Day 5 notes
Day 5 notes 1100
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This 3 page Class Notes was uploaded by Kelly Jo Kiess on Friday February 19, 2016. The Class Notes belongs to 1100 at University of Colorado Colorado Springs taught by Dr. Foster in Winter 2016. Since its upload, it has received 26 views. For similar materials see THE AMERICAN POLITICAL SYSTEM in Political Science at University of Colorado Colorado Springs.
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Date Created: 02/19/16
Day 5 notes 2/16/2016 Federalism 17891932: Dual Federalism Normal pattern: Layer cake metaphor Layer1 Federal government operates under its rules Layer2 States operates under their rules – Barren v Baltimore (1833) th Sued Baltimore over 5 amendment Bill of Rights only apply to national government, not the states Expansion of national power 1. McCulloch v Maryland (1819) Wanted to build a bank Maryland decided it was illegal powers of Congress, nowhere says anything … about a bank Necessary and Proper clause congress’ relation to finances National Government cannot be taxed by the state –Chief Justice said “power to tax is power to destroy” Supremacy Clause 2. Gibbons v Oregon (1823) Interstate regulation, was delegated by National Government Commerce Clause 3. State’s Rights a. Compact theory b. Alien and sedition acts 1798 interposition: overly critical of the president or his admiration American citizens could be jailed, French citizen’s cold be deported Interposition states were supposed to intervene c. Secession war of 1812 Northeast is killed commercially business are failing THE WAR WAS ENDED SO THE STATES DIDN’T SECEDE d. Nullification 1832 J.C. Calhoun (VP for Andrew Jackson, and Senator of SC) Concurrent majority decisions have to be made by consensus not simple majority if a state is going to be impacted by a decision of the national government, that state must be included in the decision, if the state says no, the law should be vetoed. e. Dred Scott v Sanford major case involving slavery Dred Scott was a taken to Minnesota and then taken back to Missouri his case was that he had been freed and wasn’t a slave anymore Taney decided that Scott was property and could be taken anywhere. DECLARED the Missouri Day 5 notes 2/16/2016 Compromise states above the Mason Dixon line were Free states, states below the line were slave states. Chief Justice Taney found a RIGHT in the constitution the right to own slaves substantive due process, finding a right that exists in the constitution that really isn’t there. 4. Civil War and reconstruction Lincoln wanted to show passion to the South after assassination, slaves were in the hands of Radical Republicans Amendments: XIII abolishes slavery XIV due process and equal protection XV guaranteed the right to vote to newly freed male slaves Reconstruction and its political after math free black slaves were voting for the Republican Party thought they owed their freedom to the Republicans until the FDR’s New Deal “Solid south” every state in the south was democrat 5. Postcivil war economy Progressive movement national government needs to be empowered Amendment XVI gives Congress the power to tax individual incomes Amendment XVII makes senators directly elected by voters changed the way the senate would view itself dominant force went from rural communities and farmers to cities and city voters, senate became more supportive of national power Teddy Roosevelt republican progressive William Howard Taft republican progressive Woodrow Wilson democrat progressive 19331964: Cooperative federalism Marble cake: national government and state governments were more involved with each other 1. FDR New Deal a. Grants in aid monies that move from national government to the states i. 16 amendment federal control is being exercised over control of grants b. Categorical (formula) States had to spend money in particular categories for that specific category Day 5 notes 2/16/2016 Formula on how to receive money Unemployment certain amount of $$$ per person c. Wickard v Filburn (1942) FDR regulated the supply for farmers they weren’t allowed to produced whatever they wanted, they could only produce what was allowed, Filburn was over producing but using excess on himself and his own farm, not for profit within the interstate commerce. d. Social Security Act 1935 General welfare clause congress can spend for the general welfare 2. WWII aftermath Internationalism Cold war Military industrial complex Involvement in foreign affairs – national government’s business states are not involved 3. 1950’s and 1960’s a. Brown v Board of Education, Topeka KS 1954 Abolished segregation schools couldn’t deny students based on race b. Civil Liberties i. Mapp v Ohio Unreasonable search and seizure (exclusionary rule) ii. Miranda v Arizona Selfincrimination 4. 19651980 Centralized Federalism a. LBJ creative federalism i. Wants to build a great society declares war on poverty b. Richard Nixon permissive federalism i. General revenue sharing ii. Block grants 1. Amount of money allowing them to use it how they wanted iii. Southern strategy 1. 1948 democratic national convention democrats take strong position on civil rights white southern democrats walked out slowly whites begin to vote republican and the children were leaving the democratic party and becoming republicans
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