exam 2 study guide

Question 1

What are the basic models of government? Which model is utilized by most countries?

Answer 1

unitary system, federal system, confederal system unitary system most utilized. exs: China, japan, france, UK

Unitary: Centralized control, national government holds most of the power.
Federal: Power shared between national and state/provincial governments.
Confederal: Weak central government, strong local/regional governments.

Question 2

What are the strengths and weaknesses of each of the models?

Answer 2

Unitary: Strengths—uniform policy, centralized decision-making. Weaknesses—limited local flexibility.
Federal: Strengths—flexibility, local autonomy, policy experimentation. Weaknesses—complexity, potential for conflict between levels.
Confederal: Strengths—local control. Weaknesses—weak central authority, difficulty in coordination. I would choose a federal model for its flexibility and ability to adapt to local needs while still maintaining national cohesion and mutiple acess checkpoints of gateways to political engagement.

Question 3

What factors seem to be associated with the selection of a governing model?

Answer 3

Large land area, diverse populations, and large populations tend to favor federalism for balancing local and central interests.

Question 4

What is the distinction between Dual and Cooperative Federalism?

Answer 4

Dual: Clear division of responsibilities between national and state governments.
Cooperative: National and state governments share powers and work together on policies.

Question 5

Horizontal Federalism:

Answer 5

Refers to interactions between states. Key elements include interstate compacts, agreements on shared issues like resource management.

Question 6

how does horizontal and vertical federalism differ?

Answer 6

Horizontal federalism refers to the relationships and interactions between states within a federal system, like the United States. It’s about how states cooperate, compete, or handle disputes with each other, as opposed to vertical federalism, which focuses on the relationship between the national government and state governments.

Question 7

Horizontal federalism is the relationship among the states and includes key elements of state-to-state relations such as:

Answer 7

**interstate Compacts: **Formal agreements between two or more states to work together on shared issues like transportation, resource management, or environmental concerns.

Full Faith and Credit Clause: Requires each state to recognize the public acts, records, and judicial proceedings of other states (e.g., marriage licenses, court decisions).

Privileges and Immunities Clause: Prevents states from discriminating against citizens of other states in favor of their own residents (e.g., employment rights).

**Extradition: **If a person commits a crime in one state and flees to another, the state where the crime was committed can request the return of the person for trial or punishment.

Interstate Commerce: States must work within the boundaries of federal regulations when engaging in business or trade that affects multiple states.

These elements help maintain cooperation, legal consistency, and order among the states.

Question 8

What is the purpose of the Full Faith and Credit Clause?(article IV section 1.)

Answer 8

requires that states honor the public acts, records, and judicial decisions of other states. Its primary purpose is to promote unity and legal consistency across the states by ensuring that legal decisions and documents, such as court rulings, contracts, marriage licenses, and divorce decrees, are recognized and upheld nationwide.

Purpose:
Legal Consistency: It ensures that citizens do not have to worry about their legal status changing as they move from one state to another. For instance, a legally granted marriage or divorce in one state must be recognized in all others.

**Interstate Cooperation: **It promotes cooperation between states by preventing legal conflicts. Without this clause, people could easily evade obligations, like child support or alimony, simply by moving to another state.

Question 9

What problems are associated with this Full Faith and Credit Clause?

Answer 9

1. Differences in State Laws: While the Full Faith and Credit Clause aims to provide consistency, it can create tension when states have vastly different laws. For example:
   
   • Same-sex marriage: Before the U.S. Supreme Court’s ruling in Obergefell v. Hodges (2015) that legalized same-sex marriage nationwide, some states recognized these marriages while others did not, leading to legal disputes over whether a same-sex marriage from one state should be honored in another.
   • Divorce: States may have different residency requirements or rules on property division and alimony in divorce cases. This can lead to problems when a divorce decree granted in one state is challenged in another.
2. Public Policy Exception: In some cases, states have invoked a “public policy exception” to refuse recognition of another state’s law if it conflicts with their own deeply held legal or moral standards. This was seen in cases involving same-sex marriage and certain types of divorce, before federal rulings standardized them.
3. Complications in Recognition: Some states might interpret the clause differently or may hesitate to enforce rulings if they feel the ruling contradicts their own laws or moral values. For example, if a person gets divorced in a state with more lenient divorce laws, another state might be reluctant to honor that divorce if its own laws are stricter.

In summary, while the Full Faith and Credit Clause facilitates cooperation and legal consistency across states, issues arise when states have differing legal frameworks on sensitive matters like marriage and divorce. The clause tries to strike a balance between national unity and state autonomy, but legal conflicts can still occur.

Question 10

Privileges and Immunities Clause of Article IV, Section 2

Answer 10

citizens of each state are treated equally when they are in another state.

Travel and Residency: Citizens can move freely between states and reside wherever they choose.
Employment: Citizens of one state have the right to pursue employment opportunities in any other state without discrimination.
Access to Courts: Non-residents must have equal access to state courts and be able to bring or defend legal cases.

Question 11

Exceptions to Privileges and Immunities Protections

Answer 11

Out-of-State Tuition: States are permitted to charge higher tuition fees at public universities for out-of-state students. This exception recognizes the state’s interest in providing discounted education primarily to its residents, who contribute to the state through taxes.

Voting Rights: States can restrict voting in state and local elections to their residents. Non-residents do not have the right to vote in elections in states where they do not live.

**Professional Licensing: **States may require non-residents to meet specific qualifications for certain professions, such as law or medicine, even if they are licensed in another state. This is justified as a matter of protecting the state’s standards in public service.

State-Specific Regulations: Certain regulatory practices or laws may apply only to state residents, such as eligibility for welfare programs or fishing and hunting licenses, since these services are often funded by state taxes.

Question 12

What are the key principles associated with Interstate Rendition (Extradition)?

Answer 12

1. Constitutional Basis: The process of extradition is primarily governed by the U.S. Constitution, specifically Article IV,** Section 2.** the process by which one state in the U.S. surrenders a person charged with a crime to another state where the crime was committed
2. Formal Process: The extradition process involves:
   
   • Issuance of a Governor’s Warrant: The requesting state must provide legal documentation, often in the form of an arrest warrant, to substantiate the extradition request.
3. Provisional Arrest: In urgent cases, the state seeking extradition may request a provisional arrest while formal proceedings are initiated. This allows law enforcement to detain the fugitive temporarily until the extradition process is completed.
4. Non-Extradition Clauses: Some states may refuse to extradite individuals for specific charges, such as political offenses or crimes not recognized under their laws. This can complicate extradition if the accused has fled to such a state.
5. Habeas Corpus: Individuals facing extradition have the right to challenge their extradition in court through a habeas corpus petition, arguing against the legality of the extradition process or the underlying charges.
6. Full Faith and Credit: The Full Faith and Credit Clause supports the extradition process by mandating that states respect and enforce the laws and judicial decisions of other states, which is essential for the extradition of fugitives.
7. Legal Protections: Individuals subject to extradition retain certain rights, including the right to legal counsel and the right to contest the extradition based on factors such as the legitimacy of the charges or the conditions in the requesting state.

Conclusion:
Interstate rendition serves to uphold the rule of law by ensuring that individuals accused of crimes are held accountable, regardless of where they flee. However, it must balance state sovereignty, individual rights, and the practicalities of differing state laws.

Question 13

Does Full Faith and Credit extend to criminal proceedings?

Answer 13

The Full Faith and Credit Clause governs the recognition of civil rulings and records between states.
Criminal matters are handled through the extradition process, rather than full faith and credit, ensuring that fugitives can be returned to the state where they are charged.

Question 14

How has the Grant-in-Aid system been utilized to influence state policy?

Answer 14

Grant-in-Aid system **has been used by the federal government to influence state policy by providing financial assistance to states for specific programs or projects. **While these grants are intended to support state and local needs, they often come with conditions or requirements that effectively allow the federal government to guide state policies in areas traditionally controlled by the states. This system is a key way in which the federal government exerts influence over state policies, despite the federal structure of the U.S. government.

Key Ways Grant-in-Aid Influences State Policy:

1. Conditional Funding: The federal government attaches conditions to the grants, meaning that states must comply with certain rules or implement specific policies to receive the funds. These conditions often guide or mandate state policy in areas such as education, transportation, healthcare, and welfare.
   
   • Example: In the 1980s, the federal government used highway funding to influence state policy on the legal drinking age. States were required to raise the minimum drinking age to 21 or risk losing a portion of their federal highway funds (National Minimum Drinking Age Act of 1984). This pressured states to conform to federal preferences, even though drinking age laws are typically a state matter.
2. Matching Funds: Many grants require states to provide matching funds to receive federal money. This encourages states to allocate resources in specific areas that the federal government wants to prioritize, such as infrastructure, public health, or education.
   
   • Example: Medicaid is a joint federal-state program where the federal government provides matching funds to states based on their spending, which encourages states to expand healthcare services under federal guidelines.
3. Policy Innovation and Experimentation: Some grants, particularly block grants or categorical grants, are designed to encourage states to experiment with new policies or programs within specific guidelines. This allows the federal government to promote innovation at the state level while maintaining some control over how federal funds are used.
   
   • Example: The Temporary Assistance for Needy Families (TANF) program, a block grant, provides states with funding to develop welfare programs, but it also sets federal requirements for work participation rates and time limits for receiving benefits.
4. Incentives for Compliance: Grant-in-aid programs can serve as incentives for states to comply with federal policy priorities, even in areas where the federal government lacks direct authority. By offering or withholding funding, the federal government can push states to adopt policies that align with national goals.
   
   • Example: Federal education grants under programs like No Child Left Behind or Race to the Top have been used to promote education reform, encouraging states to adopt certain standards and accountability measures in exchange for funding.

Summary:
Through the Grant-in-Aid system, the federal government effectively shapes state policies by providing funding contingent upon meeting federal conditions. This system allows the federal government to influence state action on matters like education, healthcare, transportation, and welfare without directly legislating in these areas.

Question 15

What are the major types of grants-in-aid? What distinctive features of the various federal grants in-aid?

Answer 15

major types of grants-in-aid are categorical grants, block grants, and general revenue sharing.

1. Categorical Grants:
These grants are provided by the federal government for specific, narrowly defined purposes. They often come with strict regulations and guidelines on how the funds must be used.

• Features:
  
  • Specific Purpose: The funds must be spent on specific projects or programs, such as highway construction, education, or healthcare.
  • Strings Attached: Categorical grants typically come with conditions that states must meet in order to receive the funds. These conditions can include compliance with federal regulations or standards.
  • Two Types:
    
    • Project Grants: Awarded based on competitive applications for specific projects (e.g., research grants).
    • Formula Grants: Distributed according to a formula set by law, based on factors like population or income levels (e.g.,** Medicaid funding).**
• Example: Head Start Program (a project grant for early childhood education) and Medicaid (a formula grant for healthcare).

2. Block Grants:
Block grants provide federal funding for broad purposes, allowing states greater flexibility in how they use the funds. Unlike categorical grants, block grants have fewer federal restrictions.

• Features:
  
  • Broad Purpose: States can use block grants for a range of activities within a general policy area, such as healthcare, welfare, or law enforcement.
  • Flexibility: States have more discretion in determining how to spend the funds within the broad policy area.
  • Fewer Conditions: Block grants come with fewer federal requirements, giving states more control over the programs and services they provide

3. General Revenue Sharing (historical):
This type of grant provided federal funds directly to state and local governments with no specific purpose and very few restrictions on how the money could be used. It was used to give states the most flexibility in deciding how to allocate funds.
- Features:
- Unrestricted Use: State and local governments could spend the money as they saw fit, with minimal federal oversight.
- Maximum Flexibility: No specific conditions or requirements tied to how the funds were used.
- Discontinued: General revenue sharing was phased out in the 1980s due to concerns over federal spending and accountability.

• Example: The program existed from 1972 to 1986 but was eliminated under the Reagan administration.

Categorical grants tend to receive the most federal control, while block grants offer states greater autonomy. General revenue sharing, while offering the greatest flexibility, no longer exists as part of modern federal-state fiscal relations.

Question 16

Which type of aid tends to receive the greatest support from its recipients? Explain.

Answer 16

block grants are favored for their flexibility, local control, and fewer federal restrictions, making them the most supported form of aid by recipients.

Question 17

how did the expansion/extension of the Bill of Rights give the central government more power?

Answer 17

By extending the protections of the Bill of Rights to apply to states, the central government—particularly through the judicial branch—gained more authority to oversee and regulate state actions, ensuring uniform protection of constitutional rights across the country. This resulted in a significant expansion of federal power over individual liberties, civil rights, and state policies.

examples: 14th Amendment’s Due Process Clause, the U.S. Supreme Court gradually applied (incorporated) most of the Bill of Rights to the states, giving the federal government authority to review and potentially overrule state laws that violated individuals’ constitutional rights.
Brown v. Board of Education (1954), the federal government, through the courts, used the 14th Amendment to strike down state-enforced racial segregation in public schools, overriding state laws that were previously considered lawful.
Civil Rights Act of 1964 and the Voting Rights Act of 1965 allowed the federal government to enforce protections against discrimination in states, expanding the central government’s role in areas like voting and education.

Question 18

How did interpretations of commerce expand central government power?

Answer 18

Interpretations of the Commerce Clause in the U.S. Constitution significantly expanded the power of the central (federal) government by broadening its authority to regulate economic activities that affect interstate commerce. Over time, the Supreme Court’s interpretation of the Commerce Clause (Article I, Section 8) allowed the federal government to extend its influence into areas that were traditionally regulated by states.

Broad Definition of Commerce:

Early interpretations of the Commerce Clause, particularly in Gibbons v. Ogden (1824), established that the federal government had the power to regulate not only the buying and selling of goods across state lines but also broader economic activities that affected interstate commerce. This ruling marked a major expansion of federal authority over economic affairs.
Regulation of Intrastate Activities:

In later cases, the Supreme Court extended federal power to** regulate intrastate (within one state) activities i**f those activities had a substantial effect on interstate commerce. This interpretation allowed the federal government to step into areas like labor regulations and manufacturing, which were previously under state control.
Example: In **Wickard v. Filburn (1942), the Court ruled that even a farmer growing wheat **for personal use could be regulated under the Commerce Clause because his actions, when taken in the aggregate, affected national wheat prices and therefore interstate commerce. This dramatically broadened federal power to regulate economic activity within states.
Expansion into Social and Economic Policy:

Through the New Deal era, the federal government used the Commerce Clause to justify regulations that expanded federal involvement in labor, agriculture, and industry. Programs like the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) were upheld by the Supreme Court because they dealt with economic activities that could affect interstate commerce.
Example: The** FLSA (1938) set federal standards for minimum wage, overtime pay, and child labor,** which applied to industries engaged in or affecting interstate commerce. The Court upheld the law based on the broad interpretation of commerce.
Civil Rights:
The Commerce Clause was also used to support civil rights legislation, further expanding federal power. For instance, the Civil Rights Act of 1964 relied on the Commerce Clause to prohibit discrimination in public accommodations (such as hotels and restaurants) that engaged in interstate commerce.
Example: In Heart of Atlanta Motel v. United States (1964), the Supreme Court upheld the Civil Rights Act, ruling that the federal government could regulate businesses that engaged in interstate commerce, including the hotel that refused to serve African American customers.

Question 19

What is public opinion?

Answer 19

public opinion represents the collective preferences and beliefs of the public, which can guide political leaders and shape the direction of public policy.

Question 20

Who was the first person to engage in public opinion polling in the U.S.?

Answer 20

George Gallup

Question 21

What is the typical sample size for a national survey in the U.S.?

Answer 21

1500-2000

Question 22

What is meant by a sampling
error?

Answer 22

difference between the survey results obtained from a sample and the actual results that would be obtained if the entire population were surveyed. 3-5%

Question 23

What is meant by Random Probability Sampling Procedure (RPSP)?

Answer 23

a method of selecting a sample from a larger population in such a way that each member of the population has a known and equal chance of being chosen. keeps it reliable and valid. and allows for a known propbability (ex: 10% because selected 100 out 1000)

Question 24

What is the most important feature of an accurate public opinion poll?

Answer 24

Random sampling
The principle that ensures every individual in the population has an equal chance of being selected to participate in a public opinion poll is called “random sampling.” This method is essential for creating a representative sample, which helps eliminate bias and increases the reliability and validity of the poll results.

Question 25

Public opinion polls can be seen as both a benefit and a problem for American democracy HOW?

Answer 25

Public opinion polls can be seen as both a benefit and a problem for American democracy, depending on their use and interpretation.

Benefits of Public Opinion Polls:

1. Informed Decision-Making:
   
   • Polls provide valuable data about public attitudes and preferences, helping elected officials and policymakers understand the views of their constituents and make informed decisions.
2. Accountability:
   
   • By gauging public sentiment, polls hold elected officials accountable. Politicians may adjust their policies or actions based on what the public wants, leading to a more responsive government.
3. Engagement:
   
   • Polls can stimulate public interest in political issues and encourage civic engagement by highlighting important topics and encouraging discussions.
4. Predictive Insights:
   
   • Accurate polls can help forecast election outcomes and inform campaign strategies, contributing to a more democratic electoral process by reflecting the will of the people.

Problems with Public Opinion Polls:

1. Misinterpretation:
   
   • Poll results can be misinterpreted or misrepresented, leading to misinformation about public sentiment. This can skew public perception and influence political discourse negatively.
2. Manipulation:
   
   • Polls can be used strategically by political entities to manipulate public opinion or create a bandwagon effect, where people support a candidate or idea simply because they perceive it to be popular.
3. Overemphasis on Polling:
   
   • An excessive focus on polls can lead politicians to prioritize short-term popularity over long-term policy considerations, undermining meaningful governance.
4. Sampling Bias:
   
   • If polls are not conducted properly (e.g., through biased sampling methods), they may not accurately reflect the views of the entire population, leading to skewed results that misinform decision-making.

Conclusion:
Overall, public opinion polls have the potential to enhance American democracy by providing insights into public sentiment and encouraging government responsiveness. However, their effectiveness depends on how accurately and ethically they are conducted, interpreted, and used. Misuse or misrepresentation of polling data can undermine democratic processes and public trust.

Question 26

Public opinion variables have several important dimensions that impact how government officials interpret and respond to public attitudes.

Answer 26

Direction helps officials know where the public stands.
Intensity indicates how much weight to give to an issue due to strong feelings.
Saliency shows which issues need immediate attention.
Stability helps officials decide whether to implement long-term or temporary measures based on the consistency of public views.

Question 27

What were the basic patterns of public opinion? Which of these do government official like the
most?

Answer 27

• Most liked: Permissive opinion, as it provides flexibility. This allows government officials to implement policies based on expertise or long-term strategy without being tied down by rigid public expectations.
• Liked: Consensus opinion, as it ensures broad public support. Policies backed by consensus are less likely to face opposition and can be implemented more smoothly, reducing political friction.
• Least liked: Divisive opinion, as it complicates decision-making and risks political fallout. Pursuing a policy in a divisive climate often forces officials to choose sides, which can polarize the electorate and lead to a loss of support from one group or another.