Week 4 GOVT 2306.003 Notes from days 8, 9, and 10 Includes Chapter 3 Reading
Week 4 GOVT 2306.003 Notes from days 8, 9, and 10 Includes Chapter 3 Reading GOVT 2306.003
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This 8 page Class Notes was uploaded by Austin Bartlett on Tuesday February 2, 2016. The Class Notes belongs to GOVT 2306.003 at University of Texas at Dallas taught by Brian Bearry in Fall 2015. Since its upload, it has received 103 views. For similar materials see State and Local Government in Political Science at University of Texas at Dallas.
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Date Created: 02/02/16
GOVT 2306 Day 8 Material that will be covered on the exam* 1. Federalism a. Division of power between national and state governments i. This is part of dual sovereignty in the nation ii. Dual sovereignty is the two governments we live under the state and national governments iii. Means we also live under two constitutions b. Federalism is there to produce happiness c. The US Constitution in the Federalist system is the highest constitution in the nation 2. Things to understand* a. Preemption b. Mandates c. Branch made decisions 3. US Constitution a. Article 1 Section 8 i. Express powers (explicitly) given to the national government ii. Also contains the necessary and proper clause (implied) powers 1. Congress can carry out other powers also allows explicit powers to be enforced 2. Ex. Army/Navy draft answers to the US Constitution because of this clause b. Article 1 Section 10 i. Compact Clause 1. Gives the states the authority to enter into binding agreements with other states 2. Ex. Drivers license compact, states recognize each others driver’s licenses as forms of identification c. Article 2 i. Electoral College 1. Concern of the North was the election of a Southern president and vice – versa 2. Focuses on regionalism 3. Created the electoral college to vote by dispersing votes, this gives the states more power d. Article 4 Section 1 i. Full faith and credit clause 1. Each state must recognize the records and judicial proceedings of other states 2. Ex. Marriage across borders, also purchases across borders ii. Translates into less conflicts between the states e. Article 4 Section 2 i. Privileges and immunities clause 1. No state can discriminate against citizens of other states a. Means people have the same rights and privileges 2. Public policy exception a. States with unique benefits are these exceptions b. Ex. States can deny in state tuition to non-residents of the state f. Article 5 i. Constitutional Amendments 1. Requires 2/3 of the state legislature 2. Requires 2/3 of Congress 3. Only states have power to amend the Constitution g. Article 6 Section 2 i. Supremacy Clause 1. When state and federal law conflict federal law is rendered superior 2 2. Has an effect on the laws that the states create ii. Preemption 1. Derived from supremacy clause 4. Positives of Federalism a. States as policy laboratories i. Creation/innovation of good policy making b. The states create law and it gets copied/emulated by the other states c. Allows for increased individual political participation d. Provides a barrier to increased Federal power i. Power concentrates and increases ii. The state constitutions prevent the power from coalescing in the federal iii. States can attack the federal authority 5. Negatives of Federalism a. Local governments don’t have the resources to take care of certain issues b. Interest groups when mixed with local government can take over that local government c. Too many levels of government can stifle political participation Day 9 1. Key Concepts of Rights a. Source of Rights i. Classical natural law ii. Positive Rights b. Sovereignty and consent i. Who governs ii. Who has power c. Positive rights i. Manmade rights 1. These rights are flawed because people make laws that benefit themselves a. Rights are grounded in public power b. Free to believe what we want 3 i. People cannot ground rights in religion to cover everyone ii. Means our rights are grounded in nature iii. Social Contract Theory 1. This is what keeps people in line 2. Religion and the law 3. This is because nature without the law is inherently violent c. All living things have the desire to survive d. Right to self preservation exists and you have the right to obtain it i. If violence harms self preservation nature says to seek peace for self preservation ii. The government protects people’s rights to self preservation e. Freedom helps secure our survival f. Equality is also a right that helps survival ii. Whoever holds the property holds the power d. Arguments for a national bill of rights i. Necessary for protection of individual rights against political oppression 1. This is due to the fear of religion, didn’t want religion to govern the people e. The Bill of Rights i. Amendment 1 1. Freedom of religion, speech, press/assembly and petition ii. Amendment 2 1. Bear Arms iii. Amendment 4 4 1. Search and arrest warrants iv. Amendment 5 1. Criminal case right, also contains eminent domain v. Amendment 6 1. Rights to a fair trial vi. Amendment 7 1. Rights in civil cases vii. Amendment 8 1. Establishing bails, fines, and punishments Day 10 1. Bill of rights Continued i. Amendment 9 1. Rights retained by the people 2. This is a catch all for the non-enumerated rights of the people ii. Amendment 10 1. Powers retained by states and people, most non-delegated powers go to the states 2. Texas Bill of Rights a. This is the first article in the constitution of Texas b. It contains 32 Sections c. Section 1 i. Freedom/Sovereignty ii. Right to local self government knowing what a local people need to increase happiness d. Section 2 i. Right of popular sovereignty and popular government ii. The political power belongs with the people iii. If government becomes abusive it can be removed e. Section 3 i. Equality ii. 3a Equality under the law 5 1. This is the US Constitutional Amendment 14 f. Section 4 i. No religious tests for office g. Section 5 i. Witnesses should not be disqualified by religious belief, oaths, and affirmations h. Section 6 i. Freedom of worship st ii. US Constitution 1 amendment i. Section 7 i. Can’t use public money for religion j. Section 8 i. Freedom of speech, press, and libel k. Section 9 i. No searches/seizures ii. US Constitution 4 amendment l. Section 10 i. Rights of accused in criminal prosecutions th th ii. US Constitution 5 /6 amendment m. Section 11 i. Bail n. Section 12 i. Habeas Corpus cannot be jailed without charging ii. US Constitution Article 1 Section 4 o. Section 13 i. Excessive bail/fines and unusual punishment p. Section 14 i. No double jeopardy q. Section 15 i. Trial by jury r. Section 16 i. Bills of attainder/Ex Post Facto laws ii. No impairing contract obligations s. Section 17 i. Damaging property for public use 6 ii. Privileges and immunities t. Section 18 i. No prison for debt u. Section 19 i. Due course of the law v. Section 23 i. Right to bear arms w.Section 24 i. Civilians are greater than the military x. Section 27 i. Right to assembly or local governments y. Section 28 i. Suspension of laws z. Section 32 i. Marriage is between a man and women, other marriages aren’t recognized ii. This was overturned in Obergefell v. Hodges Chapter 3 Pages 90 – 101 1. Coercive Federalism* a. Federal policies that force states to change their policies to achieve national goals 2. Unfunded Mandates* a. Federal requirements that states or local governments pay the costs of federal policies 3. Preemption* a. Where the national government imposes its priorities and prevents the state from acting in a particular field 4. Federal bill of rights a. Was incorporated into the states 5. Sanford Dictum a. First amendment right of free speech was a fundamental right that applied to the states 6. Selective incorporation 7 a. Rights in the Bill of Rights that the Court believes are fundamental and are held to apply to the states as well as national government 7. Separate but equal* a. An interpretation of the equal protection clause that allowed for segregation to take place in the south 8. Independent State Grounds a. Allow states usually under the state constitution to expand rights beyond those provided by the US Constitution 8
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