Federalism: Part 1 Rationale Understanding the levels and limits of government is an imperative part of maneuvering within it.

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1 Course Principles of GPA Unit IV Federalism Essential Question How do you categorize governmental powers as national, state, or shared, as well as evaluate the limits on the national and state governments in the US federal system? TEKS (c) (2)(C)(G)(H)(I) Prior Student Learning None Estimated Time 45 minutes Federalism: Part 1 Rationale Understanding the levels and limits of government is an imperative part of maneuvering within it. Objectives The student will be able to: 1. Explore how the Federalist Papers explain the principles of the American constitutional system of government 2. Evaluate the limits on the national and state governments in the United States federal system of government 3. Categorize governmental powers as national, state, or shared government 4. Analyze historical conflicts over the respective roles of national and state governments in the United States Engage Lead a class discussion about the concept of Federalism within the school setting. Questions for discussion: Whose rules do you follow at school: the principal s or your teacher s? Whose rules do you follow above all? Why? Do the principal and the teacher share power? Whose rules does the teacher have to follow? How about the principal? Use the Discussion Rubric for assessment. Key Points I. What are the Federalist Papers? A. A series of 85 articles written under the pseudonym Publius B. The true authors were Alexander Hamilton, James Madison, and John Jay C. The articles began appearing in New York newspapers in October 1787 and were reprinted in the 13 states II. Why are the Federalist Papers important? A. After the Constitutional Convention was over, the Constitution still needed to be ratified by 9 of the 13 states, and not everyone supported the Constitution B. A battle was erupting between the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it C. Anti-Federalists were not being unpatriotic; they felt the government outlined in the Constitution was an enemy of the freedom they had just fought a war to ensure D. The Federalist Papers were written to defend and explain the Constitution and argue for its ratification 1

2 E. The Federalist Papers are an important commentary on the framers beliefs, and remain an authoritative and profound explanation of the Constitution F. They are the single, most important piece of American political philosophy ever produced III. What did the articles in the Federalist Papers say? A. Two of the most famous of the papers were Federalist 10 and Federalist 10 James Madison a. Warned against the conflicts of rival parties or factions (special interests) and the divisiveness of political parties b. Argued that liberty is safest in large republics where a larger group of people are more likely to have diverse views (ask yourself: if you have an unpopular opinion or unconventional beliefs, would you rather live in a small town or a large city?) c. Believed that in order to rule, different interests must come together and form an alliance d. Wrote that protecting property rights, not equalizing property ownership, is the first object of government 2. Federalist 51 James Madison argued that a. The coalitions formed in a large republic would be more moderate than those formed in a small republic because the large republics represent a greater variety of interests b. The national government should be at some distance from the people and insulated from their momentary passions because the people do not always want to do the right thing c. Liberty is threatened more by public passions and popularly based factions than by strong governments d. Government must be designed to prevent both the politicians and the people from using power for unjust purposes B. Federalist 28 Hamilton explained his vision of the two levels of government (federal and state) were people could shift their support between the two to maintain balance C. Federalist 39 Madison expressed that the Constitution is neither a national nor a state constitution, but a composition of both D. Federalist 46 Madison wrote that both federal and state governments would have certain powers, but neither would have supreme authority over the other E. Federalist 78 Hamilton describes the judiciary branch as having no commander-in-chief power and no power to appropriate money only the power of judgment, including the power to decide if a law is contrary to the Constitution IV. How are powers divided between national and state governments? 2

3 A. Federalism in the U.S. has changed over the past 200 years from dual federalism to cooperative federalism 1. In a dual federalism system, both the states and the national government remain supreme within their own spheres a. In the early days of U.S. development, Americans did not think of themselves as Americans first b. Loyalty to state governments was so strong that the Constitution would never have been ratified if it had tried to abolish state government c. In those early days when the new nation was forming, the U.S. leaned toward dual federalism 2. In a cooperative federalism, powers and policy assignments are shared between the states and the national government a. Most political scientists today argue that dual federalism is outdated b. Allows for independent decisions in each state while enabling the states to draw on the strength of the nation c. Most political scientists feel that cooperative federalism better describes the current American federal system with blurred distinctions between the state and federal government B. As implied in the Constitution and spelled out in the 10 th Amendment 1. National and state governments have separate, designated powers 2. Each has its own field of authority operating over the same people and the same territory at the same time 3. This division allows local action in matters of local concern and national action in matters of wider concern 4. Local traditions and needs vary between states federalism allows for different decisions among the states while enabling those states to draw on strength from the union C. The supremacy clause in Article VI of the Constitution makes the Constitution, national laws, and treaties (which can be made only by the national government) supreme over state laws, as long as the national government is acting within its constitutional limits D. The national government cannot usurp the states powers 1. Powers not designated to the national government by the Constitution nor prohibited to the states by the Constitution are reserved for the states 2. The Supreme Court has ruled that states do not have power superior to that of the national government for activities not mentioned in the Constitution 3. Federal courts can order states to obey the Constitution or federal laws and treaties 4. The 11 th Amendment prohibits individual damage suits against state officials and protects state governments from being sued 3

4 by private parties in federal courts E. The national government can 1. Coin money 2. Conduct foreign relations 3. Regulate commerce with foreign nations and among states (interstate commerce) 4. Regulate immigration and deport aliens 5. Provide an army and a navy 6. Declare war 7. Establish courts inferior to the Supreme Court 8. Establish post offices 9. Acquire territory 10. Make laws necessary to carry out the powers above F. The national government cannot (denied by the Constitution) 1. Tax articles exported from one state to another 2. Violate the Bill of Rights 3. Change state boundaries G. A state government can 1. Establish local governments 2. Regulate its own commerce 3. Conduct elections 4. Ratify amendments to the federal Constitution 5. Take measures for public health, safety, and morals 6. Decide whether those guilty of certain crimes in that state can be put to death 7. Exert powers the Constitution does not delegate to the national government or prohibit the states from using H. The state government cannot (denied by the Constitution) 1. Tax imports or exports 2. Coin money 3. Enter into treaties 4. Impair obligations of contracts 5. Abridge the privileges or immunities of citizens or deny due process and equal protection of the law (14 th Amendment) I. Powers shared by national and state governments 1. Tax and borrow money 2. Establish courts 3. Make and enforce laws 4. Charter banks and corporations 5. Spend money for the general welfare 6. Take private property for public purposes, with just compensation J. Powers denied by the Constitution to both levels of government 1. Grant titles of nobility 2. Permit slavery (13th Amendment) 3. Deny citizens the right to vote because of race, color, or previous servitude (15th Amendment) 4

5 4. Deny citizens the right to vote because of gender (19th Amendment) Activities 1. Using the Constitution and Federalism worksheet, have students identify specific examples in the constitution which identify the powers held by the Federal and State governments. Use the Individual Work Rubric for assessment. 2. Using the Federalism and Constitutional Scavenger Hunt worksheet and the U.S Constitution (without the amendments), have students answer questions regarding the powers given to the National and State governments. Use the Federalism and Constitutional Scavenger Hunt worksheet and answer key. Assessments Federalism: Part 1 Quiz and key Federalism Cases handout and key Federalism and Constitutional Scavenger Hunt and key Discussion Rubric Individual Work Rubric Materials Federalism: Part 1computer-based presentation Federalism: Part 1Key Terms The Constitution and Federalism Worksheet Federalists and Anti-Federalists Chart Resources , Macgruder s American Government, McClenaghan, W., Pearson, Prentice Hall, (Ch. 4) , Government in America: People, Politics, and Policy, Edwards, G., Wattenberg, M., Lineberry, Pearson Education, Inc., (Chs. 2 & 3) , United States Government: Democracy in Action, Remy, R., McGraw Hill, Glencoe, (p. 454) , American Government: Institutions and Policies, 12 th ed., Wilson, J., Dilulio, J., & Bose, M., Wadsword, Cengage Learning, (pp , p. 53 & 431) Accommodations for Learning Differences For reinforcement, have students complete the chart of Federalists and Anti- Federalists. The chart identifies the differences between each party and which type of governing body they supported. Use the Individual Work Rubric for assessment. 5

6 Optional: Have students contact their Texas State Congressman and their United States Congressman and ask the representatives the duties they are responsible for carrying out as elected officials. After students interview each representative, have them make a list which identifies the differing responsibilities. For enrichment, have students use to research prior court cases regarding Federalism. The court cases include McCulloch v. Maryland, Gibbons v. Ogden, Schechter Poultry Corp v. The United States, and NLRB v. Jones & Laughlin Steel Corp. After researching each case have students answer the questions regarding the court decision. Use the Federalism Cases handout for the activity and the key for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education Principles of Government and Public Administration (One-Half to One Credit). (2) The student understands how constitutional government, as developed in the United States, has been influenced by people, ideas, and historical documents. The student is expected to: (C) explore how the Federalist Papers explain the principles of the American constitutional system of government; (G) evaluate the limits on the national and state governments in the United States federal system of government; (H) categorize government powers as national, state, or shared government (I) analyze historical conflicts over the respective roles of national and state governments in the United States College and Career Readiness Standards English/Language Arts II. Reading B Understand new vocabulary and concepts and use them accurately in reading, writing and speaking. 1. Identify new words and concepts acquired through study of their relationships to other words and concepts. 6

7 1. Ratification formal approval 2. Coalition an alliance Federalism: Part 1 Key Terms 3. Federalism a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments, usually states or provinces 4. Dual federalism a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies 5. Cooperative federalism a system of government in which powers and policy assignments are shared between states and the national government 6. Interstate commerce trade conducted between and among the various states 7. Expressed powers powers delegated to the national government, expressly spelled out, in the Constitution 8. Implied powers powers not expressly stated in the Constitution but reasonably suggested by the expressed powers 9. Concurrent powers powers that both the national government and the state governments possess 10. Supremacy clause establishes the U.S. Constitution the supreme law of the land, which means the Constitution ranks above all other forms of law in the U.S. 7

8 Name: Date: Federalism: Part 1 Quiz 1. What are the Federalist Papers? a. Official documents of the U.S. that define federalist rule for the Constitution b. A series of 85 articles written to argue for ratification of the U.S. Constitution c. Anti-communist statements made by government leaders d. Proof that a government with divided powers cannot survive 2. Which of the following statements best describes the political situation in the U.S. after the Constitutional Convention? a. A huge celebratory party followed the Convention to celebrate all 50 states agreeing to join the new United States of America b. George Washington invited all the people who signed the Constitution to join him in the first presidential summit c. The Constitution still needed to be ratified by 9 of the 13 states, and not everyone supported the Constitution; a battle was erupting between those who supported the Constitution and those who did not d. Most people were in mourning because they did not want to declare independence from England 3. Anti-federalists opposed the Constitution because a. They felt the form of government outlined in the Constitution was an enemy of the freedom they had just fought to ensure b. They were an unpatriotic group who did not want the U.S. to succeed c. They were an early terrorist group looking for a reason to fight d. It was too much like England s monarchy 4. James Madison wrote in Federalist 51 that he believed a. Freedom is threatened more by public passions and popularly based factions than by strong governments b. A national government should be at a distance from the people because the people do not always want to do the right thing c. Government must be designed to prevent both the politicians and the people from using it for unjust purposes d. All of the above 5. Why are the Federalist Papers important enough to study today? a. They are an important commentary on the framers beliefs and remain an authoritative and profound explanation of the Constitution b. They are the single most important piece of American political philosophy ever produced c. Both a and b d. Neither a nor b 8

9 6. In Federalist 10, James Madison expressed his opinion of political parties, which was a. Political parties are as American as apple pie and should be encouraged b. A warning against their divisive impact c. A desire that there be at least four political parties at all times d. None of the above 7. In Federalist 28, Alexander Hamilton explained his vision of a. A benevolent monarchy b. Free trade c. Two levels of government federal and state where people could shift their support between the two to keep them in balance d. A bid for his own presidential campaign 8. In Federalist 46, Madison explained that a. Buying tea would be un-american because tea was a British product b. Both federal and state governments would have certain powers, but neither would have supreme authority over the other c. His wife Dolly had designed the nation s flag d. Anyone who didn t vote to ratify the Constitution would be punished 9. In Federalist 78, Hamilton explains how the judiciary branch fits into the balance of power by stating the following: a. The judiciary branch has no commander-in-chief power b. It has no power to appropriate money c. It has only the power of judgment, including the power to decide if a law is contrary to the Constitution d. All of the above 10. When the United States was first formed, federalism s structure of divided power was a necessity because a. Loyalty to state governments was so strong that the Constitution would never have been passed if it had tried to abolish state government b. George Washington agreed to be President only if he split power with the states c. The King of England agreed to split his power with the new President of the U.S. d. It was the only kind of government people of the time knew about 11. Most political scientists today feel that cooperative federalism describes the current American federal system. In cooperative federalism a. Powers and policy assignments are shared between the states and the national government b. Distinctions between the state and federal government powers are blurred c. Both a and b d. Neither a nor b 9

10 12. An advantage of federalism is a. The division of power allows local action in matters of local concern and national action in matters of wider concern b. Each state is able to make decisions based on its own local needs c. States can draw on strength from a national government when needed d. All of the above 13. The supremacy clause in Article VI of the Constitution states that a. If things don t work out with federalism, the U.S. will submit to the King or Queen of England b. The Constitution and national laws are supreme over state laws as long as the national government is acting within its constitutional limits c. Any state seeking authority over a national law must submit an application for supremacy d. In questions of who has authority between national and state government, a coin toss will decide who is supreme 14. Which of the following is true about the division of power between national and state government? a. Powers not designated to the national government by the Constitution nor prohibited to the states by the Constitution are reserved for the states b. Federal courts cannot order states to obey the Constitution c. Only the national government can carry out the death penalty d. Only the national government can make laws; states must enforce the laws 15. The 11 th Amendment a. Prohibits individual damage suits against state officials b. Protects state governments from being sued by private parties in federal courts c. Both a and b d. None of the above 16. Powers of the national government include which of the following: a. The power to change state boundaries b. The power to overrule the Bill of Rights c. The power to coin money, declare war, and conduct foreign relations d. The power to tax items exported form one state to another 17. Powers of state government include which of the following: a. Power to establish local governments b. Power to exert powers the Constitution does not delegate to the national government or prohibit the states from using c. Power to conduct elections d. All of the above 10

11 18. The Constitution does not allow states the right to a. Establish local governments because that is the national government s job b. Coin money c. Take measures for public health, safety, and morals d. Trade freely with other states 19. Which powers are shared between national and state government? a. Making taxes b. Establishing courts c. Coining money d. Both a and b 20. The Constitution denies certain powers to both national and state government, such as a. Granting titles of nobility b. Permitting slavery c. Denying citizens the right to vote because of race, color, or gender d. Both b and c 11

12 Federalism: Part 1 Quiz Key 1. b 2. c 3. a 4. d 5. c 6. b 7. c 8. b 9. d 10. a 11. c 12. d 13. b 14. a 15. c 16. c 17. d 18. b 19. d 20. d 12

13 The Constitution and Federalism Worksheet Constitution Article Powers Example Article I sec. 8 cl-17 Enumerated Article I sec. cl. 18 Implied Article I sec.9 Denied Article 1 sec. 10 Denied to States Article IV sec. 1-2 Full Faith and Credit Article VI Supremacy 10 th Amendment Reserved 13

14 Federalism and Constitutional Scavenger Hunt Directions: Using only the original Constitution (without amendments), respond to the following on a separate sheet of paper, numbered When applicable, include with your answer the Article and Section of the Constitution. 1. What word in the Preamble indicates that the framers wanted this Constitution to last forever? 2. This type of bill must originate in the House of Representatives. 3. What was Congress prohibited from doing under the Constitution until 1808? 4. What crime is specifically described and explained in detail in the Constitution? 5. What state was not in attendance when the Constitution was finally signed? 6. This shall never be required as a qualification to any office.under the United States. 7. He was the only delegate from New York State to sign the Constitution. 8. The president must take care that the laws are. 9. You and I are entitled to this with respect to the citizens of the several states. 10. Congress can tax us to provide for the. 11. The original ratio of U.S. Representatives to citizens in a state was 1:. 12. Why is the end of Article II, section 1, important to Inauguration Day? 13. According to Article II, actually elect the president. 14. Each house of Congress must keep and publish this in regard to their proceedings. 15. The United States guarantees to every state a republican form of government and this. 16. Many of the powers and duties of the president must be approved by the. 17. The sole power of impeachment resides with the. 18. Why can t your 35-year-old friend from France move to the U.S., become a citizen, and run for president? 19. What government official certifies who is officially president? 20. Of what importance is the number 30 to the Senate? 21. What other position in government does the President of the Senate hold? 22. The vote in the Senate is to throw President Popp out of office. Is he out? 23. The president must give Congress information on the. 24. Puerto Rico would need the approval of in order to become the 51 st state. 25. What phrase refers to the fact that Texas must recognize a diploma from the University of Oklahoma as valid? 26. The Constitution and U.S. laws and treaties are the law of the land. 27. Two-thirds vote refers to several government actions. Name one. 28. Congress created U.S. District and Circuit courts. They re called courts in the Constitution. 29. A quorum to do business in either house of Congress is whenever a is present. 30. When would the Constitution officially go into effect? 14

15 Federalism and Constitution Scavenger Hunt Key 1. Posterity 2. Bills for raising revenue (Article I sec. 7) 3. Limiting or prohibiting the importation of slaves (Article I sec. 9) 4. Treason (Article III sec. 3) 5. Rhode (rogue) Island 6. Religion (Article VI cl. 3) 7. Alexander Hamilton 8. faithfully executed (Article II sec. 3) 9. Privileges and immunities (Article IV sec 2) 10. common defense and general welfare (Article I sec 8 cl. 1) ,000 (Article I sec. 2 cl. 3) 12. This is the oath of office that the President swears before he begins his term 13. Electors (Article II sec 1) 14. Journal of their proceedings (Article I sec. 5) 15. Protection from invasion and domestic violence (Article IV sec. 4) 16. Senate (Article II sec. 2 cl.2) 17. House of Representatives (Article I sec. 2 cl. 6) 18. He or she was not born in the U.S. and has not lived in the U.S. for at least 14 years (Article II sec. 1) 19. President of the Senate (V.P.) Article II sec Age requirement for membership in the Senate ( Article I sec. 3) 21. Vice President (Article I sec. 3) 22. No (Article I sec. 3) 23. State of the Union (Article II sec 2) 24. Congress (Article IV sec 3) 25. Full faith and credit (Article IV sec 1) 26. Supreme (Article VI) 27. Override veto, convict on impeachment, propose amendments to the Constitution. 28. Inferior (Article III sec. 1) 29. Majority (Article II sec. 5) 30. As soon as nine states ratify (Article VII) June 21,

16 Federalists and Anti-Federalists Compared Who were they? FEDERALISTS ANTI-FEDERALISTS Political Philosophy Type of government favored Alliances 16

17 Federalism Cases Directions: Research each of the following case regarding Federalism and answer the questions listed below. McCulloch v. Maryland 1819 Facts of the Case in 1816, Congress chartered The Second Bank of the United States. In 1818, Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Questions the case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Gibbons v. Ogden 1824 Facts of the Case a New York state law gave two individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this were duplicated elsewhere, leading to friction; some states required foreign (out-of-state) boats to pay substantial fees for navigation privileges. In this case, a steamboat owner doing business between New York and New Jersey challenged the monopoly that New York had granted, forcing him to obtain a special permit from the state to navigate its waters. Questions did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce? Schechter Poultry Corp. v. United States 1934 Facts of the Case section 3 of the National Industrial Recovery Act empowered the President to implement industrial codes to regulate weekly hours, wages, and the minimum age of employees. The codes had standing as penal statutes. Questions did Congress unconstitutionally delegate legislative power to the President? NLRB v. Jones & Laughlin Steel Corp Facts of the Case with the National Labor Relations Act of 1935, Congress determined that labor management disputes were directly related to the flow of interstate commerce and could be regulated by the national government. In this case, the National Labor Relations Board charged the Jones & Laughlin Steel Co. with discrimination against employees who were union members. Questions was the act consistent with the Commerce Clause? 17

18 Federalism Cases Key McCulloch V. Maryland In a unanimous decision, the court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme...they control the constitution and laws of the respective states, and cannot be controlled by them." Gibbons V. Ogden The court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy Clause. In his opinion, Chief Justice Marshall developed a clear definition of the word commerce, which included navigation on interstate waterways. He also gave meaning to the phrase "among the several states" in the commerce clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress. Schechter Poultry Corp V. United States The court held that Section 3 was "without precedent" and violated the Constitution. The law did not establish rules or standards to evaluate industrial activity. In other words, it did not make codes, but simply empowered the President to do so. A unanimous court found this to be an unconstitutional delegation of legislative authority. NLRB V. Jones & Laughlin Steel Corp Yes. The court held that the act was narrowly constructed so as to regulate industrial activities which had the potential to restrict interstate commerce. The justices abandoned their claim that labor relations had only an indirect effect on commerce. Since the ability of employees to engage in collective bargaining (one activity protected by the act) is "an essential condition of industrial peace," the national government was justified in penalizing corporations engaging in interstate commerce which "refuse to confer and negotiate" with their workers. 18

19 Name Date Objectives 4 pts. Excellent Discussion Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 19

20 Name Date Objectives Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated Time management Student used time wisely and remained on task 100% of the time Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved *Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Total Points (20 pts.) Comments: Individual Work Rubric 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. 20