1. Supremacy Clause
Concurrent Powers
Reserved Powers

2. Relationship of state govts to each other
* Article IV – Full faith and credit restriction * Privileges and immunities clause (also Article IV)

3. Theories of the relationship between national government and the states

4. DUAL SOVEREIGNTY 1. national govt rules by enumerated powers only
2. national govt has limited set of constitutionally granted powers
3. each government unit is sovereign within its sphere
4. relationship between states/nat govt is characterized by TENSION

5. COOPERATIVE FEDERALISM
Marble cake metaphor
Sharing of responsibilities and policy assignments, cooperation not just tension (e.g. after 9/11, national govt asked state and local govts to help investigate suspected terrorists).

6. Fiscal federalism- grants to state and local gov’t’s are instruments by which national gov’t both aids and influences states and localities.
TYPES OF GRANTS
Categorical – formula and project
Block

7. Other ways to restrict/compel states
PREEMPTION
MANDATES
Medicaid, Americans with Disabilities Act
(crossover sanction)

8. CIVIL LIBERTIES AND CIVIL RIGHTS
Civil liberties: freedoms from government interference
Civil rights: guarantees of equal treatment by the government

9. FREEDOM OF SPEECH Clear and present danger - 1919
(freedom of speech unless clear and present danger to nation)
Fighting words doctrine
Some words constitute violents acts, not protected by first amendment
Balancing doctrine – 1951
Background of Communism – balance must be struck in favor of resisting subversive behavior
Imminence test
Fundamental freedoms doctrine

10. Imminence test – 1960s
Government can only punish speech if it is directed toward inciting/producing imminent lawless action (action in near future) AND is likely to (actually) incite or produce such action
Fundamental freedoms doctrine 1960s (used to defend Vietnam War protestors) –
Says some constitutional freedoms such as freedom of speech are so fundamental to functioning of democracy that they deserve special preference, any law that threatens them must be subject to “strict scrutiny” by the court

11. Unprotected speech
Commercial
Libel
Obscenity

12. Freedom of Religion Establishment Clause, Free Exercise Clause
Standards for constitutionality of laws regarding religion (aid to church-related schools)
Law has secular/non-religious purpose
Law’s primary effect is neutral
Law doesn’t foster excessive entanglement by government in religion