Essay 3 & 4

Essay 3:

The US Constitution has endured for more than 2 centuries as the framework of government. However, the meaning of the Constitution has been changed both by formal and informal methods.

a) identify 2 formal methods for adding amendments to the constitution
1. Congress (2/3's)
2. National convention (2/3's) 

b) describe 2 informal methods that have been used to change the meaning of the Constitution. Provide one specific example for each informal method you described.

1. Judicial Review: is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Marbury vs. Madison was a United States Supreme Court Case where the Court formed the basis for the exercise of Judicial review in the United States under Article III the constitution. This case was important because the landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of Government.

2. Elastic Clause (Article I, Section 8) Clause 18 of the Constitution: This clause gives congress the ability to pass any law deemed "necessary and proper" for carrying out its expressed powers. For example, the McCulloch v. Maryland case of 1819 gave the federal government access to establishing a national bank. The supreme court had to determine if this action was legal under the constitution. The government argued that they had the right to tax, borrow, coin money and spend so, therefore, they have the power to create a national bank.

c) Explain why informal methods are used more often than the formal amendment process.

Informal methods are used more often than the formal amendment process because it is easier and quicker. For example, the 3/5 compromise, which allowed slaves to be free men, had automatic reaction when it became null and void. 

Essay 4:

The framers of the United States Constitution created a federal system.

 a) Define federalism

Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. Federalism is the type of government the United States currently has. There are three beaches under federalism, legislative, executive and judicial. Checks and balances and Balance of power. 

 b) Explain how the following has been used to increase the power of the federal

 government relative to the states.

• Categorical Grants: Categorical grants are issued by congress for narrowly-defined purposes. They are also the main source of federal aid to state and local governments. These grants can only be used for specific purposes such as education and state/local spending. These grants can be given on a formula basis or a project basis. This increases the power of the federal government relative to the states because the federal government decides where the money is going and what the money will be used for. 
• Federal mandates: A federal mandate is a requirement in federal legislation that forces states and municipalities to comply with certain rules. For example, drinking age is originally defined by state laws. However, federal government said that they would cut highway funds for any state that did not change their legal drinking age to 21 years of age. This gives power to the federal government because they can persuade states to change their laws by threatening them with cutting funding. 

 c) Explain how the following have been used to increase the power of the states relative to

 the federal government.

• Block grants: A block grant is when the federal government gives more to communities. Some examples of these communities organizations funded by the federal government are Planned Parenthood and  Social Service.  This gives power to the states because they are receiving money directly from the federal government. 
• Tenth amendment: The 10th amendment gives states power and authority. It states that the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people. This directly increases the power of the states relative to the federal government because they are not required to follow certain laws put in place by the federal government.