1. IMPORTANT!! Students with last names beginning with A-L will write the mid-term exam in MC 4021. All students with last names beginning M-Z will write in DWE 2527.Students with last names beginning with A-L will write the mid-term exam in MC 4021. All students with last names beginning M-Z will write in DWE 2527.

2. Exam Tip of the Day... the mid-term exam will not have a question from the “State Governments Today” section of Chpt.3, (63-65)the mid-term exam will not have a question from the “State Governments Today” section of Chpt.3, (63-65)

3. AMERICAN FEDERALISM September 29 th -- Cont’d

4. Level of Centralization Confederation Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation US 2002 Small Unitary Gov’ts US 1789

5. Indicators of Centralization size of the federal governmentsize of the federal government –expenditures, programs, budgets federal grants-in-aid, mandatesfederal grants-in-aid, mandates –federal inducements/requirements that states undertake certain actions federal preemptionfederal preemption –regulation of interstate commerce

6. American Federalism explanations of centralizationexplanations of centralization – idea of “one nation” E Pluribus Unum E Pluribus Unum American civil war American civil war citizen demands for rights to be extended equally across the nation citizen demands for rights to be extended equally across the nation – structure of the federal government representation of state interests within the national government (as opposed to representation through relations between state governments and national government) representation of state interests within the national government (as opposed to representation through relations between state governments and national government) – the Senate!

7. Centralization in Context broad trend of centralization has taken place within a context of important powers reserved to the statesbroad trend of centralization has taken place within a context of important powers reserved to the states examples of differences in the exercise of powers reserved for the statesexamples of differences in the exercise of powers reserved for the states –the death penalty the death penaltythe death penalty –gun control gun controlgun control –medical marijuana medical marijuanamedical marijuana –right to die (e.g. assisted suicide) –referendums/initiatives

8. The New Federalism the devolution revolutionthe devolution revolution –1980-2000

9. The “New” Federalism 1980-2000 (Confederation) Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation US 1980 Small Unitary Gov’ts

10. The New Federalism the devolution revolutionthe devolution revolution –1980-2000 Reagan presidencyReagan presidency peaked after 1994 with Contract with Americapeaked after 1994 with Contract with America

11. The Devolution Revolution causes of devolutioncauses of devolution –about limiting government Theodore LowiTheodore Lowi –devolution is about dual federalism and dual citizenship –proponents of devolution believe... states rights should predominate on issues of race, class and genderstates rights should predominate on issues of race, class and gender –e.g. welfare this was the case from 1930-1960 but was abrogated during the 1960s and 1970sthis was the case from 1930-1960 but was abrogated during the 1960s and 1970s devolution is an attempt to return to the proper state of thingsdevolution is an attempt to return to the proper state of things –explains idiosyncratic patterns of federal vs. state dominance

12. The “New” Federalism 1980-2000 (Confederation) Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation US 1980 Small Unitary Gov’ts

13. The Renewed Federal Activism? (2000-?) examples of expanded federal interventionexamples of expanded federal intervention –same-sex marriage Defense of Marriage Act, 1996Defense of Marriage Act, 1996

16. The Renewed Federal Activism? (2000-?) examples of expanded federal interventionexamples of expanded federal intervention –same-sex marriage –education No Child Left Behind Act, 2001No Child Left Behind Act, 2001

17. The Renewed Federal Activism? (2000-?) examples of expanded federal interventionexamples of expanded federal intervention –same-sex marriage –education No Child Left BehindNo Child Left Behind –medical marijuana

19. The New Federal Activism examples of federal interventionexamples of federal intervention –same-sex marriage –education No Child Left BehindNo Child Left Behind –medical marijuana –right-to-die Gonzales v. OregonGonzales v. Oregon

21. The New Federal Activism significant shift in accepted wisdom that decentralization favoured by the rightsignificant shift in accepted wisdom that decentralization favoured by the right intervention by federal government used to further conservative causesintervention by federal government used to further conservative causes shifting in thinking on federalism – shifting beliefs about conservative control of federal government??shifting in thinking on federalism – shifting beliefs about conservative control of federal government??

22. Main Message! federalism...federalism... –not simply a technical issue about which gov’t is best placed to do what –involves... philosophical questions regarding the overall role of governmentphilosophical questions regarding the overall role of government practical questions regarding partisan control of various levels of governmentpractical questions regarding partisan control of various levels of government

23. Civil Liberties

24. Civil Liberties -- What Are They? vs. Civil Rightsvs. Civil Rights –civil liberties adhere to individuals rather than groups –negative vs. positive freedom civil liberties are about what government must not do; civil rights are largely about what government must docivil liberties are about what government must not do; civil rights are largely about what government must do

25. Types of Civil Liberties Fundamental FreedomsFundamental Freedoms –“Congress shall make no law...” abridging... freedom of speech, religion, assemblyfreedom of speech, religion, assembly freedom of the pressfreedom of the press freedom to bear arms (disputed)freedom to bear arms (disputed) Legal Rights – Due ProcessLegal Rights – Due Process against unreasonable search and seizure, self- incrimination, etc.against unreasonable search and seizure, self- incrimination, etc. property rightsproperty rights –due process –just compensation

26. Contemporary Civil Liberties Issues...

28. abortionabortionabortion capital punishmentcapital punishment

30. Contemporary Civil Liberties Issues... abortionabortionabortion capital punishmentcapital punishment religious expressionreligious expression

31. Contemporary Civil Liberties Issues... abortionabortionabortion capital punishmentcapital punishment religious expressionreligious expression –school prayer

32. School Prayer 1963 -- Court rules against against mandated daily school prayer in Engel v. Vitale (1962)1963 -- Court rules against against mandated daily school prayer in Engel v. Vitale (1962) –prohibition applied to formal prayers at school football games and the like, whenever prayer was organized by school officials 1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray)1985 – Supreme Court bans daily moment of silence (if students are encouraged to pray) 1989 -- lower court ruling that pre-game invocations by coaches, officials or students at high school football games were unconstitutional1989 -- lower court ruling that pre-game invocations by coaches, officials or students at high school football games were unconstitutional 1990 – Supreme Court rules that prohibiting religious/prayer groups in school is unconstitutional1990 – Supreme Court rules that prohibiting religious/prayer groups in school is unconstitutional 1992 – Supreme Court ruling that graduation prayers led by members of the clergy is unconstitutional1992 – Supreme Court ruling that graduation prayers led by members of the clergy is unconstitutional 1995 -- lower court ruling that informal student-initiated, student led prayers at sporting events were constitutional1995 -- lower court ruling that informal student-initiated, student led prayers at sporting events were constitutional –students "are not enjoined from praying, either individually or in groups. Students may voluntarily pray together, provided such prayer is not done with school participation or supervision.“ –unconstitutional for the school administration to include a formal prayer in the game schedule –reasoning –reasoning decision (re: student led) prayers at football games upheld by Supreme Court in 2000decision (re: student led) prayers at football games upheld by Supreme Court in 2000 –likely extended to graduation ceremonies (although Court refused to consider graduation ceremonies)

33. School Prayer court determined conditions under which public students may pray or practice religion...court determined conditions under which public students may pray or practice religion... –"at any time before, during or after the school-day," as long as the practice does not interfere with other students including before eating a meal at schoolincluding before eating a meal at school –in meetings of organized prayer or worship groups, either informally or as a formal school organization -- IF -- other student clubs are also allowed at the school –can provide for a daily "moment of silence" to be observed as long as students are not encouraged to "pray" during the silent period. –student-led prayers or invocations are still delivered at graduations due to lower court rulings Supreme Court ruling of 2000 may halt this practiceSupreme Court ruling of 2000 may halt this practice

34. Contemporary Civil Liberties Issues... abortionabortionabortion capital punishmentcapital punishment religious expressionreligious expression –school prayer –sex education

36. Contemporary Civil Liberties Issues... abortionabortionabortion capital punishmentcapital punishment religious expressionreligious expression –school prayer –sex education –intelligent design

40. Background on Teaching Evolution Scopes v. The State (of Tennessee), 1927Scopes v. The State (of Tennessee), 1927 Epperson v. Arkansas, 1968Epperson v. Arkansas, 1968 Aguillard v. Edwards, 1987Aguillard v. Edwards, 1987 Kitzmiller v. Dover, 2005Kitzmiller v. Dover, 2005

42. Contemporary Civil Liberties Issues... abortionabortionabortion capital punishmentcapital punishment religious expressionreligious expression –school prayer –sex education –intelligent design –Ten Commandments

44. Civil Liberties -- Absolute or Competing Claims competing claimscompeting claims –individual rights vs. general welfare –competing rights claims trends (to 9/11)trends (to 9/11) –trend has been towards expansion of the definition and scope of civil liberties –fewer government actions on behalf of general interest can justify limiting civil liberties –more and more issues redefined as competing rights claims – the legalization of politics

45. Legalized Politics -- The Implications positive aspects of legalized politicspositive aspects of legalized politics –offers access –not based on popular opinion negative aspects of legalized politicsnegative aspects of legalized politics –constrains general welfare –atomizing –style of politics adversarialadversarial not prone to compromisenot prone to compromise

46. Main Point! overall trend has been for Americans to increasingly view themselves as rights- bearing individuals and to resolve political disputes in this manneroverall trend has been for Americans to increasingly view themselves as rights- bearing individuals and to resolve political disputes in this manner

47. SECURITY AND CIVIL LIBERTIES POST 9/11

49. Security and Civil Liberties – An Altered Balance Post-9/11 order/security vs. individual libertyorder/security vs. individual liberty immediate government reaction to 9/11immediate government reaction to 9/11 detention of non-citizens without laying chargesdetention of non-citizens without laying charges order that solicitor-client privilege would not be honored by Justice Departmentorder that solicitor-client privilege would not be honored by Justice Department refusing to provide name, location of detention or numbers of those arrestedrefusing to provide name, location of detention or numbers of those arrested –overwhelming public support 86% viewing govt’s action as appropriate (Newsweek)86% viewing govt’s action as appropriate (Newsweek)

50. Security and Civil Liberties – An Altered Balance Post-9/11 Uniting andUniting and StrengtheningStrengthening America byAmerica by ProvidingProviding AppropriateAppropriate ToolsTools Required toRequired to Intercept andIntercept and ObstructObstruct TerrorismTerrorism

51. Security and Civil Liberties – An Altered Balance Post-9/11 Uniting andUniting and StrengtheningStrengthening America byAmerica by ProvidingProviding AppropriateAppropriate ToolsTools Required toRequired to Intercept andIntercept and ObstructObstruct TerrorismTerrorism

52. Security and Civil Liberties – An Altered Balance Post-9/11 USA PATRIOT ActUSA PATRIOT Act –ratification of Ashcroft response broadened government ability to implement wiretappingbroadened government ability to implement wiretapping access to medical, financial, educational and other records (National Security letters)access to medical, financial, educational and other records (National Security letters) surveillance of emails and computerssurveillance of emails and computers power to detain and deport foreignerspower to detain and deport foreigners increased power to detect money launderingincreased power to detect money laundering –received overwhelming support in both House and Senate –significant public support

53. Source: ABC News Poll Vault. November 2001.

54. Security and Civil Liberties – An Altered Balance Post-9/11 USA PATRIOT ActUSA PATRIOT Act –ratification of Ashcroft response broadened government ability to implement wiretappingbroadened government ability to implement wiretapping access to medical, financial, educational and other records (National Security letters)access to medical, financial, educational and other records (National Security letters) surveillance of emails and computerssurveillance of emails and computers power to detain and deport foreignerspower to detain and deport foreigners increased power to detect money launderingincreased power to detect money laundering –received overwhelming support in both House and Senate –implementation, 2001-2005

61. Security and Civil Liberties – An Altered Balance Post-9/11 Patriot Act IIPatriot Act II making parts of PATRIOT Act set to expire permanentmaking parts of PATRIOT Act set to expire permanent

64. Security and Civil Liberties – An Altered Balance Post-9/11 Patriot Act IIPatriot Act II making parts of PATRIOT Act set to expire permanentmaking parts of PATRIOT Act set to expire permanent passed by House of Representatives and Senate, 2005passed by House of Representatives and Senate, 2005

65. Main Point! there is a strong tension between individual rights and collective well- being in the American political systemthere is a strong tension between individual rights and collective well- being in the American political system HOWEVER, both a recognized in the American constitution (and in American political practice)HOWEVER, both a recognized in the American constitution (and in American political practice)

66. The Constitution of the United States of America (1787) “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”