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Federalism, Civil Rights, and Civil Liberties


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Alexander Hamiltons view of federalism
federal government is superior to state governments
Permissive federalism is
the national government allows state to make decisions
Block grants
$ from national government for programs in certain general areas that states can use at their descretion
United States v. Morrison...
attacks against women are not and do not substantially affect interstate commerce, so the Congress cannot constituitionally pass a law against guilty party.
Explain how the US Supreme Court has recently supported state sovereignty and limited congressional use of the commerce power

United States v. Morrison p. 2
supported state sovereinty by limiting congress use of power. By limiting said power, more power goes to state. State can theregfore make decisions independent of congress, at least have limited jurisdiction by congress.
What are some examples of checks and balances in government
judicial review; the legislative, executive, & judicial branches; presidential appointments to supreme court must be checked by senate
Explain the confederation system
states are sovereign & national government is only allowed to do what states permit it to do
Explain the Federal system
sovereignty is shared; federal government supreme in some matters, states supreme in some
Explain the unitary system
sovereinty is in the hands of the national government; states & localities dependent on its will
allows voters to reject a measure adopted by legislature
permits voters to put legislative measures directly on ballot
voters can remove an elected official from office
supreme or ultimate political authority
Plessy v. Ferguson
upheld separate-but-equal facilities for white & black people on railroad cars
Brown v. The Board of Education of Topeka
said that separate public schools are inherently unequal, thus starting racial desegregration
Roe v. Wade
state laws against abortion were unconstitutional
Griswold v. Connecticut
found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives
gitlow v. NY
supreme court says the First Ammendment applies to states
Mapp v. Ohio
evidence illegally gatehred by the police may not be used in a criminal trial
Miranda v. Arizona
The "Miranda Rule"
court describes ruling that police must give to arrested persons
'free exercise' clause
first amendment requirement that law cannot prevent free excercize of religion
prior restraint
censorship of a publication
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
written defamation
spoken defamation
the quid pro quo rule
cannot trade favors for better job opportunity/advancement.
establishment clause
1st amendment bans an establishment of religion
wall of separation
division between church and state
clear and present danger test
defines the conditions under which public authorities could limit free speech
sedition act of 1798
its a crime to write, utter, or publish any false scandalous or malicious writing with the intention of defaming the president, congress, government or exciting against the government the "hatred of the people"
What are the important elements of the political system
liberty, equality, democracy, civic duty, individual responsibility
civic duty
one has an obligation to participate in civic & political affairs
civic competence
a belief that one can affect government policies
americans believe in equality of ________ but not equality in ________
opportunity; result

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