Lecture 4: Federalism + Lecture 5: Civil Rights + Political Landscape of Civil Liberties

10th Amendment

States that the Federal government has only the enumerated powers listed in the Constitution- provides balance between national and state governments

Supremacy Clause

States that federal law is the Supreme Law of the land- does not grant the fed government the power to do whatever it wants, because it still has to abide by the limits outlined in the Constitution

Spending Clause

National government can levy taxes and supply funds, and attach conditions to these funds as they saw fit

Full Faith and Credit Clause

States must respect the laws of neighboring states

Necessary and Proper Clause

Federal government has power to enact all laws it saw as “necessary and proper” for the general welfare and for it to carry out its duty

Commerce Clause

Federal Government has power over state commerce- debate is around whether it means interstate commerce or intrastate commerce- reflecting the changing interpretation of the Constitution

National Supremacy Period

Nationalism takes hold, period centered around national supremacy doctrine held in McCulloch vs Maryland, states that state laws cannot infringe on federal policy

Dual Federalism (1837-1937)

Madison stated that matters “in the ordinary course of affairs, concern the lives of citizens” are left to states

Federal government has its own separate role

Shared Federalism

Federalism that shares power between states and federal government: "fiscal federalism” was a big part of this- federal government sends payment to state governments

Competitive Federalism

Period of federalism in which states compete for policy reformations in order to gain an advantage (prisoners dilemma)

New Deal Policies

Policies enacted by 

Great Society Programs

Programs introduced by Lyndon B Johnson in the 1960s, providing federally funded programs such as Medicaid and school funding as part of his Great Society agenda

Plessy vs Ferguson

Case in which Plessy challenged a Lousiana that supported the separation of bus seating by race- Supreme Court ruled that the “separate but equal” doctrine protected Louisiana law under the 14th amendment

De Jure vs De Facto Segregation

De jure: legal segregation

de facto: separation due to “private decisions made by individuals” current issue: affirmative action 

9th Amendment

States that citizens rights extend beyond what is listed in the Constitution