Chapter 6: Federalism

**Chapter 6: Federalism** 1. What is dual sovereignty? a. **A dual sovereignty is the authority of two governments (national and state) over the same area.** 2. Federalism serves three main purposes. What are they? b. **First it is part of the system of institutional checks a...

**Chapter 6: Federalism** 1. What is dual sovereignty? a. **A dual sovereignty is the authority of two governments (national and state) over the same area.** 2. Federalism serves three main purposes. What are they? b. **First it is part of the system of institutional checks and balances that was designed to control government power by dividing it between two levels of government.** c. **Second, creates a political system where interests can be represented in the national government. Members of Congress represent states and districts within states.** d. **Third, federalism creates a governance system where the states can serve as "laboratories of experimentation."** 3. What is the Supremacy Clause? e. **provides that federal laws "shall be the supreme Law of the Land." The\ Supremacy Clause does not prohibit states from having laws that differ from the federal laws, but it does prohibit states from passing laws that conflict with federal laws.** 4. What are concurrent powers? See your lecture notes. f. **Concurrent powers are powers shared by both states and the federal government. They are powers that are not exclusive to the state or federal government, but are held by both** 5. Know the following terms: bills of attainder, ex post facto laws, the Full Faith and Credit Cause, and the Privileges and Immunities Cause. See your lecture notes. g. **Bills of attainder is (laws declaring a person or group guilty without a** **judicial trial)** h. **Ex post facto laws:  laws that make an act a punishable crime even if the action was legal at the time it was committed.** i. **The Full Faith and Credit Clause requires states to recognize the public\ acts, records, and judicial decisions of other states.** j. **Privilege and Immunities Cause protects the fundamental rights of\ individual citizens and restrains state efforts to discriminate against out-of- state citizens.** 6. In what sense does Federalism complicate American government and politics? k. **The U.S. system of federalism makes American politics doubly\ complicated: we debate what policy should be legal and who should make it. (the national or the state government.)** 7. In what sense does modern federalism contradict what the Founders intended? l. **The Founders created a political system where most government power was left in the hands of the states and the national government's powers were limited. It was a state-centered system. Over time, however, the powers of the national government expanded, and expanded relative to the states.** 8. During the 20th Century, the power of the national government continued to expand relative to the states. What were the first four reasons listed to account for this expansion of power? m. **First, the economic created a popular support for national government activism to remedy the problem of the economic depression such as the Great Depression.** n. **Second, the civil rights expanded the federal government's\ role in promoting racial equality.** o. **Third, criminal justice police expanded the federal government power because of the rise of organized crime, the war on crime, and the war on drugs made crime and policing a national political issue to be addressed by the federal government.** p. **A fourth reason for the expansion of federal power is national security, national defense, and foreign policy. World War II and the Cold War increased the power of the national government. Threats to national security have historically been considered the primary responsibility of the federal government.** 9. Be familiar with the New Federalism movement. Who supported it? What did it arise in response to? See your lecture notes. q. **New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states, this was supported by conservatives' politicians and Richard Nixon, this problem arise because of the expansion of the federal government power.** 10. Liberal and conservative attitudes toward federalism were described as more strategic than principled. What does that mean? r. **That they selected that position because is the one with a preferred outcome, if a liberal (or a conservative) thinks the federal government will produce a preferred policy outcome, they are likely to think that the policy should be decided by the federal government rather than the states.** 11. For what purposes have conservatives supported big government? s. **Conservatives supported big government for national security purposes, getting tough on crime, and moral regulatory purposes (e.g., sexual behavior, marriage, obscenity and indecency, and the definition of marriage)** 12. What does a "preemption analysis" consist of"? t. **The preemption is a doctrine that applies when two authorities' conflict with one another, and a "preemption analysis'' should be made, which consist on three questions which are Did Congress expressly state that federal law preempted state law? Does the state law conflict with federal law? Has Congress so extensively regulated the area of policy to have "occupied the field?" these questions are used in order to decide whether a state law conflicts with a federal law.** 13. Know what the 14^th^, 16^th^, and 17^th^ Amendments provided for, as well as how they contributed to the expansion of national government power over states. See your lecture notes. u. **14th Amendment (1868):\ ** v. **16th Amendment (1909):** **\ ** **Granted Congress the right to collect income taxes.\ **€ **The Nat'l govt uses these resources as leverage.\ ** w. **17th Amendment (1913): mandated the popular election of\ senators**  **State govts lost their direct access to national policy\ makers.** **Chapter 18: Civil Liberties and Civil Rights** (Don't review all the Supreme Court cases; they're too many of them. Only review those mentioned below). 14. In what sense are civil liberties "negative rights" and civil rights "positive rights"? x. **Negative rights often correspond with civil liberties---what the government cannot restrict---and positive rights correspond with civil rights---what the government must protect.** 15. If the government "substantially burdens" a fundamental freedom, the government must demonstrate that it has a compelling interest **[in limiting the freedom and that it has no less restrictive means to\ achieve it.]** 16. What two readings of the First Amendment Establishment Clause have fairly consistently divided conservatives and liberals? Which one does each favor? Be familiar with these interpretations. Which of the two -- i.e., liberals and conservatives -- tend to be secularists, and which tend to be religionists? y. **The Wall of Separation and The Accommodation readings** z. **Liberals tend to be secularists who advocate for the Wall of Separation while conservatives tend to be religionists who advocate for more government support for religion and moral values.** 17. How did the colonists believe about the relationship between government/politics and religion? a. **The colonists explicitly believed that government and politics had explicitly religious purposes. Their founding documents such as the Mayflower Compact described government as responsible for making people morally good (as defined by the tenets of an established church) and politics as a community's efforts to make people morally good (by legislating morality).** 18. Be familiar with the three prongs of the Lemon Test. Why were conservatives critical of the Lemon Test? What has replaced this test? b. **First, the law must have a secular legislative\ purpose (in this case, the state aid helped educate children). Second, the law must neither help nor hurt religion. Third, the law must not foster excessive government entanglement with religion.** c. **political conservatives are critical of the Lemon Test for being too separationist, it possible that the Court will eliminate the Lemon Test or change its application to allow Accommodation on matters of religion and government, church and state.** 19. On issues of religious freedom, **the distinction between faith and actions** remains one of the most important rules for determining the limits of government power. 20. Reynolds created two legal principles that are still used today to decide civil liberties cases. What are those principles? d. **Reynolds created two legal principles that are still used today\ to decide civil liberties cases. The first principle is that the First\ Amendment does not guarantee absolute freedom of religion. It\ guarantees absolute freedom of belief but it allows government to\ restrict religious practice.** e. **The second principle established in Reynolds is that government has the\ power to limit certain kinds of religious practices that were considered morally or socially unacceptable.** 21. What are the material and legal benefits enjoyed by an organization that is officially recognized as religious? f. **The material benefit ais the tax-exempt status, and the legal is the exemption from compulsory military service (the draft), religious exemptions from certain workplace rules, and religious exemptions from state drug laws for sacramental drug usage (e.g., peyote; marijuana; communion wine).** 22. What legal test did the Religious Freedom Restoration Act (1993) restore? g. **strict scrutiny test, which required the government to have a compelling reason for burdening freedom of religion.** 23. Political actions are subject to what are called time, place, and manner restrictions. What does that? h. **Freedom of speech does not mean\ that people can say whatever they want (e.g., certain provocative words such as hate speech can be limited), however they want (use of bullhorns can be limited as can public demonstrations), wherever they want (speech on private property or in certain public places such as residential neighborhoods or special places such as airports can be limited), and whenever you want (you can make a good point but maybe not at 4:00 in\ the morning).** 24. There are two readings of the Second Amendment: an individual rights reading and a federalism reading. Be familiar with these interpretations. i. **This is the federalism reading of the Second Amendment. It holds that the Second Amendment was included in the Bill of Rights to protect the states from the federal government.** j. **. The Second Amendment protected state militias by preventing the federal government from abolishing state militias. This federalism reading of the Second Amendment is a "state's rights" reading.** 25. Which SCOTUS ruling declared that the Second Amendment (or the interpretation of it expressed in *District of Columbia v. Heller*) applied to state and local governments? k. **In McDonald v. Chicago the Court ruled that it did. So now individuals can use the Second Amendment to challenge state and local gun laws.** 26. What does it mean when we say that there is a "presumption of freedom of speech"? l. **means that the government bears the burden of proof to show the need to restrict a fundamental freedom such as freedom of expression** 27. Which of the two documents -- the Declaration of Independence and the Constitution -- mentions equality, and which does not? Which of the two is a specifically *legal* document? m. **The Declaration of Independence mentions equality on a memorable language, while the constitution does not mention equality, but it Is the legal document or governing document.** 28. Be able to summarize each of the following legal developments in one or two lines: The Civil Rights Cases (1833); The Civil Rights Acts of 1866, 1875, and 1964; the Voting Rights Act of 1965. n. **The Civil Rights Cases (1833), The Civil Rights Cases of 1883 combined five different cases that revolved around the 1875 Civil Rights Act** o. **The Civil Rights Acts of 1866, It gave citizens of every race and color equal rights to make contracts, testify in court, purchase, hold and dispose of property, and enjoy full and equal benefit of all laws** p. **1875, the enjoyment of comforts regardless of color, race, and religion** q. **1964, prohibits discrimination based on race, color, religion, sex or national origin.** r. **Voting Rights Act of 1965, No voting\ qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.** 29. Familiarize yourself with the Civil War amendments: thirteenth, fourteenth, and fifteenth. See your lecture notes. s. **The 13^th^ Amendment prohibited slavery.** t. **The Fourteenth Amendment prohibited states from making or enforcing any law that shall "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."** u. **The Fifteenth Amendment prohibited states from denying the right to vote on account of "race, color, or previous condition of servitude."** 30. Be familiar with the separate but equal doctrine and the rulings issued in Plessy v. Ferguson (1896) and Brown v. Board of Education (1954). v. **In Plessy v. Ferguson, Separate but Equal Doctrine that allowed states to have racial segregation as a matter of public policy for schools, public accommodations, and other services and facilities.** w. **Brown v. Board of Education, the Court ruled that de jure segregation in public schools, segregation by law, was unconstitutional. The separate but equal doctrine was itself unconstitutional.** 31. How did Martin Luther King and Malcolm X differ with respect to their philosophy and activism? See your lecture notes. x. **Malcolm X\'s ideas were often at odds with the message of the civil rights movement. Martin Luther King, Jr., for example, expounded nonviolent strategies such as civil disobedience and boycotting to achieve integration, while Malcolm advocated for armed self-defense and repudiated the message of integration as servile** 32. What is affirmative action, and why are some critical of it? y. **Is a policy that take race into consideration when making school admissions decisions or employment decisions. Critics of affirmative action opposed the recognition of group rights rather than individual rights. Closely scrutinize affirmative action policies to determine whether they violate equal protection of the laws.** **Critics called the affirmative action use of racial or gender quotas or targets in employment settings reverse discrimination.** 33. According to the author, the civil rights movement to end racial discrimination had one unintended negative consequence. What was it? z. **Efforts to end racial segregation unintentionally contributed to the\ breakup of black economic communities that had developed in segregated areas. The end of de jure racial segregation meant that members of the black community were able to live in other neighborhoods and buy goods and services outside of the black business\ community.** 34. What did the Fair Labor Standards Act (1963) require? a. **Required equal pay for equal work.** 35. Does the 14^th^ Amendment Equal Opportunity clause apply to women? b. **The Court did hold that the Fourteenth Amendment's equal protection clause applied to women, but never accepted the argument that gender\ discrimination was analogous to racial discrimination.** 36. What are suspect classifications? Has the Court ever considered gender classifications suspect classifications that trigger strict scrutiny? c. **Suspect classification is a class of individuals who have been historically subject to discrimination. the Court has never considered gender classifications suspect classifications that trigger strict scrutiny. But\ courts do closely scrutinize laws that treated people different based on gender, and fewer gender classifications are now considered constitutional.** 37. What did SCOTUS rule in *Graham v. Richardson* (1971) and *Plyler v. Doe* (1982)? d. **the Court held that alienage was a suspect classification, and that an Arizona law that limited welfare benefits to citizens and created residency requirements for aliens violated the 14^th^ Amendment provision that prohibited a state from denying to any person within its jurisdiction the equal protection of the laws. And in a 1982 case, Plyler v. Doe, the Court ruled that Texas could not deny public education to undocumented aliens.** 38. What are some of the reasons why people oppose the death penalty? See your lecture notes. e. 39. Familiarize yourself with the Jim Crow era. What were the black codes? See your lecture notes. f. **Black codes are laws denying most legal rights to newly freed slaves.** g. **Jim crow Laws required segregation in public school and facilities.** 40. What was the suffrage movement? What did the 19^th^ Amendment provide for? See your lecture notes. h. **The suffrage movement was a sought voting rights for women in which the 19^th^ amendment guaranteed women the right to vote.** 41. Acquaint yourself with the *Lawrence v. Texas* (2003), as well as *Obergefell v. Hodges* (2015). See your lecture notes. i. ***Lawrence v. Texas* (2003) ruled a Texas statute banning sodomy (Anal sex between same gender) was unconstitutional.** j. ***Obergefell v. Hodges* (2015). Legalized same-sex marriage.** 42. Know the following terms: Prior restraint; direct incitement test; libel; and slander. See your lecture notes. k. **Prior restraint, Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact.** l. **Direct incitement test protects advocacy of illegal action unless imminent lawless action is intended and likely to occur.** m. **Libel, a false written statement** n. **Slander, untrue spoken statements that defame a person´s character.** 43. Know the following terms: fighting words; habeas corpus; double jeopardy; and exclusionary rule. See your lecture notes. o. **Fighting words, words that tend to incite violence** p. **Habeas corpus, ensure they you can't be arbitrarily imprisoned** q. **Double Jeopardy prohibits anyone from being prosecuted twice for substantially the same crime.** r. **Exclusionary rule, a law that prohibits the use of illegally obtained evidence in a criminal trial.** 44. Be able to summarize the Fourth, Fifth, and Sixth Amendment in one or two lines: See your lecture notes. s. **Fourth Amendment, protects people from unreasonable searches** i. **Exceptions are reasonable suspicion, obtaining consent, search your car.** t. **Fifth Amendment, guarantees the right to a grand jury, forbids "double jeopardy," and protects against self-incrimination. Prevents property seizure without just compensation.** ii. **The right to remain in silent, and to an attorney (The Miranda right)** u. **Sixth Amendment, Entitles the defendant to an attorney, Guarantees the right to a speedy and public trial by impartial jury, Guarantees suspect the right to confront witnesses against them.** **Chapter 3: Congress** 45. Why has Congress been called "the broken branch" of government? How does the public generally feel about this institution? v. **Congress has been called "the broken branch" of government because the public (and many political scientists) consider it an inefficient or ineffective institution.** w. **The public does not hold Congress in very high regard because Congress does not seem to be making much headway toward solving the nation's\ problems.** 46. Be familiar with the redistricting process (e.g., know what gerrymandering, both political and racial, means). See your lecture notes. x. **Apportionment: Adjust the number of seats allowed to each state** y. **Redistricting: State legislature must redraw congressional districs to ensure that each member in congress represents the same \# of residents. This often involves:** iii. **Gerrymandering: redrawing a congressional district to intentionally benefit a party** 47. How (and why) has Congress' role in the U.S. system of government changed over time? What place in this system was this institution supposed to hold, according to the Founders' vision? z. **The modern Congress focuses less on making laws for the nation and more on representation and oversight of the administration this is because the executive branch had gained more power.** a. **Congress was intended to be the first branch of government in the\ sense that it was intended to be the primary branch of the federal government** 48. What other institutions make laws? What kinds of laws do they make? b. **The legislative branch is the law-making branch of the government\ made up of the Senate, the House of Representatives, and agencies that support Congress. executive orders, executive agreements, administrative regulations, and even case law\\** 49. What are enumerated and implied powers? From what clause in the Constitution is the latter derived? c. **Enumerated powers are those that are specifically mentioned. Enumerated powers are sometimes called delegated powers because they are powers that the Constitution delegates to government.** d. **Implied powers are those that are not specifically mentioned\ but which can be logically implied to flow from those that are enumerated**. e. **Is derivate by the necessary and proper clause (The elastic clause)** 50. Be familiar with the four main roles or functions of Congress. To what does Congress devote more of its time? f. **Lawmaking, representation, legislative oversight and constituency service.** g. **Congress devotes more time to representation and oversight and less time making laws for the nation.** 51. Especially familiarize yourself with the process by which laws are made. Review textbook and your lecture notes. h. **House of representatives-committee-sub-committee- Rules Committee- full house- conference committee** i. **Senate-committee-sub-committee - full senate- conference committee** j. **At the conference, a single version is made from both the house and senate.** k. **If congress passes the law, then the president can passed the bill or veto it.** 52. How can the Senate hold up a bill? How can a filibuster be defeated? Review your lecture notes. l. **The senate can hold up a bill by doing a filibuster in which the senate do long speeches or unlimited debate until everyone is gone.** 53. What is political efficacy? m. **Political efficacy is the belief that it is possible for a person to participate effectively in government and politics.** 54. Over what policy area does Congress have more influence (in comparison to the presidency); Over what does it have less influence? n. **Congress generally follows the president's lead in formulating public policy. In domestic affairs, Congress typically exerts more influence over public policy.** 55. What does bicameralism and unicameralism mean? What kinds of rules and traditions (e.g., formal or informal rules) does each house of Congress go by? o. **Unicameral has one chamber or house, while bicameral has two chambers or houses.** p. **The House is larger and therefore has more formal rules of operation to govern debate. The Senate is smaller and relies more on informal rules, a tradition of open debate (including the infamous filibuster), and personal relationships.** 56. What is the committee system? Be familiar with the different types of committees. q. **The committee system is a form of division of labor where individuals\ are assigned different tasks to take advantage of specialization or expertise.** r. **Standing: the most prominent of the committees. These are the\ permanent committees that focus on specific area of legislation, such as the House Committee on Homeland Security or the Senate Committee on Armed Forces.** s. **Joint committees have members from the House and the Senate and are\ concerned with specific policy areas.** t. **Conference committees are created to reconcile differences between the House and Senate versions of a bill. The conference committee is made up of members from both the House and the Senate who work to reach compromises between similar pieces of legislation passed by the House and the Senate** u. **Select or special committees are temporary committees that serve only for a very specific purpose. These committees conduct special investigations or studies and report back to whichever chamber established the committee.** 57. Be familiar with the leadership structures in each house. Know the current leaders in each house, as well as which party controls each house. What does "whip" (e.g., minority whip) mean in this context? **The house is control by the republicans** **Mike Johnson is the leader of the house** A diagram of a government Description automatically generated **The senate is controlled by democrats** **Chuck Schumer (D) of New York and Mitch McConnell (R) of Kentucky are the leaders of the senate**  v. **Whip: Keep close contact with all members of his or her party and persuades members to toe the party line.** 58. What are the unique roles and powers of each house? See your lectures notes. w. **The house of representative has the power to originate revenue bills and power to impeach** x. **The senate has the power to approve major presidential appointments, power to approve treaties and power to convict impeached officials** 59. How often are representatives and senators elected? How many members does each house have? What is representation based on in each house? See you lecture notes. y. **The house is elected every 2 years, 435 members, representation based on population.** z. **The house is elected every 6 years, 100 members, equal representation.** **Chapter 4: The Presidency** 60. Be familiar with the legal (or formal) powers of the president (i.e., his constitutional, statutory, and case law) powers. What has been the cumulative effect of congressional delegations of power? a. ** Constitutional powers: The president\'s powers are outlined in Article II of the Constitution, including being the Commander-in-Chief, granting pardons, and negotiating treaties (with Senate approval).** b. ** Statutory powers: Powers granted through laws passed by Congress, such as the power to execute federal laws.** c. ** Case law powers: Legal rulings that interpret or expand presidential authority.** d. ** Cumulative effect of congressional delegations: Congress has delegated significant authority to the executive branch, enhancing the president's power over areas like national security and economic regulation.** 61. What are the three constitutional powers that presidents claim? Which one is the most controversial and why? e. ** Expressed powers (explicitly stated in the Constitution),** f. ** Inherent powers (implied by the Constitution\'s \"executive power\" clause),** g. ** Delegated powers (granted by Congress).** h. ** Most controversial: Inherent powers, because they are not explicitly stated, leading to debates over presidential overreach (e.g., executive orders, military actions without Congress).** 62. Know the different kinds of implied powers. i. **These powers are not expressly listed in the Constitution but are necessary for the president to carry out their duties. Examples include executive orders, executive privilege, executive agreements signing statements, and firing.** 63. In which article of the Constitution are the president's powers enumerated? j. **The president\'s powers are enumerated in Article II of the Constitution** 64. Also be familiar with the president's political (or informal) powers. k. ** Bargaining and persuasion: Using personal influence to push legislation.** l. ** Bully pulpit: Using the media to rally public support.** m. ** Executive orders: Directing how laws should be executed without the need for congressional approval.** n. ** Signing statements: Indicating how the president interprets a law and intends to implement it.** 65. With respect to presidential power, how has the Supreme Court generally interpreted the Constitution? o. **The Court has generally allowed for broad interpretations of presidential power, especially in foreign policy and national security, but has also imposed limits (e.g., in cases like *Youngstown Sheet & Tube Co. v. Sawyer*).** 66. Presidential power is also affected by the political events, circumstances, and conditions facing the country -- Be familiar with these. p. **Events like wars, economic crises, or national emergencies can enhance presidential power, as the country often looks to the executive branch for decisive action.** 67. What is gridlock? Unified government? Divided government? See also your lecture notes. q. ** Gridlock: When legislative action stalls due to divided control of Congress or conflict between the president and Congress.** r. ** Unified government: When the same party controls the presidency and both houses of Congress.** s. ** Divided government: When the presidency and Congress are controlled by different parties.** 68. Be familiar with the "rally around the flag" effect. t. **A phenomenon where public support for the president increases during a national crisis, especially in matters of foreign policy or national security.\ ** 69. What are the former (or constitutional) and informal qualifications to become president? u. ** Formal qualifications: Natural-born citizen, at least 35 years old, and a resident of the U.S. for at least 14 years.** v. ** Informal qualifications: Political experience, strong communication skills, party support, and** public appeal. w. 70. When do presidential elections take place? x. **Presidential elections take place every four years on the first Tuesday after the first Monday in November.** 71. What does the Commission on Presidential Debates do? y. **The Commission on Presidential Debates organizes and sponsors debates between major candidates for president and vice president in the general election.** 72. Why did the Founders create the Electoral College? z. **The Founders created the Electoral College to balance power between large and small states, as well as to provide a buffer against direct popular vote, which they feared could lead to mob rule.** 73. What happens if no presidential candidate receives a majority of the electoral vote? a. **If no candidate receives a majority of the electoral vote, the election is decided in the House of Representatives, with each state delegation casting one vote for one of the top three candidates.** 74. What is a bureaucracy? What kinds of officials are considered part of the government bureaucracy? What does "red tape" mean? b. ** Bureaucracy: A system of government where most decisions are made by state officials rather than elected representatives.** c. ** Officials: Include civil servants, agency heads, and federal workers.** d. ** Red tape: Excessive regulation or rigid conformity to formal rules that are considered redundant and hinder decision-making.**