Debate Number One: Annotated Bibliography



Debate Number One: Annotated Bibliography

Scott Boisvert

Basha High School

References

Primary Debate Topics:

• Right to Privacy (abortion, gay rights)

• Education

• Immigration

Arizona Senate, (2010). Arizona immigration law, SB 1070. Phoenix, AZ:

The law states that Arizona officials can enforce the federal immigration laws according to those laws. The federal government argues that Arizona has overstepped its line of governing. The law is a prime example of the federal government removing states from the governmental framework, and instead retaining the power for their own motives.

Blanton, D. (2010, May 20). Fox news poll: States should have right to make immigration laws. Retrieved from

This article sites statistics regarding public opinion of Arizona’s new immigration bill, SB 1070. It demonstrates that the public is in overwhelming support of Arizona’s position in the federal case. These statistics help to show that the federal centralization and overall abuse of power usurps that of the states in the public’s eyes. It leads to questions regarding the legitimacy of federal action when the majority of the American society disagrees with their actions.

California Office of Privacy Protection (April 8, 2010). Privacy laws. Retrieved from

This source refers to the California state legislature's penal code on the ability of state law enforcement agencies' use of wire taps on California citizens. It articulates the conditions and requirements necessary for California officers to 'tap' any form of electronic communication occurring in the state of California. This is relevant to our argument because it verifies that the National government has not usurped state and civil rights with such laws as the Patriot Act, because such laws are also being instituted at the state level.

Clark, K. (2009, August 19). Budget cuts take toll on education - US news and world report. US News & World Report,.

Clark explains in her article about how educational budget cuts are taking a toll on state educational institutions. She states how the recessional period that the United States is currently going through is forcing states to take different measures to try and situate students in classes so that they are not breaking the No child left behind act. Also this drastic budget cuts are also leading to fewer choices and opportunities for students to embark on. Clark’s article gives the reader an insight of how the Federal Government hand is in play in all the states budgetary issues. The debate will have some key points in which I have described above.

Federal defense of marriage act. (2008). Retrieved from

The site has information containing the DOMA act. The act is a federal stipulation on marriage, which defines the term as being only a union between a man and a woman. DOMA also requires that a spouse only be a husband or wife of the opposite sex. The information from the DOMA act is used to show the power the federal government holds over the states, and how federal definitions surpass state intentions and directives. The act was put in place as a direct response to Hawaii’s attempt at legalizing gay marriage.

Guttmacher Institute (August 1, 2010). State policies in brief: An overview of abortion laws. Retrieved from

Right to Privacy: Supreme Court Case Roe vs. Wade (1973) The Constitution gives women their privacy if they wanted to have an abortion. This article has very important information concerning each of the 50 state abortion laws. Also it illustrates the regulations of when and under what circumstance a woman can get an abortion.

Longley, Robert (2010). Federalism: National vs. state government. Retrieved from

This site clearly elicits the powers of the state and national government. Federalism is the “sharing” of powers between national and state governments. One of the most significant given solely to the Federal government is that it makes laws that are necessary to enforce the Constitution. This will help us in our rebuttals and our crossfire in the overall debate. In addition to describing both state and federal powers, the article shows the concurrent powers, which are powers given to both.

National Abortion Federation (2010). History of abortion. Retrieved from

This article describes the history of abortion in America. The information in this article could be useful in a heated backfire. It demonstrates the reasoning of the federal government to ban abortions, most importantly for the safety of women, up until the Supreme Court Case of Roe vs. Wade. It also provides the aftermath of the court case and further illustrates how the power was given to the states to decide.

New York v. United States. (n.d.). Retrieved from

This site overviews the Supreme Court ruling in favor of New York, and the reasoning behind that support. The article discussing how Sandra Day O’Connor applied the tenth amendment to the case, overall stating that the government cannot force states to enforce federal regulations. This information will be useful as a comparison to the “No Child Left Behind Act” because in both situations the federal government is forcing the state to uphold and enforce federal regulations.

Seghetti, Lisa M., Viña, Stephen R., Ester, Karma (March 11, 2004). Enforcing immigration law: The role of state and local law enforcement. Retrieved from

This article refers to the enforcement of immigration between state and federal powers. It states that the federal government holds the power on immigration. However, many people believe that the federal government does not have the resources necessary to completely support the cause of illegal immigration. Therefore, even though the government holds the power they should delegate some responsibilities of immigration to the states to alleviate federal resources. This supports our argument that the government is not overstepping its bounds because it is delegating powers to the states even though it is a federal responsibility.

Stone, G.R. (2010, July 20). Deconstructing DOMA. Retrieved from

The article defines the DOMA act and how the government took away power from the states in order to federalize marriage. The text discusses how up until DOMA’s initiation in 1996, the states had always been allowed to define marriage for their state based upon the social atmosphere of the region. The article is used to show how the federal government has been centralizing power in recent years.

The Associated Press (May 5, 2009). White House to seek input on controversial education law. Retrieved from

Anything that is not delegated to the U.S. Government by the Constitution, nor prohibited to the states by the constitution should respectively fall to the states. Therefore the federal government has no authority to overstep its boundaries set forth by the U.S. constitution in matters not addressed in the document. This document explains how the “No Child Left Behind Act” set impossibly standards for states to achieve, with over a third of the schools nationwide failing to do so. What truly marks governmental abuse though is how the law describes specific routes to obtaining these results. The federal government has no right to set how states meet federal requirements.

U.S. Congress, (2003). The Fair credit reporting act Washington, DC: Government Printing Office. Retrieved from

This document outlines the governmental statute intended to provide for the fairness and accuracy of credit reporting services. The text demonstrates the federal interference in the economic system of many states already developed and internalized regulations on the credit reporting system. In the state of California alone, over ten laws were voided by the enactment of the federal requirements. This shows how the strict regulation and policy legislated by the federal government often nullifies preexisting state laws.

U.S. Constitution, amend. X, § 1.

This amendment simply states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This amendment will be crucial in demonstrating that the powers that the federal government holds which are not explicitly explained and delineated in the Constitution are null and void as all powers should be given to the states and the people according to the situation.

U.S. Constitution, Art. 1, § 8, cl. 18.

Commonly known as the necessary and proper clause, this line in the Constitution vests power in the federal government to make laws that they determine are necessary to uphold the Constitution. The clause only gives the federal government to make legislature regarding the powers specifically stated in the Constitution. This clause will be used to refute any claims that the federal government can make any laws that they see as beneficial to the nation.

U.S. Constitution, Art. 4, § 2, cl. 2.

The Constitution is known as the “Supreme Law of the Land” stating the framework of the government. It is used to state the ultimate law of the states. The law is used to prove that the government takes away the power of the states.

U.S Department of Education. (2001). No child left behind (Pl 107-110). Washington, Dc: Government Printing Office.

The law sets an educational standard that each state must meet. Beyond simply setting the goal though, the federal government specifically prescribed the methods for the states to achieve the high standards. The latter section takes away from the state and local right to set curriculum within the state.

USA Patriot Act. (2001). Financial crimes enforcement network. Retrieved from

The source outlines the PATRIOT Act as a whole. The PATRIOT Act allows the NSA to wiretap individuals communicating outside of the nation. Also, the Act places heavy restrictions on the functioning of financial institutions, ultimately limiting an individual’s right to open and use financial accounts at their discretion. It is used to show how the federal government has taken away personal privacy.

Winnett, R. (2010, August 12). Florida's proposed immigration law goes further than Arizona - Telegraph.

In the article, Winnett explains how Florida proposed immigration law has tougher laws and sanctions than that of the Arizona law. Winnett argues in his article that the issue of immigration would be a key term in the mid-term election which indicates that the federal government will be immensely involved in states immigration conflicts. He also states that the new laws stated are a huge step in the area of public safety. This article will be very useful because it shows how the Federal Government is now in the center of the immigration struggle. The author also introduces the concept on how 20 other states are gearing towards the immigration law for their states. Which are great key points that will help strengthen my debate on the federal government involvement.

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