Supremacy Clause Concurrent Powers Reserved Powers

Relationship of state govts to each other * Article IV – Full faith and credit restriction * Privileges and immunities clause (also Article IV)

Theories of the relationship between national government and the states

DUAL SOVEREIGNTY 1. national govt rules by enumerated powers only 2. national govt has limited set of constitutionally granted powers 3. each government unit is sovereign within its sphere 4. relationship between states/nat govt is characterized by TENSION

COOPERATIVE FEDERALISM Marble cake metaphor Sharing of responsibilities and policy assignments, cooperation not just tension (e.g. after 9/11, national govt asked state and local govts to help investigate suspected terrorists).

Fiscal federalism- grants to state and local gov’t’s are instruments by which national gov’t both aids and influences states and localities. TYPES OF GRANTS Categorical – formula and project Block

Other ways to restrict/compel states PREEMPTION MANDATES Medicaid, Americans with Disabilities Act (crossover sanction)

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

FREEDOM OF SPEECH Clear and present danger - 1919 (freedom of speech unless clear and present danger to nation) Fighting words doctrine - 1942 Some words constitute violents acts, not protected by first amendment Balancing doctrine – 1951 Background of Communism – balance must be struck in favor of resisting subversive behavior Imminence test Fundamental freedoms doctrine

Imminence test – 1960s Government can only punish speech if it is directed toward inciting/producing imminent lawless action (action in near future) AND is likely to (actually) incite or produce such action Fundamental freedoms doctrine 1960s (used to defend Vietnam War protestors) – Says some constitutional freedoms such as freedom of speech are so fundamental to functioning of democracy that they deserve special preference, any law that threatens them must be subject to “strict scrutiny” by the court

Unprotected speech Commercial Libel Obscenity

Freedom of Religion Establishment Clause, Free Exercise Clause Standards for constitutionality of laws regarding religion (aid to church-related schools) Law has secular/non-religious purpose Law’s primary effect is neutral Law doesn’t foster excessive entanglement by government in religion