Read Chapter 3 Patterson Book: Federalism

Federalism:

The U.S. Constitution establishes a government based on “federalism,” or the sharing of power between the national and state governments. See Amendment 10 of the Bill of Rights.  While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution as well. That is, federal laws are top dogs. Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

State & Local Government

Most Americans have more daily contact with their state and local governments than with the federal government. Police departments, libraries, and schools — not to mention driver’s licenses and parking tickets — usually fall under the oversight of state and local governments. Each state has its own written constitution, and these documents are often far more elaborate than their federal counterpart. The Alabama Constitution, for example, contains 310,296 words — more than 40 times as many as the U.S. Constitution.  Under the Tenth Amendment to the U.S. Constitution, all powers not granted to the federal government are reserved for the states and the people. All state governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all states uphold a “republican form” of government, although the three-branch structure is not required.

Executive Branch  

In every state, the executive branch is headed by a governor who is directly elected by the people. In most states, the other leaders in the executive branch are also directly elected, including the lieutenant governor, the attorney general, the secretary of state, and auditors and commissioners. States reserve the right to organize in any way, so they often vary greatly with regard to executive structure. No two state executive organizations are identical.

Legislative Branch

All 50 states have legislatures made up of elected representatives, who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The legislature also approves a state’s budget and initiates tax legislation and articles of impeachment. The latter is part of a system of checks and balances among the three branches of government that mirrors the federal system and prevents any branch from abusing its power. Except for one state, Nebraska, all states have a bicameral legislature made up of two chambers: a smaller upper house and a larger lower house. Together the two chambers make state laws and fulfill other governing responsibilities. (Nebraska is the lone state that has just one chamber in its legislature.) The smaller upper chamber is always called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is most often called the House of Representatives, but some states call it the Assembly or the House of Delegates. Its members usually serve shorter terms, often two years.

 

Judicial Branch

State judicial branches are usually led by the state supreme court, which hears appeals from lower-level state courts. Court structures and judicial appointments/elections are determined either by legislation or the state constitution. The Supreme Court focuses on correcting errors made in lower courts and therefore holds no trials. Rulings made in state supreme courts are normally binding; however, when questions are raised regarding consistency with the U.S. Constitution, matters may be appealed directly to the United States Supreme Court.

Local Government

Local governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some states, counties are divided into townships. Municipalities can be structured in many ways, as defined by state constitutions, and are called, variously, townships, villages, boroughs, cities, or towns. Various kinds of districts also provide functions in local government outside county or municipal boundaries, such as school districts or fire protection districts. Municipal governments — those defined as cities, towns, boroughs (except in Alaska), villages, and townships — are generally organized around a population center and in most cases correspond to the geographical designations used by the United States Census Bureau for reporting of housing and population statistics. Municipalities vary greatly in size, from the millions of residents of New York City and Los Angeles to the 287 people who live in Jenkins, Minnesota. Municipalities generally take responsibility for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services (including public transportation), and public works (streets, sewers, snow removal, signage, and so forth). Whereas the federal government and state governments share power in countless ways, a local government must be granted power by the state. In general, mayors, city councils, and other governing bodies are directly elected by the people.

 

Source: (2011). State & local government. Retrieved from http://www.whitehouse.gov/our-government/state-and-local-government (Links to an external site.)

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1. Choose two topics from the three listed below.

Marijuana sale and use

Gun regulations

Car Emissions

 

2. Then ANSWER: What role should the federal government play in regard to these topics as opposed to the state governments? Which types of federalism best apply? 

See: http://stgapgov.pbworks.com/w/page/7199067/Types%20of%20FederalismLinks to an external site. and choose a specific type of federalism.

Provide specific reasons for each answer. Each answer must be more than 100 words.

 

 

 

 Answers for each questions should be roughly 100 words, or one paragraph, in length. 

· Please write in full sentence format and use your own words. Do not copy or quote answers directly from your sources. Please re-state or paraphrase.

· Please submit as a .doc or .docx document.

· A list of sources is required.

1.  Summarize McCulloch v. Maryland (1819). Why was this an important Supreme Court case and how did it relate to federalism?

2.   Describe the difference between layer-cake and marble-cake federalism. Provide at least one example of each.

3.   What are enumerated powers versus implied powers?

4. How have interdependency and the federal government’s superior taxing power contributed to a larger policy role for the national government. Where do block grants and categorical grants fit into the trend?

 

 

CIVIL LIBERTIES & CHAPTER 5 EQUAL RIGHTS

In Chapter 4, we examine issues of civil liberties–specific individual rights, such as freedom of speech, that rare Constitutionally protected against infringement of the govt. Although the term civil liberties is sometimes used synonymously with the term civil rights, they can be distinguished Civil liberties refer to specific individual rights, such as protection against self-incrimination, whereas civil rights have to do with whether members of differing groups are treated equally by the government and in some cases, by private parties.

Civil liberties have become increasingly complex. The framers of the Constitution could not possibly have foreseen the US as it is now, with it huge national govt, enormous corporations, mass media, urban crowding, terrorism and technology.  These developments are potential threats to personal liberty, and in the past century, the Judiciary has seen fit to expand the rights that individuals should have. However, these rights are constantly being weighed against competing rights and society’s collective interest.

The Bill of Rights operates in an untidy world where people’s highest aspirations collide with their worst passions, ad nit is the junction t hat issues of civil liberties arise. This chapter considers when issues arise and why.

In Chapter 5, focuses on equal rights, or civil rights–terms that refer to the right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities. Although the law refers to the rights of individuals first and to those of groups in a secondary way, Chapter 5 concentrates on groups because of the history of civil rights has been largely one of group claims to equality.  This chapter provides and overview of historically disadvantaged groups and concludes with discussion on continuing issues.

Americans have attained substantial equality under the law. In purely legal terms, although not always in practice, they have equal protection  under the laws, equal access to accommodations and housing and an equal right to vote. In reality, civil rights are not necessarily given, or put into action. Disadvantaged groups have had to struggle for equal rights. African Americans, women, Native Americans, Hispanic Americans, Asian Americans and a number of other groups have had to fight for their rights in order to achieve a fuller measure of equality.

OPTIONAL FREE SUPPLEMENTARY RESOURCES

n.a. (2011) History of the Civil Rights Movement. Retrieved from https://www.youtube.com/watch?v=URxwe6LPvkM

name redacted (2012) Federal Civil Rights Statutes: A Primer. Congressional Research Service. Retrieved from https://www.everycrsreport.com/files/20121121_RL33386_3137259900066e9f16efee0ff034f265005453c1.pdf

PBS (2015) Civil Rights & Civil Liberties. PBS Crash Course Government. Retrieved from https://www.youtube.com/watch?v=kbwsF-A2sTg

 

 

Choose a current topic or story in the news that ties to civil liberties/civil rights.

1.  Provide a summary and an analysis of the topic in your own words (no cutting and pasting please)

2. Tie the topic to this unit’s readings. Why is it relevant?

3. Please share if you think your sources are more liberal, conservative or balanced. 

Include in your post information from at least one source, being sure to correctly cite the source in the post. No Wikipedia. Please avoid cutting and pasting information from the Internet.

 

At least 250 words.

 

 

· Answers 100% in your own words.

· Each question takes a minimum of 100 words to answer.

· A source list is required.

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1.  Is it possible to keep the divisions that separate religious groups out of politics in a democracy?

2. How do your own implicit biases affect your political and social judgments?

3. Please define “civil liberties” and “civil rights”. Please provide an example of each.

4. How do rights equal power? Provide a minimum of two examples to support your view.

5. Are Americans’ Constitutional Rights unlimited? And who solves conflicts over rights? Please provide an example of someone or thing solving such a conflict.