Untitled Flashcards Set

Study Guide: Federalism and Nationalism

Overview of Federalism

• Definition: Federalism is the division of power between national, state, and local governments.

• Purpose: Balances power, promotes innovation, and prevents tyranny.

• Challenges: Disputes over authority, efficiency, and policy implementation.

Historical Context

1. Early American Government

   • Unitary System: Centralized power (e.g., British rule).

   • Confederation: Weak national authority (e.g., Articles of Confederation).

   • Federal System: Hybrid of shared and separate powers (U.S. Constitution).

2. Key Constitutional Clauses

   • Commerce Clause: Congress regulates trade.

   • Necessary and Proper Clause: Expands federal power.

   • Supremacy Clause: Federal law overrides state law.

   • Tenth Amendment: Reserves powers to the states.

Types of Federalism

1. Dual Federalism (Layer Cake) (1789–1933)

   • Clear separation of responsibilities.

   • National: Defense, currency, interstate trade.

   • State: Education, law enforcement, public health.

2. Cooperative Federalism (Marble Cake) (1933–1981)

   • Federal and state governments collaborate.

   • Grants-in-aid: Federal funds with conditions.

   • New Deal expanded national influence.

3. Contested Federalism (Super-Swirl Cake) (1981–Present)

   • Power shifts between national and state governments.

   • New Federalism: More state control, block grants.

   • Progressive Federalism: States innovate within national guidelines.

   • Partisan Influence: Shifts in authority based on political ideology.

State vs. National Power Debate

1. Advantages of State Power

   • Localized policies fit specific needs.

   • Encourages innovation ("laboratories of democracy").

   • Protects individual rights (e.g., early same-sex marriage laws).

2. Advantages of National Power

   • Ensures fairness and uniformity.

   • Coordinates crisis responses (e.g., disasters, pandemics).

   • Prevents "race to the bottom" in regulations.

Supreme Court & Federalism

• McCulloch v. Maryland (1819): Expanded federal power via implied powers.

• Recent Trends: Courts shift between supporting national or state authority.

• Key Cases Favoring National Power:

  • Obergefell v. Hodges (2015): Legalized same-sex marriage.

  • King v. Burwell (2015): Supported Affordable Care Act.

• Key Cases Favoring State Power:

  • Shelby County v. Holder (2013): Weakened Voting Rights Act.

  • Murphy v. NCAA (2018): Allowed state-level sports gambling laws.

Modern Issues in Federalism

1. Unfunded Mandates: Federal requirements without financial support.

2. Devolution: Shifting power to states (e.g., welfare reform).

3. Preemption: Federal law overriding state law.

4. Partisan Federalism: Shifts in authority based on political control.

Nationalism in America

• Definition: A shared identity as "Americans."

• Positive Aspects: Promotes unity, shared values.

• Negative Aspects: Can lead to exclusionary policies.

• Unique Feature: Strong nationalism with a weak federal government.

Key Takeaways

• Federalism is dynamic: Shifts based on historical and political contexts.

• Balance of power is contested: Courts and politics influence federal-state relations.

• National identity influences governance: Strong nationalism coexists with decentralized power.

Study Questions

1. What are the key differences between dual, cooperative, and contested federalism?

2. How do the Constitution’s clauses shape federal-state power relations?

3. What are the advantages and disadvantages of state vs. national power?

4. How have Supreme Court decisions influenced federalism over time?

5. How does nationalism impact the functioning of the U.S. government?

Overview of Civil Liberties and Rights

• Civil Liberties: Protections against government actions (e.g., free speech, religion, due process).

• Civil Rights: Government actions to protect individuals from discrimination (e.g., voting rights, equal protection).

• Tension: Civil liberties often restrict government action, while civil rights require government action.

Historical Context

1. Bill of Rights (1791): First ten amendments protecting liberties from government interference.

2. Fourteenth Amendment (1868): Introduced due process and equal protection clauses.

3. Selective Incorporation: Process of applying Bill of Rights protections to states via the Fourteenth Amendment.

Key Civil Liberties

Freedom of Religion

• Establishment Clause: Government cannot establish a religion (e.g., Engel v. Vitale, Lemon v. Kurtzman).

• Free Exercise Clause: Individuals can practice their religion freely unless it violates public policy (e.g., Employment Division v. Smith).

Freedom of Speech & Press

• Political Speech: Protected unless it incites imminent lawless action (e.g., Brandenburg v. Ohio).

• Symbolic Speech: Actions like flag burning are protected (e.g., Texas v. Johnson).

• Hate Speech: Generally protected unless it incites violence.

• Obscenity & Libel: Not protected; courts use tests like Miller v. California (obscenity) and New York Times v. Sullivan (libel).

• Prior Restraint: Government censorship before publication is mostly unconstitutional (e.g., Near v. Minnesota, Pentagon Papers case).

Right to Privacy

• Implied in Bill of Rights: Found in "penumbras" of First, Third, Fourth, Fifth, and Ninth Amendments.

• Key Cases:

  • Griswold v. Connecticut (1965): Right to privacy in birth control.

  • Roe v. Wade (1973): Right to abortion based on privacy.

  • Planned Parenthood v. Casey (1992): Established the "undue burden" test for abortion laws.

  • Lawrence v. Texas (2003): Privacy protects same-sex relationships.

Second Amendment: Right to Bear Arms

• Key Cases:

  • District of Columbia v. Heller (2008): Individual right to own firearms.

  • McDonald v. Chicago (2010): Incorporated Second Amendment to states.

Rights of the Accused

• Fourth Amendment: Search & Seizure

  • Mapp v. Ohio (1961): Established exclusionary rule.

  • Exceptions: "Good faith" (police act with honest mistakes), plain view doctrine.

• Fifth Amendment: Due Process & Self-Incrimination

  • Miranda v. Arizona (1966): Established Miranda rights (right to remain silent, right to attorney).

  • Double jeopardy protection: Cannot be tried twice for the same crime.

• Sixth Amendment: Right to Counsel & Fair Trial

  • Gideon v. Wainwright (1963): Right to an attorney in felony cases.

  • Powell v. Alabama (1932): Right to legal counsel in capital cases.

• Eighth Amendment: Cruel & Unusual Punishment

  • Furman v. Georgia (1972): Temporarily halted the death penalty.

  • Gregg v. Georgia (1976): Reinstated the death penalty with new guidelines.

Key Civil Rights Issues

• Civil Rights Act of 1964: Outlawed segregation and discrimination based on race, sex, or religion.

• Voting Rights Act of 1965: Eliminated literacy tests and other barriers to voting.

• Affirmative Action: Policies to address past discrimination (e.g., Regents of the University of California v. Bakke).

• LGBTQ+ Rights: Legalized same-sex marriage (Obergefell v. Hodges, 2015).

Modern Issues in Civil Liberties

1. Surveillance & National Security: Patriot Act vs. Fourth Amendment.

2. Freedom of Speech & Social Media: Regulation of online speech.

3. Religious Freedom vs. Anti-Discrimination: Business rights vs. LGBTQ+ rights.

Key Takeaways

• Civil liberties protect individuals from government overreach.

• Civil rights require government action to promote equality.

• Supreme Court decisions have played a key role in defining these rights.

Study Questions

1. What is the difference between civil liberties and civil rights?

2. How has the Supreme Court shaped the right to privacy?

3. What are the limits of free speech under the First Amendment?

4. How do the establishment and free exercise clauses balance religious freedom?

5. How have legal protections for the accused evolved over time?

6. What are the major Supreme Court cases related to gun rights?