Federalists vs. Anti-Federalists

Federalists vs. Anti-Federalists

• The main disagreement between Federalists and Anti-Federalists at the Constitutional Convention was the power of the national government.
• Federalists wanted a strong central government
• Anti-Federalists feared a strong central government and wanted a Bill of Rights to protect individual freedoms.
• Federalists initially opposed a Bill of Rights
• Federalists believed checks and balances would protect individual liberties.
• Federalists thought a Bill of Rights was unnecessary, feeling the government only had enumerated powers.
• Federalists ultimately agreed to a Bill of Rights to gain Anti-Federalist support for ratifying the Constitution.
• This compromise led to the Bill of Rights being added to the Constitution in 1791.

The Great Compromise

• The Great Compromise (Connecticut Compromise) addressed representation in the national legislature.
• Larger states wanted representation based on population size.
• Smaller states wanted equal representation for all states.
• The Great Compromise created a bicameral legislature.
• Representation in the House of Representatives would be based on population.
• Each state would have two representatives in the Senate
• The Great Compromise balanced the interests of both large and small states.

The Three-Fifths Compromise

• The Three-Fifths Compromise resolved how enslaved people would be counted for taxation and representation
• Slave states wanted enslaved people counted as part of the population to increase their representation.
• Non-slave states argued enslaved people should not be counted since they were not citizens.
• Enslaved people would be counted as three-fifths of a person for taxation and representation purposes
• Slave states increased their political power as a result of the compromise.
• Enslaved people were not granted any political rights, despite being counted for representation.

Separation of Powers and Checks and Balances

• The Framers established separation of powers and checks and balances to prevent any one branch from gaining too much power.
• Power was divided among the executive, legislative, and judicial branches.
• The legislative branch (Congress) makes laws.
• The executive branch (President) enforces laws.
• The judicial branch (courts) interprets laws.
• Each branch can limit the powers of the others through checks and balances.
• The President can veto bills passed by Congress, but Congress can override the veto with a two-thirds majority.
• The Supreme Court can declare laws unconstitutional.
• Congress can impeach and remove the President or federal judges from office.

What is Federalism?

• Federalism divides power between a national government and state governments.
• The national government handles defense, currency, and foreign relations.
• State governments manage education, local laws, and police.
• Federalism provides local representation, tailoring decisions to community needs.
• By dividing power, federalism prevents any one government from becoming too powerful.
• States can experiment with policies, acting as "laboratories of democracy."
• Federalism may cause inefficiency and inconsistency in laws across states.
• Federalism can lead to unequal access to services due to varying state resources

Different Kinds of Federalism

• Dual federalism has national and state governments with distinct, separate authority.
• Cooperative federalism involves national and state governments working together.
• Picket fence federalism focuses on specific policy areas with all levels of government involved
• Coercive federalism is when the national government forces states to follow its policies.
• Cooperative federalism or coercive federalism increases national government power.
• Dual federalism ensures state autonomy and limits national overreach.

Constitutional Basis of National and State Power

• The Supremacy Clause (Article VI) makes the Constitution and federal laws supreme over state laws.
• The Necessary and Proper Clause (Article I) gives Congress power to make laws to carry out its powers.
• The Commerce Clause (Article I) allows the federal government to regulate interstate commerce.
• The Tenth Amendment reserves powers not given to the federal government to the states.
• The Reserved Powers Clause allows states authority over education and elections, if powers do not break national law.

Shelby County v. Holder (2013)

• Shelby County v. Holder (2013) involved the Voting Rights Act of 1965.
• The case challenged Section 4(b) of the Voting Rights Act, which required some states to get federal approval before changing voting laws.
• In a 5-4 decision, the Supreme Court struck down Section 4(b) as unconstitutional.
• The Court argued the preclearance formula was outdated and no longer reflected current discrimination.
• The decision was seen as a victory for states' rights.
• Congress still can pass new legislation to update the preclearance formula using current data about voting discrimination.

What are Civil Liberties?

• Civil liberties are fundamental rights and freedoms that protect individuals from government interference.
• Civil liberties ensure personal liberty and dignity.
• Civil liberties limit the power of government over individuals.
• Civil liberties ensure the government does not control thoughts or imprison those speaking against it.
• Civil liberties maintain a system where everyone is treated equally.

What is Due Process?

• Due process is a legal requirement that the government must respect a person’s legal rights and provide fair treatment.
• The government must not deprive people of life, liberty, or property without following fair legal procedures.
• The Bill of Rights protects several civil liberties related to due process.
• The Fifth Amendment protects against self-incrimination and guarantees due process.
• The Sixth Amendment guarantees the right to a speedy trial and legal counsel.
• The Fourteenth Amendment extends due process protections to state governments.
• The Eighth Amendment prohibits cruel and unusual punishment.
• Punishments must fit the crime and not degrade human dignity.

Selective Incorporation and the Fourteenth Amendment

• Selective incorporation is the process by which the Supreme Court applied the Bill of Rights to the states.
• The Fourteenth Amendment guarantees due process.
• The Supreme Court ensured state governments followed Bill of Rights protections using the Fourteenth Amendment due process clause.
• The First Amendment guarantees freedom of speech.
• Selective incorporation expanded the scope of the Bill of Rights to the state level.

The Right to Privacy in the Bill of Rights

• "Privacy" doesn't explicitly appear in the Bill of Rights, but many scholars argue it is implied.
• Protection is afforded from unwarranted government intrusion into personal matters.
• The First Amendment protects freedoms of speech, assembly, and religion.
• The Third Amendment prevents the government from forcing citizens to house soldiers.
• The Fourth Amendment protects against unreasonable searches and seizures.
• The Fifth Amendment protects against self-incrimination.
• These protections collectively suggest a broader right to privacy.
• Griswold v. Connecticut (1965) ruled that a state law banning contraception violated privacy.
• Roe v. Wade (1973) extended privacy to include a woman’s decision to have an abortion.

What Are Civil Rights? How Do They Differ from Civil Liberties?

• Civil rights ensure equal access to social, political, and economic opportunities, regardless of individual traits.
• Civil liberties protect individuals from government interference and guarantee freedoms like speech and religion.
• Civil rights focus on equality and preventing discrimination.
• Civil liberties focus on freedom and limiting government overreach.
• The right to vote without discrimination is an example of a civil right.
• The right to freedom of speech is an example of a civil liberty.

What Does the Equal Protection Clause of the Fourteenth Amendment Say?

• The Equal Protection Clause says no state can deny any person equal protection of the laws
• In Plessy v. Ferguson (1896), the Court upheld the “separate but equal” doctrine.
• The lack of federal enforcement allowed discriminatory practices to continue, especially in the South.

What Was Accomplished by Key Civil Rights Legislation?

• The Civil Rights Act of 1964 banned discrimination based on race, color, religion, sex, or origin in public places and employment.
• The Voting Rights Act of 1965 banned literacy tests and required preclearance for voting law changes
• The Fair Housing Act of 1968 prohibited housing discrimination based on race, religion, origin and sex.
• Enforcement of civil rights laws remains inconsistent.
• Implicit bias continues, even with civil rights protected.
• Systemic issues in institutions perpetuate discrimination.

De Jure vs. De Facto Discrimination

• De jure discrimination is explicitly written into law, such as Jim Crow laws
• De facto discrimination occurs in practice.
• De facto discrimination arises from things like economic inequality and social prejudices.
• To combat de facto discrimination, governments could promote fair housing and affirmative action.
• To combat de facto discrimination, governments could employ educational reform and fund community development.

The Business Model of Journalism vs. the Watchdog Model

• The business model of journalism focuses on making a profit via advertising and subscriptions.
• The business model emphasizes sensationalism and entertainment content to generate engagement.
• The watchdog model of journalism holds power to account.
• The watchdog model emphasizes investigative journalism to uncover public concerns.
• The business model of journalism often dominates in the U.S. media landscape.
• Business-driven motives can divert attention from serious issues.
• Watchdog journalism requires time and resources that may not generate large profits.

Filtering and Framing in News Coverage

• Filtering is the process by which news organizations decide which stories to cover.
• Editorial policies play role in the filtering process.
• Framing is how a story is presented and interpreted.
• Different frames can lead to different interpretations.
• Filtering and framing shape how news is presented.
• Political bias can be perceived because of filtering and framing.

The Federal Communications Commission (FCC) and Deregulation

• The FCC regulates interstate and international communications by radio, television, satellite, and cable.
• The FCC was created in 1934.
• The FCC issues licenses for broadcast stations and regulates content.
• Starting in the mid-1980s, the FCC began to reduce media regulations.
• Deregulation increases competition and drives innovation.
• Relaxing ownership rules increased media consolidation.
• The Fairness Doctrine was reduced when deregulation occurred.
• Deregulation led to more entertainment-oriented content.
• Deregulation contributed to political polarization.

The Complicated Relationship Between the Media and Politicians

• Politicians need the media for visibility and to influence public opinion.
• The media need politicians for news content and access.
• Politicians and the media have a mutually dependent relationship.
• This explains why, even when there’s criticism or tension, they continue to maintain a complex, ongoing relationship.