Keeping the Republic. Christine BarbourЧитать онлайн книгу.
Over Time
The growth of national power through much of our history can be traced to the early decisions of Chief Justice John Marshall, notably McCulloch v. Maryland (90) and Gibbons v. Ogden (91); the constitutional consequences of the Civil War, during which the southern states sought to declare federal laws void within their borders, an unconstitutional process called nullification (91); the establishment of national supremacy in economics with the New Deal; and the new national responsibilities in protecting citizens’ rights that have been associated with the civil rights movement.
Federalism Today
Where states retain power, Congress can use authority and money to encourage state cooperation with its agenda in four ways: it can exercise no influence, letting states have their way; or it can issue categorical grants (95), giving states money in exchange for following specific instructions; block grants (96), giving states money in exchange for following broad mandates; or unfunded mandates (96), giving states no money but expecting compliance with national laws.
Descriptions of Images and Figures
Back to Figure
A diagram listing the constitutional division of powers between the federal government and the states. Concurrent powers are also included.
National Powers:
Admit new states into the union
Coin money
Regulate commerce with foreign nations and among the states
Declare war
Raise and maintain armies, navies
Conduct foreign affairs
Establish courts inferior to the Supreme Court
Make laws that are necessary for carrying out the powers vested by the Constitution
State Powers:
Regulate intrastate commerce
Maintain militia (National Guard)
Provide for public health, safety, and morals
Ratify amendments to the federal Constitution
Conduct elections and determine voter qualifications
Establish local governments
Concurrent Powers:
Borrow and spend money for the general welfare
Charter and regulate banks; charter corporations
Collect taxes
Pass and enforce laws
Take private property for public purposes, with just compensation
Establish highways
Establish courts
States expressly prohibited from:
Abridging the privileges or immunities of citizens or denying due process and equal protection of the laws (Fourteenth Amendment)
Coining money
Entering into treaties
Keeping troops or navies
Levying import or export taxes on goods
Making war
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A highly partisan political cartoon. President Franklin Roosevelt is shown happily steering the American ship of state toward economic recovery. A dark cloud labeled “depression” hangs in the distance with big businessmen labeled “detractors” underneath. A sailor labeled “the American people” looks out on the horizon to a rainbow labeled “recovery.”
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A political cartoon. Uncle Sam is shown holding a sack of federal benefits in one hand and a document that reads “federal authority” in the other. A smaller man wearing a jacket that reads “states’ rights” is accepting the federal benefits but rejecting the federal authority. The caption reads, “In two words, yes and no.”
A map of the United States illustrating each state’s dominant political ideology, and if the state receives more in benefits than it receives in taxes (net winners or net losers).
The following states are ranked as “Most Conservative”: South Carolina, Georgia, Alabama, Tennessee, Mississippi, Louisiana, Arkansas, Texas, Oklahoma, Nebraska, North Dakota, Wyoming, Utah, Idaho
The following states are ranked as “More Conservative”: North Carolina, West Virginia, Kentucky, Indiana, Missouri, Kansas, Iowa, South Dakota, Montana, Nevada, and Alaska
The following states are ranked as “More Liberal”: Pennsylvania, Delaware, Virginia, Florida, Ohio, Michigan, Illinois, Wisconsin, Minnesota, Colorado, New Mexico, and Arizona. Washington, D.C., is also categorized as “More Liberal.”
The following states are ranked as “Most Liberal”: Maine, New Hampshire, Vermont, Massachusetts, New York, Rhode Island, Connecticut, New Jersey, Maryland, California, Oregon, Washington, and Hawaii.
In general, most of the southern and midwestern states are predominantly conservative, and most of the northeastern and western states are predominantly liberal.
The following states are ranked as “Net Takers”: Maine, Delaware, Maryland, Pennsylvania, Virginia, West Virginia, North Carolina, South Carolina, Florida, Georgia, Alabama, Mississippi, Tennessee, Kentucky, Indiana, Michigan, Wisconsin, Iowa, Missouri, Arkansas, Louisiana, Arizona, Nevada, Montana, Idaho, Washington, Oregon, Alaska, Vermont, Rhode Island, Ohio, South Dakota, Kansas, Oklahoma, Colorado, Utah, and Hawaii.
The following states are ranked as “Net Payers”: Texas, California, Nebraska, New Hampshire, Illinois, Minnesota, Massachusetts, Wyoming, New York, Connecticut, North Dakota, and New Jersey.
4 Fundamental American Liberties
Ira Berger/Alamy
In Your Own Words
After you’ve read this chapter, you will be able to
4.1 Define rights and liberties and their role in a democratic society.
4.2 Explain how the Bill of Rights relates to the federal government and to the states.
4.3 Describe how the First Amendment protects both church and state, as well as individuals’ religious freedom.
4.4 Explain the value of freedom of expression and how its protections have been tested.
4.5 Give examples of different interpretations of the Second Amendment’s meaning.
4.6 Describe the protections afforded criminal defendants under the Constitution.
4.7 Discuss the extent of an individual’s right to privacy.
4.8 Compare the idea of civil rights with civil obligations.
What’s at Stake . . . in Regulating the Internet?
Net neutrality. It’s the kind of free expression issue the founders never dreamed of.
Even the founders of the Internet had no