Federal Government, Chapters 3 & 4

Which Article created obligations among the states and to one another, intended to promote national unity?

- Article 4

Supremacy clause

- Article 6, Section 2 - The Constitution, the federal laws, and treaties signed by the U.S. government will prevail as supreme in all legal and international matters.

New Federalism

- Attempts by President Nixon and Reagan to return power to the states through block grants.

What were the 2nd major involvements of the federal government?

- Civil Rights Act, 1964 - Racial Equality (removal of social barriers) - Voting/Political Rights Act, 1965 (gave voting rights to African-Americans in the southern states). Removed the conditions like poll tax, grandfather clause, and literacy test ( Jim Crow law/policies). - 24th Amendment (abolishing Poll Tax)

Article 4, Section 2

- " Comity clause" - Also seeks to promote national unity. - Citizens enjoying the Privileges and Immunities of one state should be entitled to similar treatment in other states. - States will return the felons of other states and will cooperate in collection of child alimony.

Article 4, Section 1

- " Full Faith and Credit" - Meaning that each state is normally expected to honor the "public Acts, Records, and judicial Proceedings" that take place in any other state. - Example- Recognizing marriage, even if the couple was not married under another state law.

Which amendment defines/allocates powers of the states?

- 10th Amendment - Its also called the "reservation clause"

Which 3 Amendments were the first intervention of the federal government in state matters?

- 13th Amendment - 14th Amendment - 15th Amendment - The states were left alone before the civil war to decide their matters. - The events leading to civil war and the determination of the federal government to keep the union together lead to several constitutional and legal steps.

McCulloch vs. Maryland

- 1819 - The first and most important case, which involved the question of whether Congress had the power to charter a national bank

Gibbons vs. Odgen

- 1824 - Another major case, reinforced this nationalistic interpretation of the Constitution; whether the state of New York could grant a monopoly to Robert Fulton's steamboat company to operate an exclusive service between New York and New Jersey.

14th Amendment

- 1868, when the 14th Amendment was added to the Constitution, the question arose once again. - No "state" shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall and "State" deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws. - Applying Amendments 5-8 on state governments.

Bill of attainder

- Article 1, Section 9 - A law that declares a person guilty of a crime without a trial.

Ex post facto laws

- Article 1, Section 9 - Laws that declare an action to be illegal after it has been committed.

Palko vs. Connecticut

- 1937 - Established the Doctrine of Selective Incorporation - Under this doctrine the rights mentioned in the Bill of Rights were to be selectively applied to the states. - In other words, the amendment did not restrict the states actions at once but on as per needed basis.

Defense of Marriage Act

- 1996 - Disapproval of gay marriage; it declared that states will NOT have to recognize a same-sex marriage, even if it is legal in one state. - Passed by Congress

Symbolic Speech, Speech Plus, and Right of Assembly and Petition

- 1st Amendment recognizes the right to assemble, and petition equal to right of free speech. - In 1984, at a political rally held during the Republican National Convention in Dallas, Texas, a political protester burned an American flag, thereby violating a Texas statute. The Supreme Court declared the Texas law unconstitutional. - In a 2003 decision, the Supreme Court struck down a Virginia cross-burning statute. In that case, the Court ruled that states could criminalize cross burning, - Cross burning is forbidden, but not when the act was a "symbolic expression".

In 1932, what was the percentage of the workforce that was unemployed?

- 25%

Which 2 Amendments of the U.S. Constitution state that any power not listed in the constitution is the power of the states and the people?

- 9th Amendment - 10th Amendment

Unitary system

- A centralized government system in which lower levels of government have little power independent of the national government.

Regulated federalism

- A form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards. - The effect of these national standards is that the state and local policies in the areas of environmental protection, social services, and education are more uniform from coast to coast than other nationally funded policies. - In 1937, the Supreme Court decision to open up the interstate businesses and take care of restrictions applied by the states and localities.

Devolution

- A policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local government. - Some responsibilities are passed down to the states (i.e. distribution of funds to welfare recipients, Medicaid, Medicare, school funding, etc.) - Started under President Nixon and further steps were taken under President Reagan. -Popular expression: Powers back to states

Lemon test

- A rule articulated in Lemon vs. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion. -1971 - Established the guidelines for government funding for church affiliated schools. - The schools can be funded if they meet the following criteria: -* it has secular purpose -* it neither advances nor inhibits any religion -* it does not entangle government and religious institutions in each other's matter.

Federal system

- A system of government in which the national government shares powers with lower levels of government, such as states.

Cooperative federalism (1933-1980-Today)

- A type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals. Also known as "intergovernmental cooperation." - National and state governments cooperated with each other. The federal government became benevolent in helping the states to cope with the economic crunch caused by great depression. - Political scientist Morton Grodzins characterized this as a move from "layer cake federalism" to "Marble Cake Federalism"

Libel

- A written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory." - In 1995, the New York courts held that an online bulletin board could be held responsible for the libelous content of material posted by a third party.

Local Government Policies, 1800-1933

- Adaptation of state laws to local conditions - Public works - Contracts for public works - Licensing of public accommodations - Accessible improvements - Basic public services

Article 4, Section 3

- Admission of new states to the union.

Which Amendment(s) places limits on Congress?

- Amendment 1

Which Amendment(s) places limits on the Executive branch?

- Amendment 2 - Amendment 3 - Amendment 4

Which Amendment(s) places limits on the Judiciary branch?

- Amendment 5 - Amendment 6 - Amendment 7 - Amendment 8 - Amendment 11

Which Amendment(s) places limits on the National Government?

- Amendment 9 - Amendment 10

Prior restraint

- An effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the U.S., the courts forbid prior restraint except under the most extraordinary circumstances.

Slander

- An oral statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory." - Also called Slanderous

Which article and section defines the powers of the federal government?

- Article 1, Section 8

Commerce clause

- Article 1, Section 8, of the Constitution, which delegates to Congress the power "to regulate commerce with foreign nations, and among the several States and with the Indian tribes." This clause was interpreted by the Supreme Court in favor of national power over the economy.

Necessary and Proper clause

- Article 1, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers. - Derived through extensive illustrations of the Constitution.

Habeas corpus

- Article 1, Section 9 - A court order demanding that an individual in custody be brought into court and shown the cause for detention.

"Against government"

- Civil liberties are "protections from" improper government actions. Some of these restraints are substantive liberties, which put limits on "what" the government shall and shall not have power to do- such as establishing a religion, quartering troops in private homes without consent, or seizing private property without just compensation.

Categorical grants

- Congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law. - The federal grants given to states or municipalities for specific purpose or project. - The number of categorical grants has gone down but a few categorical grants are still around. -* Separate check for each project -* Special education -* Primary education -* Secondary education -* Head-start program

New Deal Welfare Programs of 1930's

- During the Economic crisis of 1920's-1930's - New Deal Policies of President Roosevelt -* Social Security -* Tennessee Valley Development Project -* The Works Project Administration -* G.I. Bill (Veterans Rehabilitation Programs) -* Establishment of National Labors Relations Board (NLRB) to address labor/wage issues.

Redistributive programs

- Economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor.

8th Amendment

- Excessive bail shall not be required - "Cruel and unusual" punishment

Block grants

- Federal grants-in-aid that allow states considerable discretion in how the funds are spent. - The money is provided in a lump sum to the states for different activities. -* Health, education, general welfare, road pavement, etc.

Project grants

- Grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis.

Formula grants

- Grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive.

Fiscal federalism

- Grants-in-aid: the money provided by the federal government to the states for different state and local projects (i.e. road construction, education, welfare, Medicare, Medicaid). - A major chunk of the money spent by states on different projects come from the federal government. -- Example-- 1/3 of the Texas budget is supported through federal grants.

Article 1, Section 9

- Guarantee of habeas corpus - Prohibition of bills of attainder - Prohibition of ex post facto laws

Fighting words

- Hate Speech - Speech that directly incites damaging contents - " Certain kinds of utterances: the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace."

Article 4

- Horizontal Federalism

Commercial speech (Example)

- In a 2001 case, the Court ruled that a Massachusetts ban on all cigarette advertising violated the 1st Amendment right of the tobacco industry to advertise its products to adult consumers.

Freedom of Speech (Incorporation of the Bill of Rights into the 14th Amendment)

- Incorporated in 1925 - Key Case: Gitlow vs. New York

Freedom of Press (Incorporation of the Bill of Rights into the 14th Amendment)

- Incorporated in 1931 - Key Case: Near vs. Minnesota

National Government Policies (Domestic), 1800-1933

- Internal improvements - Subsidies - Tariffs - Public land disposal - Patents - Currency

Regulatory federalism regulations established

- Interstate Commerce Act, 1887 - Sherman Antitrust Act, 1890 - Federal Trade Commission, 1914 - National Labor Relations Board, 1935

Grand jury

- Jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence. - Is considered "the oldest institution known to the Constitution."

Civil rights

- Legal claims that citizens are entitled to make on the government, i.e., how government must treat its citizens.

5th Amendment

- Life, Liberty, and private property - Double jeopardy - Self incrimination - Grand jury - Eminent domain

Implied powers

- Powers derived from the necessary and proper clause of Article 1, Section 8, of the Constitution. Such powers are not specifically expressed, but are implied through the expansive interpretation of delegated powers.

Reserved powers

- Powers, derived from the 10th Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states.

Great Society Programs of 1960s

- President Johnson - War on Poverty programs -* Medicare, 1968 (elderly) -* Medicaid, 1968 (Income based) -* Assistance to families with Dependent Children (AFDC), 1968 -* New Name: Temporary Assistance to Needy Families (TANF, 1996) 2nd. New Name: Supplemental Nutritional Assistance Program (SNAP). -- This program is popularly called Food Stamps program -* Head-Start, 1965 -* School Lunch Program, 1967 -* Low Cost Housing Schemes in the Urban Areas, 1966 (Title X, Section 8 program) -* Unemployed Compensation -* Visiting Nursing Program -* Women and Infant Children (WIC), 1967 -* Pell Grant/Student Financial Aid -* Farm subsidy/food subsidy -* Corporate tax reduction -* Housing (tax reduction)

Freedom of Speech

- Prior restraint doctrine Near vs. Minnesota (1931) ----The government can only prohibit the publication under the most extraordinary circumstances. ---- New York Times vs. U.S. (Pentagon Papers), 1964 ---- Press has no legal right to hold information from presentation in the court (Judith Miller case 2005).

Grants-in-aid

- Programs through which Congress provides money to the state and local governments on the condition that the funds be employed for purposes defined by the federal government. - Washington redirected states by offering them grants-in-aid.

Article 1, Section 9

- Prohibits federal government from certain actions.

State Government Policies, 1800-1933

- Property laws (including slavery) - Estate and inheritance laws - Commerce laws - Banking and credit laws - Corporate laws - Insurance laws - Family laws - Morality laws - Public health laws - Education laws - General penal laws - Eminent domain laws - Construction codes - Land-use laws - Water and material laws - Criminal procedure laws - Electoral and political party laws - Local government laws - Civil service laws - Occupations and professions laws

Civil liberties

- Protection from improper government actions, i.e., what the government must not do. - Areas of personal freedom with which governments are constrained from interfering.

9th Amendment

- Puts a seal on the rights of the people and equally sets boundaries for the government actions. - "Enumeration in the constitution, of certain rights shall not be construed to deny or disparage others retained by the people."

Unfunded mandates

- Regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government. - Congress mandated standards in many policy areas, including social services and environmental regulations, without providing additional funds to help the states meet those standards. Altogether, Congress enacted 27 laws that imposed new regulations or required states to expand existing programs.

Federal mandates

- Requirements by the federal government for standardization or for the general welfare purpose. - Also called "carrot and stick" policies

Examples of Federal mandates

- Seat belt laws - Drinking age

What is most significant liberty found in the 5th Amendment?

- Self-Incrimination

Expressed powers

- Specific powers granted by the Constitution to Congress (Article 1, Section 8) and to the president (Article 2).

"Speech plus"

- Speech accompanied by conduct such as sit-ins, distributing leaflets, picketing, and other forms of peaceful demonstrations or assembly. Protection of this form of speech under the 1st Amendment in conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.

10th Amendment

- States that the powers that the Constitution does not delegate to the national government or prohibit to the states are "reserved to the States respectively, or to the people."

"Clear and present danger" test

- Test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society. - " The constitution guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation 'except where such advocacy is direct to inciting or producing imminent lawless action and is like to incite or produce such action'."

6th Amendment

- The "right to counsel" provision is notable for sometimes freeing defendants who seem to be guilty as charged. - Other provisions of the 6th Amendment, such as the right to a speedy trial and the right to confront witnesses before an impartial jury, are less controversial in nature.

What are the basis of Civil liberties?

- The 10 Amendments ratified in 1791, set the ground for substantive and procedural restraints on government actions. - The Bill of Rights has been amended through several follow-up amendments (14th in particular) and court decisions/interpretations. - In other words, the intents remained same but contents have been modified to to make American democracy more inclusive.

Free exercise clause

- The 1st Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses. - St. Peter's Catholic Church in Boerne, Texas -** City of Boerne vs. Flores (1996)

Establishment clause

- The 1st Amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of separation" exists between church and state. - Freedom of Religion - The government is prohibited from establishing a church (a state religion). - The government may not take sides among competing religions.

Double jeopardy

- The 5th Amendment right providing that a person cannot be tried twice for the same crime. - The protection from double jeopardy was at the heart of the Palko case in 1937; established the principle of selective incorporation of the Bill of Rights.

Freedom of Speech and Press

- The Doctrine of strict scrutiny; The burden of proof is on the government if it seeks to regulate or inhibit free speech. - Clear and present danger doctrine (Schenk vs. U.S.)- 1919 - Democracy depends on the ability of individuals to talk to each other and to disseminate information and ideas. -Open and free debate, moreover, is seen as an essential mechanism for determining the quality or validity of competing ideas.

Why do we, as the U.S. have a federal system?

- The division of power formula - Allows autonomy to the state governments - Gives power to the states - Union of 50 states

Bill of Rights

- The first 10 Amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people.

How did federalism contribute significantly from 1789-1933?

- The national government remained small and aloof from the most divisive issues of the day. - political stability of the nation, even as the social, economic, and political systems of many of the states and regions of the country were undergoing tremendous, profound, and sometimes violent, changes.

Preemption

- The principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack.

States' rights

- The principle that the states should oppose the increasing authority of the national government. This principle was most popular in the period before the Civil War.

Selective Incorporation

- The process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing citizens protection from state as well as national governments.

General revenue sharing

- The process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula. Revenue sharing typically involves the national government providing money to state governments.

Due process of law

- The right of every citizen against arbitrary action by national or state governments. - 4th, 5th, 6th, and 8th amendments collectively deal with individual rights of due process. - The concept of 'due process' has been explicitly stated at the end of the 5th Amendment. - These amendments (particularly the 5th) were extended to the states under the 14th amendment.

Eminent Domain

- The right of the government to take private property for public use. - "takings clause," which extends to each citizen a protection against the "taking" of private property "without just compensation." - The concept changed in 2005 when the Supreme Court in Kelo vs. City of New London declared that private property can be acquired for another private purpose (development).

2nd Amendment

- The right to bear arms is controversial for the reason that some think it is contingent on participation with state militias. - They argue that states were not repositories of weapons in 1700s, so males between the age 18-45 were allowed to keep their own weapon. - 2010, McDonald vs. Chicago, the Court struck down a Chicago firearm ordinance and applied the 2nd Amendment.

Dual Federalism

- The system of government that prevailed in the United States from 1789 to 1937, in which most fundamental governmental powers were shared between the federal and state governments. - Both governments worked independent of each other. The states did not intervene in federal affairs and the federal government left the states alone. - "Layer Cake"

The Supreme Court decisions after 1937

- These series of decisions laid the groundwork for a much stronger federal government. - Most significant was the Court's dramatic expansion of the Commerce clause. - With these rulings, the Court decisively signaled that the era of dual federalism was over. In the future, Congress would have very broad powers to regulate activity in the states.

True or False: The U.S. government has the supreme legal authority?

- True

Federalism

- a system of government in which power is divided, by a constitution, between a central government and regional government. - In the U.S. the powers are divided between the federal government and the states.

What were the factors that kept the governments (state and federal) at arms' length (1789-1933)?

- nature of economy (agricultural) - absence of modern means of communication - ideological differences - political sensitiveness

Full Faith and Credit clause

- provision, from Article 4, Section 1, of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state.

Privileges and Immunities clause

- provision, from Article 4, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges.

Grants

-Federal grants: The money provided by the federal government to the states and municipalities is provided under a distribute formula. - Variables like the size of the population, age, race, gender, and income distribution cohorts are used to determine the amount a state will get from the federal government.

Examples of Unfunded mandates

-In the late 1980s, Congress ordered the states to extend the coverage provided by Medicaid, the medical insurance program for the poor. - Access to buildings for a handicapped person - No Child Left Behind Act, 2001, unprecedented federal intervention in public education, traditionally a state and local responsibility. New, detailed federal testing requirements and provisions (standardized tests) stipulating how states should treat failing schools were major expansions of federal authority in education.