the author focuses on the increasingly expansive executive power of the Nixon presidency. Subsequent scholars have used the term “imperial presidency” to argue that since WWII, that expansion of presidential power and the growth of the federal bureaucracies is a dominant feature of the modern era. (Schlesinger, 1973)
Directions: Using the required, academic readings, and supplemental academic research, please address the following while adhering to the Discussion Board Rubric:
• Identify the constitutional powers of the presidency.
• Select two examples of the growth of presidential power during the 20th and 21st centuries.
• Support your examples with information obtained from the text and at least two academic articles.
o Although you may use additional academic articles obtained from the Library, here are some notable academic articles:
 Tushnet, M. (2015). The Presidential Empire. Dissent (00123846), 62(2), 101.
 Savage C. Takeover: Return of the Imperial Presidency [article]. Washburn Law Journal [serial online]. 2008;(2):299. Available from: HeinOnline, Ipswich, MA. Accessed April 13, 2015.
 Carey, G. W. (2007). The Problem of the Imperial Presidency. Modern Age, 49(4), 443-451.
 Rudalevige, A. (2006). The New Imperial Presidency: Renewing Presidential Power After Watergate. Ann Arbor: University of Michigan Press.
 Boyer, P. (2010). The Imbalance of Power: How the Manhattan Project gave birth to the imperial presidency. American Scholar, 79(2), 105-108.
• How does the dramatic growth of the federal bureaucracy affect public policy?
• Based on your understanding of the U.S. Constitution, how do you understand the increase in presidential power?
o Does this increase in executive power decrease the authority of the legislative or judicial branch? If so, please provide a specific rationale.

PART 4

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Congress and the Legislative Process
“Our intent will not be to create gridlock. Oh, except maybe from time to time.” – Bob Dole
As per Article I, Section 2 and Section 3 of the U.S. Constitution, the United States Congress is divided into two parts (bicameral): the House of Representatives and the U.S. Senate. Whereas the U.S. Senate is comprised of two senators per state, the House of Representatives divides 435 representatives among each state, according to U.S. Census data. As per Article I, Section 2, each state has at least one congressional representative. That said, many populous states have over twenty congressional representatives. California, the most populous state in the nation, has over fifty congressional representatives.
Congressional representatives serve a two-year term. As per Article 1, Section 5, a representative proposes bills, amendments, and resolutions, and serves on a myriad of congressional committees. Yet, in contrast to a U.S. senator, congressional representatives serve a distinct, geographical area – his or her congressional district. Thus, they are charged with representing the political will of the citizens in their district.
Each member of Congress maintains an official website. You can either access house.gov or senate.gov to look up your Congressional representative or both Senators; or you can look up members of Congress via Congress.gov. Each member of Congress includes within their official website information about the member of Congress, information about the district and/or state, legislative issues, and information regarding constituent services.
Additional information about members of Congress (not actually written by said members of Congress) can be obtained from the following resources:
• The Voter’s Self Defense System. (n.d.). Retrieved from https://votesmart.org.
• OnTheIssues.org. (n.d.). OnTheIssues.org – Candidates on the Issues. Retrieved from https://www.ontheissues.org.
• Data on Campaign Finance, Super PACs, Industries, and Lobbying. (n.d.). Retrieved from https://www.opensecrets.org.
• GovTrack.us. (n.d.). Retrieved from https://www.govtrack.us.
Directions: Using the required, academic readings, and supplemental academic research, please address the following while adhering to the Discussion Board Rubric:
• Identify the constitutional powers of Congress.
• Select your House of Representative or one of your two Senators.
o Your member of Congress serves on various committees and/or subcommittees in Congress. Identify and describe those committees and/or subcommittees.
o What political, social, and economic issues are important to your member of Congress?
• Write a letter to your selected member of Congress. Please include the following:
o An analysis of how this member of Congress aligns with you regarding at least two political issues.
 Support your analysis with specific legislation that your member of Congress either wrote (sponsored) or voted for or against.
References:
U.S. Senate. (n.d.). Retrieved from https://www.senate.gov/.
U.S. House of Representatives. (n.d.). Retrieved from https://www.house.gov/.
National Constitution Center. (n.d.). Retrieved from https://constitutioncenter.org/.
The Legislative Process: Overview. (n.d.). Retrieved from https://www.congress.gov/legislative-process.
The Constitution of the United States. (n.d.). Retrieved from https://www.archives.gov/founding-docs/constitution.

PART 5

Congress and the Presidency: An Unequal Relationship?
“The tyranny of the legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period.” – Thomas Jefferson
In 1783 American colonists, defying incredible odds, had just beaten the United Kingdom, western hemisphere’s preeminent power, in the American War for Independence. (NPS.gov, n.d.) Now, these thirteen colonies, saddled with a new governmental charter, the onerous Articles of Confederation, sought to chart their own, independent path. (Gilderlehrman, n.d.) As a result, in 1787 disgruntled colonists sent delegates to Philadelphia in order to revise the dysfunctional Articles of Confederation. Yet, in a radical departure, most delegates decided not to amend the current constitution, but instead to craft a new Constitution. (OConnor & Sabato, 2019)
During the four month Constitutional Convention the delegates readily agreed upon James Madison’s basic premise of a new, United States government delineated along three branches: legislative, executive, and judicial. That said, most delegates envisioned a strong legislative body and a weak executive office. (Maier, 2011)
Today, many historians and political scientists argue that the institution of the presidency has dramatically increased in power since the end of WWII at the expense of Congress.
This notion of a modern, expansive presidential power, stands in steadied contrast to Congress’ Constitutional ability to “check” the executive branch.
The U.S Congress has three, broad powers that, as per the founding fathers, act as a “check” against the executive branch:
• Lawmaking Power. Only Congress can propose and pass legislation.
• An example of Congress’s lawmaking function is the Declaration of War with Japan of 1941. More information about Congress’s ability to declare war can be found on the official House of Representatives’ website.
• Budgetary Power. Only Congress has the authority to pass and fund the federal budget. Whereas the president request monies for the federal bureaucracies, Congress actually controls the purse strings.
• An example of Congress’s budgetary function is the Congressional Budget Act of 1974. More information about the Congressional Budget Act of 1974 can be found on the official House of Representatives’ website.
• Oversight Power. As per Whitehouse.gov, “Oversight of the executive branch is an important Congressional check on the President’s power and a balance against his discretion in implementing laws and making regulations. A major way that Congress conducts oversight is through hearings. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are both devoted to overseeing and reforming government operations, and each committee conducts oversight in its policy area.” (Whitehouse, 2019)
• An example of Congress’ oversight function is the Gulf of Tonkin Resolution of 1964 and the resulting War Powers Resolution of 1974. A more detailed explanation of the Gulf of Tonkin Resolution can be found at the State Department’s website. A more detailed explanation of the War Powers Resolution of 1974 can be found at the National Constitution Center.
So, is there an imbalance of power between the legislative and executive branches? If so, who has the upper hand? Inquiring minds want to know!
Directions: Using the following outline template and requirements, craft a full sentence, two page outline that analyzes the legislative and executive branches. Lumen’s Principles of Public Speaking has an excellent example of a full sentence outline. Please include the following:
• As per the U.S. Constitution, how does the legislative branch act as a check against the executive branch?
• Support your answer with information obtained from the text, supplemental academic research, and the U.S. Constitution.
• As per the U.S. Constitution, how does the executive branch act as a check against the legislative branch?
• Support your answer with information obtained from the text, supplemental academic research, and the U.S. Constitution.
• Explain how either the executive or legislative branch wields more power at the expense of the other branch.
• Support your answer with at least two Congressional legislation and/or executive orders.
• Why does this example interest you?
• Why is this example important to you?
Your full sentence outline should also meet the following requirements:
• APA format.
• Title page.
• Reference page.
• APA citations.
• Double spaced sentences.
• 12-point Times New Roman font.
• Standard English grammar conventions.
• Correct grammar.
• Correct punctuation and spelling.
• Logical, well ordered sentences.

ACME WRITERS

References:
Congressional Budget and Impoundment Control Act of 1974. (n.d.). Retrieved from https://history.house.gov/Historical-Highlights/1951-2000/Congressional-Budget-and-Impoundment-Control-Act-of-1974/.
Declaration of War with Japan, WWII (S.J.Res. 116). (2019, April 10). Retrieved from https://www.senate.gov/artandhistory/history/common/image/SJRes116_WWII_Japan.htm.
K., J. (1973, July 23). S.440 – 93rd Congress (1973-1974): War Powers Act. Retrieved from https://www.congress.gov/bill/93rd-congress/senate-bill/440.
Maier, P. (2011). Ratification: the people debate the Constitution, 1787-1788. New York, NY: Simon & Schuster.
National Constitution Center. (n.d.). Retrieved from https://constitutioncenter.org/.
Official Guide to Government Information and Services: USAGov. (n.d.). Retrieved from https://www.usa.gov/.
Power to Declare War. (n.d.). Retrieved from https://history.house.gov/Institution/Origins-Development/War-Powers/.
The Constitution of the United States. (n.d.). Retrieved from https://www.archives.gov/founding-docs/constitution.
The War Powers Resolution debate continues. (n.d.). Retrieved from https://constitutioncenter.org/blog/the-war-powers-resolution-debate-continues/.
Tonkin Gulf Resolution (1964). (n.d.). Retrieved from https://www.ourdocuments.gov/doc.php?flash=false&doc=98.

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