American Gov Quiz 3

Home Rule City

-1912 -was ratified allowing municipalities of more than 5,000 residents to adopt their own home rule charters and pass ordinances of their own choosing, subject only to the Texas constitution and general laws -allowed cities to create their own forms of municipal government. -More tax authority than general law cities -Can pass laws the State of Texas does not forbid them to pass

unincorporated territory

-An ____________ of the United States is a self-governing country which is, however, dependent on the absolute power of the US Congress, as well as the US armed forces exercise extensive control over it. -This is area that is part of the US but the people do not have US citizenship

Controversies with Federalism: States and Immigration

-Arizona v. U.S. (2012) •States can enforce national immigration laws, cannot make immigration laws -Potential DACA (Deferred Action for Childhood Arrivals) repeal •States threatened lawsuits

early federal government: McCulloch v. Maryland (1819)

-Chief Justice John Marshall argued that Congress could create a national bank even though the Constitution did not expressly authorize it -Under the necessary and proper clause of Article I, Section 8, the Supreme Court asserted that Congress could establish "all means which are appropriate" to fulfill "the legitimate ends" of the Constitution -the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. -The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

Industrialization: acts to curtail ant competitiveness of the railroad

-Congress passed the Interstate Commerce Act in 1887, -Three years later, national regulatory capacity was broadened by the Sherman Antitrust Act of 1890

Homeowners' Association

-Designed to manage common or shared property and protects owner property values, provide services to residents and develops a sense of community through social amnesties

Controversies with Federalism: upcoming US supreme court session

-Direct challenge to Roe v. Wade (1973) •Mississippi law •Important: Before Roe, states made their own abortion policies. *Some states allowed elective abortions before Roe.

stages of federalism: dual

-Early America -Clear distinction between state and national responsibilities -Two factors contributed to the emergence of this conception of federalism •National government: currency, military, etc. •State government: health, safety, other state issues

Gibbons v. Ogden: what strengthened the power of the national government.

-First, interstate commerce was interpreted broadly to mean "commercial intercourse" among states, thus allowing Congress to regulate navigation -Second, because the federal Licensing Act of 1793, which regulated coastal commerce, was a constitutional exercise of Congress's authority under the commerce clause, federal law trumped the New York State license monopoly law that had granted Ogden an exclusive steamboat operating license. -As Marshall pointed out, "the acts of New York must yield to the law of Congress

stages of federalism: dual: Two factors that contributed to this idea

-First, several Supreme Court rulings blocked attempts by both state and federal governments to step outside their jurisdictional boundaries. -Second, the prevailing economic philosophy at the time loathed government interference in the process of industrial development

Emancipation Proclamation in 1863: defeat of the south's impact

-First, the Union victory put an end to the right of states to secede and to challenge legitimate national laws. ----Second, Congress imposed several conditions for readmitting former Confederate states into the Union *among them was ratification of the Fourteenth and Fifteenth Amendments. -In sum, after the Civil War the power balance shifted toward the national government, a movement that had begun several decades before with McCulloch v. Maryland (1819) and Gibbons v. Odgen (1824).

Articles of Confederation: law passing

-For laws they had to be 9/13 *Nine votes were required before the central government could act -the Articles of Confederation could be changed only by unanimous approval of all thirteen states -No power to tax -Could only make suggestions for minor decisions, needed majority -Managed foreign affairs, Created loose confederation, -Was drafted by John Dickenson -Congress's power was limited to prevent problems experienced under Britain,

Homeowners' Association: celebration, Florida

-Founded by Disney •1994 (Marshall 2000: 1-2) -"Celebration does not have a government. It has a homeowners association" (Marshall 2000: 17). •Homeowners associations are contractual agreements, according to courts (Marshall: 19).

countries with unitary government

-France -Japan -Sweden

Controversies with Federalism: Marriage and Same sex couples

-Marriage is historically a state function •States must follow 14th Amendment -U.S. Supreme Court has struck down marriage laws before •Loving v. Virginia (1967) -Obergefell v. Hodges (2015) •All states must recognize marriage between same sex couples

Cooperative F: President Lyndon Johnson: Great Society programs

-Medicaid -Medicare -school nutrition programs -The Elementary and Secondary Education Act (1965), -The Higher Education Act (1965) -The Head Start preschool program (1965) *expand educational opportunities and equality -The Clean Air Act (1965) -The Highway Safety Act (1966) -The Fair Packaging and Labeling Act (1966) *promoted environmental and consumer protection. -Finally, laws were passed to promote urban renewal, public housing development, and affordable housing

cooperative federalism: NLRB v. Jones and Laughlin Steel (1937)

-National Labor Relations Board -the Supreme Court ruled the National Labor Relations Act of 1935 constitutional, asserting that Congress can use its authority under the commerce clause to regulate both manufacturing activities and labor-management relations.

stages of federalism: Cooperative federalism

-National and state government worked together -Great Depression prompted this change -In contrast to dual federalism, it erodes the jurisdictional boundaries between the states and national government, leading to a blending of layers -contributed to the gradual incursion of national authority into the jurisdictional domain of the states, as well as the expansion of the national government's power in concurrent policy areas. -New Deal (1960s) -NLRB v. Jones and Laughlin Steel (1937) -Also included Great Society

early federal government: civil war

-Nullification resolved by _____ in favor of national government -States had to ratify the Fourteenth and Fifteenth Amendment to be readmitted

New Federalism/devolution: 1996 welfare reform

-Personal Responsibility and Work Opportunity Reconciliation Act in 1996 -states were given great discretion over the provision of welfare. -The federal government reduced its level of monetary support for the program and, in exchange, the states gained more authority over its implementation. -States were able to set more restrictive work requirements, to place caps on the number of family members who could receive aid, and to limit the length of time someone could qualify for government assistance

Cooperative federalism: new deal

-President Franklin D. Roosevelt proposed as a means to tackle the Great Depression *ran afoul of the dual federalism mindset of the justices on the Supreme Court in the 1930s -The court struck down key pillars of the ____________on the grounds that the federal government was operating in matters that were within the purview of the states -provided old-age pensions (Social Security), unemployment insurance, agricultural subsidies, protections for organizing in the workplace, and a variety of other public services created during Roosevelt's administration

Controversies with Federalism: Unfunded Mandates

-Source of anger for states -Force states to comply with rules without (full) reimbursement •Some states had this complaint about No Child Left Behind *Replaced with Every Student Succeeds Act (2015)

stages of federalism: new federalism/devolution

-Started with Nixon -Sending more authority to states •Categorical grants •Block grants •Revenue sharing *Reagan ended -U.S. v. Lopez (1995) -1996 welfare reform •AFDC (categorical grant) became TANF (block grant) •States allowed to impose many new rules •National requirement to reduce caseloads

Controversies with Federalism: Marijuana and state policy

-Still illegal nationally -Gonzales v. Raich (2005) - national government can enforce law in medical marijuana states -Recreational legalization •Remains in place due to enforcement priorities - Cole Memorandum

general law cities

-The state legislature continued to enact legislative charters establishing Texas cities until 1909, when the state passed a constitutional amendment allowing for the creation of ________ -municipalities that are limited to government structures and powers specifically granted by state law, and generally apply to cities with a population of less than 5,000 residents

ordinance

-a piece of legislature enacted by municipal authority -The city council serves as the chief legislative branch of city government and is responsible for _______

wards

-aldermanic districts -the special districts that a city under mayor-council government is divide into (from which the resident voters elect their representative to the city council) -City council districts -Cities moved toward wards to enhance minority representation

district court judges

-appointed by president, subject to confirmation by US Senate -preside over state district courts with delegated jurisdiction over criminal law including state felony criminal cases -and civil law such as divorce, adoption, and probate

New Federalism/devolution: categorical grants

-are federal transfers formulated to limit recipients' discretion in the use of funds and subject them to strict administrative criteria that guide project selection, performance, and financial oversight, among other things. -These grants also often require some commitment of matching funds. -AFDC: Aid to Families with Dependent Children

new federalism/devolution

-attempts made to reverse the process of nationalization—that is, to restore states' prominence in policy areas into which the federal government had moved in the past -is premised on the idea that the decentralization of policies: *enhances administrative efficiency, reduces overall public spending, and improves policy outcomes

democratic systems: confederal government

-authority is concentrated in the states *authority is decentralized, and the central government's ability to act depends on the consent of the subnational governments

stages of federalism: dual: industrialization

-changed the socioeconomic landscape of the United States -One of its adverse effects was the concentration of market power. *Because there was no national regulatory supervision to ensure fairness in market practices, collusive behavior among powerful firms emerged in several industries.

3 forms of city government

-commission system -mayor-council system -council-manager system

New Federalism/devolution: Ronald Reagan: Omnibus Budget Reconciliation Act of 1981

-congressional leaders together with President ________ consolidated numerous federal grant programs related to social welfare and reformulated them in order to give state and local administrators greater discretion in using federal funds.

3 forms of city government: mayor-council system

-consists of a mayor and a number of council members or aldermen -The mayor presides at council meetings and is the chief executive officer of the city in his service as head of the police force and budgetary officer of the city -two types

curtail anticompetitive practices: Interstate Commerce Act in 1887

-created the Interstate Commerce Commission

democratic systems: federal government

-divides powers between two levels of government: the states and the _____ government -creates a mechanism for them to check and balance one another -both safeguards state interests and creates a strong union led by a capable central government -American ______ also seeks to balance the forces of decentralization and centralization -The Constitution contains several provisions that direct the functioning of U.S. ________

stages of federalism

-dual federalism -cooperative federalism -new federalism/ devolution

federal government: 5 characteristics

-establish two levels of government, with both levels being elected by the people and each level assigned different functions -a written national constitution that cannot be changed without the substantial consent of subnational governments -allocate legislative, judicial, and executive authority to the two levels of government in such a way as to ensure each level some degree of autonomy from the other -national courts commonly resolve disputes between levels and departments of government -subnational governments are always represented in the upper house of the national legislature

district Court

-federal court where trials are held and lawsuits are begun -Can be more than one county

New Federalism/devolution: block grants

-federal grants-in-aid that allow states considerable discretion in how the funds are spent -come with less stringent federal administrative conditions and provide recipients more flexibility over how to spend grant funds. *TANF: Temporary Assistance for Needy Families (replaced the AFDC)

mayor-council system: two types: weak form

-grants the mayor limited powers over the budget; divides power so that the mayor shares executive and legislative power with other elected city officials and the council; limits the number of terms the mayor can serve; and allows the mayor little or no veto authority. ---The______ mayor form is used in fewer than 40 Texas home rule cities -Beaumont

mayor-council system: two types: strong form

-grants the mayor power to appoint and remove department heads, prepare the city budget for consideration by the council, and to veto council proposals. -Houston

curtail anticompetitive practices: Sherman Antitrust Act of 1890

-made it illegal to monopolize or attempt to monopolize and conspire in restraining commerce

democratic system: unitary government

-makes subnational governments dependent on the national government, where significant authority is concentrated -the United Kingdom's _______system was centralized to the extent that the national government held the most important levers of power *now decentralized creating regional governments

3 forms of city government: council manager system

-most popular system of city government in both the United States and Texas. -Currently, 251 of Texas' 290 home rule cities have adopted the ______ form of government -consist of an at-large elected mayor who presides over the city council, and other council members elected at large or by place or district within the city (pass laws) -The mayor and council members are typically low paid, part-time officials who recruit, hire, and pay a full-time, trained professional city manager to run the business of the city.

New Federalism/devolution: US V. Lopez

-one of the supreme court ruling that promoted new federalism by hemming in the scope of the national government's power, especially under the commerce clause -court struck down the Gun-Free School Zones Act of 1990 -It argued that the regulation in question did not "substantively affect interstate commerce." -The ruling ended a nearly sixty-year period in which the court had used a broad interpretation of the commerce clause that by the 1960s allowed it to regulate numerous local commercial activities.

unitary government: devolution

-power gradually being decentralized -a process in which powers from the central government in a ______system are delegated to subnational units

New Federalism/devolution: Nixon: general revenue sharing

-programs that distributed funds to the state and local governments with minimal restrictions on how the money was spent

President Franklin D. Roosevelt

-proposed the new deal -The court's obstructionist position (they struck down some pillars of new deal) infuriated Roosevelt, leading him in 1937 to propose a court-packing plan that would add one new justice for each one over the age of seventy *thus allowing the president to make a maximum of six new appointments -Before Congress took action on the proposal, the Supreme Court began leaning in support of the New Deal *Chief Justice Charles Evans Hughes and Justice Owen Roberts changed their view on federalism.

Federal Government: enumerated powers

-regulate interstate and foreign commerce -coin money -conduct foreign affair -establish rules of naturalization -punish counterfeiting -establish copyright/patent laws -regulate postal system -establish courts inferior to supreme -declare war -raise and support armies -make all laws necessary and proper to care out duties

Amending the US Constitution requires

-requires a two-thirds majority in both houses of Congress and in three-quarters of state legislatures to approve a change. -The possibility of amending the Constitution helped ensure its ratification, although many feared the powerful federal government it created would deprive them of their rights.T *to allay their anxieties, the framers promised that a Bill of Rights safeguarding individual liberties would be added following ratification.

federal government: powers denied

-tax state exports -change state boundaries -violate the bill of rights

early federal government: nullification argument

-that states had the right to reject national laws they deemed unconstitutional] -emerged in the 1830s over President Andrew Jackson's tariff acts of 1828 and 1832 -Led by John Calhoun, President Jackson's vice president, nullifiers argued that high tariffs on imported goods benefited northern manufacturing interests while disadvantaging economies in the South -South Carolina passed an Ordinance of Nullification declaring both tariff acts null and void and threatened to leave the Union. -The federal government responded by enacting the Force Bill in 1833 -The prospect of military action coupled with the passage of the Compromise Tariff Act of 1833 (which lowered tariffs over time) led South Carolina to back off, ending the nullification crisis.

Controversies with Federalism: States and Immigration: Arizona v. US

-the Supreme Court affirmed federal supremacy on immigration -The court struck down three of the four central provisions of the Arizona law—namely, those allowing police officers to arrest an undocumented immigrant without a warrant if they had probable cause to think he or she had committed a crime that could lead to deportation, making it a crime to seek a job without proper immigration papers, and making it a crime to be in Arizona without valid immigration papers. -The court upheld the "show me your papers" provision, which authorizes police officers to check the immigration status of anyone they stop or arrest who they suspect is an illegal immigrant

Controversies with Federalism: upcoming US supreme court session: Roe v. Wade

-the Supreme Court decided the right to privacy encompassed a right for women to terminate a pregnancy, at least under certain scenarios.

early federal government: Dred Scott v. Sanford (1857)

-the Supreme Court ruled that the national government lacked the authority to ban slavery in the territories -election of President Abraham Lincoln in 1860 led southern states to secede from the United States -What was initially a conflict to preserve the Union became a conflict to end slavery when Lincoln issued the Emancipation Proclamation in 1863 -The defeat of the South had a huge impact on the balance of power between the states and the national government in two important ways.

federal government: Article 1 Section 8: Necessary and proper clause stated

-the bank was an appropriate instrument that enabled the national government to carry out several of its enumerated powers, such as regulating interstate commerce, collecting taxes, and borrowing money

District Attorney

-the chief prosecuting officer for the district court -represents the state in criminal cases -works with law enforcement to investigate and prepare criminal cases -determines whether an alleged criminal offense should be brought before the grand jury.

early federal government: Gibbons v. Ogden (1824)

-the court had to interpret the commerce clause of Article I, Section 8 *specifically, it had to determine whether the federal government had the sole authority to regulate the licensing of steamboats operating between New York and New Jersey -Chief Justice Marshall delivered a two-part ruling in favor of Gibbons that strengthened the power of the national government.

early federal government: election of Abraham Lincoln

-the election of President ______ in 1860 led eleven southern states to secede from the United States because they believed the new president would challenge the institution of slavery - issued the Emancipation Proclamation in 1863

Articles of Confederation

-the first constitution of the United States -states were sovereign and powerful while the national government was subordinate and weak. -Because states were reluctant to give up any of their power, the national government lacked authority in the face of challenges such as servicing the war debt, ending commercial disputes among states, negotiating trade agreements with other countries, and addressing popular uprisings that were sweeping the country. -As the brief American experience with confederation clearly shows, the main drawback with this system of government is that it maximizes regional self-rule at the expense of effective national governance.

district clerk

-the official custodian of court documents in cases heard in district courts -record keeper

New Federalism/devolution: Ronald Reagan: devolution revolution

-the president pledged to return authority to the states according to the Constitution -Note: ________terminated general revenue sharing in 1986

democratic systems

-unitary -confederation -federalism

mayor-council system: two types

-weak mayor form -strong mayor form

Aaron Ogden and Thomas Gibbons

A_____ had obtained an exclusive license from New York State to operate steamboat ferries between New York City and New Jersey *sued G____, who was operating ferries along the same route under a coasting license issued by the federal government -Gibbons lost in New York state courts and appealed.

Federal Government: in the constitution

Some powers delineate the scope of national and state power, while others restrict it.

nullification argument: Force Bill in 1833

authorizing President Jackson to use military force against states that challenged federal tariff laws.

New Federalism/devolution: US V. Lopez: Gun-Free School Zones Act

banned gun possession in school zones

election of Abraham Lincoln: Emancipation Proclamation in 1863

freeing all slaves in the rebellious states.

federal government: commerce clause

which empowers the federal government to regulate interstate economic transactions.

federal government: Article 1 Section 8

•Enumerated powers •Necessary and proper clause •Elastic clause •Implied powers

early federalism

•McCulloch v. Maryland (1819) •Gibbons v. Ogden (1824) •Nullification arguments •Republicans formed out of Whigs and abolitionist movement in 1850s •Dred Scott v. Sanford (1857) •Lincoln wins in 1860 •Civil War

council manager system: city governace

•Primary service provider for residents •Sanitation •Police •Fire •Parks Planning and zoning

Controversies with Federalism: current

•Some states have nondiscrimination laws that cover LGBT+ people •Some proprietors say the U.S. Constitution protects their rights to refuse service on religious grounds •Currently unresolved - Arlene's Flowers case, Masterpiece Cakeshop case