Understanding Competitive Federalism
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Questions and Answers

What was one of the major strategies used by anti-abortion advocates after facing challenges at the national level?

  • Filing lawsuits in federal courts
  • Targeting state legislators (correct)
  • Targeting local schools
  • Organizing nationwide protests

By 2015, all states required parental involvement in a minor's decision to have an abortion.

False (B)

What was the significance of the 2022 Dobbs v. Jackson Women's Health Organization decision?

It ruled that abortion is not a right.

Thirty-two states prohibited the use of public funds for abortion except in cases of ______ or ______.

<p>danger to the pregnant person's life, rape or incest</p> Signup and view all the answers

Match the following state policies regarding abortion with their descriptions:

<p>Parental involvement laws = Require consent or notification for minors Refusal clause = Allows healthcare providers to opt-out of abortions Public funding restrictions = Limits taxpayer money for abortions Venue shopping regulations = Targets specific jurisdictions for favorable rulings</p> Signup and view all the answers

Which legal ruling rendered state-level bans against same-sex marriages obsolete?

<p>Obergefell v. Hodges (B)</p> Signup and view all the answers

The drinking age was lowered to 18 across all states by 1988.

<p>False (B)</p> Signup and view all the answers

What year was the Mothers Against Drunk Driving (MADD) organization established?

<p>1980</p> Signup and view all the answers

The strategy employed by interest groups to engage different levels of government is known as ______.

<p>venue shopping</p> Signup and view all the answers

Match the following legal cases or acts with their descriptions:

<p>United States v. Windsor = Case that struck down federal ban on same-sex marriage Obergefell v. Hodges = Case that legalized same-sex marriage in all states National Minimum Drinking Age Act = Mandated drinking age of 21 Roe v. Wade = Milestone case regarding abortion rights</p> Signup and view all the answers

What was MADD's initial focus in their advocacy efforts?

<p>Raising the drinking age (B)</p> Signup and view all the answers

States with lower drinking ages had no economic interests in maintaining them.

<p>False (B)</p> Signup and view all the answers

What federal action did MADD successfully advocate for in the 1980s?

<p>National Minimum Drinking Age Act</p> Signup and view all the answers

What function is clearly a federal matter?

<p>National security (C)</p> Signup and view all the answers

States have had exclusive authority over immigration policy for many years.

<p>False (B)</p> Signup and view all the answers

What is one issue that has seen contention between states and the federal government in recent decades?

<p>Immigration</p> Signup and view all the answers

In 2020, thirty-two different states enacted a total of _____ new measures related to immigration.

<p>206</p> Signup and view all the answers

Match the following policy areas to the level of government responsible:

<p>National security = Federal government Issuance of licenses = State government Garbage collection = Local government Marriage legality = State government</p> Signup and view all the answers

Which of the following policy issues has NOT been prominently contended between states and the federal government?

<p>Taxation policies (B)</p> Signup and view all the answers

Which state has been mentioned as being at the forefront of immigration federalism?

<p>Arizona</p> Signup and view all the answers

Interest groups can only address policy issues at the federal level.

<p>False (B)</p> Signup and view all the answers

What was the primary aim of Arizona's Senate Bill 1070?

<p>To make it difficult for undocumented immigrants to live in the state (C)</p> Signup and view all the answers

The Supreme Court upheld all four central provisions of Arizona's Senate Bill 1070.

<p>False (B)</p> Signup and view all the answers

What did the Supreme Court decision in Arizona v. United States emphasize about the authority to regulate immigration?

<p>The decision emphasized the broad and undoubted authority of the U.S. government to regulate immigration.</p> Signup and view all the answers

According to a poll conducted by Arizona State University, _____ percent of Latino voters opposed Senate Bill 1070.

<p>81</p> Signup and view all the answers

Match the following provisions of Arizona's Senate Bill 1070 with their outcomes:

<p>Police arrest without warrant = Struck down by the Supreme Court Seeking a job without documentation = Struck down by the Supreme Court 'Show me your papers' provision = Upheld by the Supreme Court Being in Arizona without valid immigration = Struck down by the Supreme Court</p> Signup and view all the answers

Which provision was upheld by the Supreme Court in the Arizona v. United States case?

<p>'Show me your papers' provision (D)</p> Signup and view all the answers

Support for Arizona's tough stance on immigration was universally accepted, with no opposition.

<p>False (B)</p> Signup and view all the answers

What warning did the Supreme Court provide to Arizona regarding the upheld provision?

<p>They warned that Arizona could face civil rights lawsuits if police applied the provision based on racial profiling.</p> Signup and view all the answers

What impactful decision did the U.S. Supreme Court make in Obergefell v. Hodges in 2015?

<p>It declared same-sex marriage a constitutional right. (D)</p> Signup and view all the answers

The Windsor decision allowed the federal government to discriminate against same-sex married couples.

<p>False (B)</p> Signup and view all the answers

What was the role of federal courts following the Windsor decision regarding same-sex marriage?

<p>Federal courts invalidated state bans on same-sex marriage.</p> Signup and view all the answers

By 2015, marriage equality was recognized in _____ states plus Washington, DC.

<p>thirty-six</p> Signup and view all the answers

Match the following events with their impact on same-sex marriage rights:

<p>Windsor decision = Prohibited federal discrimination against same-sex marriage Obergefell v. Hodges = Established constitutional right to same-sex marriage 2014 Supreme Court's inaction = Affirmed same-sex marriage in thirty states 2013 state bans = Led to subsequent court challenges overturned</p> Signup and view all the answers

What inspired significant cultural change regarding same-sex marriage in America?

<p>Edith Windsor's personal story (A)</p> Signup and view all the answers

The Windsor case limited the number of states that could recognize same-sex marriages.

<p>False (B)</p> Signup and view all the answers

How did the Windsor decision influence federal judges regarding same-sex marriage?

<p>It provided a clear rationale to invalidate state bans.</p> Signup and view all the answers

What was the purpose of the California Immigrant Resilience Fund?

<p>To support undocumented Californians not eligible for other COVID-19 programs (B)</p> Signup and view all the answers

The Defense of Marriage Act (DOMA) defined marriage as a union between two individuals of the same sex.

<p>False (B)</p> Signup and view all the answers

Who was the plaintiff in the United States v. Windsor case?

<p>Edith Windsor</p> Signup and view all the answers

The first state to recognize marriage equality was _______, which did so in 2004.

<p>Massachusetts</p> Signup and view all the answers

Match the following actions or laws with their descriptions:

<p>California Immigrant Resilience Fund = Provided funds for undocumented Californians during COVID-19 Defense of Marriage Act = Defined marriage as between a man and a woman United States v. Windsor = Supreme Court case that ruled against DOMA Edith Windsor = Icon of the marriage equality movement who fought DOMA</p> Signup and view all the answers

What did the Supreme Court rule in United States v. Windsor regarding state authority?

<p>States have historic authority to define marriage (B)</p> Signup and view all the answers

By 2006, twenty-seven states had recognized same-sex marriage.

<p>False (B)</p> Signup and view all the answers

In what year did Edith Windsor and Thea Spyer marry in Canada?

<p>2007</p> Signup and view all the answers

Flashcards

Attrition by Enforcement

A strategy aimed at making life so difficult for undocumented immigrants that they choose to return to their home countries.

Senate Bill 1070

A law passed by Arizona in 2010 that aimed to crack down on undocumented immigration by making it more difficult for them to live in the state.

Federal Supremacy on Immigration

The federal government's power to regulate immigration takes precedence over state laws.

Arizona v. United States (2012)

A legal case where the Supreme Court upheld the federal government's authority on immigration and struck down parts of Arizona's Senate Bill 1070.

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"Show Me Your Papers" Provision

A provision in Arizona's law that allows police officers to check the immigration status of individuals they suspect are undocumented immigrants.

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Racial Profiling

The act of treating someone differently based on their race or ethnicity, often in a negative way.

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Federal Preemption

A state law that contradicts federal law is invalid.

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Enumerated Power of Naturalization

The power granted to the Congress by the US Constitution to establish rules for naturalization, which includes immigration.

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Arizona Senate Bill 1070

A 2010 Arizona law that allows law enforcement officers to request immigration status from anyone they reasonably suspect may be an undocumented immigrant.

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Defense of Marriage Act (DOMA)

A federal law passed in 1996 that denied federal recognition of same-sex marriages and allowed states to choose whether to recognize these unions. It also defined marriage as a union between a man and a woman, limiting federal benefits for same-sex couples.

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Marriage Equality

The legal right for same-sex couples to marry.

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United States v. Windsor

A landmark Supreme Court case in 2013 where the Court ruled that the federal government had no authority to define marriage, overturning part of the Defense of Marriage Act (DOMA).

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Sue the federal government

A court case where a party sues the government to challenge its actions or policies.

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Estate-tax exemption for surviving spouses

A financial benefit offered to surviving spouses, exempting them from paying inheritance taxes on property left by the deceased spouse.

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Edith Windsor

The plaintiff in the Supreme Court case United States v. Windsor, who successfully challenged the Defense of Marriage Act (DOMA), paving the way for nationwide marriage equality.

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Federal provisions and benefits

The ability to file joint tax returns, receive Social Security survivor benefits, and other benefits.

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Windsor v. United States

The U.S. Supreme Court case that declared the Defense of Marriage Act (DOMA) unconstitutional, paving the way for federal recognition of same-sex marriages.

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Equal Protection Clause

The legal principle that laws must apply fairly to all individuals, regardless of their characteristics, including their sexual orientation.

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Certiorari

A legal process where a higher court reviews a lower court's decision. The Supreme Court often decides whether to hear a case.

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Diffusion

The process by which legal principles and practices spread throughout society.

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Obergefell v. Hodges

The Supreme Court case that legalized same-sex marriage nationwide.

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Federalism

The concept that the states have the power to make laws on certain issues, while the federal government has authority over other matters.

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Due Process Clause

A key provision of the Fourteenth Amendment that guarantees equal rights to all citizens.

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Constitution

A legal document that defines the structure and powers of the government.

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Venue Shopping

The practice of strategically choosing a specific court to file a lawsuit in order to increase the chances of a favorable ruling.

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Parental Involvement Laws

Laws requiring a minor to involve a parent or guardian in their decision to have an abortion.

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Conscience Clause Laws

Laws that allow healthcare providers to refuse to participate in abortions based on their personal beliefs.

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Public Funding for Abortion

The use of public funds (taxpayer money) to pay for abortions.

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Dobbs v. Jackson Women's Health Organization

The Supreme Court's decision that overturned Roe v. Wade, effectively removing the constitutional right to abortion.

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Strategic Venue Selection

A strategy by which interest groups attempt to influence policy outcomes by strategically choosing the level and branch of government that they believe will be most receptive to their advocacy. This involves choosing the legislature, judiciary, or executive branch that is likely to be most supportive of their policy goals.

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Federalism and Venue Shopping

The federal system in the United States allows interest groups to strategically choose where to pursue their advocacy goals, using the flexibility of multiple levels and branches of government. This flexibility empowers interest groups to engage in venue shopping.

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National Minimum Drinking Age Act (NMDAA)

A crosscutting mandate enacted by the federal government in 1984 that used federal highway funding to incentivize states to raise their legal drinking age to 21.

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MADD and the NMDAA

A historical example of venue shopping where Mothers Against Drunk Driving (MADD) moved their advocacy efforts from state legislatures to Congress when they faced resistance at the state level.

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Redirecting Advocacy Efforts

A strategy used by interest groups to achieve policy goals when they encounter resistance at one level of government, they attempt to move their advocacy to a different level or branch of government.

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Federal Courts and Constitutional Disputes

Federal courts play a crucial role in resolving constitutional disputes that arise from disagreements between states and the federal government over policy issues. The courts provide a mechanism for adjudicating these disputes and ensuring consistency in the application of the Constitution.

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Marriage Equality Movement

The gradual increase in the number of states enacting marriage equality laws starting in 2008, culminating in the Supreme Court's landmark decision in Obergefell v. Hodges in 2015 that legalized same-sex marriage nationwide.

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Competitive Federalism

A political system where federal and state governments compete for authority, influencing policy areas previously thought to be solely within one level's domain.

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Shifting Roles in Competitive Federalism

Issues like immigration and same-sex marriage have moved from being solely under federal or state control to involving both levels of government.

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Immigration Federalism

States are taking on a more active role in shaping immigration policy, despite the federal government's authority.

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Enforcement, Not Replacement

The argument states use to justify their involvement in immigration policy, claiming they're enforcing, not replacing, federal laws.

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State Laws and Immigration

States have increasingly passed legislation on immigration, impacting areas like access to education, healthcare, and welfare benefits.

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Arizona's Role in Immigration Federalism

Arizona has been a leading state in implementing its own immigration policies, often challenging federal authority.

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Growing State Legislation on Immigration

When multiple states have passed a significant number of laws related to immigration, indicating a trend of increased state involvement.

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Study Notes

Learning Objectives

  • Explain the concept of competitive federalism
  • Analyze the issues where states and the federal government disagree

Functions of Government:

  • Federal government: National Security
  • State governments: Licensing
  • Local governments: Garbage collection
  • Policy issues, e.g., immigration and LGBTQ+ rights, redefined due to changing roles of state and federal governments.
  • Interest groups can influence policy by advocating at either the state or federal level.

Contending Issues:

  • Immigration and marriage equality previously had clear responsibilities

  • Federal government handled immigration, and states handled marriage legality.

  • This arrangement is changing; both levels of government are involved now.

  • Immigration federalism: states have taken greater roles in immigration policy.

  • Recent movement: states asserting jurisdiction by restricting undocumented immigrants and regulating immigration-related aspects.

  • Examples: enacting laws, resolutions related to education, healthcare, and welfare, etc.

  • Increased state involvement: 25 states passed 39 laws in 2005;

  • 43 states and Washington, D.C., had passed 288 laws by 2014

  • 32 states passed 206 laws in 2020.

  • Many of these laws relate to COVID-19.

Arizona and Federalism:

  • Arizona passed Senate Bill 1070 in 2010.
  • The bill aimed to discourage undocumented immigrants.
  • Federal government sued to block the law, claiming conflict with federal immigration laws.
  • Public opinion: 81% of Latino voters opposed the bill, according to Arizona State University researchers.
  • Supreme Court Ruling (2012): Affirmed federal supremacy in immigration.
  • Overturned three of four central provisions of Arizona's law., allowing police to arrest without warrant and criminalizing immigration statuses, etc.
  • Upholding the "show me your papers" provision, but warned about racial profiling.

LGBTQ+ Marital Rights:

  • Defense of Marriage Act (DOMA) 1996 defined marriage between one man and one woman.
  • It allowed states to decide on same-sex marriage recognition.
  • Many states had laws banning same-sex marriage in 1997 & 2006.
  • Massachusetts was the first to recognize same-sex marriage but 27 states banned it by 2006.
  • Supreme Court (Windsor 2013): The court struck down DOMA provisions,
  • Court established that states possess authority to define marriage, and federal involvement was not justified.
  • Other federal courts followed this, allowing same-sex marriage nationwide. (Obergefell v. Hodges in 2015)
  • Same-sex marriage is now recognized in 36+ states

Additional Strategies:

  • Venue shopping: Interest groups use both state and federal governments, selecting the level most advantageous for their goals.
  • Mothers Against Drunk Driving (MADD): Example of venue shopping by redirecting concerns from states to the federal level by achieving the National Minimum Drinking Age Act (NMDAA) in 1984,
  • Anti-abortion groups later followed this strategy to limit abortion rights.

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Description

This quiz explores the concept of competitive federalism and the ongoing tensions between state and federal governments on various policy issues. It analyzes case studies such as immigration and marriage equality, highlighting how jurisdiction is shared and evolving. Test your knowledge on how interest groups influence policy at both levels of government.

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