Federalism - Balance Between Federal and State

Transcription

1 While the constitution continues to be read, and its principles known, the states, must, by every rational man, be considered as essential component parts of the union; and therefore the idea of sacrificing the former to the latter is totally inadmissible. - Alexander Hamilton Enumerated Powers of the Federal Government (Expressed Powers) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;; but all Duties, Imposts and Excises shall be uniform throughout the United States Only Congress has the power to tax on imports or products made within the United States. These taxes are to be used only to pay for the nation s debts, defense, and common welfare. All taxes will be the same within the borders of the U.S. (You cannot tax one area more than the other) 2 To borrow Money on the credit of the United States Only Congress can borrow money against the Credit (Name/Standing) of the United States. 3 To regulate with foreign Nations, and among the several States, and with the Indian Tribes Only Congress can regulate trade with other nations, interstate trade, and with the American Indian tribes To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures Only Congress can regulate how immigrants can become U.S. citizens. Only Congress has the power to coin money and determine its value and how it is valued against foreign currencies. Only Congress can determine with system of weights and measures. 6 To provide for the Punishment of counterfeiting the Securities and current Coin of the United States Only Congress can determine how counterfeiters should be punished. 7 To establish Post Offices and post Roads Only Congress can create post offices and roads used for postal delivery. 8 9 To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries To constitute Tribunals inferior to the supreme Court In order to provide the advancement and protection of creativity, innovation and invention, Congress will create copyright and patent laws. Congress has the power to create federal courts that are lower than the Supreme Court. SAISD Social Studies Department Page

2 Enumerated Powers of the Federal Government (Expressed Powers) 0 2 To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years Only Congress can define the policies and punishments for those who commit piracy at sea and/or break international law. Only Congress can declare war, tell the armed forces to cross international borders, and create rules on capturing people/property. Only Congress can raise and pay for the army. Monies used for the armed forces have to be renewed at least every 2 years. 3 To provide and maintain a Navy Only Congress can raise and pay for the navy. 4 To make Rules for the Government and Regulation of the land and naval Forces Only Congress has the power to make the regulations for the armed forces and the government To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress Only Congress can call up the militia of the states to enforce national laws, fight against any rebellion, and fight against foreign invasions. Only Congress can organize, provide weapons for, and discipline state militias. Congress can also govern state militias when they are in the service of the federal government. Each state retains the power to appoint officers in the state militia and train their militia according to federal guidelines. 7 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-yards, and other needful Buildings Congress determines the laws for the federal district/seat of government. The size of the federal seat of government is set to 0x0 square miles. The federal district will have the right to create storage for weapons/ ammunition and have the power to build docks and other buildings that are necessary. 8 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Congress will have the power to create all laws that are needed to carry out the listed powers and all powers provided by the Constitution. SAISD Social Studies Department Page 2

3 Implied Powers of the National Government (Necessary and Proper Clause or the Elastic Clause) 8 8 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Congress will have the power to create all laws that are needed to carry out the listed powers and all powers provided by the Constitution. Inherit Powers P We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The basic purposes for the federal government is to provide for the well being of the people and defend the nation against internal and external threats. The Preamble list out the inherit powers of a sovereign nation and government in order to protect itself and its citizens. Supremacy Clause 6 2 This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Constitution is the supreme law of the United States. The laws and treaties made by the federal government override the laws of the states. The judicial systems of the states have to abide by federal statutes and decisions. Clause 8 3 To regulate with foreign Nations, and among the several States, and with the Indian Tribes Only Congress can regulate trade with other nations, interstate trade, and with the American Indian tribes. SAISD Social Studies Department Page 3

4 Prohibited Powers (Congress cannot ) The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The import of slaves into the United States cannot be regulated by Congress until 808. Congress can place an import tax of no more than $0 per imported person. 2 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. Congress cannot suspend the right to appear before a judge before being imprisoned except for cases of rebellion, invasion, or extreme cases in the interest of public safety. 3 No Bill of Attainder or ex post facto Law shall be passed. Congress cannot create laws that create guilt of a person without a trial or a law that makes someone guilty for doing something illegal after it was legally done before No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. Originally, it was illegal to tax the people directly unless it was in proportion to the population of a state as according to the national census. The 6th Amendment gives the federal government power to create an income tax without worrying about apportionment. Taxes on interstate trade is illegal. 6 No Preference shall be given by any Regulation of or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. All ports (points of trade especially on large bodies of water) in the United States will be treated the same in regulation and in taxation. Goods transported from state port to other state ports cannot be taxed. 7 No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. Money in the Treasury of the United States can not be spent on anything except for what Congress determines. Congress is required to publish the financial records showing the income and expenditures of the nation. 8 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. The United States cannot grant titles of nobility. (Such as king, prince, duke ) Those who are in the service of the United States government cannot accept gifts/money/ jobs/titles from any foreign ruler or nation. Powers of the States (Reserved Powers) 0A 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. Powers not specifically granted to Congress are reserved for the states. SAISD Social Studies Department Page 4

5 Regarding States and Territories Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Full Faith and Credit Clause explains that states have to respect the laws of the other states (universal understandings such as if you have a drivers license in Texas, you are allowed to drive in the other states as well) The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. The citizens of each state will have equal protection and rights as their fellow citizens in other states. 2 2 A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. If a criminal from one state crosses state boundaries, the other states are obliged to return the criminal to his or her state of origin No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. If a slave leaves one state, he or she is not considered to be free from slavery and has to be returned to place of origin. (Removed by the 3th Amendment) Congress has the power to create new states. However, Congress cannot split states into smaller states or join existing states to form new states without the approval of all parties involved. Congress has authority over all territories and property belonging to the federal government. The Constitution will change the existing (787) property of the federal and state governments. 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. The federal government guarantees that every state new and existing will have a republican form of government. The federal government will protect every state from foreign invasion. By the request of any state, the federal government will protect that state from internal violence. The request must come from the state legislator or (if the legislator is not in session) the state governor can request help. SAISD Social Studies Department Page 5

6 Federalism - Power Between Federal and State Expressed Powers Concurrent Powers Reserved Powers SAISD Social Studies Department Page 6

7 Federalism - Who Has the Power? Coin Money Regulate Foreign Determine a System of Weights and Measures Set Up a Postal System Regulate Immigration Provide For Public Safety Declare War Negotiate Treaties With Foreign Countries Protect the Public Health Regulate Interstate Punish Counterfeiters Guarantee Civil Rights and Liberties SAISD Social Studies Department Page 7

8 Federalism - Who Has the Power? Establish Courts Levy and Collect Taxes Regulate Intrastate Punish Lawbreakers Establish Local Governments Provide Fire and Police Protection Borrow Money Establish Schools Regulate License Requirements Construct and Maintain Roads Regulate Marriage, Divorce, and Adoption Conduct Elections SAISD Social Studies Department Page 8

9 Federalism - Who Has the Power? - Key Coin Money Regulate Foreign Determine a System of Weights and Measures Set Up a Postal System Regulate Immigration Provide For Public Safety Declare War Negotiate Treaties With Foreign Countries Protect the Public Health Regulate Interstate Punish Counterfeiters Guarantee Civil Rights and Liberties Establish Courts Levy and Collect Taxes Regulate Intrastate Punish Lawbreakers Establish Local Governments Provide Fire and Police Protection Borrow Money Establish Schools Regulate License Requirements Construct and Maintain Roads Regulate Marriage, Divorce, and Adoption Conduct Elections Expressed Powers Concurrent Powers Reserved Powers SAISD Social Studies Department Page 9