Political Science 1AC: Introduction to American Politics and Government Midterm Study Guide

Lakukan tugas rumah & ujian kamu dengan baik sekarang menggunakan Quizwiz!

Australian Ballot

Australian ballot, also called secret ballot, the system of voting in which voters mark their choices in privacy on uniform ballots printed and distributed by the government or designate their choices by some other secret means. Victoria and South Australia were the first states to introduce secrecy of the ballot (1856), and for that reason the secret ballot is referred to as the Australian ballot. The system spread to Europe and the United States to meet the growing public and parliamentary demand for protection of voters. The means for securing secrecy vary considerably.

David Robert: "Why Tech Nerds Don't Understand Politics."

"Politics is one area where the general science/tech nerd ethos has not exactly covered itself in glory.... And it's a shame, because if tech nerds want to change the world — as they say with numbing frequency that they do — they need to figure out politics, the same way they're figuring out solar power or artificial intelligence, in a ground-up, no-preconceptions kind of way...a distaste for government and politics. Sometimes this shades over into ideological libertarianism (see:Peter Thiel, who wants to build a floating libertarian city), but often it's just a sense that government is big, bloated, slow-moving, and inefficient, that politicians are dimwits and panderers, and that real progress comes from private innovation, not government mandates. None of which is facially unreasonable.The key thing to understand about independents is that they generally vote like partisans.... If the plus ultra of rational thinking is switching between parties, splitting votes from election to election, then there are very few rational voters in America. (You can decide for yourself how plausible that seems.) ....the most myth-encrusted phenomenon in US politics is the "moderate." The popular conception of moderates is that they gravitate toward the political center, splitting the difference between the mainstream positions of the two parties. If that's a moderate, then America doesn't have many of those either. In fact, the relative prevalence of moderates in popular polling is almost certainly a statistical artifact.....More engaged voters will tend to follow the lead and adopt the positions of party leaders...A voter with deeply informed, mildly center-left positions will code as "more partisan" than a moderate who has ill-informed positions that are all over the map, but that doesn't mean the moderate is more centrist or more rational. Third, in practical coalitional politics, the "center" will tend to be shaped not by rational thinking but by money and power. If there is any space left for bipartisanship in US politics, it is around measures that benefit corporate elites."

Literacy Tests

A literacy test assesses a person's literacy skills: their ability to read and write. Literacy tests have been administered by various governments to immigrants, and in the United States between the 1850s and 1960s, literacy tests were also administered to prospective voters and used to disenfranchise racial minorities. From the 1890s to the 1960s, many state governments in the Southern United States administered literacy tests to prospective voters purportedly to test their literacy in order to vote. In practice, these tests were intended to disenfranchise racial minorities. Southern state legislatures employed literacy tests as part of the voter registration process starting in the late 19th century. Literacy tests, along with poll taxes and extra-legal intimidation, were used to deny suffrage to African Americans. The first formal voter literacy tests were introduced in 1890. At first, whites were generally exempted from the literacy test if they could meet alternate requirements that in practice excluded blacks, such as a grandfather clause or a finding of "good moral character." In Lassiter v. Northampton County Board of Elections (1959), the U.S. Supreme Court held that literacy tests were not necessarily violations of Equal Protection Clause of the Fourteenth Amendment nor of the Fifteenth Amendment. Southern states abandoned the literacy test only when forced to do so by federal legislation in the 1960s. The Civil Rights Act of 1964 provided that literacy tests used as a qualification for voting in federal elections be administered wholly in writing and only to persons who had completed six years of formal education. In part to curtail the use of literacy tests, Congress enacted the Voting Rights Act of 1965. The Act prohibited jurisdictions from administering literacy tests to citizens who attained a sixth-grade education in an American school in which the predominant language was Spanish, such as schools in Puerto Rico. The Supreme Court upheld this provision in Katzenbach v. Morgan (1966). Although the Court had earlier held in Lassiter that literacy tests did not violate the Fourteenth Amendment, in Morgan the Court held that Congress could enforce Fourteenth Amendment rights—such as the right to vote—by prohibiting conduct it deemed to interfere with such rights, even if that conduct may not be independently unconstitutional. As originally enacted, the Voting Rights Act also suspended the use of literacy tests in all jurisdictions in which less than 50% of voting-age residents were registered as of November 1, 1964, or had voted in the 1964 presidential election. In 1970, Congress amended the Act and expanded the ban on literacy tests to the entire country. The Supreme Court then upheld the ban as constitutional in Oregon v. Mitchell (1970). The Court was deeply divided in this case, and a majority of justices did not agree on a rationale for the holding.

Party In The Electorate

A party in the electorate refers to people who vote for the candidates from one given party. Individuals belonging to a political party are known to be registered as members of the party, work for the party's candidate and identify with the party. A party in the electorate simply means a political outfit with which candidates, as well as their supporters, identify with. Generally, citizens who identify with a given party constitute the party in the electorate. Supporters of a particular party are characterized by the following: are registered members of that particular party and registered voters; they demonstrate tendency to vote for candidates from that preferred party in all or almost all elections; during survey, they identify themselves as supporters of the party; they are persuaded to support policies advanced by their preferred party; they take part in the campaigns, and turn out in large numbers for primaries more than the general public. Individuals who identify with a particular party are highly inclined to vote for their party's contestants for various positions. In the U.S., for example, those who regard themselves as strong Democrats or Republicans tend to demonstrate their loyalty in voting for their party nominees for office.

Primary Elections

A primary election is an election that narrows the field of candidates before a general election for office. Primary elections are one means by which a political party or a political alliance nominates candidates for an upcoming general election or by-election. Primaries are common in the United States, where their origins are traced to the progressive movement to take the power of candidate nomination from party leaders to the people. Other methods of selecting candidates include caucuses, conventions, and nomination meetings.

Fiscal Federalism

As a subfield of public economics, fiscal federalism is concerned with "understanding which functions and instruments are best centralized and which are best placed in the sphere of decentralized levels of government" (Oates, 1999). In other words, it is the study of how competencies (expenditure side) and fiscal instruments (revenue side) are allocated across different (vertical) layers of the administration. An important part of its subject matter is the system of transfer payments or grants by which a central government shares its revenues with lower levels of government. Federal governments use this power to enforce national rules and standards. There are two primary types of transfers, conditional and unconditional. A conditional transfer from a federal body to a province, or other territory, involves a certain set of conditions. If the lower level of government is to receive this type of transfer, it must agree to the spending instructions of the federal government. An example of this would be the Canada Health Transfer. An unconditional grant is usually a cash or tax point transfer, with no spending instructions. An example of this would be a federal equalization transfer. This may be noted that the concept of fiscal federalism is relevant for all kinds of government: unitary, federal and confederal. The concept of fiscal federalism is not to be associated with fiscal decentralization in officially declared federations only; it is applicable even to non-federal states (having no formal federal constitutional arrangement) in the sense that they encompass different levels of government which have de facto decision-making authority. This, however, does not mean that all forms of governments are 'fiscally' federal, only that 'fiscal federalism' is a set of principles that can be applied to all countries attempting 'fiscal decentralization'. In fact, fiscal federalism is a general normative framework for assignment of functions to the different levels of government and appropriate fiscal instruments for carrying out these functions. In 2017, Governor of Rivers State of Nigeria, Ezenwo Nyesom Wike said that he believes true fiscal federalism will "strengthen the economy of his country as all sections will develop based on their comparative advantages". These questions arise: (a) how are federal and non-federal countries different with respect to 'fiscal federalism' or 'fiscal decentralization', and (b) how are fiscal federalism and fiscal decentralization related (similar or different)? Chanchal Kumar Sharma clarifies that while "fiscal federalism constitutes a set of guiding principles, a guiding concept" that helps in designing financial relations between the national and subnational levels of the government, "fiscal decentralization on the other hand is a process of applying such principles". Federal and non-federal countries differ in the manner in which such principles are applied. Application differs because unitary and federal governments differ in their political and legislative context and thus provide different opportunities for fiscal decentralization.

Polarization in Congress

As political scientists have shown, political polarization has several important implications for the United States Congress. First, polarization increases gridlock in Congress and lowers the number of moderates in Congress, which limits the amount of legislation passed, decreases bipartisanship and can lead to policy inaction. Second, scholars have shown that polarization incentivizes members of Congress to use stall tactics and restrictive rules. Polarization has negatively influenced the proceedings of Congress by giving rise to an increase in the use of closed rules on the floor, such as limiting amendments, excluding minority party members from committee deliberations and increased use of the hold on executive and judicial appointments and the filibuster on non-contentious policy issues. Third, by hampering the policymaking process, polarization lowers the quality of legislation that is passed. Partisan tactics motivated by polarization decrease transparency, reduce oversight, restrict the ability of the government to deal with long-term domestic issues, especially those that require changing the distribution of benefits and can lead to poor legislation. That being said, other aspects of the political environment, such as hurried action after a national emergency or the influence of money and interest groups, can also lead to poor legislation. Much of the scholarship on polarization has shown that political polarization leads to less deliberation and cooperation as well as an increase in partisan animosity as the majority party tries to expedite the legislative process in order to pass its agenda.[60] The overarching consequence of a legislative process prolonged by polarized strategies is that there is less coordination between political parties as well as between the House of Representatives and the United States Senate. This limits progress and results in less legislation being passed. However, some scholars contend that political polarization is not prominent in every legislative matter and does not influence all policy decisions. According to some political scientists, partisan agreement has been the historical trend in Congress and many bills are passed with bipartisan support in the modern era, including ones of political importance. Some studies have shown that approximately 80% of House bills passed in the modern era have had support from both parties.

Brown versus Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education. Handed down on May 17, 1954, the Warren Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and was a major victory of the Civil Rights Movement, and a model for many future impact litigation cases. However, the decision's fourteen pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II, 349 U.S. 294 (1955) only ordered states to desegregate "with all deliberate speed".

Shared Federalism

Cooperative federalism, also known as marble-cake federalism, is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the dual federalism of the 19th-century United States) or clashing over a policy in a system dominated by the national government.

Medicaid Expansion Under The ACA (Obamacare)

Coverage: Studies show that Medicaid expansion results in significant coverage gains and reductions in uninsured rates, both among the low-income population broadly and within specific vulnerable populations. Access to care, utilization, affordability, and health outcomes: Most research demonstrates that Medicaid expansion positively impacts access to care, utilization of services, the affordability of care, and financial security among the low-income population. Studies have also shown improved self-reported health following expansion, but additional research is needed to determine effects on health outcomes. Economic measures: Analyses find positive effects of expansion on multiple economic outcomes, despite Medicaid enrollment growth initially exceeding projections in many states. Studies also show that Medicaid expansions result in reductions in uncompensated care costs for hospitals and clinics as well as positive or neutral effects on employment and the labor market. As the Trump Administration and Congress debate ACA repeal and replacement, gains in coverage and access as well as economic benefits to states and providers are at stake if the Medicaid expansion is repealed.

Skocpol and Hertel-Fernandez: "How the right trounced liberals in the states."

Democrats create an ALEC-killer," declared the November 9, 2014, Politico headline. "Chastened by the conservative movement's startling success at using national money to dominate state legislatures," explained reporter Kenneth P. Vogel, "liberal activists" were asking progressive donors to provide a total of up to $10 million a year to finance a new State Innovation Exchange—dubbed "SiX"—to compete with well-financed right-leaning groups like the American Legislative Exchange Council (ALEC) that "for years have dominated state policy battles, advancing pro-business, anti-regulation bills in state after state." State politics loom large for liberals. As Washington gridlock halts big new national initiatives, states are where the action (or inaction) is to be found on important liberal priorities ranging from legislative redistricting and boosting wages to addressing climate change and, of course, expanding Medicaid coverage for low-income people as part of the Affordable Care Act (ACA). But just as state-level action turns out to be crucial, the legislative terrain across much of the country looks downright disheartening for centrists and liberals alike. Building on huge electoral gains in state legislatures and governors' offices in 2010 and 2014, hard-line conservatives have wasted no time in passing state measures that gut labor protections and the ability of workers to organize, that eviscerate health and environmental regulations, cut spending on the poor, shrink taxes on business and the wealthy, and erect new voting restrictions that disproportionately affect young, low-income, and minority citizens. Radical policy changes, often undoing decades of progress on liberal issues, have not been limited to traditionally very conservative areas in the Deep South and inner West. "Purple" states in the upper South and once "blue" states in the Midwest have also been the sites of sharp rightward policy turns. Is the left now poised to shift the skewed balance of power in the states? Maybe so, but a lot depends on whether progressive organization-builders can figure out why previous efforts to organize cross-state policy networks have failed, and discover ways to fashion their own versions of successful right-wing strategies.

Dred Scott versus Sanford

Dred Scott v. Sandford, 60 U.S. 393 (1857), also known simply as the Dred Scott case, was a landmark decision by the United States Supreme Court on US labor law and constitutional law. It held that "a negro, whose ancestors were imported into [the U.S.], and sold as slaves", whether enslaved or free, could not be an American citizen and therefore had no standing to sue in federal court, and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. Dred Scott, an enslaved man of "the negro African race" who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 7-2 decision written by Chief Justice Roger B. Taney, the court denied Scott's request. The decision was, at the time, only the second time that the Supreme Court had ruled an Act of Congress to be unconstitutional. Although Taney hoped that his ruling would finally settle the slavery question, the decision immediately spurred vehement dissent from anti-slavery elements in the North. Many contemporary lawyers, and most modern legal scholars, consider the ruling regarding slavery in the territories to be dictum, not binding precedent. The decision proved to be an indirect catalyst for the American Civil War. It was functionally superseded by the Civil Rights Act of 1866 and by the Fourteenth Amendment to the United States Constitution, adopted in 1868, which gave African Americans full citizenship. The Supreme Court's decision in Dred Scott v. Sandford is unanimously denounced by scholars. Bernard Schwartz says it "stands first in any list of the worst Supreme Court decisions—Chief Justice C.E. Hughes called it the Court's greatest self-inflicted wound". Junius P. Rodriguez says it is "universally condemned as the U.S. Supreme Court's worst decision". Historian David Thomas Konig says it was "unquestionably, our court's worst decision ever".

Dual Federalism

Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. Dual federalism is defined in contrast to cooperative federalism ("marble-cake federalism"), in which federal and state governments collaborate on policy.

Federalism

Federalism is the mixed or compound mode of government, combining a general government (the central or 'federal' government) with regional governments (provincial, state, cantonal, territorial or other sub-unit governments) in a single political system. Its distinctive feature, exemplified in the founding example of modern federalism of the United States of America under the Constitution of 1787, is a relationship of parity between the two levels of government established. It can thus be defined as a form of government in which there is a division of powers between two levels of government of equal status. Federalism differs from confederalism, in which the general level of government is subordinate to the regional level, and from devolution within a unitary state, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Leading examples of the federation or federal state include the United States, Canada, Mexico, Brazil, Germany, Switzerland, Australia and India. Some also today characterize the European Union as the pioneering example of federalism in a multi-state setting, in a concept termed the federal union of states

Ways To Increase Incentives/Overcome For Collective Action

Government regulation: A government can declare it against the law to act selfishly and require individuals to cooperate. Private ownership: If someone owns a resource, then he or she can restrict access to it. Furthermore, it will be in his or her interest to prevent the resource from collapsing. Community mobilization: Groups of individuals can informally work together to foster cooperation.

Duverger's Law

In political science, Duverger's law holds that plurality-rule elections (such as first past the post) structured within single-member districts tend to favor a two-party system and that "the double ballot majority system and proportional representation tend to favor multipartism". The discovery of this tendency is attributed to Maurice Duverger, a French sociologist who observed the effect and recorded it in several papers published in the 1950s and 1960s. In the course of further research, other political scientists began calling the effect a "law" or principle. Duverger's law suggests a nexus or synthesis between a party system and an electoral system: a proportional representation (PR) system creates the electoral conditions necessary to foster party development while a plurality system marginalizes many smaller political parties, resulting in what is known as a two-party system. While a principle of political science, in practice most countries with plurality voting have more than two parties. While the United States is very much a two-party system, the United Kingdom, Canada and India have consistently had multiparty parliaments. Eric Dickson and Ken Scheve argue that there is a counter force to Duverger's Law, that on the national level a plurality system encourages two parties, but in the individual constituencies supermajorities will lead to the vote fracturing. Steven R. Reed has shown Duverger's Law to work in Japan and Italy; the "extension of Duverger's Law into Japanese case", as Gary W. Cox notes, resulting in Reed's identification of the M + 1 equilibrium.

Mike Konczal: "Local Vs National Solutions To Problems."

In politics, the country as a whole is either on the "right direction" or on the "wrong track," to use the standard polling categorization. People think that the tired cranky Boomers (mon semblable, mon frère) are behaving one way, and the Millennials another, and America is either coming on strong or going to hell, and that our universities are good and our K-12 system is bad. And we're all afraid of Ebola or ISIS, or obsessed by Obama and the midterms, and we've lost all social connection, or in other ways we are conforming to the simple categories that fit cable-news discussion shows or political speeches. Meanwhile the projects, ambitions, connections, and solutions we've seen time and again have shockingly little to do with what's covered in the talk shows or hammered home in political stump speeches. Rather, they have about as much connection as the lively, disparate, inspiring-and-discouraging realities of China's far-flung life had to do with the deliberations of the Standing Committee in Beijing. Obviously there are general trends and connections. Downtowns that are reviving themselves are learning from one another. So too with the "maker movement" or dispersed manufacturing, and many other trends. But the variety, the creativity, the local texture—of a math-and-science school in Mississippi, a refugee-resettlement center in South Dakota (or Vermont), a convict-hiring program in Michigan, a tidal-energy vision in Maine—these reflect something more than just the quaint regionalisms of the country or the crude red state/blue state division. Both in politics and the media, we often discuss the country as a whole if it is mainly the object of big trends—global, technological, political, informational, cultural. America in the passive mode. These two latest reports illustrate the active-mode country we keep encountering.

Black Codes

In the United States, the Black Codes were laws passed by Southern states in 1865 and 1866, after the Civil War. These laws had the intent and the effect of restricting African Americans' freedom, and of compelling them to work in a labor economy based on low wages or debt. Black Codes were part of a larger pattern of Southern whites trying to suppress the new freedom of emancipated African American slaves, the freedmen. From the colonial period, colonies and states had passed laws that discriminated against free Blacks. In the South, these were generally included in "slave codes"; the goal was to reduce influence of free blacks (particularly after slave rebellions) because of their potential influence on slaves. Restrictions included prohibiting them from voting (although North Carolina allowed this before 1831), bearing arms, gathering in groups for worship and learning to read and write. A major purpose of these laws was to preserve slavery. In the first two years after the Civil War, white-dominated southern legislatures passed Black Codes modeled after the earlier slave codes. They were particularly concerned with controlling movement and labor, as slavery had given way to a free labor system. Although freedmen had been emancipated, their lives were greatly restricted by the Black Codes. The term Black Codes was given by "negro leaders and the Republican organs", according to historian John S. Reynolds. The defining feature of the Black Codes was broad vagrancy law, which allowed local authorities to arrest freed people for minor infractions and commit them to involuntary labor. This period was the start of the convict lease system, also described as "slavery by another name" by Douglas Blackmon in his 2008 book on this topic.

Nat Turner and John Brown

Nat Turner (October 2, 1800 - November 11, 1831) was an enslaved African American who led a rebellion of slaves and free blacks in Southampton County, Virginia on August 21, 1831. The rebels went from plantation to plantation, gathering horses and guns, freeing other slaves along the way, and recruiting other blacks who wanted to join their revolt. During the rebellion, Virginia legislators targeted free blacks with a colonization bill, which allocated new funding to remove them, and a police bill that denied free blacks trials by jury and made any free blacks convicted of a crime subject to sale and relocation. The rebellion resulted in the deaths of 55 to 65 white people. Whites organized militias and called out regular troops to suppress the uprising. In addition, white militias and mobs attacked blacks in the area, killing an estimated 120,many of whom were not involved in the revolt. In the aftermath, the state quickly arrested and executed 55 blacks accused of being part of Turner's slave rebellion. Turner hid successfully for two months. When found, he was tried, convicted, sentenced to death, and hanged. Across Virginia and other southern states, state legislators passed new laws to control slaves and free blacks. They prohibited education of slaves and free blacks, restricted rights of assembly for free blacks, withdrew their right to bear arms (in some states), and to vote (in North Carolina, for instance), and required white ministers to be present at all black worship services. John Brown (May 9, 1800 - December 2, 1859) was an American abolitionist who believed armed insurrection was the only way to overthrow the institution of slavery in the United States. Brown first gained attention when he led small groups of volunteers during the Bleeding Kansas crisis of 1856. Dissatisfied with the pacifism of the organized abolitionist movement, he said, "These men are all talk. What we need is action—action!" During the Kansas campaign, Brown commanded forces at the Battle of Black Jack and the Battle of Osawatomie. He and his supporters killed five pro-slavery supporters in the Pottawatomie massacre of May 1856 in response to the sacking of Lawrence by pro-slavery forces. In 1859, Brown led a raid on the federal armory at Harpers Ferry to start a liberation movement among the slaves there. During the raid, he seized the armory; seven people were killed, and ten or more were injured. He intended to arm slaves with weapons from the arsenal, but the attack failed. Within 36 hours, Brown's men had fled or been killed or captured by local pro-slavery farmers, militiamen, and U.S. Marines led by Robert E. Lee. He was tried for treason against the Commonwealth of Virginia, the murder of five men, and inciting a slave insurrection. He was found guilty on all counts and was hanged. Brown's raid captured the nation's attention, as Southerners feared it was just the first of many Northern plots to cause a slave rebellion that might endanger their lives, while Republicans dismissed the notion and claimed they would not interfere with slavery in the South. Historians agree that the Harpers Ferry raid escalated tensions that, a year later, led to the South's secession and Civil War. David Potter has said the emotional effect of Brown's raid was greater than the philosophical effect of the Lincoln-Douglas debates, and that it reaffirmed a deep division between North and South. Some writers, including Bruce Olds, describe him as a monomaniacal zealot; others, such as Stephen B. Oates, regard him as "one of the most perceptive human beings of his generation". David S. Reynolds hails him as the man who "killed slavery, sparked the civil war, and seeded civil rights" and Richard Owen Boyer emphasizes that Brown was "an American who gave his life that millions of other Americans might be free". "John Brown's Body" was a popular Union marching song during the Civil War and made him a martyr. Brown's actions prior to the Civil War as an abolitionist, and the tactics he chose, still make him a controversial figure today. He is sometimes memorialized as a heroic martyr and a visionary, and sometimes vilified as a madman and a terrorist.

Nationalization (Backlash Against Nationalization)

Nationalization, or nationalisation, is the process of transforming private assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to private assets or assets owned by lower levels of government, such municipalities, being transferred to the state. The opposites of nationalization are privatization, municipalization and demutualization. When previously nationalized assets are privatized and subsequently returned to public ownership by a later government, they are said to have undergone renationalization or renationalisation. Industries that are usually subject to nationalization include transport, communications, energy, banking and natural resources. Nationalization may occur with or without compensation to the former owners. Nationalization is distinguished from property redistribution in that the government retains control of nationalized property. Some nationalizations take place when a government seizes property acquired illegally. For example, in 1945 the French government seized the car-makers Renault because its owners had collaborated with the Nazi occupiers of France. Nationalization is to be distinguished from "socialization", which refers to the process of restructuring the economic framework, organizational structure, and institutions of an economy on a socialist basis. By contrast, nationalization does not necessarily imply social ownership and the restructuring of the economic system. By itself, nationalization has nothing to do with socialism, having been historically carried out for various different purposes under a wide variety of different political systems and economic systems. However, nationalization is, in most cases, opposed by laissez faire capitalists as it is perceived as excessive government interference in, and control of, economic affairs of individual citizens.

Poll Tax

Payment of a poll tax was a prerequisite to the registration for voting in a number of states until 1966. The tax emerged in some states of the United States in the late 19th century as part of the Jim Crow laws. After the right to vote was extended to all races by the enactment of the Fifteenth Amendment to the United States Constitution, a number of states enacted poll tax laws as a device for restricting voting rights. The laws often included a grandfather clause, which allowed any adult male whose father or grandfather had voted in a specific year prior to the abolition of slavery to vote without paying the tax. These laws, along with unfairly implemented literacy tests and extra-legal intimidation, achieved the desired effect of disenfranchising African-American and Native American voters, as well as poor whites. Proof of payment of a poll tax was a prerequisite to voter registration in Florida, Alabama, Tennessee, Arkansas, Louisiana, Mississippi, Georgia (1877), North and South Carolina, Virginia (until 1882 and again from 1902 with its new constitution), and Texas (1902).[6] The Texas poll tax "required otherwise eligible voters to pay between $1.50 and $1.75 to register to vote - a lot of money at the time, and a big barrier to the working classes and poor." Georgia created a cumulative poll tax requirement in 1877: men of any race 21 to 60 years of age had to pay a sum of money for every year from the time they had turned 21, or from the time that the law took effect. The poll tax requirements applied to whites as well as blacks, and also adversely affected poor citizens. The laws that allowed the poll tax did not specify a certain group of people. This meant that anyone, including white women could also be discriminated against when they went to vote. One example is in Alabama where white women were discriminated against and then organized to secure their right to vote. One group of women that did this was Women's Joint Legislative Council of Alabama (WJLC). African American women also organized in groups against being denied voting rights. One African American woman sued the county with the help of the NAACP. She sued for her right to vote as she was stopped from even registering to vote. As a result of her suing the county the mailman did not deliver her mail for quite some time. Many states required payment of the tax at a time separate from the election, and then required voters to bring receipts with them to the polls. If they could not locate such receipts, they could not vote. In addition, many states surrounded registration and voting with complex record-keeping requirements. These were particularly difficult for sharecropper and tenant farmers to comply with, as they moved frequently. The poll tax was sometimes used alone or together with a literacy qualification. In a kind of grandfather clause, North Carolina in 1900 exempted from the poll tax those men entitled to vote as of January 1, 1867. This excluded all blacks, who did not then have suffrage.

Plessy versus Ferguson

Plessy v. Ferguson, 163 US 537 (1896) was a landmark constitutional law case of the US Supreme Court. It upheld state racial segregation laws for public facilities under the doctrine of "separate but equal". The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan. "Separate but equal" remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education.

Shay's Rebellion

Shays' Rebellion is the name given to a series of protests in 1786 and 1787 by American farmers against state and local enforcement of tax collections and judgments for debt. Although farmers took up arms in states from New Hampshire to South Carolina, the rebellion was most serious in Massachusetts, where bad harvests, economic depression, and high taxes threatened farmers with the loss of their farms. The rebellion took its name from its symbolic leader, Daniel Shays of Massachusetts, a former captain in the Continental army.

The New Deal Coalition (Fifth Party System)

The New Deal coalition was the alignment of interest groups and voting blocs in the United States that supported the New Deal and voted for Democratic presidential candidates from 1932 until the late 1960s. It made the Democratic Party the majority party during that period, losing only to Dwight D. Eisenhower, a pro-New Deal Republican, in 1952 and 1956. Franklin D. Roosevelt forged a coalition that included the Democratic state party organizations, city machines, labor unions, blue collar workers, minorities (racial, ethnic and religious), farmers, white Southerners, people on relief, and intellectuals. The coalition began to fall apart with the bitter factionalism during the 1968 election, but it remains the model that party activists seek to replicate.

Articles of Confederation

The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 original states of the United States of America that served as its first constitution. Its drafting by a committee appointed by the Second Continental Congress began on July 12, 1776, and an approved version was sent to the states for ratification on November 15, 1777. The Articles of Confederation came into force on March 1, 1781, after being ratified by all 13 states. A guiding principle of the Articles was to preserve the independence and sovereignty of the states. The federal government received only those powers which the colonies had recognized as belonging to king and parliament. The Articles formed a war-time confederation of states, with an extremely limited central government. Even unratified, the document was used by the Congress to conduct business, direct the American Revolutionary War, conduct diplomacy with foreign nations, and deal with territorial issues and Native American relations. Actually the adoption of the Articles made no perceptible change in the federal government, because it did little more than legalize what the Continental Congress had been doing. That body was now taken over as the Congress of the Confederation; but Americans continued to call it the Continental Congress, since its organization remained the same. As the Confederation Congress attempted to govern the continually growing American states, delegates discovered that the limitations placed upon the central government rendered it ineffective at doing so. As the government's weaknesses became apparent, especially after Shays' Rebellion, individuals began asking for changes to the Articles. Their hope was to create a stronger national government. Initially, some states met to deal with their trade and economic problems. However, as more states became interested in meeting to change the Articles, a meeting was set in Philadelphia on May 25, 1787. This became the Constitutional Convention. It was quickly realized that changes would not work, and instead the entire Articles needed to be replaced. On March 4, 1789, the general government under the Articles was replaced with the federal government under the Constitution. The new Constitution provided for a much stronger federal government by establishing a chief executive (the President), courts, and taxing powers.

Civil Rights Act

The Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241, enacted July 2, 1964) is a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin. It prohibited unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations. Powers given to enforce the act were initially weak, but were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment. The Act was signed into law by President Lyndon B. Johnson on July 2, 1964, at the White House.

Three Ways the Civil Rights Movement Was Cut Short

The Civil Rights Movement, also known as the American Civil Rights Movement and other names, is a term that encompasses the strategies, groups, and social movements in the United States whose goals were to end racial segregation and discrimination against African Americans and to secure legal recognition and federal protection of the citizenship rights enumerated in the Constitution and federal law. This article covers the phase of the movement between 1954 and 1968, particularly in the South. The movement was characterized by major campaigns of civil resistance. Between 1955 and 1968, acts of nonviolent protest and civil disobedience produced crisis situations and productive dialogues between activists and government authorities. Federal, state, and local governments, businesses, and communities often had to respond immediately to these situations, which highlighted the inequities faced by African Americans. The lynching of Emmett Till and the visceral response to his mother's decision to have an open-casket funeral mobilized the African-American community nationwide. Forms of protest and/or civil disobedience included boycotts such as the successful Montgomery Bus Boycott (1955-56) in Alabama; "sit-ins" such as the influential Greensboro sit-ins (1960) in North Carolina and successful Nashville sit-ins in Tennessee; marches, such as the Birmingham Children's Crusade and Selma to Montgomery marches (1965) in Alabama; and a wide range of other nonviolent activities. The 1950s and 1960s Civil Rights Movement achieved the passage of several significant pieces of federal legislation to overturn discriminatory practices. The Civil Rights Act of 1964,[2] expressly banned discrimination based on race, color, religion, sex, or national origin in employment practices; ended unequal application of voter registration requirements; and prohibited racial segregation in schools, at the workplace, and in public accommodations. The Voting Rights Act of 1965 restored and protected voting rights for minorities by authorizing federal oversight of registration and elections in areas with a historic under-representation of minorities as voters. The Immigration and Nationality Services Act of 1965 removed racial and national barriers to immigration, expanding opportunities for immigrants from regions other than Europe. The Fair Housing Act of 1968 banned discrimination in the sale or rental of housing. African Americans re-entered politics in the South, and across the country young people were inspired to take action. From 1964 through 1970, a wave of inner city riots in black communities undercut support from the white community. The emergence of the Black Power movement, which lasted from about 1966 to 1975, challenged the established black leadership for its cooperative attitude and its practice of nonviolence, instead demanding political and economic self-sufficiency to be built in the black community. Many popular representations of the movement are centered on the leadership and philosophy of Martin Luther King, Jr., who won the 1964 Nobel Peace Prize for his role in the movement. But, some scholars note that the movement was too diverse to be credited to one person, organization, or strategy.

New Jersey Plan

The New Jersey Plan (also known as the Small State Plan or the Paterson Plan) was a proposal for the structure of the United States Government presented by William Paterson at the Constitutional Convention on June 15, 1787. The plan was created in response to the Virginia Plan, which called for two houses of Congress, both elected with apportionment according to population. The less populous states were adamantly opposed to giving most of the control of the national government to the more populous states, and so proposed an alternative plan that would have kept the one-vote-per-state representation under one legislative body from the Articles of Confederation. The New Jersey Plan was opposed by James Madison and Edmund Randolph (the proponents of the Virginia state Plan).

Michelle Alexander: "The New Jim Crow."

The New Jim Crow: Mass Incarceration in the Age of Colorblindness is a book by Michelle Alexander, a civil rights litigator and legal scholar. The book discusses race-related issues specific to African-American males and mass incarceration in the United States, but Alexander notes that the discrimination faced by African-American males is prevalent among other minorities and socio-economically disadvantaged populations. Alexander's central premise, from which the book derives its title, is that "mass incarceration is, metaphorically, the New Jim Crow". Though the conventional point of view holds that racial discrimination has mostly ended with the civil rights movement reforms of the 1960s, Alexander posits that the U.S. criminal justice system uses the War on Drugs as a primary tool for enforcing traditional, as well as new, modes of discrimination and repression. These new modes of racism have led to not only the highest rate of incarceration in the world, but also an even greater imprisonment of African American men. Were present trends to continue, Alexander writes, the United States will imprison one-third of its African American population. When combined with the fact that whites are more likely to commit drug crimes than people of color, the issue becomes clear for Alexander: "The primary targets of [the penal system's] control can be defined largely by race." This, ultimately, leads Alexander to believe that mass incarceration is "a stunningly comprehensive and well-disguised system of racialized social control that functions in a manner strikingly similar to Jim Crow". The culmination of this social control is what Alexander calls a "racial caste system", a type of stratification wherein people of color are kept in an inferior position. Its emergence, she believes, is a direct response to the Civil Rights Movement. It is because of this that Alexander argues for issues with mass incarceration to be addressed as issues of racial justice and civil rights. To approach these matters as anything but would be to fortify this new racial caste. Thus, Alexander aims to mobilize the civil rights community to move the incarceration issue to the forefront of its agenda and to provide factual information, data, arguments and a point of reference for those interested in pursuing the issue. Her broader goal is the revamping of the prevailing mentality regarding human rights, equality and equal opportunities in America, to prevent future cyclical recurrence of what she sees as "racial control under changing disguise". According to the author, what has been altered since the collapse of Jim Crow is not so much the basic structure of US society, as the language used to justify its affairs. She argues that when people of color are disproportionately labeled as "criminals", this allows the unleashing of a whole range of legal discrimination measures in employment, housing, education, public benefits, voting rights, jury duty, and so on. Alexander explains that it took her years to become fully aware and convinced of the phenomena she describes, despite her professional civil rights background. She expects similar reluctance and disbelief on the part of many of her readers. She believes that the problems besetting African American communities are not merely a passive, collateral side effect of poverty, limited educational opportunity or other factors, but a consequence of purposeful government policies. Alexander has concluded that mass incarceration policies, which were swiftly developed and implemented, are a "comprehensive and well-disguised system of racialized control that functions in a manner strikingly similar to Jim Crow." Alexander contends that in 1982 the Reagan administration began an escalation of the War on Drugs, purportedly as a response to a crack cocaine crisis in black ghettos, which was (she claims) announced well before crack cocaine arrived in most inner city neighborhoods. During the mid-1980s, as the use of crack cocaine increased to epidemic levels in these neighborhoods, federal drug authorities publicized the problem, using scare tactics to generate support for their already-declared escalation. The government's successful media campaign made possible an unprecedented expansion of law enforcement activities in America's urban neighborhoods, and this aggressive approach fueled widespread belief in conspiracy theories that posited government plans to destroy the black population.

Compromise of 1850

The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850, which defused a four-year political confrontation between slave and free states regarding the status of territories acquired during the Mexican-American War (1846-1848). The compromise, drafted by Whig Senator Henry Clay of Kentucky and brokered by Clay and Democratic Senator Stephen Douglas of Illinois, reduced sectional conflict. Controversy arose over the Fugitive Slave provision. The Compromise was greeted with relief, although each side disliked specific provisions. Texas surrendered its claim to New Mexico, as well as its claims north of the Missouri Compromise Line. It retained the Texas Panhandle and the federal government took over the state's public debt. California was admitted as a free state with its current boundaries. The South prevented adoption of the Wilmot Proviso that would have outlawed slavery in the new territories, and the new Utah Territory and New Mexico Territory were allowed, under the principle of popular sovereignty, to decide whether to allow slavery within their borders. In practice, these lands were generally unsuited to plantation agriculture and their settlers were uninterested in slavery. The slave trade (but not slavery altogether) was banned in the District of Columbia. A more stringent Fugitive Slave Law was enacted. The Compromise became possible after the sudden death of President Zachary Taylor, who, although a slave owner, had favored excluding slavery from the Southwest. Whig leader Henry Clay designed a compromise, which failed to pass in early 1850, due to opposition by both pro-slavery southern Democrats, led by John C. Calhoun, and anti-slavery northern Whigs. Upon Clay's instruction, Douglas then divided Clay's bill into several smaller pieces and narrowly won their passage over the opposition of those with stronger views on both sides.

Checks and Balances

The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together: The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation's borders. The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes. The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office. The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional. The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations. The judicial branch interprets laws, but the Senate in the legislative branch confirms the President's nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.

Compromises Over Slavery in Constitution

The Constitutional Convention (also known as the Philadelphia Convention the Federal Convention or the Grand Convention at Philadelphia) took place from May 25 to September 17, 1787, in Philadelphia, Pennsylvania. Although the Convention was intended to revise the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison and Alexander Hamilton, was to create a new government rather than fix the existing one. The delegates elected George Washington to preside over the Convention. The result of the Convention was the creation of the United States Constitution, placing the Convention among the most significant events in the history of the United States. The most contentious disputes revolved around composition and election of the Senate, how "proportional representation" was to be defined (whether to include slaves or other property), whether to divide the executive power between three persons or invest the power into a single president, how to elect the president, how long his term was to be and whether he could run for reelection, what offenses should be impeachable, the nature of a fugitive slave clause, whether to allow the abolition of the slave trade, and whether judges should be chosen by the legislature or executive. Most of the time during the Convention was spent on deciding these issues, while the powers of legislature, executive, and judiciary were not heavily disputed. Once the Convention began, the delegates first agreed on the principles of the Convention, then they agreed on Madison's Virginia Plan and began to modify it. A Committee of Detail assembled during the July 4 recess eventually produced a rough draft of the constitution. Most of the rough draft remained in place, and can be found in the final version of the constitution. After the final issues were resolved, the Committee on Style produced the final version, and it was voted on and sent to the states.

Federalist Papers (Federalist #10 and Federalist #51)

The Federalist (later known as The Federalist Papers) is a collection of 85 articles and essays written (under the pseudonym Publius) by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution. Seventy-seven were published serially in the Independent Journal and the New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787, was published in two volumes in 1788 by J. and A. McLean. The collection's original title was The Federalist; the title The Federalist Papers did not emerge until the 20th century. Though the authors of The Federalist Papers foremost wished to influence the vote in favor of ratifying the Constitution, in "Federalist No. 1", they explicitly set that debate in broader political terms: It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force. "Federalist No. 10", in which Madison discusses the means of preventing rule by majority faction and advocates a large, commercial republic, is generally regarded as the most important of the 85 articles from a philosophical perspective; it is complemented by "Federalist No. 14", in which Madison takes the measure of the United States, declares it appropriate for an extended republic, and concludes with a memorable defense of the constitutional and political creativity of the Federal Convention.[4] In "Federalist No. 84", Hamilton makes the case that there is no need to amend the Constitution by adding a Bill of Rights, insisting that the various provisions in the proposed Constitution protecting liberty amount to a "bill of rights". "Federalist No. 78", also written by Hamilton, lays the groundwork for the doctrine of judicial review by federal courts of federal legislation or executive acts. "Federalist No. 70" presents Hamilton's case for a one-man chief executive. In "Federalist No. 39", Madison presents the clearest exposition of what has come to be called "Federalism". In "Federalist No. 51", Madison distils arguments for checks and balances in an essay often quoted for its justification of government as "the greatest of all reflections on human nature." According to historian Richard B. Morris, they are an "incomparable exposition of the Constitution, a classic in political science unsurpassed in both breadth and depth by the product of any later American writer.

Mann and Ornstein: "Why Republicans Are The Problem."

The GOP's evolution has become too much for some longtime Republicans. Former senator Chuck Hagel of Nebraskacalled his party "irresponsible" in an interview with the Financial Times in August, at the height of the debt-ceiling battle. "I think the Republican Party is captive to political movements that are very ideological, that are very narrow," he said. "I've never seen so much intolerance as I see today in American politics." And Mike Lofgren, a veteran Republican congressional staffer, wrote an anguished diatribe last year about why he was ending his career on the Hill after nearly three decades. "The Republican Party is becoming less and less like a traditional political party in a representative democracy and becoming more like an apocalyptic cult, or one of the intensely ideological authoritarian parties of 20th century Europe," he wrote on the Truthout Web site. Shortly before Rep. West went off the rails with his accusations of communism in the Democratic Party, political scientists Keith Poole and Howard Rosenthal, who have long tracked historical trends in political polarization, said their studies of congressional votes found that Republicans are now more conservative than they have been in more than a century. Their data show a dramatic uptick in polarization, mostly caused by the sharp rightward move of the GOP. If our democracy is to regain its health and vitality, the culture and ideological center of the Republican Party must change. In the short run, without a massive (and unlikely) across-the-board rejection of the GOP at the polls, that will not happen. If anything, Washington's ideological divide will probably grow after the 2012 elections. In the House, some of the remaining centrist and conservative "Blue Dog" Democrats have been targeted for extinction by redistricting, while even ardent tea party Republicans, such as freshman Rep. Alan Nunnelee (Miss.), have faced primary challenges from the right for being too accommodationist. And Mitt Romney's rhetoric and positions offer no indication that he would govern differently if his party captures the White House and both chambers of Congress.

Haitian Revolution

The Haitian Revolution (French: Révolution haïtienne [ʁevɔlysjɔ̃ ajisjɛ̃n]) was a successful anti-slavery and anti-colonial insurrection by self-liberated slaves against French colonial rule in Saint-Domingue, now the sovereign nation of Haiti. It began in 1791 and ended in 1804 with the former colony's independence. It was the only slave uprising that led to the founding of a state, which was both free from slavery, and ruled by non-whites and former captives. With the recent increase in Haitian Revolutionary Studies, it is now widely seen as a defining moment in the history of racism in the Atlantic World. Its effects on the institution of slavery were felt throughout the Americas. The ending of French rule and the abolition of slavery in the former colony by the former slaves was followed by their successful defense of the freedoms they won, and, with the collaboration of mulattoes, their independence from rule by white Europeans. It represents the largest slave uprising since Spartacus's unsuccessful revolt against the Roman Republic nearly 1,900 years before. It challenged long-held beliefs about black inferiority and about enslaved persons' capacity to achieve and maintain their own freedom. The rebels' organizational capacity and tenacity under pressure became the source of stories that shocked and frightened slave owners.

Mexican American War

The Mexican-American War, also known as the Mexican War, the U.S.-Mexican War, the U.S.-Mexico War or in Spanish the Intervención estadounidense en México (American Intervention in Mexico) or Guerra de Estados Unidos-México, was an armed conflict between the United States of America and the United Mexican States from 1846 to 1848. It followed in the wake of the 1845 U.S. annexation of Texas, which Mexico considered part of its territory in spite of its de facto secession in the 1836 Texas Revolution. After its independence in 1821 and brief experiment with monarchy, Mexico became a republic in 1824. It was characterized by considerable instability, leaving it ill-prepared for conflict when war broke out in 1846. Native American raids in Mexico's sparsely settled north in the decades preceding the war prompted the Mexican government to sponsor migration from the U.S. to the Mexican province of Texas to create a buffer. However, Texans from both countries revolted against the Mexican government in the 1836 Texas Revolution, creating a republic not recognized by Mexico, which still claimed it as part of its national territory. In 1845, Texas agreed to an offer of annexation by the U.S. Congress, and became the 28th state on December 29 that year. In 1845, James Polk, the newly-elected U.S. president, made a proposition to the Mexican government to purchase the disputed lands between the Nueces River and the Rio Grande. When that offer was rejected, American forces commanded by Major General Zachary Taylor were moved into the disputed territory. They were then attacked by Mexican forces, who killed 12 U.S. soldiers and took 52 as prisoners. These same Mexican troops later laid siege to an American fort along the Rio Grande. This led to the war and the eventual loss of much of Mexico's northern territory. U.S. forces quickly occupied Santa Fe de Nuevo México and Alta California Territory, and then invaded parts of Central Mexico (modern-day Northeastern Mexico and Northwest Mexico); meanwhile, the Pacific Squadron conducted a blockade, and took control of several garrisons on the Pacific coast farther south in Baja California Territory. The U.S. army, under the command of Major General Winfield Scott, captured the capital, Mexico City, marching from the port of Veracruz. The 1848 Treaty of Guadalupe Hidalgo ended the war and specified its major consequence: the Mexican Cession of the territories of Alta California and Santa Fe de Nuevo México to the United States. The U.S. agreed to pay $15 million compensation for the physical damage of the war. In addition, the United States assumed $3.25 million of debt owed by the Mexican government to U.S. citizens. Mexico acknowledged the loss of Texas and thereafter cited the Rio Grande as its national border with the United States. The territorial expansion of the United States toward the Pacific coast had been the goal of US President James K. Polk, the leader of the Democratic Party. At first, the war was highly controversial in the United States, with the Whig Party, anti-imperialists, and anti-slavery elements strongly opposed. Critics in the United States pointed to the heavy casualties suffered by U.S. forces and the conflict's high monetary cost. The war intensified the debate over slavery in the United States, contributing to bitter debates that culminated in the American Civil War. In Mexico, the war came in the middle of political turmoil, which increased into chaos during the conflict. The military defeat and loss of territory was a disastrous blow, causing Mexico to enter "a period of self-examination ... as its leaders sought to identify and address the reasons that had led to such a debacle." In the immediate aftermath of the war, some prominent Mexicans wrote that the war had resulted in "the state of degradation and ruin" in Mexico, further claiming, for "the true origin of the war, it is sufficient to say that the insatiable ambition of the United States, favored by our weakness, caused it." The shift in the Mexico-U.S. border left many Mexican citizens separated from their national government. For the indigenous peoples who had never accepted Mexican rule, the change in border meant conflicts with a new outside power.

Free States

The Northwest Ordinance of 1787, passed just before the U.S. Constitution was ratified, prohibited slavery in the federal Northwest Territory. The southern boundary of the territory was the Ohio River, which was regarded as a westward extension of the Mason-Dixon line. The territory was generally settled by New Englanders and American Revolutionary War veterans granted land there. The states created from the territory - Ohio (1803), Indiana (1816), Illinois (1818), Michigan (1837), Iowa (1846), Wisconsin (1848), and Minnesota (1858) - were all free states. During the War of 1812, the British accepted as free all slaves who came into their hands, with no conditions as to military service such as had been made in Dunmore's Proclamation in the Revolutionary War. By the end of the War of 1812, the momentum for antislavery reform, state by state, appeared to run out of steam, with half of the states having already abolished slavery (Northeast), prohibited from the start (Midwest) or committed to eliminating slavery, and half committed to continuing the institution indefinitely (South). The potential for political conflict over slavery at a federal level made politicians concerned about the balance of power in the United States Senate, where each State was represented by two Senators. With an equal number of slave states and free states, the Senate was equally divided on issues important to the South. As the population of the free states began to outstrip the population of the slave states, leading to control of the House of Representatives by free states, the Senate became the preoccupation of slave state politicians interested in maintaining a Congressional veto over federal policy in regard to slavery and other issues important to the South. As a result of this preoccupation, slave states and free states were often admitted into the Union in pairs to maintain the existing Senate balance between slave and free states.

Reconstruction Amendments

The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870, the five years immediately following the Civil War. The last time the Constitution had been amended was with the Twelfth Amendment more than 60 years earlier in 1804. The Reconstruction amendments were important in implementing the Reconstruction of the American South after the war. Their proponents saw them as transforming the United States from a country that was (in Abraham Lincoln's words) "half slave and half free" to one in which the constitutionally guaranteed "blessings of liberty" would be extended to the entire populace, including the former slaves and their descendants. The Thirteenth Amendment (proposed and ratified in 1865) abolished slavery. The Fourteenth Amendment (proposed in 1866 and ratified in 1868) addresses citizenship rights and equal protection of the laws for all persons. The Fifteenth Amendment (proposed in 1869 and ratified in 1870) prohibits discrimination in voting rights of citizens on the basis of "race, color, or previous condition of servitude." This amendment did not include a specific prohibition on discrimination on the basis of sex; it took another amendment—the Nineteenth, ratified in 1920—to prohibit such discrimination explicitly. Men and women of all races, regardless of prior slavery, could vote in some states of the early United States, such as New Jersey, provided that they could meet other requirements, such as property ownership. These amendments were intended to guarantee freedom to former slaves and to establish and prevent discrimination in civil rights to former slaves and all citizens of the United States. The promise of these amendments was eroded by state laws and federal court decisions over the course of the 19th century. Women were prohibited by some state constitutions and laws from voting, leading to Susan B. Anthony attempting to vote in New York in the 1872 Presidential election as an act of civil disobedience. In 1876 and later, some states passed Jim Crow laws that limited the rights of African-Americans. Important Supreme Court decisions that undermined these amendments were the Slaughter-House Cases in 1873, which prevented rights guaranteed under the Fourteenth Amendment's privileges or immunities clause from being extended to rights under state law; and Plessy v. Ferguson in 1896 which originated the phrase "separate but equal" and gave federal approval to Jim Crow laws. The full benefits of the Thirteenth, Fourteenth, and Fifteenth amendments were not realized until the Supreme Court decision in Brown v. Board of Education in 1954 and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Spanish-American War (1898)

The Spanish-American War (Spanish: Guerra hispano-estadounidense or Guerra hispano-americana; Filipino: Digmaang Espanyol-Amerikano) was a conflict fought between Spain and the United States in 1898. Hostilities began in the aftermath of the internal explosion of the USS Maine in Havana harbor in Cuba leading to United States intervention in the Cuban War of Independence. American acquisition of Spain's Pacific possessions led to its involvement in the Philippine Revolution and ultimately in the Philippine-American War. Revolts had been occurring for some years in Cuba against Spanish rule. The U.S. later backed these revolts upon entering the Spanish-American War. There had been war scares before, as in the Virginius Affair in 1873, but in the late 1890s, U.S. public opinion was agitated by anti-Spanish propaganda led by newspaper publishers such as Joseph Pulitzer and William Randolph Hearst which used yellow journalism to call for war. The business community across the United States had just recovered from a deep depression, and feared that a war would reverse the gains. They lobbied vigorously against going to war. The United States Navy armored cruiser Maine had mysteriously sunk in Havana harbor; political pressures from the Democratic Party pushed the administration of Republican President William McKinley into a war that he had wished to avoid. Spain promised time and time again that it would reform, but never delivered. The United States sent an ultimatum to Spain demanding that it surrender control of Cuba. First Madrid declared war, and Washington then followed suit. The main issue was Cuban independence; the ten-week war was fought in both the Caribbean and the Pacific. U.S. naval power proved decisive, allowing expeditionary forces to disembark in Cuba against a Spanish garrison already facing nationwide Cuban insurgent attacks and further wasted by yellow fever. Numerically superior Cuban, Philippine, and U.S. forces obtained the surrender of Santiago de Cuba and Manila despite the good performance of some Spanish infantry units and fierce fighting for positions such as San Juan Hill. Madrid sued for peace with two obsolete Spanish squadrons sunk in Santiago de Cuba and Manila Bay and a third, more modern fleet recalled home to protect the Spanish coasts. The result was the 1898 Treaty of Paris, negotiated on terms favorable to the U.S. which allowed it temporary control of Cuba and ceded ownership of Puerto Rico, Guam, and the Philippine islands. The cession of the Philippines involved payment of $20 million ($575,760,000 today) to Spain by the U.S. to cover infrastructure owned by Spain. The defeat and collapse of the Spanish Empire was a profound shock to Spain's national psyche, and provoked a thorough philosophical and artistic revaluation of Spanish society known as the Generation of '98. The United States gained several island possessions spanning the globe and a rancorous new debate over the wisdom of expansionism. It was one of only five US wars (against a total of eleven sovereign states) to have been formally declared by Congress.

The Three-Fifths Compromise

The Three-Fifths Compromise was a compromise reached between delegates from southern states and those from northern states during the 1787 United States Constitutional Convention. The debate was over whether, and if so, how, slaves would be counted when determining a state's total population for legislative representation and taxing purposes. The issue was important, as this population number would then be used to determine the number of seats that the state would have in the United States House of Representatives for the next ten years. The effect was to give the southern states a third more seats in Congress and a third more electoral votes than if slaves had been ignored, but fewer than if slaves and free persons had been counted equally, allowing the slaveholder interests to largely dominate the government of the United States until 1861. The compromise was proposed by delegates James Wilson and Roger Sherman.

Virginia Plan

The Virginia Plan (also known as the Randolph Plan, after its sponsor, or the Large-State Plan) was a proposal by Virginia delegates for a bicameral legislative branch. The plan was drafted by James Madison while he waited for a quorum to assemble at the Constitutional Convention of 1787 The Virginia Plan was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the proposed national legislature.

Voting Rights Act

The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the Civil Rights Movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act secured voting rights for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of civil rights legislation ever enacted in the country. The Act contains numerous provisions that regulate election administration. The Act's "general provisions" provide nationwide protections for voting rights. Section 2 is a general provision that prohibits every state and local government from imposing any voting law that results in discrimination against racial or language minorities. Other general provisions specifically outlaw literacy tests and similar devices that were historically used to disenfranchise racial minorities. The Act also contains "special provisions" that apply to only certain jurisdictions. A special provision is the Section 5 preclearance requirement, which prohibits certain jurisdictions from implementing any change affecting voting without receiving preapproval from the U.S. Attorney General or the U.S. District Court for D.C. that the change does not discriminate against protected minorities. Another special provision requires jurisdictions containing significant language minority populations to provide bilingual ballots and other election materials. Section 5 and most other special provisions apply to jurisdictions encompassed by the "coverage formula" prescribed in Section 4(b). The coverage formula was originally designed to encompass jurisdictions that engaged in egregious voting discrimination in 1965, and Congress updated the formula in 1970 and 1975. In Shelby County v. Holder (2013), the U.S. Supreme Court struck down the coverage formula as unconstitutional, reasoning that it was no longer responsive to current conditions. The Court did not strike down Section 5, but without a coverage formula, Section 5 is unenforceable.

Free Rider Problem

The free rider problem is a market failure that occurs when people take advantage of being able to use a common resource, or collective good, without paying for it, as is the case when citizens of a country utilize public goods without paying their fair share in taxes. The free rider problem only arises in a market in which supply is not diminished by the number of people consuming it and consumption cannot be restricted. Goods and services such as national defense, metropolitan police presence, flood control systems, access to clean water, sanitation infrastructure, libraries and public broadcasting services are able to be obtained through free riding. BREAKING DOWN 'Free Rider Problem' Free riding depletes from a tax base, can be the cause of natural resource exploitation and can even lead to the disappearance of the good's supply if enough people jump on board with the mentality. The psychology behind it for certain people is there is little incentive to expend money or time toward the production of a collective good when they stand to enjoy its benefits even if they expend none at all. Because the free rider problem occurs with public goods, governments are usually the ones left to enforce as much regulation as possible to deter people from engaging in the practice. In the United States, the Internal Revenue Service (IRS) is the agency in charge of collecting taxes and upholding tax laws. The crime of attempting to evade or defeat tax carries a maximum penalty of five years in prison and/or a $250,000 fine, which is $500,000 for corporations. Free riding also occurs in a workplace that is partly unionized, because all of the company's employees experience wage hikes and a better working environment, regardless of whether they belong to the union.

Matthew Yglesias: "American politics is doomed."

The idea that America's constitutional system might be fundamentally flawed cuts deeply against the grain of our political culture. But the reality is that despite its durability, it has rarely functioned well by the standards of a modern democracy. The party system of the Gilded Age operated through systematic corruption. The less polarized era that followed was built on the systematic disenfranchisement of African-Americans. The newer system of more ideological politics has solved those problems and seems in many ways more attractive. But over the past 25 years, it's set America on a course of paralysis and crisis — government shutdowns, impeachment, debt ceiling crises, and constitutional hardball. Voters, understandably, are increasingly dissatisfied with the results and confidence in American institutions has been generally low and falling. But rather than leading to change, the dissatisfaction has tended to yield wild electoral swings that exacerbate the sense of permanent crisis.

Ta-Nehisi Coates: "Reparations for black Americans."

The implications are chilling. As a rule, poor black people do not work their way out of the ghetto—and those who do often face the horror of watching their children and grandchildren tumble back. Even seeming evidence of progress withers under harsh light. In 2012, the Manhattan Institute cheerily noted that segregation had declined since the 1960s. And yet African Americans still remained—by far—the most segregated ethnic group in the country. With segregation, with the isolation of the injured and the robbed, comes the concentration of disadvantage. An unsegregated America might see poverty, and all its effects, spread across the country with no particular bias toward skin color. Instead, the concentration of poverty has been paired with a concentration of melanin. The resulting conflagration has been devastating. One thread of thinking in the African American community holds that these depressing numbers partially stem from cultural pathologies that can be altered through individual grit and exceptionally good behavior. (In 2011, Philadelphia Mayor Michael Nutter, responding to violence among young black males, put the blame on the family: "Too many men making too many babies they don't want to take care of, and then we end up dealing with your children." Nutter turned to those presumably fatherless babies: "Pull your pants up and buy a belt, because no one wants to see your underwear or the crack of your butt.") The thread is as old as black politics itself. It is also wrong. The kind of trenchant racism to which black people have persistently been subjected can never be defeated by making its victims more respectable. The essence of American racism is disrespect. And in the wake of the grim numbers, we see the grim inheritance. The Contract Buyers League's suit brought by Clyde Ross and his allies took direct aim at this inheritance. The suit was rooted in Chicago's long history of segregation, which had created two housing markets—one legitimate and backed by the government, the other lawless and patrolled by predators. The suit dragged on until 1976, when the league lost a jury trial. Securing the equal protection of the law proved hard; securing reparations proved impossible. If there were any doubts about the mood of the jury, the foreman removed them by saying, when asked about the verdict, that he hoped it would help end "the mess Earl Warren made with Brown v. Board of Education and all that nonsense."

Party Organization

The organizational structure of political parties consists of the machinery, procedures, and rituals party leaders and professionals employ so that parties operate effectively in the electoral and governing processes.V. O. Key Jr., Politics, Parties, & Pressure Groups, 5th ed. (New York: Thomas Y. Crowell Company, 1964). Party organizations establish connections between leaders and followers so that they can build and maintain a base of supportive voters they can count on during elections. Parties maintain permanent offices to assist their constituencies. They engage in party-building activities, including voter registration and get-out-the-vote drives. They provide candidate support, such as collecting polling data and running ads.Samuel J. Eldersveld, and Hanes Walton Jr., Political Parties in American Society, 2nd ed. (Boston: Bedford/St. Martin's, 2000). Party organizations take many forms. National and state parties are large and complex organizations. They have permanent headquarters, chairpersons, boards of directors, and full-time employees with specialized responsibilities. They maintain lists of officers and members, operate under established bylaws and rules, and hold scheduled meetings and conventions. Local parties range from highly active, well-organized, professional structures to haphazard, amateur operations.Stephen E. Frantzich, Political Parties in the Technological Age.

Party In Government

The party in government constitutes the organized partisans who serve in office, such as members of the Democratic and Republican parties in Congress. Parties provide an organizational structure for leaders in office, develop policy agendas, and ensure that majority and minority party opinions are voiced. The party in government seeks to represent its supporters, achieve policy objectives, and enhance the prospects for reelection. It is the center of democratic action. Party coalitions of many officeholders can be more powerful mechanisms for voicing opinions than individual leaders acting on their own. Coalitions from opposing parties spar openly by taking different positions on issues.

Slave States

The states that permitted slavery between 1820 and 1860: Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, and Virginia. Slavery was legal and practiced in each of the Thirteen Colonies that became the US. During British colonization, the enslaved population expanded, primarily drawn from the Atlantic slave trade. Organized political and social movements to end slavery began in the mid-18th century. The sentiments of the American Revolution (1775-1783) and the equality evoked by the Declaration of Independence stood in contrast to the status of most black Americans. Despite this, thousands of black Americans fought against the British in hopes of a new order. Thousands also joined the British army, encouraged by British offers of freedom in exchange for military service. (See Black Patriot and Black Loyalist). In the 1770s, blacks throughout New England began sending petitions to northern legislatures demanding freedom. Five of the Northern self-declared states adopted policies to at least gradually abolish slavery: Pennsylvania (1780), New Hampshire and Massachusetts (1783), Connecticut and Rhode Island (1784). Vermont abolished slavery in 1777, while it was still independent, and when it joined the United States as the 14th state in 1791 it was the first state to join untainted by slavery. These state jurisdictions thus enacted the first abolition laws in the Americas. By 1804 (including, New York (1799), New Jersey (1804)), all of the northern states had abolished slavery or set measures in place to gradually reduce it. In the south, Kentucky was created a slave state from Virginia (1792), and Tennessee was created a slave state from North Carolina (1796). By 1804, before the creation of new states from the federal western territories, the number of slave and free states was eight each. In popular usage, the geographic divide between the slave and free states was called the Mason-Dixon line. The 1787, United States Constitutional Convention debated slavery and for a time slavery was a major impediment to passage of the new constitution. As a compromise the institution was acknowledged though never mentioned directly in the constitution, as in the case of the Fugitive Slave Clause. In 1808, the United States outlawed the international slave import trade but the domestic trade in half the states continued.

"Old Story" of Reconstruction

The term Reconstruction Era, in the context of the history of the United States, has two senses: the first covers the complete history of the entire country from 1865 to 1877 following the American Civil War (1861 to 1865); the second sense focuses on the attempted transformation of the Southern United States from 1863 to 1877, as directed by Congress, with the reconstruction of state and society. With the three Reconstruction Amendments, the era saw the first amendments to the US Constitution in decades. Three visions of Civil War memory appeared during Reconstruction: the reconciliationist vision, which was rooted in coping with the death and devastation the war had brought; the white supremacist vision, which included terror and violence; and the emancipationist vision, which sought full freedom, citizenship and Constitutional equality for African Americans. Presidents Abraham Lincoln and Andrew Johnson both took moderate positions designed to bring the South back into the union as quickly as possible, while Radical Republicans in Congress sought stronger measures to upgrade the rights of African Americans, including the Fourteenth Amendment to the United States Constitution, while curtailing the rights of former Confederates, such as through the provisions of the Wade-Davis Bill. Johnson followed a lenient policy toward ex-Confederates. Lincoln's last speeches show that he was leaning toward supporting the enfranchisement of all freedmen, whereas Johnson was opposed to this. Johnson's interpretations of Lincoln's policies prevailed until the Congressional elections of 1866 in the North, which enabled the Radicals to take control of policy, remove former Confederates from power, and enfranchise the freedmen. A Republican coalition came to power in nearly all the southern states and set out to transform the society by setting up a free labor economy, using the U.S. Army and the Freedmen's Bureau. The Bureau protected the legal rights of freedmen, negotiated labor contracts, and set up schools and churches for them. Thousands of Northerners came south as missionaries, teachers, businessmen and politicians. Some also entered politics. Hostile whites called them "carpetbaggers". In early 1866, Congress passed the Freedmen's Bureau and Civil Rights Bills and sent them to Johnson for his signature. The first bill extended the life of the bureau, originally established as a temporary organization charged with assisting refugees and freed slaves, while the second defined all persons born in the United States as national citizens with equality before the law. After Johnson vetoed the bills, Congress overrode his veto, making the Civil Rights Act the first major bill in the history of the United States to become law through an override of a presidential veto. The Radicals in the House of Representatives, frustrated by Johnson's opposition to Congressional Reconstruction, filed impeachment charges. The action failed by one vote in the Senate. Elected in 1868, Republican President Ulysses S. Grant supported Congressional Reconstruction and enforced the protection of African Americans in the South through the use of the Enforcement Acts passed by Congress. Grant used the Enforcement Acts to effectively combat the Ku Klux Klan, which was essentially wiped out (although a new incarnation of the Klan eventually would again come to national prominence in the 1920s), but was unable to resolve the escalating tensions inside the Republican party between the northerners on the one hand, and those Republicans originally hailing from the South on the other (this latter group would be labelled "Scalawags" by those opposing Reconstruction). Meanwhile, "Redeemers", self-styled Conservatives (in close cooperation with the a faction of the Democratic Party) strongly opposed reconstruction. They alleged widespread corruption by the Carpetbaggers, excessive state spending and ruinous taxes. Meanwhile, public support for Reconstruction policies, requiring continued supervision of the South, faded in the North, largely due to concerns over the Panic of 1873. The Democrats, who strongly opposed Reconstruction, regained control of the House of Representatives in 1874. In 1877, as part of a Congressional bargain to elect Republican Rutherford B. Hayes as president following the close 1876 presidential election, U.S. Army troops were removed from the South, ending Reconstruction and allowing Democrats to return to power. Reconstruction was a significant chapter in the history of civil rights in the United States, and in economic history. After Reconstruction ended, the South remained a poverty-stricken "backwater" dependent on agriculture. White Southerners soon succeeded in re-establishing legal and political dominance over blacks through violence, intimidation and discrimination. Historian Eric Foner argues, "What remains certain is that Reconstruction failed, and that for blacks its failure was a disaster whose magnitude cannot be obscured by the genuine accomplishments that did endure.

Decline Of Parties (1900-1980)

The theory, popular in the last three decades of the twentieth century, that political parties were in decline in terms of membership, functions and important. It was the late David Broder who popularised the idea of party decline in the USA. In the 1970s, he published a book with the title The Party's Over. Broder and others have put forward a number of reasons for concluding that the USA's parties were in serious decline. 1) Parties have lost control over presidential candidate selection. With the rise in importance of presidential primaries, parties no longer choose the candidates. This is now done by voters in the primaries. 2) Parties have been bypassed by federal 'matching funds' in presidential elections. The matching funds- introduced in the mid-1970s - are given to the candidates, not the parties. 3) Television, opinion polls and 'new media' have bypassed parties as the medium by which candidates spoke to and heard from voters. Party rallies and party-organised 'torch-light' processions etc. were the traditional way in which candidates spoke to and heard from voters. Nowadays, politicians increasingly talk to voters through the media of television and the internet, and voters 'talk back' through opinion polls. 4) Campaigns are more candidate-centred and issue-centred than they were. Voters tend to vote more for a particular candidate, or because a candidate holds a certain view on an issue of importance to the voter (such as abortion or the environment), than for the party label. This has also shown itself in the rise of split-ticket voting and of 'independent' voters.

Tragedy of the Commons

The tragedy of the commons is an economic theory of a situation within a shared-resource system where individual users acting independently according to their own self-interest behave contrary to the common good of all users by depleting or spoiling that resource through their collective action. The concept and name originate in an essay written in 1833 by the Victorian economist William Forster Lloyd, who used a hypothetical example of the effects of unregulated grazing on common land (then colloquially called "the commons") in the British Isles. The concept became widely known over a century later due to an article written by the ecologist Garrett Hardin in 1968. In this context, commons is taken to mean any shared and unregulated resource such as atmosphere, oceans, rivers, fish stocks, or even an office refrigerator. It has been argued that the very term 'tragedy of the commons' is a misnomer per se, since 'the commons' originally referred to a resource owned by a community, and no individual outside the community had any access to the resource. However, the term is presently used when describing a problem where all individuals have equal and open access to a resource. Hence, 'tragedy of open access regimes' or simply 'the open access problem' are more apt terms. The tragedy of the commons is often cited in connection with sustainable development, meshing economic growth and environmental protection, as well as in the debate over global warming. It has also been used in analyzing behavior in the fields of economics, evolutionary psychology, anthropology, game theory, politics, taxation and sociology. Although commons have been known to collapse due to overuse (such as in over-fishing), abundant examples exist where communities cooperate or regulate to exploit common resources prudently without collapse. According to the political economist Elinor Ostrom, although it is often claimed that only private ownership or government regulation can prevent the "tragedy of the commons", prudent users of a commons have a natural incentive to voluntarily cooperate in self-regulation, and history exhibits many examples of complex social schemes to sustain common resources efficiently.

Necessary and Proper Clause

he United States is a government of enumerated powers. Congress, and the other two branches of the federal government, can only exercise those powers given in the Constitution. The powers of Congress are enumerated in several places in the Constitution. The most important listing of congressional powers appears in Article I, Section 8 (see left) which identifies in seventeen paragraphs many important powers of Congress. The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such important figures as Alexander Hamilton (who argued that the clause should be read broadly to authorize the exercise of many implied powers) and Thomas Jefferson (who argued that "necessary" really meant necessary). Hamilton's more flexible interpretation makes possible a strong central government, whereas Jefferson's narrower interpretation strengthens states' rights. The famous case of McCulloch vs Maryland considered whether Article I, Section 8 gave Congress the power to create a national bank and, if so, whether the state of Maryland could tax it. For nine days, Daniel Webster and former Constitutional Convention delegate Luther Martin jargued the case before the justices of the Supreme Court. Chief Justice John Marshall, writing for the Court, found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland's taxation of the bank violated the Supremacy Clause. U. S. vs Gettysburg Elec. Ry. Co. (1896) considered whether Congress had the power to condemn a railroad's land in what was to be Gettysburg National Military Park. Writing for the Court, Justice Peckham found that the power to condemn the railroad's land was implied by the powers of Congress to declare war and equip armies because creation of the park "tends to quicken and strenghten" the motives of the citizen to defend "the institutions of his country." Skipping forward more than a century to the modern era, we see the Court in U. S. v Comstock (2010) give an especially broad reading to the Necessary and Proper Clause. In Comstock, the Court upheld a federal law that authorized the continuing detainment, under a civil commitment program, of potentially dangerous sexual offenders who had completed their prison terms. The Court found the law "reasonably adapted" to a "legitimate" and constitutional end of government, and therefore to be constitutionally supported by the Necessary and Proper Clause. Writing for the Court, Justice Breyer said the fact that the law was several steps removed from any of the enumerated powers of Article I was not fatal. Justices Thomas and Scalia dissented, arguing that the law "executes no enumerated power," and was therefore unconstitutional.


Set pelajaran terkait

Seleccionar, Lesson 10 - CONTEXTOS

View Set

Chapter 14: Infection & Human Immunodeficiency Virus Infection

View Set

The House of Mango Street Comprehension

View Set