Pol 101, Week 3 of Notes
Pol 101, Week 3 of Notes Pol 101
Popular in Introduction to American National Government
Popular in Liberal Arts
This 7 page Class Notes was uploaded by Michaela Musselman on Monday February 22, 2016. The Class Notes belongs to Pol 101 at University of Mississippi taught by Heather Ondercin in Spring 2016. Since its upload, it has received 49 views. For similar materials see Introduction to American National Government in Liberal Arts at University of Mississippi.
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Date Created: 02/22/16
Check Your Knowledge What is Republicanism? What was the issue of slavery important when writing Article I of the Constitution? According to the Constitution, what is the basic structure of the judicial branch? Federalism A central and regional government share and divide up the power Concepts of Federalism o Dual Federalism: Federalist powers are clearly defined across levels of government- the state government has its power and the national government has its separate power. o Cooperative Federalism: A federalist system where the different levels of government share the powers across the same set of issues. Dual Federalism There are four elements of dual federalism o National government rules by enumerated powers o National government has limited set of constitutional powers o Each government unit is sovereign within its own sphere o There is tension between the state and federal governments, as the powers are constantly being debated Cooperative Federalism There are three elements of cooperative federalism o National and state agencies undertake actions jointly o National and state governments share powers o Power is not concentrated at any one level The critical difference in cooperative federalism and dual federalism in the US is Elastic clause (Necessary and Proper clause, Article 1 Section 8) and the 10 Amendment. This amendment reserves power for the state or people that is not given to the government. The Necessary and Proper Clause gives the federal government its own separate power also. Advantages of Federalism The states act as policy laboratories o The government can try out policies in one state without affecting another. Depending on the results, other states can then move forward with more knowledge about how a certain policy will affect them. Disperses Power o No one part of the government gets too much power Evens out inequality across the states o Every state government has a representative vote in the House and the senate and can make their own policy decisions within the state Disadvantages of Federalism Makes government difficult to understand Economies of scale are lost Many functions of government are repeated across states and localities Local prejudices enter into law How Do We Decide Where the Authority Goes? Supremacy Clause (Article IV) o This article states that when state and federal laws go head to head, federal law wins o It always take precedent over state law Debates about Power McCullough V Maryland (1819)- John Marshall o Can the Federal government create a bank? This falls under the Necessary and Proper clause. Whatever the federal government deems is necessary and proper can be done. o Can the state of Maryland tax that bank? The popular opinion is that the power to tax something is the power to destroy If you can tax something, you can tax it to the point of death. The Supreme Court ruled in favor of the supremacy of the federal government, deciding that a state cannot tax a federal entity. Nullification o Many states have tried to just nullify federal laws that they don’t like but, of course, that isn’t how it works. Who has the Power? Powers are granted to congress Commerce Clause o Congress can regulate commerce with foreign nations, across state lines, and with Native American tribes. What is Commerce? Wickard v Filburn (1942) o Roscoe Filburn is a farmer who grows wheat for on-farm consumption. He does not ship or sell his wheat off the farm o During the Great Depression, Congress acted under the authority of the commerce clause to limit the amount of wheat production, to try and stabilize food prices. o Filburn is ordered to destroy his crops and pay a fine. Check Your Knowledge Answers A form of government in which the power resides with the people and is exercised by elected officials It was an issue of how to count slaves for representations. The slave states wanted more representation in government, but could only get it if they counted slaves. So they counted them as a little over half of a person. The constitution only states that it exists. Check Your Knowledge What is the significance of the Necessary and Proper Clause? What is devolution? What is selective incorporation? Freedom of Religion Free Expression of Religion o Individuals have the right to practice their religion in any way shape or form and may not be impeded by the government o Only exception: Animal or human sacrifice, rape, murder, etc. Establishment Clause o Congress shall make no law respecting an establishment of religion o Congress cannot favor or put down any religion. None are supported by the federal government; it is designed to be neutral. Lemon Test o The lemon test is a test applied to laws to determine if it establishes religion The law must have a secular (non-religious purpose) The primary effect of the law must not enhance or inhibit religion The law must not entangle government exclusively with religion Civil Liberties: Post 9/11 After 9/11, the issues listed below were allowed and encouraged in an effort to keep America safe from terrorism, starting with keeping your identity th secret while you are in prison. The amendments following (including the 4 amendment under the next heading) prevent these things from happening to American citizens, under the rule of the Constitution. Traditional Dilemma: Order v Freedom Illegally obtaining evidence about you to accuse you of a crime th o 4 Amendment: Prevents illegal searches and seizures of Property o There must be probable cause to search or obtain o If evidence is obtained illegally, it is inadmissible in a court of law. However, this is only the case is the officer’s actions were deliberate, meaning if he or she knew the search and seizure was unlawful. To keep your identity secret while you are in prison o Article 1, section 1: Habeas Corpus (Having the body) o Should the government be able to keep your identity secret while you are in prison? o The problem with this is that family and loved ones cannot find you if you are taken to prison and it isn’t made public o You can also be tortured by the government without anyone knowing To try you before a military judge, not a civil jury o 6 Amendment: Right to counsel, trial by jury, and confronting your accuser. o Not only does the military have a different judicial system than the general population, a military judge would be subject to prejudices and the word of government officials To listen in on your conversation with your lawyer o 5 Amendment: Self-Incrimination Miranda v Arizona: established Miranda rights th o The 5 amendment protects you from incriminating yourself in a court of law. You cannot be forced to admit anything To prevent you from appealing a court decision th o 5 amendment: due process Check Your Knowledge Answer It gives the government authority that is not specified in the constitution Returning powers back to the state The process by which the Bill of Rights was applied to the states
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