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Government Notes from 9/30/16

by: Max Miller

Government Notes from 9/30/16 PSCI 1040

Marketplace > University of North Texas > Political Science > PSCI 1040 > Government Notes from 9 30 16
Max Miller

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These are my notes from class today, we went over examples of Federalism and discussed the issue of whether the states should have power over the federal government or the other way around. Prof...
American Government: Laws and Institution
Gloria Cox
Class Notes
federalism, Government
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This 4 page Class Notes was uploaded by Max Miller on Friday September 30, 2016. The Class Notes belongs to PSCI 1040 at University of North Texas taught by Gloria Cox in Fall 2016. Since its upload, it has received 33 views. For similar materials see American Government: Laws and Institution in Political Science at University of North Texas.


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Date Created: 09/30/16
Class: PSCI 1040 Reminders: Date: 9/30/16 Extra credit quiz on the debates due Topic Covered: Federalism FRIDAY EVENING!!! Created By: Max Miller Test 2 is on 10/19/16 and will cover Ch. 3 and 4! Crash Course “Federalism” on YouTube: Notes:___________________________________________________ Today’s lecture covered stories about Federalism, different court cases and such, but most importantly the conflict between the states and the federal government for the final say on what laws are to be enforced. o The examples given today range from 1833 to the Civil War, to Reagan, and even current Texas Governor Greg Abbott o These examples illustrate the issues that defined the U.S. in the 1800s are the same issues that still define the U.S. today Also, Prof. Cox will be posting the slides from class today, but there is a lot about the slides that she told the class verbally that won’t be on the slides, including a likely test question or two. Barron v. Baltimore o Supreme court case in 1833 o Background: Barron owned a wharf in Baltimore and charged ships for docking there and unloading their cargo, but the city of Baltimore, while doing street construction, made the water in the wharf too shallow for Barron’s clients to get their boats to the docks o Barron sued the city under the Bill of Rights, saying that the city had destroyed his property, and the Bill of Rights guarantees life, liberty and property o The supreme court ruled that the Bill of Rights cannot be applied to city governments Key point about the shift in power from the federal government to the states: o There was a change in Chief Justice of the U.S. Supreme Court  John Marshall served as Chief Justice from 1801 to 1835 and he favored the national government and made many ruling in that regard, like McColluck v. Maryland, that we discussed last class  Roger Taney became Chief Justice in 1836 and served until 1864, he however favored states’ rights and is famous for the Dred Scott Decision The Doctrine of Nullification o The doctrine of nullification says that a state should be able to decide that a federal law was not valid within its borders and will not be enforced and that the federal laws would not take effect unless supported by ¾ of the states o Ex: Alabama Chief Justice, Roy Moore, who was recently suspended for telling his enforcing officers that they are not to enforce the same sex marriage ruling in the state of Alabama o This doctrine completely destroys national supremacy, by theory o Theory behind nullification  That the states were the ones who created the constitution and that the federal government has no right to enforce laws that aren’t specifically stated in the constitution  That the federal government exists as the will of the states o John C. Calhoun is famous for backing the doctrine of nullification Webster/Hayes Debate on the topic of nullification o Senator Daniel Webster of Mass. And Senator Robert Hayes of South Car. on January 19 – 27, 1830 o Hayes famously said “Liberty first and union afterwards” o Webster retorted “Liberty and union, now and forever, one and inseparable”  Prof. Cox commented that this is a very good thing to make a test question about… just btw South Carolina’s conflict with the federal government in 1832 o South Carolina called a convention within the state and passed an ordinance of nullification for a tariff, that the federal government had recently passed, and that was hurtful to South Carolina o President Andrew Jackson, in response, issued a proclamation to South Carolina saying that “disunion by armed forces is treason”  Then, Congress passed a Force Bill that authorized the use of military force to collect the tariff in South Carolina o Jackson meant that if South Carolina resisted the military force collecting the tariff, then that would treated as a treasonous act The Doctrine of Nullification in the South o The doctrine of nullification was used by the Southern states to justify slavery, despite the Emancipation Proclamation  Chief Justice Taney said that a slaves “were never thought of or spoken of except as property”  South Carolina said that congress could not ban slavery in the territories as slaves were property and congress could not interfere with property rights in the states  ^^ Prof. Cox said that this will likely be a test question The Civil War o Yes, it was a war about slavery o But, it was also a war about who was in charge  The states v. the federal government  More specifically the south v. the federal government o Amendments made during/after the Civil War  The Thirteenth Amendment  This outlawed slavery  The Fourteenth Amendment  This defined citizenship and included a due process clause  The Fifteenth Amendment  This gave newly freed men the right to vote Reasons for the decline of states’ powers since the Civil War o Prof. Cox said that she will be going over the below points in detail on a later date, she just wanted to go ahead and give us the list o To the best of my knowledge, that information is on the slides that were posted on Blackboard #1. The Fourteenth Amendment #2.The Sixteenth Amendment a. Gave the federal government the right to collect a federal income tax #3.The New Deal a. Established Social Security and other government subsidies such as old age pensions, disability payments, unemployment insurance, etc. #4.Brown v. The Board of Education a. And the civil rights movement in general #5.Refusal of the states to protect civil rights #6.Refusal of the states to protect the rights of person’s accused of a crime a. Ex: coerced confessions #7.Use of the Commerce Clause Re-emergence of the Issue o Ronald Reagan in 1981, in his inaugural address, said that the federal government did not create the states, but that the states created the federal government  Reagan’s appointments to government positions upheld his view of states’ rights over federal rights o Governor Abbott’s Plan  Gov. Abbott proposed a plan in January of this year that is very pro states’ rights  Some of his points are as follows:  That Congress should not be able to regulate something that happens entirely within one state  That Congress should be required to balance their budget  That there should be a 2/3 override rule for any supreme court ruling o Which means that he thinks that if 2/3 of the states disagree with the court ruling then it should be nullified  That there should be a 2/3 override on any federal law or regulation as well


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