The States Ask Students to Recall What They Learned BEFORE YOU READ TAKING As You Read, About Federal and State Powers in Chap- NOTES Take Notes on Ter 3
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Federal Systems and Accommodation of Distinct Groups: a Comparative Survey of Institutional Arrangements for Aboriginal Peoples
1 arrangements within other federations will focus FEDERAL SYSTEMS AND on provisions for constitutional recognition of ACCOMMODATION OF DISTINCT Aboriginal Peoples, arrangements for Aboriginal GROUPS: A COMPARATIVE SURVEY self-government (including whether these take OF INSTITUTIONAL the form of a constitutional order of government ARRANGEMENTS FOR ABORIGINAL or embody other institutionalized arrangements), the responsibilities assigned to federal and state PEOPLES1 or provincial governments for Aboriginal peoples, and special arrangements for Ronald L. Watts representation of Aboriginal peoples in federal Institute of Intergovernmental Relations and state or provincial institutions if any. Queen's University Kingston, Ontario The paper is therefore divided into five parts: (1) the introduction setting out the scope of the paper, the value of comparative analysis, and the 1. INTRODUCTION basic concepts that will be used; (2) an examination of the utility of the federal concept (1) Purpose, relevance and scope of this for accommodating distinct groups and hence the study particular interests and concerns of Aboriginal peoples; (3) the range of variations among federal The objective of this study is to survey the systems which may facilitate the accommodation applicability of federal theory and practice for of distinct groups and hence Aboriginal peoples; accommodating the interests and concerns of (4) an overview of the actual arrangements for distinct groups within a political system, and Aboriginal populations existing in federations -
Democracy in the United States
Democracy in the United States The United States is a representative democracy. This means that our government is elected by citizens. Here, citizens vote for their government officials. These officials represent the citizens’ ideas and concerns in government. Voting is one way to participate in our democracy. Citizens can also contact their officials when they want to support or change a law. Voting in an election and contacting our elected officials are two ways that Americans can participate in their democracy. Voting booth in Atascadero, California, in 2008. Photo by Ace Armstrong. Courtesy of the Polling Place Photo Project. Your Government and You H www.uscis.gov/citizenship 1 Becoming a U.S. Citizen Taking the Oath of Allegiance at a naturalization ceremony in Washington, D.C. Courtesy of USCIS. The process required to become a citizen is called naturalization. To become a U.S. citizen, you must meet legal requirements. You must complete an interview with a USCIS officer. You must also pass an English and Civics test. Then, you take the Oath of Allegiance. This means that you promise loyalty to the United States. When you become a U.S. citizen, you also make these promises: ★ give up loyalty to other countries ★ defend the Constitution and laws of the United States ★ obey the laws of the United States ★ serve in the U.S. military (if needed) ★ do important work for the nation (if needed) After you take the Oath of Allegiance, you are a U.S. citizen. 2 Your Government and You H www.uscis.gov/citizenship Rights and Responsibilities of Citizens Voting is one important right and responsibility of U.S. -
Congressional Retraction of Federal Court Jurisdiction to Protect the Reserved Powers of the States: the Helms Prayer Bill and a Return to First Principles
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Villanova University School of Law: Digital Repository Volume 27 Issue 5 Article 7 1982 Congressional Retraction of Federal Court Jurisdiction to Protect the Reserved Powers of the States: The Helms Prayer Bill and a Return to First Principles James McClellan Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Constitutional Law Commons, and the Courts Commons Recommended Citation James McClellan, Congressional Retraction of Federal Court Jurisdiction to Protect the Reserved Powers of the States: The Helms Prayer Bill and a Return to First Principles, 27 Vill. L. Rev. 1019 (1982). Available at: https://digitalcommons.law.villanova.edu/vlr/vol27/iss5/7 This Symposia is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. McClellan: Congressional Retraction of Federal Court Jurisdiction to Protect 1981-82] CONGRESSIONAL RETRACTION OF FEDERAL COURT JURISDICTION TO PROTECT THE RESERVED POWERS OF THE STATES: THE HELMS PRAYER BILL AND A RETURN TO FIRST PRINCIPLES JAMES MCCLELLAN t S INCE THE EARLIEST DAYS OF THE WARREN COURT, countless bills have been introduced in Congress which would deny the federal courts jurisdiction over a great variety of subjects ranging from busing to abortion.' The exceptions clause of article III of the Constitution provides Congress with the authority to enact such bills. 2 While none of these proposed bills has been enacted into law, it is noteworthy that two have passed at least one house of Congress, and that both of these have sought to deny all federal courts, including the Supreme Court, jurisdiction over certain cases arising under the fourteenth amendment. -
Three Federalisms Randy E
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2007 Three Federalisms Randy E. Barnett Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: http://scholarship.law.georgetown.edu/fwps_papers/23 This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: http://scholarship.law.georgetown.edu/fwps_papers THREE FEDERALISMS RANDY E. BARNETT* ABSTRACT: Debates over the importance of “federalism” are often obscured by the fact that there are not one, but three distinct versions of constitutional federalism that have arisen since the Founding: Enumerated Powers Federalism in the Founding era, Fundamental Rights Federalism in the Reconstruction era, and Affirmative State Sovereignty Federalism in the post-New Deal era. In this very short essay, my objective is to reduce confusion about federalism by defining and identifying the origin of each of these different conceptions of federalism. I also suggest that, while Fundamental Rights Federalism significantly qualified Enumerated Powers Federalism, it was not until the New Deal’s expansion of federal power that Enumerated Powers Federalism was eviscerated altogether. To preserve some semblance of state discretionary power in the post-New Deal era, the Rehnquist Court developed an ahistorical Affirmative State Sovereignty Federalism that was both under- and over-inclusive of the role of federalism that is warranted by the original meaning of the Constitution as amended. In my remarks this morning, I want to explain how there are, not one, but three distinct versions of federalism that have developed since the Founding. -
History SS Federalism Today Complex Project
Item Name: Federalism Today Item Type: Complex Project Subject and/or U.S. Government/Civics, Grade 11-12 Course: CCSS.ELA-LITERACY.RH.11-12.1 Cite specific textual evidence to support analysis of primary and secondary sources… CCSS.ELA-LITERACY.RH.11-12.9 Compare and contrast treatments of the same topic in several primary and secondary sources… Common Core CCSS.ELA-Literacy.WHST.11-12.1 Write arguments focused on discipline-specific content…. Standards: CCSS.ELA-Literacy.WHST.11-12.7 Conduct short as well as more sustained research projects to answer a question… CCSS.ELA-Literacy.WHST.11-12.8 Gather relevant information from multiple authoritative print and digital sources… Published by Summit Public Schools (some modifications Developer/Source: made.) Administration: Curriculum-embedded Length of time for response: Multiple weeks Item Features: Method of scoring: Analytic Rubric Opportunity for student collaboration: Once a week Opportunity for teacher feedback and revision: Daily Collection of performance assessment items compiled by Overview This learning module will prepare you to write an argument over which level of government, federal or state, should have the authority and power when making and executing laws on controversial issues. You will research an issue of your choice, write an argument in support of your position, and then present it to a panel of judges. Standards AP Standards: APS.SOC.9-12.I Constitutional Underpinnings of United States Government APS.SOC.9-12.I.D - Federalism Objective: Understand the implication(s) -
Federalism in the Constitution
Federalism in the Constitution As you read each paragraph, answer the questions in the margin. The United States is one country—but it’s also a bunch of states. You When creating the Constitution, what could almost say it’s a group of states that are, well, united. When we things did we need our central created the Articles of Confederation, each state already had its own government to be able to do? government and court system, so the new Americans weren’t exactly running amok. But if the new United States was going to be able to deal with other nations, it needed one government that would speak for the entire country. It also needed one central government to do things like declare war on other countries, keep a military, and negotiate treaties with other countries. There also needed to be federal courts where citizens from different states could resolve their disputes. So, the Founders created the Constitution to do those things. Define federalism. The United States Constitution created a central government known as the federal government. The federal government deals with issues that affect the entire country. Each state also has its own state government that only handles the affairs of that state. This division of power between a central government and state governments is called federalism. The federal government gets all of its power from the Create a Venn Diagram, with labels, that shows Constitution. These federal powers are listed in the the relationship between the federal powers, Constitution. In order to keep the federal government from reserve powers, and concurrent powers. -
State Revival the Role of the States in Australia’S COVID-19 Response and Beyond
State revival The role of the states in Australia’s COVID-19 response and beyond Australia’s states and territories have taken the lead in addressing the COVID-19 pandemic, supported by constitutional powers and popular mandates. With the states newly emboldened, further action on climate change, changes to federal–state financial arrangements and reform of National Cabinet could all be on the agenda. Discussion paper Bill Browne July 2021 ABOUT THE AUSTRALIA INSTITUTE The Australia Institute is an independent public policy think tank based in Canberra. It is funded by donations from philanthropic trusts and individuals and commissioned research. We barrack for ideas, not political parties or candidates. Since its launch in 1994, the Institute has carried out highly influential research on a broad range of economic, social and environmental issues. OUR PHILOSOPHY As we begin the 21st century, new dilemmas confront our society and our planet. Unprecedented levels of consumption co-exist with extreme poverty. Through new technology we are more connected than we have ever been, yet civic engagement is declining. Environmental neglect continues despite heightened ecological awareness. A better balance is urgently needed. The Australia Institute’s directors, staff and supporters represent a broad range of views and priorities. What unites us is a belief that through a combination of research and creativity we can promote new solutions and ways of thinking. OUR PURPOSE – ‘RESEARCH THAT MATTERS’ The Institute publishes research that contributes to a more just, sustainable and peaceful society. Our goal is to gather, interpret and communicate evidence in order to both diagnose the problems we face and propose new solutions to tackle them. -
Constitutional Uncertainties from Presidential Tax Return Release Laws
Releasing the 1040, Not so EZ: Constitutional Uncertainties from Presidential Tax Return Release Laws# Matthew M. Ryan* Introduction ............................................................................................ 209 I. U.S. Term Limits, Inc. v. Thornton ..................................................... 211 II. What is a Qualification? ..................................................................... 212 A. Targeting a Class of Candidates .......................................... 212 B. Impermissibly Barring or Hindering Candidacy .................. 213 III. The Protection of Informational Privacy .......................................... 213 IV. Anti-Corruption Interest: Emoluments Clauses ................................ 216 V. State Power in Presidential Elections ................................................. 217 VI. Slippery Slope .................................................................................. 220 INTRODUCTION On multiple fronts, Americans are pursuing President Trump’s tax returns: a senator through legislation, a district attorney and congressional committees through investigation, and voters through protest and persuasion.1 None have succeeded. DOI: https://doi.org/10.15779/Z38KK94C89. Copyright © 2020 Matthew M. Ryan. # An extended version of this Article can be found in the Hastings Constitutional Law Quarterly. See Matthew M. Ryan, Releasing the 1040, Not so EZ: Constitutional Ambiguities Raised by State Laws Mandating Tax Return Release for Presidential Candidates, 47 HASTINGS CONST. -
Tools and Techniques of Effective Governors
MANAGEMENT BRIEF: TRANSITION INTO OFFICE Tools and Techniques of Effective Governors Introduction independent authority around critical issues such as budgeting, personnel and procurement. A governor’s Over the past several years, National Governors authority in these areas will be more limited. Association (NGA) Consulting has conducted considerable research and produced resources for the A business CEO will usually exercise more control organization and operation of the governor’s office. over his or her board of directors than a governor can Recently, NGA Consulting has focused its attention exercise over an independent legislature. A legislator, on the governor’s role in leadership and management an academic or an advocate can focus on broad policy of state government. As this work progressed, it issues with little immediate concern for the became clear that those who seek to be governor or mechanics of implementation. A governor must see who play important roles in the governor’s office that his or her policies not only are adopted but should understand the tools available to help implemented in an effective and efficient manner. governors effectively lead and manage state Individuals outside the executive branch can point government. fingers and raise questions because their role is often to hold others accountable. In most cases, it is the This management brief provides an overview of the governor who will be accountable in the public’s eye primary tools available to governors: and who must realize that indeed “the buck stops here.” • Accessing information; • Setting priorities; Many officials in business and politics struggle for • Managing the governor’s staff; media attention, but governors are constantly in the • Selecting key personnel; public eye. -
Unicameralism and the Indiana Constitutional Convention of 1850 Val Nolan, Jr.*
DOCUMENT UNICAMERALISM AND THE INDIANA CONSTITUTIONAL CONVENTION OF 1850 VAL NOLAN, JR.* Bicameralism as a principle of legislative structure was given "casual, un- questioning acceptance" in the state constitutions adopted in the nineteenth century, states Willard Hurst in his recent study of main trends in the insti- tutional development of American law.1 Occasioning only mild and sporadic interest in the states in the post-Revolutionary period,2 problems of legislative * A.B. 1941, Indiana University; J.D. 1949; Assistant Professor of Law, Indiana Uni- versity School of Law. 1. HURST, THE GROWTH OF AMERICAN LAW, THE LAW MAKERS 88 (1950). "O 1ur two-chambered legislatures . were adopted mainly by default." Id. at 140. During this same period and by 1840 many city councils, unicameral in colonial days, became bicameral, the result of easy analogy to state governmental forms. The trend was reversed, and since 1900 most cities have come to use one chamber. MACDONALD, AmER- ICAN CITY GOVERNMENT AND ADMINISTRATION 49, 58, 169 (4th ed. 1946); MUNRO, MUNICIPAL GOVERN-MENT AND ADMINISTRATION C. XVIII (1930). 2. "[T]he [American] political theory of a second chamber was first formulated in the constitutional convention held in Philadelphia in 1787 and more systematically developed later in the Federalist." Carroll, The Background of Unicameralisnl and Bicameralism, in UNICAMERAL LEGISLATURES, THE ELEVENTH ANNUAL DEBATE HAND- BOOK, 1937-38, 42 (Aly ed. 1938). The legislature of the confederation was unicameral. ARTICLES OF CONFEDERATION, V. Early American proponents of a bicameral legislature founded their arguments on theoretical grounds. Some, like John Adams, advocated a second state legislative house to represent property and wealth. -
Factors Determining the Success of Congressional Efforts to Reverse Supreme Court Interpretations of the Constitution
William & Mary Law Review Volume 33 (1991-1992) Issue 2 Article 6 February 1992 Looking Down From the Hill: Factors Determining the Success of Congressional Efforts to Reverse Supreme Court Interpretations of the Constitution Mark E. Herrmann Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Constitutional Law Commons, and the Juvenile Law Commons Repository Citation Mark E. Herrmann, Looking Down From the Hill: Factors Determining the Success of Congressional Efforts to Reverse Supreme Court Interpretations of the Constitution, 33 Wm. & Mary L. Rev. 543 (1992), https://scholarship.law.wm.edu/wmlr/vol33/iss2/6 Copyright c 1992 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr LOOKING DOWN FROM THE HILL: FACTORS DETERMINING THE SUCCESS OF CONGRESSIONAL EFFORTS TO REVERSE SUPREME COURT INTERPRETATIONS OF THE CONSTITUTION That there ought to be one court of supreme and final juris- diction, is a proposition which is not likely to be contested.... A legislature, without exceeding its province, cannot reverse a determination once made in a particular case; though it may prescribe a new rule for future cases.' Throughout the 200-year history of the United States Consti- tution, frequent debate has arisen over the proper roles of the three branches of the federal government in interpreting the Constitution. The Supreme Court has, in recent years, expressed the view that the federal judiciary is supreme in the exposition of the law under the Constitution. 2 Under this view, once the Supreme Court has spoken regarding a constitutional issue, only the Court itself can alter that interpretation of the Constitution. -
Article 14 of the Constitution of India Reads As Under
1 ANNEXURE II 1. EQUALITY RIGHTS (ARTICLES 14 – 18) 1.1 Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” 1.2 The said Article is clearly in two parts – while it commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept. The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all. It is positive in character. Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally Article 15 secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or any of them. However, this Article does not prevent the State from making any special provisions for women or children. Further, it also allows the State to extend special provisions for socially and economically backward classes for their advancement. It applies to the Scheduled Castes (SC) and Scheduled Tribes (ST) as well. Article 16 assures equality of opportunity in matters of public employment and prevents the State from any sort of discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them.