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.