A form of representation that places clear limits on popular whims.
Developed by Madison and his colleagues who did not see majority rule as a foolproof solution to the dangers of strong government
Also know as a Republic.
Every democracy more complicated than a small town tends to be Representative Democracy. citizens elect leaders to govern them rather than choosing policies themselves.
Those who opposed the ratification of the Constitution.
Constitutional Convention delegates deliberated over this issue;
should federal courts have the authority to strike down laws that violate the Constitution?
Initiated by FDR
Wide array of proposals expanding the fedral government's power to stimulate economic recovery. Effected by Supreme Court interpretations of the commerce clause that centralized government authority.
Block: intergovernmental grants with a broad set of objectives, minimal restrictions, and maximum discretion for local officials
Categorical: Federal grants that have fairly specific regulations about how the money can be spent
Congress has the control over interstate trade.
Marble Cake Federalism (1900-1960s)
Accomodates growth in federal government
Federal government should increase taxes and distribute it out to states
1789-1900 Dual Federalism (layer cake)
1900-1960 Cooperative Federalism (marble cake) marked by Federal Grants
1960-???? Contemporary Federalism marked by changes in intergovernmental grant system and raise in unfunded mandates
Having a national and a state government
Most nations have a unitary system and we have dual sovereignty.
The necessary and proper clause
If the end is legitimate...
It stretches to fit almost any policy, provided the policy is related to a Constitutionally delegated power.
Also known as the elastic clause.
Congress has flexibility in carrying out its enumerated powers.
Jim Crow Laws: Permitted the segregation of races by State Action Doctrine
The Civil Rights Cases of 1883: Civil rights only applied to the public sector
Seperate but Equal: Plessey v. Ferguson
Keeping Blacks from Voting: Grandfather Clause; Poll Tax; Literacy Tax; White Primaries
Overturn Plessey v. Ferguson with Brown v. Board of Education
Dangerous speech is not protected but the definition as dangerous speech allowed for less censorship
Freedom of expression is a 1st amendment right
Falling under the 1st amendment (Freedom of expression)
We must balance free speech and other public interests.
Dennis v. US (1951) - 11 nonviolent commies facing prison terms for preaching communism. Courts rulled their convictionwas constitutional.
Freedom of Religion - not bullied into practicing a religion.
Use of Lemon Test by supreme court.
Lemon v. Kurtzman involving PA public schools.
Laws must have secular purpose
cannot advance or inhibit religion
Cannot entangle public officials with religious institutions or activities.
From Matt v. Ohio
Sometimes evidence collected outside of the procedures permitted by the consitution may be admissible in court convictions ie: Police may not search homes without a search warrant HOWEVER the exclusionary rule pertaints to good faith mistakes made by police officers...
Freedom of religion based on your actions not being suppressed - the accommodation of religious practices.
Sherbet Test (from case where workers lost their job for not showing up to work on a religous holiday)
Law most promote secular goal
There has to be compelling governmental interest
the least restrictive to religious practice as possible (Minimum restriction)
Lemon v. Kurtzman involving public schools
Required to have clear secular purpose
Cannot advance or inhibit one religion or religion in general
Should not entangle public officials with religious institutions or activities
offensive communications with no redeeming social value other than titillation.
Miller v. California says it partly depends on local community standards
related to the free exercise clause
law must promote a secular goal
there has to be a compelling governmental interest
the least restrictive to religious practice as possible
Overturned Plessey v. Ferguson which allowed state sponsored segregation
Seperate educational facilities are inherently unequal.
States must give everyone equal protectionof the law
in reference to affirmative action, these were strict numbers of a specific gender or race that were to be admited to a university or considered for promotion.
Regents of UCA v. Bakke Court ruled against quota systems.
Union occupation of the south betwee 1866-1875
Passage of civil rights acts to ensure African Americans have their rights
End of reconstruction with the election of Hayes and things went back to the way the were. - Jim Crow laws, Civil Rights Cases, Seperate but Equal
Plessey v. Ferguson
Segregated the Races - Jim Crow Laws
14th amendment only applies to fedearl and state governments and not the private citizens. Businesse could do what they wanted
Civil Rights act of 1964
Voteing Rights Act 1965
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