Ch 4: Federalism EQ # 6- What are the key features of the Federal System in the U.S.
Federalism A system of government in which a constitution divides the powers of government.
Federalism in the U.S. In U.S., the division is between the National Government and 50 States Some powers are shared, some are separate. It is more complicated and less common than unitary government.
Quick Brainstorm With a partner Create a list of TEN laws you are familiar with in the U.S. ------------------------------------------
Put a * by laws you think are state laws / NOT national laws. What criteria are you using to make your determination?
National or State Law? What criteria are you using to make your determination? Do you notice any patterns?
Federalism in the U.S. In general, the federal/national government deals with economic, military and defense issues In general, states deal with social, moral and family issues
Set up your cards Green = STATE Pink = FEDERAL / NATIONAL White = BOTH
Examples of State and Federal Laws
Types of Powers in the Federal System National Government Powers Come directly and indirectly from Constitution Are considered Delegated powers State Government Powers Come from the 10 th Amendment Are considered Reserved Powers Read the handout about the powers of the National Government
Delegated Powers Powers that belong to the National Government are called delegated powers They are given to the national government through the Constitution There are THREE types: Expressed Implied Inherent
Types of Delegated Powers for the National Government 1. Expressed Powers Powers given to the National Government in writing through the Constitution. Examples- Congress can tax citizens Congress can declare war Congress can coin $
2. Implied Powers The National Government has many powers beyond those explicitly listed in the Constitution. Implied powers are NOT stated in the Constitution but are suggested by expressed powers.
2. Implied Powers- Where do they come from? The Necessary and Proper Clause (also known as the Elastic Clause) is the source of the implied powers. It states that Congress can do anything necessary and proper to carry out its expressed powers. The implied powers have led to a great expansion of power for the National Government.
Implied Powers Here s how it works Expressed Power: Congress may regulate interstate commerce Implied Power: Congress builds an interstate highway system. Express Power: Congress coins money Implied Power: Congress creates a federal bank to help citizens manage money
Inherent Powers Inherent Powers are the powers that the National Government has because it s a sovereign nation Example: Congress regulates immigration; The President negotiates agreements with foreign nations
Reserved Powers of States States have reserved powers These come from the 10 th Amendment These aren t listed in the Constitution but are reserved for the states Example: *The power to set marriage requirements *Driving laws, school requirements
State Laws Today are affected by $ from the Federal Government
Concurrent Powers Powers shared by BOTH the National Government and the States These are called concurrent powers Examples: Collecting taxes, making and enforcing laws, punishing crimes
Examples of Powers
Vote with your card Reserved Powers Implied powers Concurrent Powers Delegated Powers 10 th Amendment Inherent Powers Expressed Powers US Constitution
Activity- Powers in a Federal System Read the handout; answer the question Now consider the examples and complete the grid on the back side.
McCulloch v. Maryland, 1819 John Marshall is Chief Justice He believes in the need for a STRONG national gov t Activity- Read the case background Watch the video clip explanation Guiding Q s- What was the dispute about What was the constitutional question Who won and why?
The Supreme Court s Role in the Federal System The Supreme Court acts as umpire in disputes between national and State laws. This was established in the case McCulloch v. Maryland in 1819.
The Case-McCulloch v. Maryland The US government established a bank in Maryland that the state didn t want there. Maryland tried to tax the US bank. The U.S. government sued Maryland.
Significance of McCulloch v. Maryland, 1819 1 In disputes between the national government and the states, the national government law wins 2 The national government has implied powers and can make laws beyond the expressed powers due to the N & P Clause 3 The Supreme Court decides disputes between the nat l gov and states
The Supremacy Clause Is a clause in the US Constitution Establishes the Constitution as supreme law of the land Local, State and federal laws must not conflict with the Constitution
Supremacy Clause- Significance It Implies a hierarchy: National laws are supreme over state laws as long as the national government is acting within its constitutional limits
Interactions between the Nat l Gov and States (4.2) In the Constitution, Article IV lists ways the National Government must help the states
National Government s Responsibilities to the States The Constitution spells out what the national government must do for the states: 1. Guarantee every State a republican (representative) form of government 2. Protect against invasion and domestic violence (wars, natural disasters, unrest) 3. Respect the legal existence and physical boundaries of each State
National Government Owes Enabling Act- States To become a new state, residents must ask Congress to pass an Enabling Act-which allows them to write a state constitution Act of Admission- If the voters in the new state approve this state constitution, Congress accepts it as a new state with an Act of Admission
What is Cooperative Federalism? In the past, states and the national government were fairly separate (dual federalism) Today, grants of money from the national government to the states make them interact much more often (cooperative federalism) In what ways is this good? Bad?
Cooperative Federalism Federal Grants-in-Aid - provide $ to States from federal government for schools, roads, canals, colleges, etc. Critics say the $ gives the federal government too much influence in state matters Block Grants $ to States from the feds with fewer strings attached/more freedom to spend as State sees fit
Interstate Relations (4.3) Trouble among the States and a weak central government led to the adoption of the Constitution. The U.S. Constitution increased the power of the National Government and reduced conflict among the States
Full Faith and Credit Clause Each State must honor the laws, records and court decisions of other States Examples: drivers license, marriage, adoption, etc. are recognized as legal in other states Exception: gay marriages in MA
Privileges and Immunities Clause State laws and policies can t discriminate against a person who lives in another State. Reasonable distinctions are o.k. (i.e. wait period before becoming resident of a State; college out-of-state vs. in-state tuition)
Extradition States must return suspects of crimes who flee from one state into theirs Suspects may be tried for crimes in multiple states
Study Guide Review Work with a partner (ONE other student) Get a computer (one per pair) Do a search for Federalism Quizlet Click on the second choice ( Ch 4 Federalism ) Review the terms and their meanings on this page for FIVE minutes
Study Guide Terms Review After reviewing the definitions for 5 min Click on Flashcards and quiz each other over terms. Circle terms you got wrong on your Study Guide Write these definitions out on your study guide
Study Guide Review 1. Paste/tape the diagram of federal powers in your INB on a left hand page. 2. Using the handout, place the terms on the grid in the correct place 3. Choose examples of your own or from the diagram in your INB and write them on the handout