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Unformatted text preview: Jacobs 1 Brittany Jacobs PSC 100 Assignment #2 Chapter 3: Question #1: Explain the concept of "federalism". How does it differ from "unitary" and "confederation" systems? Federalism can be defined as a type of government in which the power is divided between the two levels of sovereign governments, central and regional, at which were created by the people. This is also known as dual sovereignty which defines the federal system of system (p 87). This differs from unitary and confederation because in a unitary system, all the power lies with the national government whereas in a confederation system, most of the power is held within the states. Question #2: What is the full faith and credit clause? Also, how does this concept relate to the issue of same sex marriage (specifically, comment on the issues that are raised by your text). The full faith and credit clause is a constitution clause that requires states to comply with and uphold the public acts, records and judicial decisions of other states. This concept relates to the issue of same sex marriage because if one state makes it a law most other states usually follow. However, the truth is that this issue was a state by state issue. With same sex marriage, states must recognize the validity of out-of-state marriage licenses (p 95). Question #3: Explain the differences between enumerated powers and implied powers as they relate to the Constitution. The difference between the two is that enumerated powers is the powers of the national government that are listed in the constitution whereas the implied powers are powers of Jacobs 2 the national government that are not enumerated in the constitution but that Congress claims are necessary and proper for the national government (p 90). Question #4: What is the significance of the 10th Amendment to the Constitution, and how does it relate to federalism as it operates in the "real" world? The 10th Amendment is significant because it acknowledges the domestic matters in which the states exercise authority. This is relevant today because it deals with regular affairs like birth, death, and marriage. Question #5: List and explain three "concurrent powers" that are shared by the national and state governments. In your opinion, what is the value of allowing shared powers to exist in the first place? Three of the concurrent powers that are shared are to make policy, raise money, and establish courts to interpret policy when conflict happens (p 89). I think that the value of having these shared powers is to make sure that every state as well as the national government follow the same authority in order to function effectively and properly. Question #6: Briefly explain how the following differ from one another: a. Dual Federalism: Initial model of national and state relations in which the national government and state government work independently. The national government takes care of the enumerated powers while the state government takes cares of their reserved powers (p.96). b. Cooperative Federalism: Intergovernmental relations in which the national government works together with the state governments to support efforts to address the domestic matters reserved to the states (p. 97). c. Centralized Federalism: Intergovernmental relations where that national government and the state governments work against each other. The national government imposes its policy preferences on state and local governments (p. 97). Jacobs 3 d. Conflicted Federalism: Intergovernmental relations that contain elements of dual, cooperative, and centralized federalism are evident in the domestic policies implemented by the state and local governments (p. 97). Question #7: According to your text, what has been the biggest impact of the 16th Amendment to the Constitution? According to the text, the biggest impact of the 16th Amendment to the Constitution is that it granted Congress the authority to collect income taxes from workers and corporations without apportioning those taxes among the states on the basis of population. National officials have gained the power to determine many of the policies these governments approve and finance (p. 101). Question #8: Based on your readings, how did the national government get the 50 states to raise their legal drinking ages to 21 years old? The national government encouraged states to set the drinking age to 21 years old by threating to decrease their grants-in-aid for transportation. The national policy goal of a drinking age of twenty-one was accomplished through a condition attached to national dependent highway funds offered to state governments (p.104). Chapter 4 and 5 Question #1: List and explain the significance of some of the Constitutional protections that can be found in the Bill of Rights. In your opinion, why are these so important to our concept of freedom in the United States? Some of the protections that can be found are a guarantee of habeas corpus, prohibition of bills of attainder, prohibition of ex post facto laws, and a guarantee of trial by jury. These are all significant because they allow the people to be protected from an abusive, controlling government (p.116). Jacobs 4 These are important because they protect us and our rights as citizens when needed in a time of crisis. Question #2: How do the concepts of "total incorporation" and "selective incorporation" differ from one another? Total incorporation is a theory that the 14th amendment’s due process clause requires the states to uphold all freedoms in the Bill of Rights, which is rejected by the Supreme Court in favor of selective incorporation (p. 119). Selective incorporation is the process which over time the Supreme Court applied those freedoms that serve some principle of liberty or justice of the states and is rejecting total incorporation (p. 119). Question #3: In what ways are the goals of protecting individual freedoms, and ensuring order in society, often at odds with each other? Also, do you see any evidence of this tradeoff between "liberty vs. order" in your own life today (if so, please list a few examples)? The reason these two goals are always at odds are that whenever we as a nation is under attack we tend to put more pressure on the government to make sure that we maintain a societal order but then we also pressure them to give use the freedom to choose what happens in these incidents (p. 122). In today’s world we see this all the time as we continually face terrorism. 9/11 is just one example to think of, when we were attacked fourteen years we looked to war as an answer for this attack. Our president felt the pressure to rid of all people suspected of terrorism from the U.S to keep us safe. However, in doing so many people lost the freedom of speech because they were judge on one thing or even one person rather than themselves. Question #4: What are the historical significances of the "free exercise clause"? Jacobs 5 The free exercise clause is the First Amendment clause that prohibits the government from enacting laws prohibiting an individual’s practice of their religion. This was often in contention with the establishment clause. Free exercise clause cases have involved the right to practice polygamy, to use hallucinogens, to refuse conventional medical care for a child, and refuse to salute the flag. In 2014, the Burwell v. Hobby Lobby case was over an appeal for Obamacare at which required that family-owned corporations pay for insurance coverage of birth control for its employees. Hobby Lobby is owned by a family who tries to run their business on Christian principles and they claimed that providing contraception coverage burdened their religious liberty (p. 134). Question #5: List some examples of "non-protected" speech. Do you believe that there should be any exceptions to this list? Why or why not? The examples of non-protected speech would be commercial speech (advertising statements), libel (written statements), obscenity (offensive speech or expression), and slander (verbal statements) (p. 127). Commercial speech: Restrictions on tobacco advertising is an example. Libel and slander: False statements that harm one’s reputation such as bad paparazzi with celebrities. I believe that commercial speech should be protected because they aren’t using their speech to harm anyone or even ruin someone’s career like slander and libel tend to do. Question #6: Briefly describe the differences between de jure and de facto segregation: De jure segregation is segregation mandated by the law. Jacobs 6 De facto segregation is segregation that is caused by the fact that people tend to live in neighborhoods with same race, religion, and ethnic groups (p. 158). Question #7: What is the importance of the "equal protection clause" in regards to civil rights in the United States? The equal protection clause is an important clause because it states that no state shall deny any person within jurisdiction the equal protection of the laws. That was important because it made sure that every person was protected that same way well under the law making everyone at the time equal and have the same rights (p.159). Question #8: What has been impact of the 19th Amendment on voting in the United States? The 19th Amendment has had a huge impact on voting in the United States. The 19th Amendment had allowed women the right to vote, which significantly impacted voting because a larger diversity voting pool was created (p. 169). Question #9: What impact did "Plessy vs. Ferguson " and "Brown vs. Board of Education" have on the issue of racial segregation in our country? Also, in what year did each take place? “Plessy vs. Ferguson”: took place in 1896 and it had a huge impact on racial segregation because it lead to the court making a doctrine stating whites and non-whites had to be treated equally as long as they were separated, making it a legal backbone for many decades (p.159). “Brown vs. Board of Education” took place in 1954 and its impact was that it got the Supreme Court to rule that segregated schools violated the 14th Amendment thus making all schools mixed raced from that time on (p.161). Jacobs 7 Question #10: What were a few of the methods that were used by Southern States to exclude African Americans from voting, even after the 15th Amendment was ratified? Some of the methods that were used were the creation of the Black Codes. With these codes it limited what the former slaves could do as long as they were in the South. These codes prevented former slaves from voting and owning property. However, this was soon destroyed by the Civil Rights Act of 1872 (p.158). ...
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