POLS 1150 Exam 2 Study Guide: Federalism and Powers

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.