American Government #2

Federalism is not a fixed principle for allocating power between the national and state governments, but rather a principle that has changed over time in response to political needs and partisan ideology Federalism has passed through several district changes over the course of history => Contemporary federalism tilts toward national authority, reflecting the increased interdependence of American society

system of government where sovereignty is vested solely in the National Government in 1787 all other nations were like this

the states alone have sovereignty this was the system under the Articles of Confederation states decide the authority of the Central government

In a unitary system, there is no constitutional need for a second legislative chamber based on geographical subdivisions (states), as is the case with a federal system

1) national government didn't have power to tax 2) national government couldn't regulate commerce among the states

(Madison & Hamilton) tried to convince the Anti-Federalists that a federal system would protect liberty and moderate the power of government

Montesquieu said that when government encompasses large area leaders disregard the welfare of the people

In contrast to Montesquieu, Madison said whether government serves common good doesn't depend on size, but the range of interests that share political power => : Madison thought that a large republic made it impossible for a single group to control it

- Article I grants 17 powers - enough power to make sure the union is secure in defense and stable in its economy - they can't make treaties, raise armies, wage war, print money or enter into commercial agreements with other states w/o approval of congress

o Federal law is supreme to state law o "the laws of the US...shall be the supreme law of the land"

Grants government (Congress) the power to pass laws ex: Necessary & Proper clause (elastic clause)

implied

gives congress the right to make any laws that are not explicitly expressed in the constitution **note => The supremacy and "Necessary and Proper" clauses were worrisome to the Anti Federalists (allows government room to expand)

The State's Authority o demanded by the Anti-Federalists to protect the states' rights and interests (10th amendment - 1791) o "powers not delegated to the US no prohibited by it to the states, are reserved to the States" o The State's powers under the constitution are Reserved Powers

Reserved Powers (Anti-Federalists)

increase in national authority. US has undergone this process. o shift is due primarily to economic growth and political action

o Congress created national bank which upset many o James McCulloch was in charge of Maryland branch of national bank and refused to pay tax the state of Maryland put on the bank in order to make people not want to use it • case went to the Supreme Court o John Marshall ruled in favor of national government, saying that it overrides conflicting state law.

Nationalist View

o New york had a law giving one person a monopoly on a ferry that operated between new york and new jersey o John Marshall said that New York had encroached on the national government's enumerated power to Regulate Commerce.

Nationalist

• Scott applied for freedom when his master died, citing the Missouri Compromise of 1820 (made slavery illegal in a free state) • Supreme Court said blacks were not citizens and could not sue for their freedom. Slaves were property not people. • So congress couldn't outlaw slavery anywhere b/c they couldn't deny individuals their property rights

o The Dred Scott Decision lead to a split in the Democratic party • they elected 2 candidates which allowed Lincoln to win presidency with only 40% popular vote. • this lead 7 southern states (lead by S.C.) to leave the union

precise separation of national and sate authority was possible and desirable o the power one possesses the other does not • from 1860's-1930's the supreme court held to this idea • States were supreme in racial policy & business/commerce policy

"Separate but Equal" ruling o Plessy was forced to ride in all black Railroad cars (Louisiana) o blacks and whites could be separate as long as their facilities were equal

• after civil war, supreme court gave free reign to business (Laissez-Faire Capitalism) • interpreted the 14th amendment to give businesses rights as persons, protecting them from state interference (but the 14th amendent didn't help the blacks which was its original purpose)

Congress has power to "regulate commerce" among the states

• federal government tried to breakup monopoly on manufacturing of sugar • Supreme Court blocked the action, saying that commerce clause only covered "transportation" and not "manufacture" manufacturing was intrastate, and therefore subject to state regulation only (but this regulation was limited by 14th amendment interpretation)

• in 1916, interstate shipment of child-labor goods was prohibited • but the Cour invalidated the law, ruling that 10th amendment gave the states, not the federal government the power to regulate factory practices

--> supreme court decided National Industry Recovery Act (NIRA) was unconstitutional - • So Roosevelt persuaded congress to let him nominate more supreme Court justices (so that they would side with him) o in 1935 the court upheld the National Labor Relations Act " Congress's commerce clause can now be as broad as it needs to be to meet the needs of the nation"

Congress finally realized that an Industrial economy is not confined by state boundaries and must be subject to national regulation

o states could not force black children to attend separate schools

o based on shared policy responsibilities rather than sharply divided ones (Dual Federalism) • ex: Medicaid (part of Johnsons "Great Society" initiative in 1965) • it is jointly funded by national and state governments

o increased social welfare (Congress taxed for that purpose) created large # of new federal programs (federal expansion) and also placed restrictions on states as a condition of their receipt of federal funds

it was the attempt to "pass down" authority from national level to the state and local levels (peaked in the 1990's) • American Federalism can be strengthened by a shift in power from the federal government to the state and local governments o (mostly Republican ideal - response to Democratic expansion of federal government since the 1930's)

interdependency is a reason why national authority has increased dramatically**** o problems affecting people in one part of the country are more likely to affect Americans living elsewhere • requires Washington to assume a larger policy role

Layer Cake Federalism: (Dual Federalism) • state and federal government have separate "layers" of responsibility and power Marble Cake Federalism: (Cooperative Federalism) • Federal and state governments should constantly be sharing ideas/power/responsibilities

47% of net taxes are Federal / 26% State / 27% Local

cash payments to states (which then administer programs) • increased since 1950's, roughly 1 in 5 dollars spent from state governments comes from Federal government

(more restrictive) • have to be used for a designated activity

(less restrictive) • Federal government can specify a general area, but state and local officials select the specific projects • these have become more popular (Devolution)

categorical are more restrictive (designated activity) and block grants are less restrictive (general area, but states get to decide)

where the federal government gives money to states for them to use however they want • revenue sharing = no restrictions (program was eventually terminated)

• Richard Nixon & Ronald Reagan wanted to give more power to states

it reduced federal programs that require action by states but don't help fund them → also lumped categorical grants into block grants (giving states more power)

Welfare Reform Act (1996) --> cut down on welfare by tightening spending and eligibility

Bush's No Child Left Behind Act gave more federal authority regarding state education policy • 9/11 also lead to the creation of Homeland Security o emergency responsibilities typical for the states now belonged to the federal government • Also Bush bailed out the banks, and Obama bailed out US automobile industry in 2009

• every change in federalism has been driven by a shift in public support for one level of government or the other → Great Depression increased Americans desire for government assistance (Roosevelt's New Deal Programs) → Lyndon Johnson's 'Great Society' was also driven by public demands. States couldn't meat the countries health care needs, so the Federal government intervened → Public opinion drove the rollback of federal authority in 1990's o people thought national government had gotten too big which led to the republican takeover of Congress in 1994 → Public also backed Obama's 2009 stimulus bill with 70% of country saying it was at least relatively necessary

Framers wanted federalism to be decided by the nation's needs rather than by inflexible rules o Hamilton → individuals shift their loyalties between nation and the states depending on who can better meet their immediate needs o Madison → Americans would look to whichever level of government was more responsive to their interests

the states RESERVED POWERS

• National Powers o national defense o currency o foreign affairs o post office o interstate commerce • State Powers o chartering local governments o education o public safety o registration and voting o intrastate commerce • Concurrent Powers (the overlap) o lending and borrowing of money o taxation o law enforcement o transportation o chartering of banks

Dual Federalism (judicial protection of business) (1865-1937)

o Franklin Roosevelt and the New Deal • FDR wanted to expand federal regulatory power

• 1) Lawmaking • 2) Representation • 3) Oversight

Incumbents have a 90% probability of winning reelection in Congress

--> Service Strategy (pork-barrel spending, service to constituents, the "frank privelege = free mailing etc.) --> Campaign Fundraising (Super Pacs more likely to help, challengers often fall short etc.) --> Redistricting (house members have this advantage)

every 10 years after the census, the house party in power will draw the districts to benefit their candidates

a race without an incumbent (often brings about a strong candidate from each party and involves heavy spending)

- Politically disruptive issues (unhappy public) - consequences of personal misconduct - if associated w/ a failing president - can't be too moderate during primaries -

• Speaker of the house = leader (determined by majority party) o assisted by House Majority Whip and House majority leader • There is a House Minority Party leader too (also minority Whip)

• most important position is Majority Leader o much like the speaker of the house o but he is less powerful • Also there is Vice President in senate o allowed to vote only in case of a tie o in his absence it is the "president pro tempore"

Senate has unlimited debate, anyone can speak (whereas the house is controlled by the speaker of the house, and more people means that not everyone gets to speak)

o permanent committees w/ responsibility for particular areas of public policy (20 in house and 16 in senate) -----> house averages 35-40 members and are twice size of senate ------> most committees have subcommittees

work out differences between House and Senate versions of a particular bill

where someone (only in the senate) can propose a ridiculous amendment (anti-abortion) to a non-related bill (defense bill)

they are agreements between the president and other nations. they are legally binding in the same way that treaties are, so its really not just Congress that has control over treaties

• Article II defines presidential powers in much more general term than Article I defines Congress powers o framers didn't know exactly how presidential office would work in practice

• 1) Commander in chief • 2) Chief Executive • 3) Chief Diplomat • 4) Legislative leader

o "weak presidency" theory o President is an administrator charged with carrying out will of congress

o "strong presidency" theory o Presidential duty to do anything to meet needs of nation unless forbidden by Constitution or the laws - Theordore Roosevelt --> another ex: FDR "New Deal" (where before Hoover was a whig theorist and didn't do anything w/ depression)

1) Original selection System (1788-1828) o Party nominees chosen in congressional caucuses o electoral college members act independently 2) Party Convention (1832-1900) o State/Local Party organizations choose nominees • these nominees are chosen at national party convention o electoral college members vote for popular-vote winner in their respective states 3) Party Convention, Primary (1904-1968) o same as system 2, but a MINORITY of national convention delegates are chosen through primary elections • the "majority" of delegates still chosen by party organizations 4) Party Primary, Open Caucus (1972-present) o same as system 2, but MAJORITY of national convention delegates are chosen through primary elections

Jackson forced electoral votes to be determined by popular vote, and the Progressives gave people power to select their delegates (through indirect primaries)

meetings open to registered party voter o these + primaries are the ways that everyday people choose presidential nominees o this change started after 1968 democrats lost to Nixon

→ all electoral votes go to candidate who wins popular vote (except Maine & Nebraska****) o decreases incentive to campaign in lopsided democratic/republican states

President: 35 years old, natural born citizen, and be US resident for at least 14 years Senator: 30 years of age, citizen for 9 years House: 25 years of age, citizen for 7 years

o manages policy across hundreds of bureaucratic offices In executive branch o consists of about a dozen offices with each a dozen or so functions 3 most important offices • 1) White House Office (daily helpers of president) • 2) Office of Management and Budget (office for helping president manage bureaucracy and budget) OMB • 3) National Security Council (NSC) help president with foreign policy

heads of the 15 executive departments o secretary of state = most prestigious head

→ Congress, press & public anticipate initiatives from president and are more likely to support them • most initiatives are proposed during first year of office

→ congressional attempt at regaining its power → clarified the 3 scenarios in which President can WAR 1) when we receive formal declarations of war 2) when Congress gives specific instructions 3) must inform Congress within 48 hours of declaring war, and Congress can overturn this decision within 60 days → Congress wants to be informed, and have opportunity to overturn military action

requiring separate ballets for president & vice president → corrected first flaw of the Electoral College ( a tie )

- person with plurality might not win the election (four times) - winner take all (reduces incentive to campaign in states you know you'll win) - unequal representation of voters (Wyoming is 4x's California)

opened door to unrestricted corporate and union spending in federal election campaigns

original jurisdiction → authority to be the first court to hear a case Appellate jurisdiction → authority to hear cases already been heard in lower courts (losing party appeals) → determine whether previous decision was in accord w/ Law

Supreme court requests lower court to submit case details (when 4 or more judges agree to hear case)

when the 9 justices vote on case • decision = which party the court supports • opinion = legal basis for the decision

Judicial Conference Notes: -Majority opinion = agree on legal basis - Plurality opinion = agree but disagree on legal basis - Concurring opinion = separate view written by justice who agrees with majority but disagrees with reasoning - Dissenting opinion = justice on losing side explains reason for disagreeing

(lowest federal courts) o 94 district courts (at least one in every state) → Hutto v Davis (1982) → district courts must abide w/ supreme court precedent *** o each case usually heard by one judge

(2nd tier of courts) o appellate judges are supervisors of legal system (13 courts) o no new evidence Is submitted o 11 courts have districts, 1 = Columbia, 1 = international trade o each case usually heard by panel of 3 judges (or more)

o US Claims Court → hears cases where government is sued for damages o US Court of International Trade o US Court of Military Appeals

senator from state w/ vacancy should be consulted before the president appoints someone in their state to a federal office (if he's of the same party of the president. otherwise no.) • if not confronted, he can ask the senate to deny request

1) Constitution 2) Legislative Statutes 3) Legal precendents

court can't issue a decision unless it is in response to a case associated with it

o Statutory Law → legislative law o Administrative Law → based on statutory law but is set by government agencies instead of legislatures

• US courts are highly political compared to courts of most democracies - Judiciary is thrust into politics b/c of judicial review - In Europe, judges are appointed at early age and work their way up based off of seniority

16th amendment (income tax) is only amendment that came out of a supreme court decision

• Originalism Theory → (conservatives) constitution should be interpreted like someone would of at the time it was written --> think that living constitution theory allows people to promote their own personal views by interpreting the constitution however they would like • Living Constitution Theory → (liberals) constitution is a living document that should be interpreted in light of the changing cicumstances --> constitution = adaptable instrument (broad language & principles)

• Juducial Restraint → judges should defer to precedent and to decisions made my legislatures --> policy issues should be decided by elected lawmakers and not by appointed judges --> role of judge = applying the law. not determining it. • Judicial Activism → judges should actively interpret the Constitution, statues, and precedents and intervene when elected representatives fail to act in accord with these principles --> if liberty, equality or self-government is threatened, they should intervene

• In recent years, traditional news organizations have faced increased competition for people's attention from cable and the Internet, which has contributed to audience fragmentation and an increase in opinionated and entertainment-laced journalism

1) signaling (press brings events and problems to public view) 2) common-carrier (press serves as channel for leaders and citizens to communicate 3) watchdog (press scrutinizes deceitful & corrupt actions) 4) partisan (promotes particular interests and values)

Gazette of the US (Federalist) --> started by Alexander Hamilton --> to publicize policies of George Washington's administration National Gazette (Antifederalist) --> started by Thomas Jefferson --> in opposition to Hamilton's "pure Toryism"

early newspapers were printed on flat presses o limited production, made it too costly for everyone o limited readers so gazettes relied on party financial support so in turn became very partisan

The new york sun = "penny paper" because of the hand cranked rotary press

luring the reader by any possible means

• separated newspaper's advertising department from the news department • reporting of "facts" instead of "opinions" --> founding of journalism schools --> New York Times (Adolph Ochs)

Adolph Ochs

Communications Act (radio) --> "equal time" requirement for each political party Fairness Doctrine (TV) --> objective reporting imposed by law on TV

• Ted Turner → started CNN in 1980 (partisan neutrality ) • Rupert Murdoch → started Fox news in 1996 (conservative format) • FCC got rid of fairness doctrine (no longer needed b/c many channels) → start of many partisan talk shows ***

- alerting people of important developments - Most news sources report the same stuff (all tie to the Associated Press) (AP) - AGENDA setting = ability to influence what's on people's minds

-the way political leaders communicate with the public --> leaders require news coverage to get public's attention/support - "shrinking soundbite" --> journalists only play small parts of what leaders say and instead, they are the ones doing most of the talking - Political Game (strategy) > Policy Frame --> strategies change daily, policies do not

• exposing incompetent, hypocritical, and corrupt officials (4th branch of govn't) ex: Watergate / Pentagon Papers

advocate for a particular viewpoint or interest

** Traditional Media (Mostly Neutral) --> objective journalism --> endorse incumbents > challengers ** Talk Shows (Mostly Conservative) --> FOX News is the biggest (made MSNBC & CNN be more liberal) --> news outlet with largest liberal following is NPR ** The Internet: Mostly Liberal --> reduced barriers to public communication

NATIONAL INTEREST (what is best for the nation in terms of preotecting its physical security and way of life)

1) diplomacy → process of negotiation between countries --> secretary of state = head diplomat --> president also appoints embassadors 2) Military Power --> headed by the pentagon / Department of Defense --> lead by the secretary of defense --> also relies on alliances (ex: NATO) 3) Intelligence Gathering --> Us is engaged in monitoring actions around the world (both states and non-states --> ex: CIA & NSA (CIA is more international focused) 4) Trade and Economy --> agriculture, commerce, labor & treasury departments --> FTC (federal trade commission) --> international organizations --> World Trade Organization, World Bank & International Money Fund (IMF)

preoccupied domestically & avoided European affairs --> US was ISOLATIONIST before World War II

(President Truman) -only way to stop soviet aggression was to use US power --> "Lesson of Munich" = totalitarian leaders cannot be appeased, they need to be confronted

Bretton Woods (meeting for economic cooperation world wide)

(Churchill, FDR & Stalin) - discussed Eastern Europe and the fate of Poland --> established "declaration on liberated countries" --> promised free elections but they didn't happen --> instead they become communist/socialist states under Russia

(Churchill, Truman, Stalin) discussed Europe & Asian war (specifically Japan) --> orders Japan to surrender or face destruction

US vs Russia (2 main world powers) Democracy vs Communism

US wasn't a "lone ranger" of the world → Nixon tried to reduce tension with communist countries

(Kennedy was in office) "bay of pigs" → sent Cubans to invade cuba (complete disaster) --> Soviets put missiles in Cuba to avoid this from happening again --> US discovered them and formed naval blockade o Eventually USSR backed down

(George H. Bush) → major nations should act together in response to crisis → beginning of UN & NATO --> ex: Iraqi invasion of Kuwait & attack of Serbs in Bosnia

→ strike first before it happens again • Bush orders US to invade Iraq in 2003 (received authorization October 2002) --> said they had WMD's --> UN did not authorize a military strike --> opposed by France, Germany & Russia

one nation taking action against another state/states

one where major economic decision are made by political leaders (communism ish) o originally this looked like the best way to jumpstart an economy after WWII --> so many states experimented with communism because it seemed to initially work with Stalin/Russia

Nuclear War - Deterrence Policy → mutually assured destruction (MAD) --> even if US was destroyed, they would be too Conventional War --> US doesn't have capacity to do so (need a draft etc.) --> we can fight 2 medium wars at once Unconventional (Guerilla) War --> difficult to stop by conventional means (size doesn't matter) --> winning people's loyalty, not so much winning territory --> difficulty adapting to war in Iraq & Afghanistan

(Eisenhower) 1) military establishment 2) arms industry 3) members of Congress from states depending on this industry → all 3 benefit from high levels of defense spending whether needed or not --> ex: F-22 production in 2011, didn't want to stop it completely because of the jobs that would be lost

1) sustaining stable and open system of trade 2) maintaining access to oil and other natural resources 3) preventing widening gap between rich and poor countries

it dealt with the aid spent to rebuild Europe after WWII --> helped ward off Soviet threat & helped US economically --> much needed market for American products

the increased interdependence of nations' economies

to promote global free trade -barriers to international trade should be kept to a minimum (ex: NAFTA free trade agreement)

domestic producers should be protected from foreign competitors --> ex: tariffs on imports to give domestic producers a comparative advantage --> usually stronger in Congress than white house (because Congress faces immediate pressure from constituents and can't look in the long run)

Alexander Hamilton

Under the doctrine of implied powers, Congress had the power to create a national bank because it was assigned the powers to tax, borrow money, and regulate interstate commerce under the Constitution, and national law was supreme over conflicting state law.

John C. Calhoun (early 1800's)

In an opinion that provoked outrage, Chief Justice Taney determined that Dred Scott was property, and therefore had no constitutional rights. He also struck down the Missouri Compromise of 1820, declaring that Congress did not have the authority to outlaw slavery in any part of the United States. This decision intensified the conflict between North and South as secession evolved a few years later.

POVERTY is more widespread in the south than other states

According to the quiz, Canada is the only nation that doesn't have a unitary system of government (France, Great Britain, Sweden & Japan do)

It consistently restricted national power and decreased the power of Congress to regulate business.

25%

Newt Gingrich (as a part of the republican revolution and newfound control of Congress)

Patrick Henry (anti-federalist. thought constitution imposed on states rights)

True

America 1787

Owen Roberts (For reasons that are still not clear, Justice Owen Roberts abandoned his opposition to Roosevelt's policies and thus gave the president a working majority on the Court.)

Thomas Jefferson opposed a national bank for fear it would serve only wealthy interests at the expense of ordinary citizens.

It ruled that the Tenth Amendment gave the states, and not the federal government, the power to regulate factory practices.

invalidated the National Industry Recovery Act, ruling that it usurped powers reserved to the states. (then Roosevelt persuaded congress to let him nominate more judges so that he could get his way)

True

True

...

...

...

service in Congress was not a career for most of its members; most members today are professional politicians; and the vast majority of all incumbents get routinely reelected.

The Senate majority leader is assisted by the majority whip, who sees to it that members know when important votes are scheduled.

170,000

In 2009, Both the House and Senate eventually passed their own versions of the health care bill. At that point, because Senate Democrats could not garner the three-fifths majority necessary to hold a vote on a compromise version of the legislation, the House passed the Senate version, even though it was widely acknowledged that it had substantial flaws.

Speaker of the House

The Legislative Reorganization Act of 1946

requires that each bill introduced in Congress be referred to the proper committee.

House Rules Committee

The House and Senate employ a system of seniority for committee leadership positions.

Government Accountability Office

False

False

False

True

True

Power to Appoint

Stewardship Theory

They are appended to a bill when the president signs it and are meant to indicate that the president does not necessarily intend to abide by particular provisions of a law.

Hubert Humphrey (1968)

5%

California, Texas & New York

Maine & Nebraska

Theodore Roosevelt acted on his belief in a strong presidency, what he called the stewardship theory, in part by challenging the power of business monopolies.

Executive Office of the President

Bill Clinton & Andrew Johnson

President George W. Bush had a very cooperative relationship with Congress early on and got almost everything he asked for, which is the reason he went for five years before casting his first veto.

Theodore Roosevelt

National Economic Council

Andrew Jackson

George W. Bush never served as vice president. Johnson served under Kennedy, Nixon under Eisenhower, Ford under Nixon, and George H. W. Bush under Reagan.

National Security Council White House Office Office of Management and Budget National Economic Council

True

The Constitution very clearly gives the vice president responsibility over some areas of executive authority.

Sandra Day O'Connor

Thurgood Marshall

A large majority of cases that arise in courts involve issues of statutory and administrative law rather than constitutional law.

Bill Clinton

English

The Supreme Court is most likely to grant certiorari when the U.S. government through the solicitor general (the high-ranking Justice Department official who serves as the government's lawyer in Supreme Court cases) requests it.

When part of the majority, the chief justice decides which justice will write the majority opinion. Otherwise, the senior justice in the majority picks the opinion author.

1%

Under the merit plan, the governor appoints a judge from a short list of acceptable candidates provided by a judicial selection commission. The selected judge must then periodically be reviewed by the voters, who, rather than choosing between the judge and an opponent, simply decide by a "yes" or "no" vote whether the judge should be allowed to stay in office.

Interest groups participate in court cases through "friend of the court" briefs.

False

...

...

...

...

William Randolph Hearst (New York Journal)

The Communications Act

It is a law that requires broadcasters to afford all political candidates the same opportunity to advertise at the same cost.

During the era of objective journalism, broadcasters were prohibited by law from editorializing. (but not necessarily newspapers)

The combined audience of the ABC, CBS, and NBC evening newscasts is now half that of the early 1980s.

The associated Press (AP)

Until the early 1970s, young adults were more knowledgeable about current events and leaders than senior citizens.

partisan polarization

False (i think broadcaster are more)

False

...

...

...

...

The Vietnam War was the most costly war in the application of containment—58,000 American soldiers lost their lives.

In 1972, Nixon took a historic trip to China, the first official contact with that country since the communists took power in 1949.

From the end of World War II until 1989-1991, the world was bipolar; now it has a unipolar structure.

George H. Bush (when the Cold war ended)

250 billion

Eisenhower

Economic Power is concentrated in three centers—the United States, the Pacific Rim, and the European Union

Although the United States still contributes the most in terms of total dollars, Canada and several European countries now spend more on a per-capita basis than does the United States.

Marshall Plan

1975

Multilateralism defined America's response to the Iraqi invasion of Kuwait in August, 1990. President Bush obtained UN resolutions ordering Iraq to withdraw from Kuwait and authorizing the use of force if it did not do so.

35,000

Mikhail Gorbachev.

build a land-based missile shield in Eastern Europe. (he wanted sea based)

True

False

True

...

...

Elena Kagan and Sonia Sotomayor

John Roberts

John Roberts and Samuel Alito Jr.