...Anthony Cuda HST 388 Court in Context 9/21/14 McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
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...Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s Influence: Setting the Boundaries of Federal-State Power Chapter Summary The foremost characteristic of the American political system is its division of authority between a national government and the states. The first U.S. government, established by the Articles of Confederation, was essentially a loose alliance of states. In establishing the basis for...
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...Federalism Chapter Summary I. Defining Federalism (66-70) A. What Is Federalism? Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Power is shared between units of government. Most governments in the world, like Great Britain, are unitary governments, in which all power resides in the central government. The American states are unitary governments with respect to their local governments. A confederation is a governmental structure in which the national government is weak and most power is in the hands of its components, or states. The term intergovernmental relations refers to the interactions among national, state, and local governments. B. Why Is Federalism So Important? Federalism decentralizes our politics in many ways. For example, senators are elected to represent their state, not the nation. With more levels of government, more opportunities exist for political participation. Judicial power also is enhanced by federalism. Federalism also decentralizes our policies. The history of federalism demonstrates the tension between the states and the national government over who should control policy. The overlapping powers of the two levels of government mean that most debates over policy become debates over federalism. States are responsible for most public policies dealing with social, family, and moral issues. These become national issues when brought to the national government...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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