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| | == "federalism" == | | == "federalism" == |
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| − | Finally Justice Kennedy mentions federalism, which is unique to American government: "federalism was the unique contribution of the Framers to political science and political theory." Justice Kennedy declares that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one." The "two governments" he references here are the federal (United States, or national government) and the state governments (for example, New Jersey). According to Justice Kennedy, this helps enhance liberty as the existence of state governments serve as a buffer and limit on how big and intrusive the federal government can grow. | + | Finally Justice Kennedy mentions "federalism", which is unique to American government: "federalism was the unique contribution of the Framers to political science and political theory." Justice Kennedy declares that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one." The "two governments" he references here are the federal (United States, or national government) and the state governments (for example, New Jersey). According to Justice Kennedy, this helps enhance liberty as the existence of state governments serve as a buffer and limit on how big and intrusive the federal government can grow. |
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| | + | The term "federalism" is difficult for many students to fully understand, because different variations of the terms are used to mean different things, depending on the contest. Here are examples: |
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| | + | *"federal government"="national government," or "United States" |
| | + | *"Federalist Papers"=a collection of essays in 1787-88 supporting ratification of the U.S. Constitution |
| | + | *"Federalist Party"=a political party from 1796-1815 which supported a strong national government |
| | + | *"Federal Express"=a private company that delivers packages quickly; it has no connection with the federal government |
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| | + | Notice how the term "federalism" has a different meaning from all of the above: |
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| | + | *"federalism"=a collection of both state governments and a national government |
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| | + | Indeed, when the term "federalism" is used today, it is used to emphasize the importance of preserving the role for state governments, and for limiting the power of the federal (national) government in order to make room for the states. |
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| | Whether Justice Kennedy is correct about that remains debatable. Often the federal government simply intrudes into new areas without any regard for state government. But there are times when the tradition of state government -- which precedes the creation of the United States -- does seem to protect liberty and freedom. An example is homeschooling, which is within the exclusive domain of state government. Congress does not and probably could not pass a law to regulate homeschooling, and it remains free and unregulated in New Jersey and about ten other states. And when New Jersey tried to require homeschoolers to take the same tests that are given in public schools, a federal law requiring withholding of federal money if New Jersey did so became an obstacle. New Jersey public school teachers gave up on its plan because they did not want to lose the federal money. | | Whether Justice Kennedy is correct about that remains debatable. Often the federal government simply intrudes into new areas without any regard for state government. But there are times when the tradition of state government -- which precedes the creation of the United States -- does seem to protect liberty and freedom. An example is homeschooling, which is within the exclusive domain of state government. Congress does not and probably could not pass a law to regulate homeschooling, and it remains free and unregulated in New Jersey and about ten other states. And when New Jersey tried to require homeschoolers to take the same tests that are given in public schools, a federal law requiring withholding of federal money if New Jersey did so became an obstacle. New Jersey public school teachers gave up on its plan because they did not want to lose the federal money. |
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| | ==Quiz== | | ==Quiz== |
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| − | This week the assignment will be to take the fourth quiz, which will cover only the material in this lecture. The quiz will be emailed to you. Be sure to have a basic understanding of the Amendments explained in this lecture, and the key terms in the quote by Justice Kennedy (as explained by this lecture). Try to understand the "big picture," and these key decisions by the U.S. Supreme Court: ''Marbury v. Madison'', ''Engel v. Vitale'', and ''Miranda v. Arizona''. | + | This week the assignment will be to take the fourth quiz, which will cover only the material in this lecture. The quiz will be emailed to you. Be sure to have a basic understanding of the Amendments explained in this lecture, and the key terms in the quote by Justice Kennedy (as explained by this lecture). Try to understand the "big picture," and these key decisions by the U.S. Supreme Court: ''Marbury v. Madison'', ''Engel v. Vitale'', ''Miranda v. Arizona'', and ''Roe v. Wade''. |
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| | == References == | | == References == |