Intro to American Government I - Chapter 3, 4, and 8

The textbooks used are Governing Texas (7th Edition) and We The People (15th Edition). This goes over the Texas in the Federal System, Public Opinion and the Media, Federalism, Civil Liberties, and Political Participation and Voting chapters of those textbooks. Specific course is Intro to American Government I (POLS-2301)

federalism

sharing of power between central and regional/state, while some have expressed/specific powers

• solves problems in articles of confederation

sovereign

possesing supreme political authority within a geographic area

federal system

diverse backgrounds, own laws and policies, has competition

• national → states and people of states

• states → people of states

confederal system

loose union of sovereign nations with a weak federal government

• states → federal and people of states

unitary system

dominated by central government, lower levels have little power and only implement central’s decisions

• national → people

intergovernmental relations

federal, state, and local negotiate and compromise over policy and responsibility

• policy varies due to ideological differences

national powers

• expressed: 17 powers given in the constitution

• implied: interpreted, not written

where are the expressed national powers in the constitution?

• congress: article 1, section 8

• president: article 2

where are the implied national powers in the constitution?

• ending paragraph of article I, section 8/elastic/necessary and proper clause

mcculloch vs maryland (1819)

congress has the power to charter a bank, helped create the necessary and proper/elastic clause

elastic/necessary and proper clause

central government gets unexpressed powers to do its job

• ending paragraph of article I, section 8

supremacy clause

national government law > state and local government law

• article VI

judicial review

power of the courts to review actions of the other branches to see if they’re constitutional or not

• not in the constitution, happened thanks to marbury vs madison (1803)

state/reserved powers

powers of coercion/police power

• 10th amendment

powers of coercion/police power

power of the state government to regulate health, safety and morals

• health and safety rules

• regulate families

• define property

• develop and enforce criminal codes

concurrent powers

shared by federal and state

• charter banks, licensing, taxing, policing, maintaining the courts, building roads, etc

full faith and credit clause

states must honor other state decisions as legal and valid, excluding strong public policy

• article IV, section 1

• loving v virginia: recognizing an interracial marriage in different states

• obergefell v hodges: recognizing same-sex marriage in different states

public policy exception

full faith and credit clause doesn’t have to be obeyed when they violate strong public policy

privileges and immunity/comity clause

states cannot grant special privileges to their residents or discriminate against citizens of other states

• fugitive return to og states

• article IV, section 2

article I, section 10

compacts between states are legally binding ways to solve problems

local government in the constitution

aren’t outlined, left up to the states to establish

home rule

powers delegated by the state government for the local government to manage their own affairs

• non interference

dual federalism took place from

1789-1937

dual federalism

2 layers of government, very distinct divide

• federal: small, only for foreign affairs and assisting commerce via encouragement

• state: day to day life, most power

  • economic regulations

  • property law

  • civil and criminal law

gibbons vs ogden (1824)

national commerce law trumps state commerce law

• commerce clause

commerce clause

congress can regulate commerce between states, foreign nations, and native american tribes

• article I, section 8

us v lopez

struck down gun-free school zones act as it was outside of the commerce clause

herbert hoover (1928)

the great depression of the 1930s

• 25% unemployment

• state and local should handle it

FDR (1932)

new deal

• expanded powers and made the federal government more active

• used states to meet federal goals

• expanded social programs, school lunches, and highways

NLRB vs jones and laughlin steel corp (1937)

dual federalism favored business post-civil war, but this brought about the end of it

• expanded national government power over commerce

cooperative federalism took place from

1937-1960

cooperative federalism

more cooperation between federal and state, division between federal and state becomes less clear

• caused by NLRB vs jones and laughlin steel corp (1937) ruling

grants-in-aid programs/what is a grant

money spent on federally predetermined purposes

matching grant

matches how much money is put in

• state gives $, federal essentially pays it off, back to neutral

categorical grant

money spent on a specific purpose

• 90% federal, 10% state money

formula grant

federal formula is used to give money

project grant

state/local gov submit proposals and compete for funding

block grant

states have discretion in how to spend federal money

• brought by new federalism

regulated federalism took place from

1960-1970s

regulated/coercive federalism and national standards

one size fits all states through grants and regulations

• unfunded mandates

• preemption

unfunded mandates

federal says states must do something but they do not give any funds, the states have to fund it themselves

no child left behind

technically an unfunded mandate, increased accountability and testing of students

preemption

national government can override state/local law in certain areas

fractious federalism has taken place since

2000

fractious federalism

partisan identity influences whether state officials cooperate with national policy

independent state grounds

states can expand rights beyond those provided by the us constitution

state’s rights

states distrust growing federal authority

• big prior to the civil war

• tarnished by racism

  • reason why the civil happened

  • southern manifesto against integration

• nullification

• 10th amendment

nullification

states don’t carry out federal law

deferred action for parents of americans and lawful permanent resident (DAPA)

obama admin decision to help undocumented immigrants who have lived in the US since 2010 and have children that are either American citizens or lawful permanent residents avoid immediate removal

• challenged

deferred action for childhood arrivals (DACA)

obama admin decision that undocumented immgirants brought to the US as children would nt be deported

• challenged

individual mandate

requirement of the affordable care act/obamacare that health insurance be purchased

• challenged

new federalism took place from

1970s-now

new federalism

returning state power due to lack of coordination

• reagan + nixon used block grants for this

• can be used to cut overall spending

• revenue sharing

• devolution

revenue sharing

1 unit of government yields a % of tax revenue to another unit of government with no strings attached

devolution

policy responsibility shifts down from federal to state or local

• 1970s

• flexible

• can help with policy diffusion

policy diffusion

policy decisions in a political jurisdiction are influenced by choices made in another

renewed federalism

arguably now

• still struggle between federal and state

• currently prioritizes innovation and diffusion

• unfunded mandates are still an issue

• many policies are still an issue

  • welfare reform

  • immigration

  • marijauna

  • abortion

  • preemption

redistributive programs

transfers income through taxing and spending

• helped people in poverty

civil rights

government responsibility to protect citizens, prevents discrimination

civil liberties

protection of citizens’ personal freedoms from government power/interference

• bill of rights

  • limits national government

habeas corpus

judge must review one’s cause for detention/imprisonment to see if it is legal

• article I, section 9

• only suspended during rebellion or invasion

bill of rights

ratified in 1791, pushed by the antifederalists

• first 10 amendments

• citizens have additional civil liberties not in the document

selective incorporation

process by which different parts of the bill of rights were incorporated into the 14th amendment, protecting citizens from the state as well, not just the national government

• only 3rd and 7th aren’t officially incorporated

1st amendment

freedoms of RAPPS

• religion

  • establishment clause

  • free exercise clause

• assembly (1939)

• press (1931)

• petition

• speech (1925)

establishment clause

wall of separation between church and state

• lemon v kurtzman (lemon test)

  • kennedy v bremerton (2022): changed this, free exercise > establishment usually

lemon v kurtzman (lemon test)

• government action towards religion is fine as long as it is secular and doesn’t promote/inhibit religion

free exercise clause

right to practice or not practice any religion

freedom of the press

• can’t prevent publishing/do prior restraint

• can be compelled to reveal sources

• can be sued for libel/slander

prior restraint

government blocks the publication of material that it thinks is libel or harmful

• mostly forbidden

• near vs minnesota

libel

written statement made in disregard of the truth that is damaging to a victim

slander

spoken statement made in disregard of the truth that is damaging to a victim

freedom of speech

• absolute: political speech, truth, symbolic, political ads

• conditional: hate speech (usually fine though), student speech, commercial speech, libel, slander, obscenity, speech plus (action), fighting words

  • student speech: tinker v des moines, morse v frederick, it really depends on how much it disrupts learning or causes harm

  • private regulation makes this also a little unclear

clear and present danger test

speech can be limited if it causes an immediate and clear and present danger

fighting words

incites damaging conduct, but also kinda dicey at times

speech plus

speech accompanied by conduct like sit-ins, picketing, demonstrations

• conditional, depends on state and local restrictions and interpretations of public order

2nd amendment

you have 2 arms

right to bear arms to establish a militia

• district of columbia v heller: dc law that banned handguns was overturned

• mcdonald v chicago: chicago ordinance to own a gun in city limits was overturned

• new york state rifle and pistol association inc v bruen: public carry is a right

• us v rahini: some people can be barred from having guns

3rd amendment

no quartering of soldiers during peacetime

due process

procedural civil liberties, rights of the accused

• 4, 5, 6, 7, 8

4th amendment

what are you looking 4

your rights before and during arrest

warrants are needed, no unreasonable searches or seizures

• exclusionary rule

exclusionary rule

evidence obtained illegally is inadmissible in court

• us v grubbs: fine if its anticipatory warrants

• us v jones: gps attached to vehicle is bad

• maryland v king: dna testing of arrestees is fine

• riley v california: no taking a cellphone to look through it

• whren v us: minor traffic stops for vehicle searches are fine

5th amendment

your rights to a fair trial

• right to a grand jury

• no double jeopardy

• no self incrimination

• due process rights

• property rights

  • takings clause

grand jury

jury determines on whether sufficient evidence is there to justify a trial

double jeopardy

a person cannot be tried twice for the same crime

miranda rule

miranda v arizona

• prior to police interrogation of rights to remain silent and have legal counsel

• very loosened now

takings clause

can’t take public property without just compensation

• eminent domain

eminent domain

government can take private property for public use

6th amendment

your rights during a criminal trial

• speedy trial

• jury trial

• right to an attorney

7th amendment

your rights during a civil trial

trial by jury in civil cases

8th amendment

your rights after trial

NO

• excessive bail or fines

  • supported by timbs v indiana

• cruel or unusual punishment

  • controversy over jones v mississippi letting juvenile offenders get life in prison

  • death penalty controversy

death penalty

due process must be followed, state decides methods

• not very often

• very controversial

9th amendment

people still have more!

people have rights that aren’t in the Constitution

unenumerated rights

rights that aren’t in the constitution

right to privacy

interpreted from the 1st, 4th and 9th amendments

right to be left alone from griswold v connecticut

• controversies

  • birth control: yes

  • abortion: states now decide

    • roe v wade: yes

    • dobbs v jackson: no

  • homosexuality: yes

    • obergefell v hodges

  • right to die: depends

10th amendment

some of the more is at the state level

powers not delegated to the federal government go to the states or people

• states’ rights, reserved powers

public opinon

attitudes citizens have about public policies, politicians, political institutions, and events

political socialization

the process by which individuals acquire political information and develop their political

• family

• school

• religion

• socioeconomic group

• events

• the media

• elected officials

political efficacy

belief that you can make a difference in politics

political ideologues

frameworks/belief systems that frame how people think about the world and politics

informational shortcuts/heuristics

people using informational cues from family, friends, or political leaders about politics