interest groups, work to change public policy without getting elected. For
instance, when Congress couldnt outlaw segregated schools in the South
during the 1950s, the NAACP turned to the federal court system and did it
themselves. In Elite Democracy, a small group of elite, wealthy, powerful
people play a big role in government decisions.
Elite democracy (a small minority of wealthy, "elite", powerful people having a
great influence and role in government decision makings) can be seen in
fundraising sponsorships and campaign elections. In 1974 the FECA (Federal
Election Campaign Act) allowed corporations/ unions/ trade associations to
form political action committees (PACS) to raise campaign funds and were
allowed unlimited/ unregulated fundraising if there were no specific
candidates funded under the 2010 Citizens United Decision.
This shows how elites play a big role in government and can represent
themselves in voting elections and sponsorships of presidential campaigns
that will eventually influence public policy decisions. "Political donations were
considered free speech".
The tension between the role of the central government, the powers of state
governments,and the rights of individuals reflects ongoing philosophical
disagreements about democracy and government power as represented by
issues such as the expanded power of the legislative powers and the Bill of
Rights. Federalists stressed the weaknesses of the Articles of Confederation
that led to the creation of a weak government, to display why expanded
legislative powers was necessary. Anti-Federalists feared that the enumerated
powers and implied powers listed in the Constitution such as the Commerce
Clause and the Militia Clause, absorbed all the possible power of government
and left nothing for the states (this argument is seen in Brutus's statement to
NY in 1787). Instead the they wanted another set of separation of powers and
checks and balances, AND we're upset that the Constitution did not even state
the simple, basic, fundamental civil liberties of the people. Hamilton argued
providing even more rights, or "such protections", would "make the unlisted
areas vulnerable to government abuse" (Federalist 54, Hamilton).
The powers allocated to Congress, the President, and the courts demonstrate
the separation of powers and checks and balances features of the US
banks controlled from Washington D.C). The Federal Reserve Board consists
of governors appointed by the US President with Senate approval, this shows
the executive's role in implementation that is approved by Congress. Congress
makes the policies and keeps the people in line of when and what taxes to pay
through executive cooperation. The Judiciary also plays a role in the
continuation of the policy as seen in 1958 under the court ruling of US v.
Massei, the government presented the court with proof of tax evasion. The IRS
is also an example of an executive implementation of the tax policy in which it
was made by President Lincoln in 1862, and now "operates under the US
Department of Treasury".
Exclusive powers of the national and state governments help explain the
conflict over the balance of power between the two levels such as the national
government's ability to provide a navy and army vs. the states' power of taking
measures for public health and safety. This conflict was seen in 2005's
Hurricane Katrina in which President Bush was hesitant on whether the
government should've gotten involved and how. Bush's advisors claimed that
the states were at fault for not explicitly stating what was needed of the
government. The balance of power was also fragile in the court cases
McCulloch v. Maryland and US v. Lopez. In McCulloch v. Maryland, due to
implied powers in the necessary and proper clause, the national government
had the authority to create a national bank even if the Constitution didn't
explicitly state this right, it was implied. In US vs. Lopez, " Congress exceeded
its authority under the commerce clause when it enacted a law in 1990 that
banned the possession of a gun in/near a school". The court ruled that having
a gun near/in a school had nothing to do with commerce.
Conflict over the scope of central power within a federal structure is reflected
in public policy disputes about social policy such as the Kim Davis issue
recently. The public policy (freedom of religion and speech, Amendment 1 of
Bill of Rights) conflicted with the social policy of a new law passed previously
(gay couples were given the right to marry). Kim Davis, a county clerk whose
duty was to give marriage licenses in Kentucky (75% conservative), refused (a
numerous amount of times) a gay couple a license because it was "against her
beliefs" and her religion. She was jailed for days and was shortly released. One
of the arguments derived from this issue was: Davis knew what she was
signing up for and therefore never should have ran to be a government agent
doing something that might eventually conflict with her beliefs (that shouldn't
hurt the lives of others) vs. freedom of expression/ the couples should have
went somewhere else to get a license if they wanted to be married so badly.
The two sides of the arguments are still continuing and are present no matter
what the image.