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Unformatted text preview: FOUNDING FATHERS • Objectives o Create a government that could govern o But not too strong that it threatens minority rights and political participation • Goal: managing political conflict to insure stability, moderation and political liberties o Social checks Primary source of factions= unequal distribution of property (wealth) Principal means of conflict management: Power Checking Power Solution: extend the sphere of government Relevance of diversity and dissent INSTITUTIONAL CHECKS • Representation--“Fitness of Character” • Separation of powers--function, institution and constituency • Checks and balances • Federalism o Tenth Amendment Reserved powers o McCulloch v. Maryland (1819) Doctrine of implied power Necessary and Proper Clause Doctrine of federal supremacy Supremacy Clause o Kelo v. City of New London (2005) Eminent domain Public use v. public purpose o Current Interactions Policy: making (federal) v. implementation (state) Mandates: funded v. unfunded TYPE OF GOVERNMENTAL POWERS • Enumerated/Delegated: national government • Reserved: state governments • Concurrent: instrumental rather than substantiate power (tax or spend) • No power: absence of power ROLE OF SUPREME COURT • Judicial review: to interpret the laws and Constitution, and say what the broad principals say about contemporary political acts KEY RIGHTS •...
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- Spring '08
- Government, compelling state, equal protection cases, Amendment Reserved powers, analysis Compelling state