12 Questions
What is the supreme law of the land in the context of federalism?
The Supremacy Clause
Which phase of federalism is associated with the Great Depression and New Deal programs?
Cooperative Federalism
What is the significance of Marshall’s interpretation of the term 'necessary' in McCulloch v. Maryland?
It expanded the powers of Congress
Why is the Interstate Commerce Clause considered Congress’ go-to justification for regulations?
It allows Congress to regulate economic activities that impact interstate commerce
Which case established the concept of individual mandate to buy health insurance?
NFIB v. Sebelius
Which clause allows Congress to impose a tax penalty for not purchasing health insurance under the Affordable Care Act?
The Taxing Power Clause
Why did the Anti-Federalists advocate for a bill of rights?
To limit the power of the central government
What freedoms are protected by the 1st Amendment?
Freedom of speech, religion, and the press
Which case established the 'Lemon Test' concerning government involvement with religion?
Engel v. Vitale
What right does the 2nd Amendment protect?
Right to bear arms
Which amendment is known for its incorporation doctrine and the 'Due Process Clauses'?
14th Amendment
'Government Interest' and 'Means' tests are related to which level of scrutiny?
Strict Scrutiny
Study Notes
Federalism
- The supreme law of the land is the US Constitution, which takes precedence over state laws and regulations.
New Deal and the Great Depression
- The Great Depression led to the second phase of federalism, characterized by an increase in federal power and the establishment of New Deal programs.
McCulloch v. Maryland
- Marshall's interpretation of the term 'necessary' expanded federal power, allowing Congress to exercise implied powers not explicitly stated in the Constitution.
Interstate Commerce Clause
- The Interstate Commerce Clause (Article I, Section 8, Clause 3) is Congress' primary justification for regulating interstate commerce.
Healthcare and Individual Mandate
- The individual mandate to buy health insurance was established in the case of National Federation of Independent Business v. Sebelius (2012).
- The Taxing and Spending Clause (Article I, Section 8, Clause 1) allows Congress to impose a tax penalty for not purchasing health insurance under the Affordable Care Act.
Bill of Rights and Anti-Federalists
- The Anti-Federalists advocated for a bill of rights to protect individual liberties and limit federal power.
1st Amendment Protections
- The 1st Amendment protects freedom of speech, press, assembly, petition, and religion.
Establishment Clause and the 'Lemon Test'
- The 'Lemon Test', established in Lemon v. Kurtzman (1971), concerns government involvement with religion and requires a secular purpose, no excessive entanglement, and no advancement of religion.
2nd Amendment
- The 2nd Amendment protects the right to keep and bear arms.
14th Amendment and Incorporation Doctrine
- The 14th Amendment is known for its incorporation doctrine and the 'Due Process Clauses', which have been used to apply the Bill of Rights to the states.
Scrutiny Levels
- 'Government Interest' and 'Means' tests are related to intermediate scrutiny, a level of judicial review used to evaluate the constitutionality of laws.
Prepare for your POLS 1150 Exam 2 by reviewing key concepts such as James Madison's argument in Federalist 51, the Supremacy Clause, 10th Amendment, reserved powers, enumerated powers, police powers, implied powers, inherent powers, concurrent powers, and the phases/stages of federalism. Understand the significance of states being referred to as 'laboratories of democracy'.
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