GVPT 170 Lecture Notes - Lecture 4: Equal Protection Clause, Fourteenth Amendment To The United States Constitution, Patient Protection And Affordable Care Act

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Document Summary

Problems: fragmentizes authority, checks and balances make conservative political processes. Minorities will frustrate will of the majority: constitution is political necessity, not rational theory. Major events that brought up federal dispute: disaster relief: fed v state, marijuana: schedule 1 drug under federal jurisdiction, but legal in colorado, medicaid expansion under obamacare. Political federalism: equal protection clause, 14th amendment. Dual federalism: separate spheres for states and fed v. equal protection clause, due process clause, 14th amendment. Balance: national preeminence in cases of civil rights, state preemince in other cases, some cases fall in the middle. Fiscal federalism: state grants: money given to the states so the fed gov can get them to do what they want. Allows fed gov to side step constitutional concerns. Ex. highway systems: during recessions, states turn to fed gov for nancial help. Administrative federalism: epa and air pollution. Prior to obrgefell v hodges: gay marriage is legal.

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