GOVT 428 9-13 - GOVT 428 9/13 3 columns are accurate...

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GOVT 428 9/13 3 columns are accurate picture from 1801-1933; if looked at 1856 and 1876, no evidence of Civil War -local govts are creatures of states -column 1: shorter than second, intent of framers that most of power would be granted to states, whatever isn’t specified for federal govt isn’t reserved for states – elastic clause: govt could do anything necessary -formalities much different than reality because Congress ok with keeping federal govt small, didn’t exercise elastic clause and expand power until FDR and New Deal in 1933 -clear national govt was to be small, not weak, just small -state governments doing most of governing -do items in first column have common trait? Do they share anything?: jurisprudential, nature of legal reality ties 7 things together – specialized govt, strong in certain specialty; two subdivisions of trait 1. share common purpose – all have to do with facilitating commerce, European countries referred to us as commercial republic because national govt only authorized to do things that husbanded commerce, why did we give up Articles of Confederation – because didn’t do enough to give us common market – states had power to discriminate against different states, had power to make own treaties with foreign govts. – Constitution gave fed govt more powers – taxation, power over citizens, gave ability to husband commerce, reduce boundaries, build infrastructures, give surveying contracts, support transportation so farmers could reach markets, states limited by state lines; all of instances supported commercial republic, job was to encourage commerce, advance our wealth, patronage (holders of surplus of wealth can give away as privileges/incentives, distribute resources, expand commerce, reward good work, used by kings – army on one side, patronage on the other), patronage was technique of govt.; 2
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