POLI 3/2

Schedule and Format of the Midterm Exam

  • No section will be held on Friday due to lack of material to review.

  • The midterm format is an in-class, closed-book Blue Book exam.

Structure of the Midterm

  • The midterm consists of three parts:

    • ID Section:

    • You will need to define a term and provide its significance.

    • One side of the midterm review sheet will contain 43 terms.

    • The other side will outline the exam structure.

    • You will randomly receive six terms from which to choose three for definition and significance.

    • Example of an ID term:

    • Free Rider Problem:

      • Definition: A problem that exists in organized societies; individuals can benefit from public goods without contributing to their cost, leading to under-provision of such goods.

      • Significance: This issue highlights why governments exist, to address the failures caused by free riding.

    • Short Answer Questions:

    • Derived from lectures or assigned readings.

    • For example, you may be asked to detail two constitutional clauses aimed at promoting unity.

    • The questions require succinct responses; no elaborate thesis statements are necessary.

    • Essay Question:

    • A single question focusing on a central theme discussed in the course up to now.

    • Example: Discuss the concept of politics as seen in the constitutional convention, mentioning three conflicts and their compromises.

    • Designed to be answered in 15 minutes with no choice given for the question.

Course Timeline and Coverage

  • Due to delays from snow days, an accelerated pace will be adopted over the next lectures.

  • Certain subjects like civil rights may not be covered as planned.

  • All lecture slides will be uploaded on Canvas after class.

Federalism Discussion Overview

  • Today's focus is to complete discussion on federalism, covering essential pillars:

    • State powers,

    • Federal powers,

    • National unity aspects within federalism.

  • Examine historical conflicts between national and state governments, the evolution of federalism, and recent trends towards states reclaiming power.

Key Constitutional Clauses Promoting Unity

  • Full Faith and Credit Clause:

    • Definition: Any public acts or judicial decisions in one state must be respected by other states.

    • Example: A marriage licensed in Vermont is recognized in Massachusetts and other states.

Marriage and Federalism

  • The ongoing debate over which government level should define marriage illustrates challenges in federalism.

    • Historically, marriage definition has evolved and reflects the tension between state and federal authority.

  • Supreme Court's Role:

    • The court tends to intervene when state laws contradict national principles of unity and equality.

  • Tenth Amendment Interpretation:

    • Grants states power over matters not clearly outlined in the Constitution.

Challenges with Marriage Legislation

  • Conundrum of states defining and regulating marriage leads to complex legal questions.

  • Different states recognize different types of marriage (e.g., same-sex marriage, child marriage).

  • Public Acts: Marriage in one state impacting recognition in others leads to constitutional debates.

Defense of Marriage Act (DOMA) 1996

  • Enacted to define marriage as between one man and one woman, denying federal recognition of same-sex marriages.

  • The act allowed states to refuse recognizing same-sex marriages that were legal in other states, contradicting the full faith and credit clause.

Evolution from 1996 to 2015

  • Increase in public support for same-sex marriage reflected in legal actions across various states.

    • By 2015, significant public opinion shift occurred, with over 60% support for same-sex marriages.

  • Landmark Cases:

    • US v. Windsor (2013): Supreme Court struck down section 3 of DOMA, affirming equal protection rights.

    • Obergefell v. Hodges (2015): Affirmed that banning same-sex marriages is unconstitutional under the Fourteenth Amendment.

Implications on State Rights and Federal Authority

  • The Obergefell decision highlighted the struggle between state vs. federal rights concerning marriage definitions.

  • Public Opinion Shifts: Demonstrated trends towards acceptance over decades.

  • Future Legal Considerations: Potential risks regarding the stability of marriage equality laws given changing political climates.

Additional Aspects to Consider

  • Child Marriage: Raises contemporary issues on marriage definitions and rights.

    • States vary in laws governing child marriage, prompting calls for re-evaluation of legal recognition and age limits.

Conclusion and Future Topics

  • Federalism in the United States is dynamic and complex.

  • Understanding historical contexts and current debates about federal and state powers will be critical as we continue exploring related concepts in the course.

  • Next class will delve into further federalism types and their implications in contemporary governance.