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| | A good understanding of government and politics also enables students to understand American history better, and to recognize the differences between the state today. Why was Philadelphia the biggest and most prosperous city in the colonial era? It was the colony that welcomed settlers the most, and was based on strong Christian principles. Only Philadelphia prohibited gambling, and such moral values enabled it to thrive and prosper. Its founder, William Penn, learned first-hand in England the consequences of interference with the free exercise of religion. Fortunately, he was acquitted of the criminal charges against him due to jury nullification. | | A good understanding of government and politics also enables students to understand American history better, and to recognize the differences between the state today. Why was Philadelphia the biggest and most prosperous city in the colonial era? It was the colony that welcomed settlers the most, and was based on strong Christian principles. Only Philadelphia prohibited gambling, and such moral values enabled it to thrive and prosper. Its founder, William Penn, learned first-hand in England the consequences of interference with the free exercise of religion. Fortunately, he was acquitted of the criminal charges against him due to jury nullification. |
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| − | This lecture we review and build on what we have already learned.
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| | == The Supremacy Clause == | | == The Supremacy Clause == |
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| | This ''McCulloch v. Maryland'' decision is important for another reason too. The Court held that Congress has unenumerated powers that are not expressly given to it by the U.S. Constitution. Nowhere in the Constitution is the power to create a national bank given to the federal government. But under the '''"Elastic Clause"''' (also known as the '''"Necessary and Proper Clause"''') of the U.S. Constitution, Congress has the power to "make all laws which shall be necessary and proper for carrying into execution." That clause has been used repeatedly by Congress to make laws where it does not have an express grant of power by the Constitution to do so. | | This ''McCulloch v. Maryland'' decision is important for another reason too. The Court held that Congress has unenumerated powers that are not expressly given to it by the U.S. Constitution. Nowhere in the Constitution is the power to create a national bank given to the federal government. But under the '''"Elastic Clause"''' (also known as the '''"Necessary and Proper Clause"''') of the U.S. Constitution, Congress has the power to "make all laws which shall be necessary and proper for carrying into execution." That clause has been used repeatedly by Congress to make laws where it does not have an express grant of power by the Constitution to do so. |
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| − | Even today, preemption is still a major issue. In 2011, the Supreme Court ruled that the Federal Arbitration Act (which requires that courts generally enforce [[arbitration]] agreements) preempts state law that has the effect of requiring [[class action]] procedures to be available in consumer disputes. ''AT&T Mobility v. Concepcion'', 131 S.Ct. 1740 (2011). In 2012, the Supreme Court prevented Arizona from enforcing its immigration enforcement bill SB 1070, stating that the federal government has taken over the exclusive area of enforcement of immigration law, and therefore Arizona cannot enforce some of the provisions of SB 1070. ''Arizona v. U.S.'', 132 S.Ct. 2492 (2012)
| + | The Supremacy Clause continues to invalidate State laws. In 2011, the Supreme Court ruled that the Federal Arbitration Act (which requires that courts generally enforce [[arbitration]] agreements) preempts State laws that have the effect of requiring [[class action]] procedures to be available in consumer disputes. ''AT&T Mobility v. Concepcion'', 131 S.Ct. 1740 (2011). And in 2012, the Supreme Court prevented Arizona from enforcing its immigration enforcement bill SB 1070, stating that the federal government has taken over the exclusive area of enforcement of immigration law, and therefore Arizona cannot enforce some of the provisions of SB 1070. ''Arizona v. U.S.'', 132 S.Ct. 2492 (2012) |
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| | == "The Power to Tax" == | | == "The Power to Tax" == |
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| | Answer the first five questions, and then two of the remaining three, for a total of seven questions: | | Answer the first five questions, and then two of the remaining three, for a total of seven questions: |
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| − | <br>1. The Supremacy Clause may be the most important provision in the entire U.S. Constitution. Discuss.
| + | 1. The Supremacy Clause may be the most important provision in the entire U.S. Constitution. Discuss. |
| | <br>2. What is the 16th Amendment, and how did it change the United States? | | <br>2. What is the 16th Amendment, and how did it change the United States? |
| | <br>3. What is the Voting Rights Act, and what is your view of it? Is New Jersey covered by it (simply yes or no)? | | <br>3. What is the Voting Rights Act, and what is your view of it? Is New Jersey covered by it (simply yes or no)? |
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| | '''Extra credit''' (answer two of the following five questions): | | '''Extra credit''' (answer two of the following five questions): |
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| − | 9. Had you ever heard of "busing" prior to this lecture, and do you have an opinion about it? Explain. | + | 9. Even an offhand statement at a birthday party can have immense political consequences. Discuss. |
| − | <br>10. Even a statement at a birthday party can have political consequences. Discuss.
| + | <br>10. Had you ever heard of "busing" prior to this lecture, and do you have an opinion about it? Explain. |
| | <br>11. Any issue in this lecture. | | <br>11. Any issue in this lecture. |
| | <br>12. Any issue discussed in this entire course so far. | | <br>12. Any issue discussed in this entire course so far. |