Understanding Federalism in the U.S.

• Federalism divides power between national and state governments.
• The federal government's power comes from the Constitution, especially the Supremacy Clause in Article VI, Section 2.
• Federal law is supreme, and state judges are bound by it.
• The federal government has enumerated powers, while states have reserved powers.
• The Constitution restricts state jurisdiction with the Commerce Clause, Necessary and Proper Clause, and powers related to war, treaties, military, and immigration.
• States manage education, taxation, property, marriage, criminal law, and the national guard.
• Dual Federalism held that federal and state powers were mutually exclusive until 1937.
• McCulloch v. Maryland and Gibbons v. Ogden expanded federal power.
• McCulloch supported a national bank, and Gibbons affirmed federal authority over interstate commerce.
• Cooperative Federalism involves the federal government using grants to influence state policies, as seen in Wickard v. Filburn.
• Regulatory Federalism sets conditions on federal aid, like raising the drinking age or promoting civil rights.
• Unfunded mandates require states to meet federal standards without federal funding.
• New Federalism, begun during the Reagan administration, returned more power to states.
• The Supreme Court limited federal power, especially in commerce, during this period.

Congress

• Congress is bicameral, with the House of Representatives and the Senate.
• The House has 435 members representing districts.
• The Senate has 100 members, two from each state
• Passing legislation is difficult due to the large number of members and different rules in each chamber.
• Compromise, pork barrel legislation (spending for special interests), and logrolling (exchanging favors) help pass bills.
• The committee structure helps manage workload, with 20 standing committees in the House and 16 in the Senate.
• Committees and subcommittees draft and mark up bills, but bills can "die" in committee.
• The House has more leadership, with the Speaker as the most powerful figure.
• The Senate's Majority Leader is less powerful than the Speaker.
• Senators can filibuster, blocking bills unless a supermajority votes to end it.
• Whips gather votes and negotiate.
• Congress can oversee the executive branch, manage the budget, and ensure accountability.
• Candidates rely on incumbency, patronage, and fundraising to get elected.
• Franking privilege and strong constituency ties help incumbents get re-elected.

The Executive Branch

• The Executive branch is defined in Article II of the Constitution.
• Founders designed the executive branch to avoid both monarchy and the weakness of the Articles of Confederation.
• The executive branch requires energy, resolution, and efficiency but remains dependent on the other branches.
• The president's powers include primary/delegated powers, such as being commander in chief.
• The president can choose officers, implement executive agreements, and recognize new countries.
• Legislative powers include the veto and executive orders that implement the president’s agenda.
• The National Emergencies Act allows executive orders to stand unless challenged.
• Agenda setting includes the State of the Union Address and administrative directives.
• Formal powers include the cabinet, chosen by the president to lead departments.
• The president can fire cabinet officers.
• The Executive Office of the President (EOP) includes unconfirmed positions like the OMB director.
• Informal powers include influence through the political party and the media, including social media.
• The Electoral College requires 270 votes to win the presidency.

The Judicial Branch

• The Judicial Branch handles federal and state cases.
• Federal appointments require senatorial courtesy for district judges; higher-level judges need political savvy.
• Federal judges serve for life, according to Article I.
• The federal courts are SCOTUS, Circuit Courts, and District Courts.
• SCOTUS is unique, and Circuit Courts handle appeals.
• District Courts deal with cases based on the Constitution, federal law, and treaties.
• State courts include Supreme, Appellate, and Trial Courts.
• Cases must meet threshold requirements for SCOTUS: standing, mootness, and ripeness.
• The Court uses writs of certiorari, requiring four justices to agree to hear a case.
• The solicitor general often brings cases
• Judicial Review (established by Marbury v. Madison) allows the Court to declare laws unconstitutional.
• Limitations on judicial power include executive refusal to enforce rulings and potential changes by court-packing or constitutional amendments.

The Bureaucracy

• The Bureaucracy is created by law and operates based on statutes.
• It includes 15 departments, like the Department of Defense (largest, with 1.4 million people) and Agriculture.
• Departments are organized hierarchically.
• Free-standing agencies like NASA, CIA, and SSA operate independently.
• Independent Regulatory Commissions like the Federal Reserve are protected by for-cause provisions.
• The Treasury focuses on fiscal policy.
• The Federal Reserve handles monetary policy.
• Homeland Security (including FEMA and TSA) focuses on internal security.
• The Department of Justice handles foreign security. Defense and State focus on national security and foreign relations.
• Pathologies of bureaucracy include bureaucratic drift and coalition drift.
• Inefficiency arises from lack of oversight and competing incentives.
• For-cause protection prevents disruption of services by political pressure.
• Abolishing or cutting bureaucratic functions is difficult due to nondiscretionary spending on essential services.
• Deregulation has been used to reduce bureaucratic burdens.

Interest Groups

• Interest Groups represent concentrated interests that have a strong incentive to organize.
• Diffuse interests often lose because the cost to organize is too high.
• To succeed, interest groups offer benefits and create identification with their leadership.
• Interest groups shape politics by influencing political parties and using insider strategies like lobbying.
• Lobbyists provide information and build connections.
• Court cases advance agendas through legal action and amicus briefs (e.g., ACLU, NAACP).
• Outside strategies include think tanks, get out the vote campaigns, and going public to influence opinion.
• Interest groups donate to political campaigns through PACs and Super PACs.
• Interest groups grow due to technology, government growth, and the weakening of political parties.

Media

• Media includes newspapers, internet/social media, and television.
• Newspapers are declining in readership and journalists.
• Internet/social media provide lots of information but often lack depth.
• Television faces the issue of high costs for new information, leading to oversimplified news.
• Media is controlled by large corporations, potentially leading to bias.
• Coverage depends on journalists, audience, and sources.
• Journalists often focus on stories that attract the wealthiest or most engaged audiences.
• Leaked information is common as journalists rely on insider sources.
• Media shapes public perception by setting the agenda.
• Priming shapes how people evaluate issues.
• Framing uses specific wording to highlight certain aspects of a story.

Bill of Rights & 14th Amendment

• The Bill of Rights originally applied only to the federal government, creating dual citizenship.
• Selective Incorporation extended some Bill of Rights protections to the states, with the 2nd Amendment being fully incorporated.
• The 9th, 3rd, and 7th Amendments aren't incorporated.
• The Establishment Clause means the government must be neutral about religion.
• The Lemon Test requires laws to have a secular purpose, not advance/inhibit religion, and not entangle with religion too much.
• Kennedy v. Bremerton case overruled the Lemon Test.
• Free Exercise allows exemptions for religious conduct.
• Employment Division v. Smith eliminated conduct exemptions for religious groups.
• Political speech gets the highest protection.
• Incitement must present a clear and present danger (Brandenburg standard).
• Defamation is protected if about public figures and requires proving actual malice.
• Obscenity follows the Roth-Miller Standard.
• True threats depend on the victim’s perspective.
• Hate speech is protected unless it incites violence.
• Time, Place, Manner restrictions pass intermediate scrutiny (O’Brien Test).
• Campaign finance has different rules for distribution vs. expenditure.
• There's no prior restraint on publications, but protection of confidential sources depends on state law.
• Press access to trials can be restricted.
• In Heller v. D.C., the 2nd Amendment extended to states and isn't limited to the home
• The 4th Amendment requires a warrant based on probable cause.
• Without a warrant, evidence is inadmissible unless exceptions are met
• The Katz test involves a reasonable expectation of privacy, with cell phones needing a second warrant.
• The 5th Amendment protects against self-incrimination (Miranda v. Arizona).
• Custodial interrogations require Miranda rights, and interrogation must stop if the suspect requests a lawyer.
• Capital punishment is subject to evolving standards of decency, according to the 8th Amendment.
• The 14th Amendment incorporates protections to the states and ensures due process.
• Physicians-assisted suicide isn't a fundamental right.
• Equal protection provides different scrutiny levels and Affirmative action in school administration is unconstitutional.

Elections and Political Parties

• Elections offer the chance to select leaders, ensuring government legitimacy and participation.
• Voters may face adverse selection.
• Citizens 18+ can vote (but felons can't).
• Registration requirements can limit voter participation.
• The Single-Member Plurality System (First-past-the-post) creates a two-party system.
• Political parties may gerrymander district boundaries to favor their side.
• The Australian Ballot lists all candidates on one ballot
• Primaries choose candidates to represent a party.
• Closed primaries only allow registered party members to vote.
• Open primaries allow any voter to choose a party's candidate.
• An initiative is where citizens propose new laws.
• A referendum is a vote by the public on laws proposed by the legislature.
• Parties have strong, lasting identities that don't change easily.
• They nominate candidates, recruit talent, and provide campaign resources.
• Parties help shape policies, especially focusing on "get out the vote" efforts.
• Conventions are held by parties to nominate candidates and create party platforms (e.g., RNC, DNC).
• Committees raise money, organize campaigns, and promote party agendas at all levels.
• Third parties can take votes from major parties.
• Duverger's Law suggests that the First-past-the-post system in the US creates a two-party system by rewarding a first place finish
• Populist Shift is a historical shift that occurred within the party systems

Explore federalism, where power is divided between national and state governments. Learn about enumerated and reserved powers, and how the Supremacy Clause impacts state law. Key cases like McCulloch v. Maryland and Gibbons v. Ogden shaped federal power.