Congressional Powers

Announcements:
READING: 309-325 in Edwards

UNIT TWO IDENTIFICATION TERMS
________________________________________________

Today's Essential Question: How do the enumerated and implied powers of Congress impact the policymaking process?


Learning Standards:

• CON-3.A: Describe the different structures, powers, and functions of each house of Congress.
• CON-3.A.4: The enumerated and implied powers in the Constitution allow the creation of public policy by Congress, which includes:
  • Passing a federal budget, raising revenue, and coining money, declaring war and maintaining the armed forces
  • Enacting legislation that addresses a wide range of economic, environmental, and social issues based on the Necessary and Proper Clause

Congressional Powers
Most of the powers of Congress are found in Article 1, Section 8. Today we will classify the various powers of Congress and review/define several terms associated with Congressional powers.

1. DEFINE: 

• enumerated (expressed) powers
• implied powers
• necessary and proper clause (elastic clause)

2. APPLY 

For each of the following, decide first if Congress has the power (either enumerated or implied). If they do have the power, is it enumerated or implied? What specific clause gives them that power? Remember, all implied powers still have to be connected to an enumerated power.

1. prohibit sending weapons through the mail
2. establish the Federal Reserve System (national bank system)
3. institute a draft
4. nominate a judge
5. place a tax on alcohol
6. establish a minimum wage
7. create the IRS
8. fire the Secretary of Defense
9. issue US savings bonds
10. ban discrimination in the workplace
11. grant citizenship to "Dreamers"
12. create a 40 hour work week

CLASSIFY: Create a 4 box grid (or other organizational chart like 4 columns) and classify the enumerated powers of Congress according to the following categories:

• economic
• military/foreign
• other (ex. weights & measures)
• non-legislative (ex. impeachment)

You should have a minimum of 3-4 items for each category.

Additional Readings & Videos:
Congressional Power (ThisNation.com)
Powers of Congress (USHistory.org)
Explanation of Enumerated Powers (Constitution Center)

Gerrymandering and the Supreme Court

Announcements:
READING: 309-325 in Edwards

UNIT TWO IDENTIFICATION TERMS

________________________________________________

Today's Essential Question: What is the political impact that reapportionment, redistricting, and gerrymandering have on Congressional elections and policymaking?

Learning Standards:

• CON-3.C: Explain how congressional behavior is influenced by election processes, partisanship, and divided government.
• CON-3.C.1: Congressional behavior and governing effectiveness are influenced by: 
• Ideological divisions within Congress that can lead to gridlock or create the need for negotiation and compromise 
• Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed by such Court decisions as Baker v. Carr (1961), which opened the door to equal protection challenges to redistricting and stated the “one person, one vote” doctrine, and the no-racial gerrymandering decision in Shaw v. Reno (1993) 

Gerrymandering is when congressional districts are drawn in a such a way as to gain a political (partisan) advantage, sometimes resulting in oddly-shaped districts.

The original gerrymander:

 More recent examples of gerrymandering.

America's Most Gerrymandered Districts

There are multiple constitutional questions when it comes to redistricting and gerrymandering and the Court has had to deal with some of these issues over the past half-century. 

Q1: Do congressional districts have to have an equal population?
A1: Baker v. Carr, 1962; Reynolds v. Sims, 1964; Wesberry v. Sanders, 1964

Q2: Should congressional districts be based on total population, total citizens, total citizens of voting age, or total number of registered voters?
Please read this article to help understand these questions.
A2: Evenwel v. Abbott, 2016

Q3: Does the creation of majority-minority districts (racial gerrymandering) help or hinder minority groups? Is it constitutional?
A3: Shaw v. Reno (Supreme Court Case Template)

Q4: Should partisan gerrymandering be abolished? Should it be left to independent, non-partisan commissions?
A4: Please read this article to look at the arguments on this question.


The Pennsylvania Supreme Court recently struck down its state's congressional districts arguing that partisan gerrymandering was unconstitutional.


Yesterday, we learned about how elected officials will often draw districts (redistricting) in a partisan manner, commonly referred to as gerrymandering. Today you will have the opportunity to put your gerrymandering skills to the test.

Task #1: Gerrymandering (paper activity)
1. Write your name and political party (either Stellar or Galaxy) at the top of the page.
2. Your task is to create ten districts.
3. Each district must have exactly ten dots, no more, no less.
4. Try to have your party be the majority in as many districts as possible through gerrymandering.Your goal is to gerrymander the state so you end up with eight of the ten districts in your favor. Keep trying until you are successful.
5. Label each district with either an S or G, depending on what party has a majority.
6. Districts must be contiguous.
7. All dots and spaces must be in a district.
Tip: Use a pencil!


Task #2: Gerrymandering--The Redistricting Game
1. Go to the Redistricting Game website.
2. Click "Play the Game"

3. Start with Mission Two (either Basic or Advanced) Partisan Gerrymander

4. Your goal is to create three districts (out of four) that favor your political party.

5. Remember to keep the population in each district relatively equal.

6. Once you successfully complete that mission, try Mission Four. This mission requires you to not only gerrymander based on party, but also includes racial/ethnic considerations in trying to create a majority-minority district.

Videos for Review:

Reapportionment, Redistricting, and Gerrymandering

Announcements:
QUIZ over House & Senate differences today!

READING: 309-325 in Edwards
UNIT TWO IDENTIFICATION TERMS

________________________________________________

Today's Essential Question: What is the political impact that reapportionment, redistricting, and gerrymandering have on Congressional elections and policymaking?

Learning Standards:

• CON-3.C: Explain how congressional behavior is influenced by election processes, partisanship, and divided government.
• CON-3.C.1: Congressional behavior and governing effectiveness are influenced by: 
• Ideological divisions within Congress that can lead to gridlock or create the need for negotiation and compromise 
• Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed by such Court decisions as Baker v. Carr (1961), which opened the door to equal protection challenges to redistricting and stated the “one person, one vote” doctrine, and the no-racial gerrymandering decision in Shaw v. Reno (1993) 

________________________________________________

Reapportionment, Redistricting, and Gerrymandering

Typically, we think that the voters are the ones that choose our elected officials. But, in actuality, it is the elected officials who are often the ones choosing the voters through a process known as gerrymandering. Over the next couple of days, we are going to take a look at reapportionment, redistricting, and gerrymandering.

What do you notice different about these two maps?

2002-2012 Missouri Congressional Districts

2012-2022 Missouri Congressional Districts

How did the 2010 Census impact Missouri's Congressional districts?

Reapportionment: the redistribution of Congressional seats (districts) based on the US Census results every ten years

Which states are expected to gain seats/lose seats after the 2020 census?

Redistricting: The redrawing of Congressional districts every ten years (typically by state legislatures). Redistricting plans must follow certain federal guidelines, including relatively equal population, as well as consideration of race and ethnicity-no "packing or cracking".

One major Supreme Court case, Baker v. Carr (1961) dealt with the redistricting issue and whether the Court could rule on the question of whether districts had to be of relatively equal populations. Use the Street Law summary of Baker v. Carr to fill out the Supreme Court Case template.

Read the following articles to find out more about redistricting.

• What is redistricting?
• Who draws the lines?
• What are the federal guidelines?
• Why does it matter?

US Census Apportionment Video

House vs. Senate (2 days)

Announcements:
QUIZ over House & Senate differences on Thursday

READING: 309-325 in Edwards
UNIT TWO IDENTIFICATION TERMS

________________________________________________
Today's Essential Question: How do the House and Senate differ and how do those differences impact the two bodies and the policymaking process?

Learning Standards:
CON-3.A: Describe the different structures, powers, and functions of each house of Congress.

CON-3.A.2: Different chamber sizes and constituencies influence formality of debate.

CON-3.A.1: The Senate is designed to represent states equally, while the House is designed to represent the population.

CON-3.A.3: Coalitions in Congress are affected by term-length differences.

CON-3.B: Explain how the structure, powers, and functions of both houses of Congress affect the policymaking process. 
CON-3.B.1: By design, the different structures, powers, and functions of the U.S. Senate and House of Representatives affect the policy-making process. 

House vs. Senate
The United States has a bicameral, or two-chambered, Congress. As part of the Great Compromise, it consists of both a House of Representatives and a Senate. Today we will be looking at the specifics of each chamber and how they are different.


1. Use the videos and links below to learn about the differences between the two chambers. Click on the above link for a listing of descriptions and characteristics of the House and Senate. In your group, make a two column chart ( House vs. Senate) in your notes and correctly place each term/characteristic in the appropriate column.

2. The differences between the House and Senate also create substantial differences in how they operate and address various policy issues. Make a copy of the linked worksheet and explain how those differences impact their approach to policy-making.

Khan Academy: The Senate and the House of Representatives

Difference Between: House v. Senate

Schmoop.com: pages on the House and the Senate


Diffen.com: House and Senate

Key Differences

The Supreme Court & Federalism

ANNOUNCEMENTS:
Read: 68-78 in Edwards
Unit 1 Identification Terms
Unit 1 Exam: Monday, October 21
Study the Unit 1 Standards
Unit 1 Standards-Student Questions Review
5th Hour Survey: Complete this survey to be eligible to win a class pizza party! Seniors--use this link instead.

_________________________________________________________________
Learning Objectives:

CON-2.B: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.

CON-2.B.2: The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as:

• McCulloch v. Maryland (1819), which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the U.S. Constitution and federal laws over state laws
• United States v. Lopez (1995), which ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control

The Supreme Court and Federalism
The Supreme Court has decided many cases dealing with issues of federalism. Two of the most important cases are McCulloch v. Maryland and US v. Lopez. Today, we will look at these two cases and several others to see how the Court's rulings have impacted state-national relations.

***SCOTUS CASE TEMPLATE***
The College Board has identified 15 Supreme Court cases that are MUST-KNOWS. For each of these cases, you will make a copy of the SCOTUS Case Template and fill in the necessary information. Create a folder in your Google Drive:APGOV:SCOTUS Cases. Save a copy of the template and all 15 cases that we cover throughout the year here.

For each case, I have created a list of resources, both print and video for you to review and utilize to fill out the template. The Street Law and Oyez resources will be your best bets. Please make two copies of the template, one for McCulloch v. Maryland and one for US v. Lopez, use the resources provided and fill out each form.

McCulloch v. Maryland

MCCULLOCH V. MARYLAND DISCUSSION QUESTIONS

1. What are the two central questions raised by this case?

2. How does the Court answer these two questions?  What rationale (constitutional clauses) does the Court use to explain its decision?

3. Compare the Court’s reasoning with the concerns raised by Brutus regarding the power of the government.

4. How would our nation be different today if the Court had decided differently?

US v. Lopez (PBS Landmark Cases)

US v. Lopez (Bill of Rights Institute)

DAY TWO (Wednesday, Oct. 16)
Yesterday, we looked at two important cases involving federalism. It is imperative that you understand the importance of both McCulloch v. Maryland and US v. Lopez. However, it is also vital that you understand the role of federalism and the constitutional issues involved in a variety of questions and court cases.

Today, you will look at other Supreme Court cases that are questions of federalism and the role of the national government vs. the power of the states. Make a copy of this chart and fill out the information based on the above case summaries. Have this completed and ready to discuss for tomorrow. Use your class time wisely! Finish early? Study for your Unit 1 exam.



Videos for Review:

Fiscal or Regulatory Federalism

ANNOUNCEMENTS:
Read: 68-78 in Edwards
Unit 1 Identification Terms
Unit 1 Exam: Monday, October 21
5th Hour Survey: Complete this survey to be eligible to win a class pizza party! Seniors--use this link instead.
_________________________________________________________________
Learning Objectives:
CON-2.A: Explain how societal needs affect the constitutional allocation of power between the national and state governments.
CON-2.A.2: The distribution of power between federal and state governments to meet the needs of society changes, as reflected by grants, incentives, and aid programs, including federal revenue sharing, mandates, categorical grants, and block grants

Fiscal Federalism
One relationship that has dramatically changed over the past century is the redistribution of money from the federal government to the states. Typically, this transfer of money is through either the use of block grants or categorical grants. Today, we will take a look at the differences between the two and the impact on federal control and regulations.

Read the following Congressional Budget Report on Federal grants.

It's a fairly long document (30 pages), so we will divide and conquer. Get in groups of 4 and number off. Read the following sections:
Everyone: Summary pgs. 1-3
#1 Federal Outlays 3-7
#2 Rationales 7-12
#3 Federal Controls 12-17
#4 Federal Influence & Implications 17-23

Take 10-15 minutes to read, taking notes over your section. After reading your section, each member needs to share and explain their section. Everyone should take notes on each section explained.  If you finish early, read through the powerpoint presentation below.





Videos for Review

Devolution

Announcements:

5th hour: Complete this survey during study session today.

• Student login information is the same as last year: (student letter and numbers before the @ symbol in their email address)

         Example: student name and email address are:  

Jimmy Hope     jhop2263@lps53.org

                  login information would be:  jhop2263

Unit 1 Identification Terms
______________________________________________________
Learning Objective:
CON-2.B: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.

The devolution revolution (sometimes referred to as Nixon's New Federalism) is characterized by power shifting from the national government back to the states. Since FDR's New Deal, power has gradually concentrated with the federal government. Starting with Nixon in the 1970s, continuing with Reagan in the 1980s, and culminating with President Clinton, a Republican-led Congress, and a more conservative court in the 1990s, devolution has increased state power in some respects while limiting the power of the national government.

Several examples of New Federalism/devolution include:

• Revenue sharing (1970s-1986)
• Increase in use of block grants (i.e. Welfare Reform Act of 1996)
• Major Court decisions (i.e. US v. Lopez, 1995)

Not everyone supports the devolution movement though. In The Devil in Devolution, John Donahue raises several serious criticisms about the effectiveness of allowing states the power and discretion to make public policy. Here are several discussion questions from the article:

DEVIL IN DEVOLUTION

1. What is devolution?  Do you think Donahue supports devolution or not?  Explain your answer.

2. What is the “Problem of the Commons”?

3. How do each of the following illustrate the problems of devolution?

• Presidential primaries
• Divorce and same –sex marriage
• Environmental legislation
• Legalized gambling

4. How would defenders of states’ rights refute Donahue’s arguments?

5. What are the negative consequences of regulating and legislating at the national level in such a diverse country?

Democracy in Action Video: Section 3-Welfare Reform (start at 17:00)

Dual Federalism & Cooperative Federalism

ANNOUNCEMENTS:
Homework: Read 58-68 in Edwards
Homework: Read Devil in Devolution (for Wednesday)
Unit 1 Identification Terms
______________________________________________________
Learning Objective:
CON-2.B: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.


Dual & Cooperative Federalism
Federalism can take many different forms. Dual federalism and cooperative federalism are historically the two main descriptors of how federalism has worked in the United States.

Read this page on the differences between dual and cooperative federalism to get a better understanding of the differences between the two. As you read, take notes (using a double-column chart) about the significant points and differences between the two. Cliff Notes also has a nice summary of dual and cooperative federalism.

Key questions:

1. How would you define dual federalism? When did it dominate American politics?
2. How would you define cooperative federalism? When did it dominate American politics?
3. How does the layer cake/marble cake metaphor apply to these two forms of federalism?
4. What features of the Constitution are relevant in the debate between dual and cooperative federalism?
5. What caused the shift in the 1930s from dual to cooperative federalism?

Check for Understanding: Take this 10 question Quia quiz to see if you understand the differences between dual and cooperative federalism. Remember to put your hour # before your last name (ex. 1Gates)

Once you are finished taking the quiz, please read The Devil in Devolution. We will be discussing this article tomorrow.

Videos for Review:

Federalism: National vs. State Power

ANNOUNCEMENTS:

Homework for Wednesday: Read 58-68 in Edwards.

_________________________________________________________________________________

Learning Objectives:

CON-2.A: Explain how societal needs affect the constitutional allocation of power between the
national and state governments.

CON-2.A.1: The exclusive and concurrent powers of the national and state governments help
explain the negotiations over the balance of power between the two levels.

CON-2.B.1: The interpretation of the Tenth and Fourteenth Amendments, the commerce
clause, the necessary and proper clause, and other enumerated and implied powers is
at the heart of the debate over the balance of power between the national and state governments

Questions to Consider:
1. What decisions (policy) should be exclusively left to the national government? What decisions (policy) should be exclusively left to the states?

2. How does the Constitution distribute power between the national and state governments? Think about certain clauses, amendments, etc.

Reading: Khan Academy--The relationship between the states and the federal government

Check for understanding: Analyze each scenario and determine which power (Expressed/Delegated, Implied, Inherent, Concurrent, or Reserved) is being used.

__________________ 1. A worker pays federal and state income taxes.

__________________ 2. The United States declares war on Japan.

__________________ 3. A lawyer who wants to practice in Texas must first pass the state's bar exam.

__________________ 4. Toys containing lead are banned from the United States.

__________________ 5. Racial segregation in hotels and restaurants is prohibited by the federal government.

__________________ 6. President Jefferson makes the Louisiana Purchase.

__________________ 7. Missouri decided to set aside 500 acres for a new wildlife reservation.

__________________ 8. Hawaii became a state in 1959.

__________________ 9. A person must be at least 18 to marry without parental consent in Illinois.

__________________ 10. After Hurricane Katrina, the US and Louisiana issue bonds to help pay for the rebuilding of New Orleans.

Videos for Review: