gov 1 exam review

Identify & explain the First Amendment rights: religion (establishment clause)

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The establishment clause: the 1st Amendment clause says "Congress shall make no law respecting an establishment of religion" -One view is that it prevents government from establishing an official church, this interpretation reflects views of many of First Amendment's authors -A second view is that government cannot favor one religion over another, it is not prohibited from providing funds to religious institutions, but funding or other assistance can't show favoritism -Final view is that there must be a "wall of separation" between church and state -disputes over what it means

Discuss who the framers were—background, occupations, motives etc.

-All wealthy white males: most young, half slave owners, relatively educated property owners, New England merchants and southern planters -No Native Americans, no women, no slaves -Social motives: maintain social order which benefited them -*Economic motives*=Charles Beard and followers: maintain property rights which benefited them, wanted money for themselves but... did not all hope to profit personally from an increase in the value of their securities -Economic interests: delegate sought to create a new government that promoted commerce and protect property from radical state legislatures and populist forces hostile to the commercial and propertied classes. -Political principles: embodied leading theories on limited government (gives us freedom, can't infringe on rights), separation of powers (three branches), and individual liberty -breaking the power of their radical foes and establishing a system of government more compatible with their long-term economic and political interests

Discuss the arguments of the Federalists & Anti-Federalists - overall

-Federalists: -Favored a stronger national government *wealthy people* with divided powers to prevent tyranny of majority -Alexander Hamilton, James Madison, John Jay wrote "Federalist Papers", a series of essays, under pseudonym to argue for their cause -United in support for Constitution -elites most fit to govern, feared excessive democracy -property owners, creditors, merchants Antifederalists: -Favored strong state government and a weak more decentralized national government, wanted Bill of Rights, gov should be closer to people -Were divided over possible alternatives to Constitution -Patrick Henry, George Mason, etc. -farmers, debtors, shopkeepers

the great compromise

-The Connecticut (or Great) Compromise bridged the Virginia Plan and the New Jersey Plan -The Great Compromise created a bicameral legislature: The House: representatives apportioned by population in the state, in favor of large states Senate: equal representation for all states regardless of population, in favor of small states

Identify at least 3 reasons why the Articles of Confederation failed

-Weak central government (main reason): no President, only a legislature, Members of Congress were chosen and paid by states (1 per state), states carried out laws and taxes -Impractical government: each state had one vote regardless of population size (angered small states), all 13 states had to agree to make amendments -No national army or navy to protect citizens- only state militias, from foreign and local invasion -National government had no taxing authority- no revenue for army -National government could not stop a state from competing with other states for foreign commerce (states could have monopolies), colonies had own currency which devalued national currency -under Articles, they were unable to enforce treaties: A new treaty was needed with the British to cover the disputes left over from the war, British government stated it would negotiate with all 13 states separately (lack of national identity), gov could pick and choose alliances -no federal court (judicial branch)

Identify & explain the First Amendment rights- speech (strict scrutiny), why is it important, political speech, other kinds

1st amendment- Most consistently protected of all forms of speech Supreme Court established Strict scrutiny: courts must establish "compelling reasons" for limitations Protection extends to actions expressing political ideas -Democracy depends on the ability of individuals to talk to one another and to disseminate information. It is difficult to conceive how democratic politics could function without free and open debate. Such debate, moreover, is seen as an essential way to evaluate competing ideas,the form of greatest concern to the framers of the Constitution -Since the 1920s, political speech has been consistently protected by the courts even when judges acknowledged that the speech was "insulting" or "outrageous." -protection of campaigns -The First Amendment protects a variety of other kinds of speech: Symbolic speech, Speech plus

most common method of amending the constitution

2/3 votes passed by Congress, 3/4 states ratify

selective incorporation

A 1937 case established the principle of selective incorporation: provisions of Bill of Rights could be selectively applied as limits on states through 14th Amendment (process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments) -Palko case

what led to the Bill of Rights

A third set of limitations, the Bill of Rights, was added to the Constitution in the form of 10 amendments proposed by the first Congress and ratified by the states. Most of the framers had thought a Bill of Rights unnecessary but accepted the idea during the ratification debates after the new Constitution was submitted to the states for approval. Almost immediately after the Constitution was ratified, a movement arose to adopt a national bill of rights (anifederalists). It originated with opponents to the Constitution. Antifederalists, most of whom had not been delegates in Philadelphia, argued that the lack of a bill of rights was a major imperfection. The Federalists realized that to gain ratification they would have to add a bill of rights, including a confirmation (in what would become the Tenth Amendment) that all powers not expressly delegated to the national government or explicitly prohibited to the states were reserved to the states. The House of Representatives approved 17 amendments; of these, the Senate accepted 12. Ten of the amendments were ratified by the necessary three-fourths of the states on December 15, 1791; from the start, these 10 were called the Bill of Rights

Why did the Antifederalists demand the Bill of Rights?

Antifederalists saw potential for government abuse of power without bill of rights, argued that the lack of a bill of rights was a major imperfection, wanted to limit the governments power and ensure citizens' liberty, necessary to prevent the central government from threatening states' authority and oppressing citizens. The resulting Bill of Rights seen as defining the private sphere of personal liberty Civil Liberties: areas of personal freedom constitutionally protected from government interferences, protect people from the government. Civil rights are protections of citizen equality by the government. The foundations of civil liberties and civil rights are to be found in the state and federal constitutions, which guarantee freedom of speech, freedom of the press, freedom of assembly, and so forth. The federal Constitution's Bill of Rights includes both liberties and rights

dual federalism- commerce clause

Article 1 Section 8, commerce clause enumerated power of Congress= Power to "regulate commerce with foreign nations, and among the several States and with Indian tribes", Though its scope initially was unclear, commerce clause would later form basis for expanding federal government control over economy Early Court decisions interpreted commerce clause in favor of national government (see other flashcard), see states rights

Explain what was created in the new Constitution—Article I

Article I- In Article 1, the Constitution provided for a Congress consisting of two chambers: the House of Representatives and the Senate who pass laws: -Different term lengths (two years in House- elected by people, six years in Senate- elected by state), staggered terms in the Senate were intended to make that body even more resistant to popular pressure -A Senate designed to guard against "excessive democracy": power of the House was checked by that of the Senate, whose members were to be appointed by the states for long terms rather than elected directly by the people for short ones -Senate alone given power to ratify treaties and approve presidential appointments (must be checked) -House given sole power to originate revenue bills -control federal appropriations, regulate interstate commerce, establish lower courts Section 8 of Article 1 lists powers of Congress -Collect taxes -Borrow money -Regulate commerce- get rid of monopolies, etc. -Declare war- President can't without consent of Congress -Maintain an army and navy -Expressed powers (listed): specific powers granted by Constitution to Congress and the president, there are 17 found in Article 1, Section 8, implied powers

right to privacy, how was it established, what is it? what were the 2 cases? where does it say this in the Constitution- trick question.. what have other states been doing?.

Birth control (planned parenthood): sphere of privacy as a constitutional principle was formally recognized in 1965, when the Court ruled that a Connecticut law forbidding the use of contraceptives (and even information about contraception) by married couples violated the right of marital privacy (Griswold v Connecticut) Right to be left alone from government interference in personal areas Not explicitly written in Constitution, but has been interpreted as part of Third, Fourth, and Fifth amendments, facilitated by Ninth Amendment -In a 1928 case, however, Supreme Court Justice Louis Brandeis argued in a dissent that the Fourth Amendment's provision for "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" should be extended to a more general principle of "privacy in the home." Abortion - banning abortion after six weeks in Texas: right to privacy was confirmed and extended in 1973 in a revolutionary Supreme Court decision: Roe v. Wade, which established a woman's right to seek an abortion. The decision prohibited states from making abortion a criminal act prior to the point in pregnancy at which the fetus becomes viable, over time... number of states have also imposed new restrictions, including lowering the viability standard, Georgia and several other states adopted "heartbeat" bills, prohibiting abortion if a physician could detect a fetal heartbeat, usually at about 6 weeks, In June 2020, the Supreme Court struck down an effort by Louisiana to restrict abortion rights. The coronavirus pandemic of 2020 offered opponents of abortion a new opportunity to limit the practice. Texas banned all abortions for the duration of the crisis as a public-health measure.

what led to the colonies seeking independence/AOC- boston tea party, boston massacre

Boston Tea Party -Disagreements between British and colonists over taxation continued -In 1773, the British government again took action with the Tea Act, which granted the East India Company a monopoly on imported tea, eliminating a lucrative trade for colonial businesses -The colonists, led by Samuel Adams, responded in protest, Disguised as Mohawk Indians, they boarded three British ships and They threw an entire cargo of tea into Boston Harbor - Parliament enacted a number of harsh reprisals that included closing the port of Boston to commerce, changing the colonial government of Massachusetts, removing accused persons to Britain for trial, and, most important, restricting colonists' movement to the west—further alienating the southern planters, who depended on access to new western lands. -These acts of repression further radicalized Americans, and set in motion a cycle of provocation and retaliation that resulted in Continental Congress, started drafting DOI Boston Massacre most respectable Bostonians supported the actions of the British soldiers involved in the Boston Massacre—the 1770 killing of five colonists by British soldiers who were attempting to repel an angry mob gathered outside the Town House, the seat of the colonial government. All but two of the soldiers were acquitted.

constitutional basis for federalism- supremacy clause, reserved powers (example), expressed/implied

Constitution affirmed power of national government in supremacy clause (Article VI) states the laws of Congress/treaties are the "supreme Law of the Land" When there is a conflict between national and state law, national law prevails, over any subdivision -binds all state and local as well as federal officials to take an oath to support the national Constitution. -the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of the State to the Contrary notwithstanding." Under this authority, the Supreme Court has frequently overturned state constitutional provisions or statutes, state court decisions, and local ordinances it finds in violation of rights or privileges guaranteed under the federal Constitution or federal statutes. Antifederalists fought for inclusion of Tenth Amendment which preserves a strong role for state government Tenth Amendment= reserved powers amendment/reservation clause Reserved powers: powers not specifically delegated to nat. Gov. or denied to state, reserved for states, big role in states' rights ex. The most fundamental power that states retain is coercion: power to develop and enforce criminal codes, to administer health and safety rules, regulate family via marriage and divorce laws. States exercise coercion through police power: power reserved to state government to regulate health, safety, and morals of its citizens Constitution gives two types of power to Congress, expressed and implied Expressed powers (listed): specific powers granted by Constitution to Congress and the president, there are 17 found in Article 1, Section 8 Implied powers: stem from necessary and proper clause or elastic clause of Constitution, gives Congress power to make all laws "necessary and proper" to carry out expressed powers, not specifically expressed but are implied through expansive interpretation of delegated powers

Explain what was created in the new Constitution—Article II -powers (9)

Constitution provided for establishment of a presidency in Article 2, president was official chosen by the Congress to preside over its sessions, commander in chief of armed forces, enforces/proposes laws Powers: Negotiate foreign treaties (with approval of Senate) Receive ambassadors from other countries Grant reprieves and pardons in federal court- unless impeached Appoint major departmental personnel Veto congressional enactments Convene Congress in special session Appoints justices and judges -hoped to create a presidency that would make the federal government rather than the states the agency capable of timely and decisive action to deal with national issues and problems. At the same time, however, they tried to help the presidency withstand excessively democratic pressures by establishing an electoral college through which to elect the president.

Explain what was created in the new Constitution—Article III -powers (4)

Constitution provided for establishment of judicial branch in Article 3, supreme judicial authority Powers: Includes Supreme Court of US to fix disputes= Has power to resolve conflicts between federal and state laws (determine whether a power is exclusive to the national government, exclusive to the states, or shared between the two) and assigned jurisdiction over controversies between citizens of different states Federal judges given lifetime appointments, protect them from political or public pressure and from interference by the other branches Supreme Court assumed power of judicial review (power to declare laws unconstitutional) over Congress and President, not in Constitution -reviews lower courts

fifth amendment- court related rights (3) and..

Covers court-related rights Right to a grand jury: determine whether sufficient evidence is available to justify a trial; they do not rule on accused's guilt or innocence -some states operate without grand juries. In such states, the prosecutor simply files a "bill of information" affirming that sufficient evidence is available to justify a trial. For the accused person to be held in custody, the prosecutor must persuade a judge that the evidence shows "probable cause Protection against double jeopardy: this protects a person from being tried twice for the same crime, if you are acquitted first time Palko case overruled "Miranda rights" and the Miranda rule (Miranda v Arizona- 1966): confessed to police that he assaulted woman, convicted, but was never read rights to remain silent, conviction overturned: Persons who are under arrest must be informed prior to police interrogation of their rights to remain silent and to have benefit of legal counsel, protected against self-incrimination, expanded the Fifth Amendment's protection against coerced confessions and self-incrimination and also confirmed the right to counsel "you have the right to remain silent.." Eminent domain: government can take private property for public use but must show a public purpose, government must also make a fair payment

sixth amendment (3) case?

Crucial for running fair trials Includes right to a speedy trial, right to confront witnesses before an impartial jury, right to counsel (Gideon v Wainwright - 1963- anyone facing imprisonment has right to an attorney, even if they are unable to afford one, florida only allowed for death penalty cases

Discuss the arguments of the Federalists & Anti-Federalists- three disagreeing issues

Disagreed over three issues: Representation -Federalists wanted people appointed, thought that those elected need not reflect their constituents, thought voters might choose those who had wisdom and experience to represent them, In their view, the size and diverse population of the entire nation made a truly representative form of government impossible. -Antifederalists fearful, want the people to be heard, to have people who had a true picture of the people, possessing the knowledge of their circumstances and wants, small republics=such as each of the existing states, whose people were relatively similar to one another. Tyranny -For the Antifederalists, the great danger was the tendency of republican governments to become gradually more and more "aristocratic," with members of the small group in authority using their positions to gain more and more power over other citizens. In essence, Antifederalists feared, the few would tyrannize the many. For this reason, they sharply criticized those features of the Constitution that created governmental institutions without direct responsibility to the people—such as the Senate, the presidency, and particularly the federal judiciary, with its lifetime appointments. -danger particularly associated with republican governments not as aristocracy but as tyranny over the few by the many. They feared that a popular majority, "united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens," would "trample on the rules of justice."18 From their perspective, those features of the Constitution that the Antifederalists attacked as potential sources of tyranny actually offered the best hope of preventing it. They saw the nation's size and diversity as further protection because these made it harder to unite a tyrannical majority. Government Power -Antifederalists favored limited government and proposed limiting and spelling out the powers granted to the national government in relation both to the states and to the people at large. To them, its powers ought to be "confined to certain defined national objects"19 so that it did not "swallow up all the power of the state governments." Antifederalists bitterly attacked the supremacy and elastic clauses of the Constitution as dangerous surrenders of power to the national government. They also demanded that a bill of rights be added to the Constitution to limit the government's power over the people. -Federalists such as Hamilton acknowledged the possibility that every power could be abused, but argued that the risk was worth taking in order to give the government the powers needed to achieve essential national goals. In addition, the risk of abuse would be minimized by the various checks and controls on power incorporated into the Constitution, The Federalists' concern with avoiding unwarranted limits on governmental power led them to oppose a bill of rights as unnecessary

Describe the different types of federalism—dual -time frame, what was it supposed to be, what actually happened -what did the national gov do, what did the states do, where did money come from

Dual federalism: system of government that prevailed in US from 1789 to 1937, refers to sharing of government powers between federal and state governments, lasted longest Under dual federalism, federal government was small, state had so much power It dealt primarily with assisting commerce, such as building roads, none of them directly coerced citizens. Emphasis was on promotion and encouragement- providing land or capital (national currency) needed for economic development state legislatures performed majority of governing over citizens' day to day lives (see chart) States handled economic regulations and other laws American capitalism took its form from state property and trespass laws, not a lot of economic regulation

due process

Due process of law refers to the right of every individual against arbitrary action by national or state governments Includes fourth, fifth, sixth, and eighth amendments

Explain the impact of the Supreme Court in G v O and M v M

Early Court decisions interpreted commerce clause in favor of national government (form the basis for expanding federal government control over the economy.). Supreme Court decided several critical cases that expanded federal powers when there was a conflict between the states and the federal government, removed interstate barriers to trade, and laid the groundwork for a national economy. These early decisions to expand federal power rested on a pro-national interpretation. -expanded and set precedent for power of federal government -Supreme Court issued a series of decisions that laid the groundwork for a much stronger federal government. Most significant was the Court's dramatic expansion of the commerce clause. By throwing out the old distinction between interstate and intrastate commerce, the Court converted the clause from a source of limitations to a source of power for the national government.

Virginia Plan (5)

Edmund Randolph proposed Virginia Plan (Madison): Large states- biased Central government with 3 branches; 2 house legislation (Congress had lots of power), second elected by first chamber Representation based on population in one house; other chosen nomination by states e. Texas keeps gaining representation (increased pop.) Power to select executive and judiciary -representation based on population of state/state revenue contribution to nat. gov

eighth amendment (3), including... elaborate on last condition, power of states, what was overturned and why? what did they do? what has happened over time? -timbs v indiana

Eighth Amendment prohibits: excessive bail, excessive fines, cruel and unusual punishment Death penalty is allowed but it requires due process, states decide whether to allow it, if execution is allowed, states determine method -In 1972 the Supreme Court overturned several state death penalty laws (unconstitutional), not because they were cruel and unusual but because they were being applied unevenly —that is, African Americans were much more likely than Whites to be sentenced to death, the poor more likely than the rich, and men more likely than women.Very soon after that decision, a majority of states revised their capital punishment provisions to meet the Court's standards -later overturned in 1976 -Most of those executions occurred in southern states, with Texas leading the way at 570. As of October 2020, 28 states had statutes providing for capital punishment for specified offenses, a policy supported by a majority of Americans, according to polls.62 On the other hand, 22 states bar the death penalty, and since the end of the 1990s, both the number of death sentences and the number of executions have declined annually -In recent years, the Court has declared that death was too harsh a penalty for the crime of rape of a child, prohibited the execution of a defendant with an IQ under 70 and of a youthful defendant, and invalidated a death sentence for an African American defendant after the prosecutor improperly excluded African Americans from the jury. In 2015, however, the Court upheld lethal injection as a mode of execution despite arguments that this form of execution was likely to cause considerable pain. -The Eighth Amendment also prohibits excessive fines. In the 2019 case of Timbs v. Indiana, the Supreme Court ruled that this prohibition applied to the states. In the Timbs case, the state confiscated Timbs's car after he was convicted of drug possession. The car was worth much more than the maximum possible fine Timbs could have received.

Equal Protection Clause

Equal protection (provision of 14th Amendment)- government must treat us equally, ex. equal access to ballot (used to have poll taxes, literacy tests, voter suppression etc.), civil rights guaranteed to each citizen "equal protection of the laws", launched a century o political and legal movements to press for racial equality, also basis for women and other groups 14th Amendment: "No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States nor shall any 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 law"

describe checks and balances for each branch of gov

Executive over legislative- *can veto acts of Congress*, call Congress into special session, carries out therefore interpreting laws passed by Congress, VP casts tie breaking vote in Senate Legislative over judicial- can change size of federal court system and number of supreme court justices, can propose constitutional amendments, can reject supreme court nominees, can impeach and remove federal judges Legislative over executive- can override president veto, can impeach and remove president, *can rejects president's appointments* and refuse to ratify treaties, can conduct investigations into president actions, can refuse to pass laws or provide funding for president Judicial over legislative- *can declare laws unconstitutional*, chief justice presides over Senate during hearing to impeach President Executive over judicial- nominates Supreme Court justices, nominates federal judges, can pardon those convicted in federal court, can refuse to enforce Court decisions Judicial over executive- can declare executive actions unconstitutional, power to issue warrants, chief justice presides over impeachment of president

constitutional basis for federalism- full faith and credit clause (marriage cases, acts), comity clause (aka?)

Full faith and credit clause, Article IV, Section I of Constitution: States are expected to honor public acts, records, and judicial decisions that take place in another state, forces states to acknowledge each others actions Marriage laws- controversy Loving v Virginia (1967)- interracial couple, no state can ban interracial marriage, Virginia would not acknowledge their marriage DOMA, Defense of Marriage Act 1996- only heterosexual marriages acknowledged United States v Windsor (2013) overturned DOMA- violates FFAC clause In 2015, the US Supreme Court issued a historic ruling in Obergefell v. Hodges- states can't discriminate with same sex marriages, must be recognized by all states, legal Comity clause- Comes from Article IV, Sec. 2 of Constitution Aka privileges and immunities clause, guarantees citizens enjoying "privileges and immunities" of one state should be entitled to similar treatment in other states, states can't discriminate against someone from other state or give own residents special privileges

gibbons v ogden

Gibbons v Ogden (1824): established supremacy of national government in all matters affecting interstate commerce (monopolies to Fulton Steam Company in New York and New Jersey) -Another major case, Gibbons v. Ogden (1824), reinforced this nationalistic interpretation of the Constitution. The issue was whether New York State could grant a monopoly to Robert Fulton's steamboat company to operate an exclusive service between New York and New Jersey. In arguing that the state lacked the power to do so, Chief Justice Marshall had to define what Article I, Section 8 meant by "commerce among the several states." He insisted that the definition was "comprehensive," extending to "every species of commercial intercourse." However, this comprehensiveness was limited "to that commerce which concerns more states than one." Gibbons is important because it established the supremacy of the national government in all matters affecting what later came to be called "interstate commerce."

Identify the origins of local government -powers (3)

Has no status in Constitution so local governments are subject to control by states (created by state constitutions) Most states give larger cities home rule- powers delegated by state to a local unit of government to manage its own affairs state governments could legally dissolve local governments or force multiple local governments to consolidate into one. some local governments have passed laws making policy on matters from minimum wage to public broadband, only to have state legislatures preempt, or remove, that authority.

Describe which philosophical influences were a part of ideas in the Constitution- Hobbes

Hobbes: social compact, inalienable rights, limited government -Leviathan or the Matter Forme and Power of a Commonwealth Ecclesiasticall and Civil: in a state of nature men and women were free to pursue and defend there own interests, which resulted in a state of war in which "the life of man" was "solitary, poor, nasty, brutish, and short.', To escape this warfare, individuals established government to secure the peace (consented to forming a government.) This idea is written into the preamble of the U.S. Constitution, when "We the People" establish a government to do things like "ensure domestic tranquility" and "promote the general welfare." -believed that all subjects of a government had the right to defend themselves against, and even overthrow, a government that no longer supported them, the Second Amendment to the Constitution, which states that a well regulated militia is necessary to the security of a free state, supports a Hobbesian view on self-defense. -All people were inherently equal, in the U.S. Constitution, the post-Civil War 14th Amendment explicitly forbids any state from depriving a person of life, liberty or property without due process of law. This enshrined Hobbesian ideas into U.S. government.

Describe the different types of federalism-regulated -result?

In 1970s, there was a move toward regulated federalism: a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards, With increased federal funding, federal government often demands higher standards and stricter uses for funds, As a result, state and local policies in environmental protection, social services, and education are more uniform from coast to coast than are other nationally funded policies.

why is the DOI a philosophical and political document

It is a philosophical document: certain rights are unalienable (life, liberty, pursuit of happiness) It is a political document: explains why colonists rebelled against Great Britain and sought self-government, focused on grievances, goals, and principles that might unify colonists with different interests along economic, regional, and philosophical lines, attempt to identify and put into words a set of principles to forge national unity

Describe which philosophical influences were a part of ideas in the Constitution- Locke -also: Paine, Montesquie, Roussea

John Locke and other philosophers influenced the founding generation and placed numerous limits on government to encourage freedom -"the second treatise of civil government" - shaped writing of Declaration of Independence -Freedoms include: speech, assembly, and conscience, freedom from arbitrary search and seizure -Police need a warrant to search, but can search if they have a good reason, no-knock warrants in recent years -he argued governments need consent of people, should protect natural rights of people- life, liberty, property, right to overthrow

nationalist vs states rights- federalism ... states rights -police power example, nullification, racial segregation (manifesto? case?)

Later in 19th century, national government tried to regulate commerce in areas such as fraud, product quality, and child labor Court declared these regulations unconstitutional (no authority, not interstate) To enter local workplaces was to exercise police power- a power reserved to the states The end of dual federalism was a blow to advocates of states' rights Former vice president John Calhoun argued for "nullification", proposed that states were not bound by federal laws that they considered to be unconstitutional, were angry about taxes and thought it would hurt slavery business, wanted to secede -the states did not have to obey federal laws that they believed exceeded the national government's constitutional authority. In 1950's, opponents of civil rights bought back concept of states' rights to defend racial segregation Southern Manifesto: declared southern states were not constitutionally bound by Supreme Court decision outlawing racial segregation, Brown v. Board- pushed back The slogan of "states' rights" became tarnished by its association with racial inequality

lemon test (3)

Lemon v Kurtzman (1971): created Lemon Test- guide for funding schools Must have secular purpose Must not advance or prohibit a religion Must not entangle government with religion

McCulloch v. Maryland

McCulloch v Maryland (1819): -involved the question of whether Congress could charter a national bank—an explicit grant of power nowhere to be found in Article I, Section 8.10 Chief --Justice John Marshall answered that this power could be "implied" from other powers expressly delegated to Congress, such as the power to regulate commerce. His decision rested on the necessary and proper clause of Article I, Section 8, which gave Congress the power to enact laws "necessary and proper" for carrying out its delegated powers. Marshall also concluded in McCulloch that any state law conflicting with a federal law is invalid since the Constitution states that "the Laws of the United States . . . shall be the supreme Law of the Land."

Know the difference between the different types of grants-in-aid (what are grants in aid)—categorical grants, block grants

New national programs (still active today) that FDR developed came through grants-in-aid Grants-in-aid: funding from federal government given to state and local governments (for programs) New Deal expanded grants-in-aid to include social programs and later expanded to school lunches and highway construction, resulted after economic collapse of stock market in 1929 & WW!, FDR types: Categorical grant: congressional grants given to states and localities on condition that expenditures be limited to a problem or group specified by law, favored by liberals block grants; federal grants-in-aid that allow states considerable discretion in how funds are spent, favored by conservatives

identify & explain the First Amendment rights-obscenity and pornography -television case -violence?

Pornography and obscenity are difficult to define Justice Brennan: speech or writing that appeals to the "prurient interest" Justice Potter Stewart wrote that pornography was impossible to define, "I know it when I see it" The Communications Decency Act (1996) tried to clarify obscenity in the online world, the battle against obscene speech has targeted online pornography, whose opponents argue that it should be banned because of the easy access children have to the internet.Supreme Court struck down the CDA, ruling that it suppressed speech that "adults have a constitutional right to receive" and that governments may not limit the adult population to messages fit for children. In 2008, however, the Court upheld the PROTECT Act, which outlawed efforts to sell child pornography via the internet. In 2000 the Court extended the highest degree of First Amendment protection to cable (not broadcast) television. In United States v. Playboy Entertainment Group, it struck down a portion of the 1996 Telecommunications Act that required cable TV companies to limit the availability of sexually explicit programming to late-night hours. Closely related to the issue of obscenity is the question of whether governments can prohibit broadcasts or publications considered excessively violent. Here, too, the Court has generally upheld freedom of speech.

Identify & explain the First Amendment rights-press -prior restraint (Near v Minnesota, NY Times v US), journalism, libel &slander (case?), internet content

Prior restraint: an effort by government to block publication of material it deems libelous or harmful, only allowed in extraordinary circumstances, censorship, courts forbid except under extraordinary circumstances Press has a lot of protection States have shield laws to protect journalistic sources Libel-hard to win a suit- and slander Press can be sued for statements made in "recklessly disregard of the truth" that are damaging to a victim because they are "malicious, scandalous, and defamatory" When written, such speech is libel; when it is spoken it is slander, must prove through the truth and prove they were meaning to cause harm -NY times v Sullivan- had to print deliberately Because in practice this charge is nearly impossible to prove, essentially the print media have become able to publish anything they want about a public figure. The emergence of the internet has pushed courts to decide whether libel laws apply to internet content, federal courts have generally absolved internet service providers from lawsuits over content posted by others

Shay's Rebellion

Represented failure of a strong enough army to protect from domestic invasion (proved the Articles of Confederation were too weak to protect the fledgling nation) - The winter following the Annapolis Convention, Daniel Shays, a former army captain, led a mob of debt-ridden farmers in an effort to prevent foreclosures on their land by keeping the county courts of western Massachusetts from sitting until after the next election. A militia organized by the state governor and funded by a group of prominent merchants dispersed the mob, but Shays and his followers then attempted to capture the federal arsenal at Springfield. Within a few days, the state government regained control and captured 14 of the rebels. Later that year, a newly elected Massachusetts legislature granted some of the farmers' demands. -The Congress under the Confederation had shown itself unable to act decisively in a time of crisis, providing critics of the Articles with precisely the evidence they needed to push the Annapolis resolution through the Congress. Thus, the states were asked to send representatives to Philadelphia to discuss constitutional revision.

right to privacy- sexual activity (2 cases?) and what else has the Court done to help?, eminent domain- what is the clause called

Sexual Activity- lawrence v texas, bowers v harwick, In the last three decades, the right to be left alone began to include the privacy rights of people in the LGBTQ community. In the 1986 case of Bowers v. Hardwick the Court ruled in favor of a state anti-sodomy law, Lawrence v texas- gay people are "entitled to respect for their private lives" as a matter of constitutional due process and that "the State cannot demean their existence or control their destiny by making their private sexual conduct a crime." In 2015 the Court took another important step in the protection of gay rights by declaring that state bans on same-sex marriage were unconstitutional because they violated the Fourteenth Amendment's equal protection and due process clause, Court ruled that the 1964 Civil Rights Act prohibited employment discrimination based on sexual orientation, just as it prohibited employment discrimination based on race and gender Right to privacy matters such as : Eminent domain (right of government to take private property for public use):Fifth Amendment, through the "takings clause," regulates that power by requiring that the government show a public purpose and provide fair payment for the taking of someone's property

nationalist vs states rights- federalism ... states rights- devolution, block grants-Reagan, &politics (also national)

Since 1970's, devolution has been increasingly popular idea Devolution refers to transferring of responsibility for policy from federal government to state or local governments Proponents argue that it allows states to be innovators and experimenters of policy -block grants President Reagan looked to block grants to turn more power to states, but, unlike Nixon, also did so in an effort to cut federal spending The Republican controlled Congress that was elected in 1994 continued to support block grants to cut federal spending Conservatives, who claim to favor a small, federal government have sometimes expanded it Under President George W. Bush: USA Patriot Act (gov can get into out phones, we were fine with it), No Child Left Behind Act Conservatives tend to favor states' rights on Education and Social policy but favor federal power on national security and immigration issues Liberals tend to support a strong national government Civil Rights and Environmental Policies but favor states' rights on climate change and undocumented immigrants Positions can change based on partisan policies

first amendment- speech -high bar? where is it a problem? hate speech and examples, Dennis v US social media

Speech can lose protection if it directly incites conflict through the use of fighting words: directly incites physical conflict/damaging conduct, offensive language in public, Dennis v US Most convictions based on fighting words or on hate speech have subsequently been overturned as it is a very high bar This had been a particularly pressing issue on college campuses, where the needs of public safety are balanced against the rights of speakers to air controversial opinions Examples: Proud Boys' founder Gavin McInnes, Milo Yiannopoulos -social media-Today, the ability to post messages on social media platforms like Facebook is critically important to those who want to disseminate their ideas. In 2019, Facebook announced a change in its terms-of-service agreement designed to prevent users from posting hateful commentary and claims.

symbolic speech

Symbolic speech- peaceful actions designed to send a political message like wearing a balck armband- is protected, burning US flag

what led to the colonies seeking independence/AOC- taxation -Acts -who was affected the most? what did they do? what was the result?

Taxation The British government accumulated debt from waging the French and Indian War and Britain had to continue to spend money to protect the colonies -Great Britain sought to extract revenue from the colonists by placing taxes on commerce: The Sugar Act of 1764: taxed sugar, molasses, and other commodities, angered merchants, farmers, etc., The Stamp Act of 1765: required printed materials to have a stamp, hurt merchants and royalists, they claimed "No taxation without representation" (have to pay taxes, but have no say in Parliament) -The new taxes largely affected two groups: New England merchants and southern planters, The merchants and planters joined shopkeepers, laborers, artisans, and small farmers to boycott British goods, merchants and planters were anxious to end the unrest but others continued to agitate for change

Discuss the 2nd Amendment (2 cases)

The 2nd Amendment right to bear arms applies to state and localities, gov can't infringe Laws cannot ban possession of a firearm in a home Mcdonald v Chicago (2010): the court ruled that states cannot ban ownership of a firearm in a person's home, but can regulate where you bring it State and local governments can regulate firearms, this includes periods, registration, types of arms allowed, and other aspects related to access, debates over different gun laws -included in the Bill of Rights to provide for "well-regulated" militias, which were called up to maintain local public order and national defense and to enforce the "security of a free State." Militias were a military or police resource composed of part-time citizen-soldiers for the state and national governments and were distinguished from professional armies, which came within the sole constitutional jurisdiction of Congress. In District of Columbia v. Heller, the Court struck down a strict Washington, D.C., law that banned handguns. It ruled 5-4 that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense

fourth amendment- what was the case/rule for this one?

The 4th Amendment guarantees the security of citizens against unreasonable (improper) searches and seizures: Exclusionary rule: the ability of courts to exclude illegally obtained evidence (while looking for something else- like looking for fugitive) (Mapp v Ohio, 1961), police can arrest if you are commiting a crime during that time, even people who are clearly guilty of the crime of which they are accused cannot be convicted if the only evidence for their conviction was obtained illegally. In recent years, however, the Supreme Court has softened the application of the exclusionary rule

what led to the colonies seeking independence/AOC- different interests

The American Revolution was an outgrowth of the struggle among different interests within the colonies (New England merchants, Southern planters Royalists (holders of royal lands, offices, and patents)- The "middling stratum" (shopkeepers, artisans, and laborers ex.slaves), Small farmers) -these groups differed over issues of taxation, trade, and commerce. The merchants, planters, and royalists—that is, the colonial elite—maintained a political alliance that held in check the more radical forces representing the other two groups. After 1760, however, British tax and trade policies split the elite, enhancing the radicals' political influence and setting off a chain of events that culminated in the American Revolution.

freedom of religion- free exercise clause (3 cases) - 2 over education, 1 over corporation

The free exercise clause: 1st Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses -Free exercise of religion clause established right to personal belief -Protects right to practice whatever religion one chooses including right to be a nonbeliever ex. West Virginia State Board of Education v Barnette (1943): Court upheld right of children of Jehovah's Witnesses to refuse to salute and pledge allegiance to flag on grounds their religious faith does not permit it -Engle v Vitale (1962): reciting prayers in school is unconstitutional, Lemon Test, Burwell v Hobby Lobby Stores (2014): court found government cannot compel a closely held business to provide birth control for employees against owners' religious belief, Louisiana and Covid

Describe the different types of federalism-cooperative -preemption, 1970's? Republicans?

The growth of categorical grants created a new kind of federalism called cooperative federalism, national gov is more involved A type of federalism existing since New Deal era in which grants in aid have been used strategically to encourage states and localities to pursue nationally defined goals States did not like this -intergovernmental cooperation and sharing have blurred a once-clear distinguishing line, making it difficult to say where the national government ends and the state and local governments begin National standards require federal government to take over areas of regulation when their standards are less strict or otherwise inconsistent with federal ones. Preemption is the principle that allows national government to override state and local actions in certain policy areas Occurs when state or local actions do not agree with national requirements -In the 1970s, such preemptions required the states to abide by tougher federal rules in areas including air and water pollution, occupational health and safety, and access for the disabled. The regulated industries often opposed preemptions because they increased the cost of doing business. After 1994, however, when Republicans took control of Congress, the federal government used its preemption power to limit the ability of states to tax and regulate industry.

nationalist vs states rights- federalism.. nationalists(8) vs states(8) POV

The nationalist position is that the people, not the states, created the national government and that its power should be expanded to carry out the people's will. -unitary system -implied powers -commerce clause (McCulloch v Maryland, Gibbons v Ogden) -Great Depression era and cooperative federalism -federal aid -preemption -regulated federalism -New Federalism VS -supported power being split between state and federal gov -anti-elastic clause and supremacy clause, full faith and credit clause -pro reserved powers, police powers -priveleges and immunities -power over local gov -pro dual federalism, block grants -anti all things above, opposed unfunded mandates

Identify & explain the First Amendment rights-school speech (case?), commercial speech (FTC, change over time)

The speech of high school students in public schools is conditionally protected, For example, school punishment is permissible for sexually suggestive speech=Morse v Frederick (2007)- the Court ruled a school could suspend a student for carrying a banner that read "Bong Hits 4 Jesus" Commercial speech, such as newspaper or television advertisements, was initially considered to be entirely outside the protection of the First Amendment and is still subject to limited regulation. For example, the Federal Trade Commission's prohibition of false and misleading advertising. The Supreme Court has upheld city ordinances prohibiting the posting of all commercial signs on publicly owned property. However, commercial speech has become more protected under the First Amendment. For example, in 1975 the Supreme Court struck down a state law making it a misdemeanor to sell or circulate newspapers encouraging abortions; the Court ruled that the statute infringed both on constitutionally protected speech and on readers' right to make informed choices.

fourth amendment- case?, drug testing/dogs -Maryland v King, Riley v California?

United States v Jones (2012): ruled that prosecutors could not attach a GPS device to a vehicle to secretly monitor a suspect Mandatory drug testing also falls under Fourth Amendment (permitted in some cases) as does the use of drug sniffing dogs (requires consent or a warrant), Court is beginning to consider limits on the war against drugs in Maryland v. King, the Court upheld DNA testing of arrestees without the need for individualized suspicion. In the 2014 case of Riley v. California, the Court held that the police were constitutionally prohibited from seizing a cell phone and searching its digital contents during an arrest.

New Jersey Plan (4)

William Paterson proposed the New Jersey Plan: Small states (less population)- Delaware, NJ, Connecticut, NY Weak central government One house legislature with reps chosen by state legislature Gave Congress power to raise revenue -thought large states would dominate gov if due to population, wanted equal state representation regardless of pop.

interstate compact

a contractual arrangement made between two or more states in which the assigned parties agree on a specific policy issue and either adopt a set of standards or cooperate with one another on a particular regional or national matter

unfunded mandate

a low or regulation requiring a state or local govt to perform certain actions without providing funding for fulfilling the requirement

Define federalism and explain why we have it (7)

a system of government in which power is divided, by a constitution, between central government and regional governments -to prevent central gov from becoming too powerful, helps guide who does what and who has what power, safeguards states, division of power, more say for citizens to be heard and increased citizen participation in levels of government, more efficient -Competition is encouraged among states to attract individuals and businesses to maximize the efficiency of government services, provides jobs, property taxes pay for schools -a key characteristic is the division of labor across levels of government, this makes intergovernmental relations one of the most characteristic aspects of American government -allows for policy experimentation and innovation (laboratories of democracy)

confederation

a system of government in which states retain sovereign authority except for powers expressly delegated to national government ex. Articles of Confederation

3/5th Compromise

agreement reached at the Constitutional Convention of 1787 To agree on the new Constitution, the northern and southern states needed to reach a compromise (North did not slaves, South did, South would get more representation) -Were they to be counted as part of a state's population even though they were not citizens, thereby giving southern states increased representation in the House? -Most delegates from northern states opposed counting the population of enslaved people in the apportionment of congressional seats, although this did not necessarily mean they opposed slavery itself...if enslaved people were counted for this purpose, other forms of property should be as well. -pitted the southern planters against the New England merchants at the convention and would almost destroy the Republic in later years The Three-Fifths Compromise: seats in the House were apportioned by "population", according to which five enslaved people would count as three free persons -morality was not what caused individual framers to support or oppose the Three-Fifths Compromise. Indeed, to keep the South in the Union, northerners even allowed the slave trade to continue

what led to the articles of confederation being created

all of the events that made the colonies want independence In 1776, the Second Continental Congress appointed a group to draft a statement of independence (Draft committee included Thomas Jefferson of Virginia, Benjamin Franklin of Pennsylvania, Roger Sherman of Connecticut, John Adams of Massachusetts, Robert Livingston of New York) Committees of Correspondence- gain momentum for breaking away, convincing others and getting support After declaring independence, the Continental Congress adopted the Articles of Confederation (one main author was Ben Franklin, John Dickinson) The colonies knew they needed some form of official government that united the thirteen colonies. They wanted to have written down rules that all the states agreed to

Explain which parts are undemocratic in Constitution (5)

appointment of Senators by state -prevention of excess democracy (when the people have too much power): staggered terms in office includes Bicameral legislature: assembly composed by two chambers Checks and balances: mechanisms through which each branch of government can participate in and influence activities of other branches, Each branch is given not only its own powers but also some power over the other two branches. electoral college-Selection of president through an electoral college- balances power of popular vote, prevents democratic pressure

concurrent powers

authority possessed by both state and national governments Concurrent- take private property for public purposes, paying just compensation inreturn, charter banks and corporations, make and enforce laws, take measure for public health, safety, and morals, establish courts, borrow money, and tax, regulate commerce and economy, grant or deny licenses to engage in a business or practice a trade, regulate the quality of products or the conditions of labor.

unitary system

central government controls all subunit governments (states, regions, localities) ex. Japan and France (a centralized government system in which lower levels of government have little power independent of the national government, must follow decisions of nat. gov) -unitary systems of government are much more common than federal systems

speech plus -Hague v Committee for Industrial Organizations

combined speech with a physical activity such as picketing, distributing leaflets, or peaceful demonstration, assembly is largely protected, though government limits may place limits to ensure public safety/health/rights as long as they do not discriminate, this only extends to such speech on public property; similar actions on private property can be regulated -Hague v Committee for Industrial Organizations:the Supreme Court ruled that banning a group of citizens from holding political meetings in a public place violated the group's freedom to assemble under the First Amendment. The case helped set the precedent for what is now known as the public forum doctrine, a tool used by courts to determine the constitutionality of speech restrictions implemented on government property, when it secured the right of access to public places for citizens engaging in free speech and free assembly.

Explain which parts are democratic in the Constitution (6)

election of Representatives, voting (majority rule) To make sure the government does not infringe on citizens' rights... Bill of Rights: To create broad support for the Constitution, the framers promised to add a Bill of Rights to ensure citizen liberty, Restraint of federal government from threatening citizens' liberty Separation of powers: division of governmental power among several institutions, must cooperate in decision making Federalism: system of government in which power is divided between central and regional governments Term limits

tyranny

oppressive government that employs cruel and unjust use of power and authority ex. tyranny of majority/minority

progressive federalism

provides states with greater control over issues previously reserved for federal gov, what Obama used to let states decide marijuana policy

enumerated powers

specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)- national government -see article 1 and article 2

Confederation

system of government in which sovereign states have more authority and central government is weak i.e. Articles of Confedration

barron v baltimore significance

the Bill of Rights was limited only to actions of federal government not state governments This meant that the actions of state governments were restricted only by their own state constitutions as interpreted by their own courts however... it became nationalized over time

elastic clause/necessary and proper clause

the concluding paragraph of Article I, Section 8, of the Constitution (also known as the "necessary and proper clause"), which provides Congress with the authority to make all laws "necessary and proper" to carry out its enumerated powers ex. chartering of Bank -expressed powers could be broadly interpreted and were meant to be a source of strength to the national government, not a limitation on it

significance of ninth amendment

the provision of the Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. -means the act of listing certain rights in the Constitution doesn't mean other, unlisted rights are denied. -allowed for right of privacy