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PEPSI paragraphs each How Is power shared between the state and federal governments and what argument did Hamilton and Madison make for a federal system? Explain enumerated powers and implied powers. What does the 10th Amendment say and with what two clauses of the Constitution does the 10th Amendment potentially conflict? There Is no fixed principle on how power Is to be shared among 3 branches or between states and federal government. Power shifts over time in response to what people perceive as necessary.
It depends on the economy, national security situation, and other factors. Hamilton & Madison argue In the Federalist Papers that federalism Is part of a system of checks and balances; people can shift their loyalties back and forth between state and national governments in order to keep each level under control. If rights are ignored or abused by one level, people can use the other to right what had been wronged (civil rights). Madison also argued that the US was ideal for power sharing and Limited government, because the more factions, the more they will check each other, so no one faction or group can seize control of the government.
Enumerated powers are listed in the Constitution. Their are seventeen, including the Supremacy Clause. The writers of the Constitution recognized that national authority would at times conflict with laws of the states. In such cases, annual law was intended to prevail. This power was granted in Article VI of the Constitution in the supremacy clause. It states that the laws of the US shall be the supreme of law of the land. The writers also recognized that government had to be capable of adjusting to change In order to be effective. Thus, the necessary and proper clause or, the elastic clause, came about.
It gives national government implied powers (powers not listed in the constitution). Powers that Congress can use to make laws that are necessary to Cary out the enumerated powers. Tenth Amendment established reserved powers which says powers not delegated to the national government are reserved for the states. It was added to the Bill of Rights to protect states’ rights and check the federal government’s elastic clause. But it has potential to conflict with the necessary and proper clause and the supremacy clause. 3. How was the right of free speech limited in the early history of the U.
S.? How did he Cold War affect the exercise of free speech in the U. S.? The first attempt by the US government to restrict free expression was the Sedation Act of 1798, which made it a crime to print harshly critical newspaper stories about Infraction’ of the constitution, and pardoned everyone convicted under it when he became president. The Sedition Act never went to the Supreme Court, which left unanswered the question whether Congress had the power to regulate free expression and how far its power can go. During the Civil War the government greatly reduced free expression.
They passed legislation barring the Court from earning appeals of such cases, and the Court accepted the limitation. In 1919 the court was able to rule on a free-expression case. The defendant in the case was convicted under the 1917 Espionage Act, which prohibited forms of dissent, including the distribution of antiwar leaflets that could harm the nation’s effort in WWW. In the same year in Science v. US the Court unanimously upheld the constitutionality of the Espionage Act, allowing Congress to restrict speech that was “of such a nature as to create a clear and present danger” to the nation’s security.
In Brandenburg v. Ohio in 1969 at a ASK rally, Brandenburg said that ‘revenge’ might eave to be taken if the national government “continues to suppress the white Caucasian race. ” He was convicted under Ohio law, but the Supreme Court reversed the conviction, saying a state cannot prohibit speech that advocates the unlawful use of force unless it meets a two-part test: it must be directed at inciting lawless action, and likely to produce such action. This test is a refinement of the clear and present danger test that allows individuals more leeway in what they say.
Cases where words alone lead others to engage in forms of lawless action are rare. From this, we know NH hate speech is permitted, speech can’t be silenced on the basis of its content. 4. Explain what the establishment clause of the First Amendment means. What are the 2 different approaches to this clause used by the Supreme Court? Give examples of what the Court prohibits regarding religious expression. Ere establishment clause has been interpreted by the courts to mean that government may not favor one religion over another, or support religion over no religion.
The two approaches to this problem taken by the court are the wall of separation (separation of church and state), and the accommodation doctrine (allows overspent to aid religious activity if no preference is shown toward a particular religion and if the assistance is of a secular nature; an example is a bus service for kids attending religious schools. Ere Court has prohibited religious teachings and observances in public schools. In 1962 Engel v. Vitals case held that the establishment clause prohibits the reciting of prayers in public schools.
Bible readings were later restricted, and less direct ways like setting aside times for silent prayer or meditation. The Supreme Court has also banned religious displays on public property when the purpose of such a display is overtly religious and lacks a historical context. In America religion is prominent, so many buildings display religious symbols. Ere Court created a three point test, known as the Lemon Test to decide whether legislative purpose, second, its principal or primary effect must be one that neither advances nor inhibits religion; third, it must not foster an “excessive government entanglement with religion. The lemon case of whether or not states should fund religious school teachers failed the test. Instructors might still use class time as an opportunity to promote religious teachings, which causes the government to become entangled with religion. 5. What does the free exercise clause mean? Give examples of how the Court has ruled regarding free exercise. Ere free exercise clause has been interpreted to mean that Americans are free to hold any religious belief of their choosing.
It’s aim is to prohibit government from interfering with practicing or observing of one’s religion (free exercise). But government interference is allowed when exercise of religious belief conflicts with a ‘laid state law that applies to all of its citizens. One example is the prohibition of polygamy by those of the Mormon faith. Court ordered medical care of kids with life threatening illness whose parents are religiously against treatment is also one. Also in Oregon a person was fired after using peyote, even though its use was for religious purposes. He free exercise of religion can clash with the prohibition on the establishment of religion, and the Supreme Court is forced to choose between them. In 1987 the Court overturned a Louisiana law that required creationism to be taught along with the theory of evolution in public school science courses. The Court concluded that creationism is a religious doctrine, not a scientific theory, and that allowing its inclusion violates the establishment clause by promoting a religious belief. 5. What did the Civil Rights Act of 1964 do?
What was the impetus for making it possible to pass this law? What did the Voting Rights Act of 1965 do? What did the Civil Rights Act of 1968 do? Ere Civil Rights Act of 1964 made discrimination illegal. Some employers were getting away with discrimination due to the 14th amendment – prohibited federal and state government but not private discrimination (private employers and owners). The act effected public places like restaurants, hotels, theaters, store, who could not refuse to serve customers based on race. Employers cannot refuse applications based on race.
Equality was long past due, as African Americans fought in WI. The black civil rights movement was the impetus behind CRA of 1964. MILK Jar. Led the march on Washington for Jobs and freedom, and later gave his famous speech. The black civil rights movement inspired the movement for women’s rights, Hispanic Americans and farm workers to strike for rights and it granted Native Americans their long-delayed rights. Empowers federal agents to register voters and, as interpreted by the courts, prohibits the use of literacy tests as a registration requirement.
This had an immediate impact on the black participation rate in the South, it increased by 20%. Ere act prevents states from re-drawing election districts that deliberately either dilute the minority vote or give it control (majority). It requires states to clear with federal officials any changes they make to electoral rules that reduce voting power of minorities. This is the section of the act which the Supreme Court recently invalidated. Ere Civil Rights Act of 1968 was designed to prohibit discrimination in housing.
A building owner cannot refuse to sell or rent housing because of a person’s race, elision, ethnicity, or sex. Banks are prohibited of redlining – refusing to grant mortgage loans in certain neighborhoods typically those with large black populations. Studies indicate that minority status continues to be a factor as Hispanics and African Americans have more difficulty obtaining mortgages than do white applicants of comparable income. 7. Define “Affirmative Action” and explain the Bake decision of 1978. Explain and contrast the two University of Michigan cases (graduate and undergraduate).
Affirmative action refers to deliberate efforts to provide full and equal opportunities n employment, education, and other areas for members of traditionally disadvantaged groups. It applies only to organizations- such as universities, agencies, and construction firms- that receive federal funding or contracts. They must have programs designed to treat applicants fairly, and show proof. The focus is on ‘equality of result”- a concept brought about with President Lyndon Johnson stating ‘We seek.. Not Just equality as a right and a theory, but equality as a fact and a result. At the University of Michigan undergraduate school used point scale to make decisions in admissions – minorities granted 20 points in 150 total apt scale. Court invalidated program by vote 6/3. Their Law school used race as one of several factors, Including experience and extra curricular activities. It was upheld for two reasons. Its use of race as one of several factors, and the school has an interest in maintaining diversity because of its educational benefits. 3. What is a political ideology? What do we mean by “coherent? What is the difference between economic liberals v economic conservatives? What about social liberals v social conservatives? What is a libertarian? A populist? Political ideology is a coherent set of political beliefs. By coherent we mean a consistent pattern of opinions across a broad range of ideas; our book says farmers don’t have a consistent set of ideas, those oppose government assistance but want Economic liberals – government plays role in distribution of benefits to ensure that disadvantaged get fair share.
They are active in social issues such as same sex marriage and abortion, lifestyle choices. Economic Conservatives – let the market decide. Leave the distribution of economic benefits largely to the workings of the free market. On social issues they are more traditional, anti abortion, same sex marriage – A libertarian believes government should refrain from undue intervention in the economic marketplace and in peoples private lives. No government in both economic and social issues. Populists are big in government in both.
Its a contended term today, with no fixed meaning. 3. Compare the U. S. System of voting to Rupee’s. Mention issues concerning registration, income levels of voters, and voter turnout. Compared to Europe, the US has difficult registration requirements. States set requirements, minimum residency requirement is average 30 days, in Europe its much shorter. In America each individual is responsible for registering to vote. In Europe, government officials automatically register you. US holds election during Normandy and there is no penalty for not voting.
Europe elections are on weekends and you pay a fine if you don’t vote. US have frequent elections, compared to Europe. College degree = 50% more likely to vote than those who did not finish high school or have low income age – young adults less likely, lack of interest for some 11. Describe how interest groups affect the work of Congress. Mention iron triangles, issue networks, revolving door, and agency capture. An interest group is any organization that actively seeks to influence public policy; also called a faction.
A political party is an ongoing coalition of interests whose purpose is to get candidates elected to office and offer competing ideas/vision for best way to run government and solve society problems. An interest group gives money to their lobbyists who provide information on bills’ effects to the government agency, which buys goods from the interest group. Congress members give money to fund the agency, and the agency provides programs/Jobs for their constituents (get re-elected). Congress gives tax breaks and Means regulations on interest groups, which then gives them money for re- election.
Revolving door – government officials retire and become lobbyists. Interests groups Nail target the officials when their term is almost done to recruit them to lobby for an Agency capture is when the government regulatory agency sides with firms they’re supposed to regulate rather than protecting the public Iron triangle – webs of influence: groups in the policy process Bureaucrats, lobbyists, legislators. Examples Gag department, committee, associations. – know about farming. 12. Compare Super PASS to regular Pass and evaluate how well they serve the public interest.
Political Action Committees – a candidate depends on votes and pace money to get elected. Limited to ask per candidate for each election. Limit to federal candidates only; states set their own limits or none for states candidates. Pass tend to give much more heavily to incumbents (xx more than challengers). 60% are associated with corporations. Can’t give funds directly to candidates, raise money through small adulatory contributions and they are funneled through its pace to candidates, and are strictly limited in how much they may give any single candidate. Super PASS, or independent expenditure only committees – The Court decision in
Citizens United said limits on corporations and unions violated their free speech rights so now they can spend unlimited amounts as long as the spending is not coordinated directly with candidates and parties. Not required to disclose donors. Not accountable ; can make outrageous claims w/o paying a price. Not allowed to give the money directly to candidates or parties, spend as much money as they want. Candidates can participate to a degree in super PACE activities, they can speak at fundraisers as long as they do not solicit contributions in excess of the amount they can legally take from groups.