Other ways to restrict/compel states PREEMPTION MANDATES –Medicaid, Americans with Disabilities Act

Devolution Transferring responsibilities for policies from the federal government to state and local governments – Reagan, some Republicans today (Department of Education etc.)

Pros and Cons of Federalism PROS: Enhances citizen control, expands participation in government, promotes innovation, checks excessive power, promotes diverse views CONS: creates complexity, allows inequities, fosters unhealthy competition, undercuts national policymaking

CIVIL LIBERTIES AND CIVIL RIGHTS Civil liberties: freedoms from government interference Civil rights: guarantees of equal treatment by the government

FREEDOM OF SPEECH DOCTRINES (by the Court) Clear and present danger- freedom of speech but not if endangers the nation Fighting words doctrine - words that constitute violent acts not protected Balancing doctrine – balance must be struck in favor of gov’t resisting subversive behavior

Imminence test – Govt can only punish speech if it is directed to inciting or producing IMMINENT lawless action – action in near future Fundamental freedoms – This became the court’s governing principle in the 1960s: Some constitutional freedoms such as freedom of speech are so essential to the functioning of democracy that they deserve special protection, must be subject to strict scrutiny by Court if threatened.

Imminence test – Govt can only punish speech if it is directed to inciting or producing IMMINENT lawless action – action in near future Fundamental freedoms – This became the court’s governing principle in the 1960s: Some constitutional freedoms such as freedom of speech are so essential to the functioning of democracy that they deserve special protection, must be subject to strict scrutiny by Court if threatened.

Freedom of Religion Establishment Clause Standards for constitutionality of laws regarding religion –Law has secular/non-religious purpose –Law’s primary effect is neutral –Law doesn’t foster excessive entanglement by government in religion