TOPIC 5: FEDERALISM
Objectives p. 02 In the course of reading this chapter and participating in the classroom activity, students will a. explaining the relationship of the state governments to the national government; b. describing the extent to which power is shared; c. identifying the powers denied state and national governments; d. examining the ongoing debate that focuses on the balance of power between state and national governments.
Preview p. 02 Think about who makes the decisions in your household. Do your parents make most of the decisions? Are there decisions you get to make for yourself? What decisions do you make together? Fill in the Venn Diagram below based off who gets to make decisions. Decisions your parents/ guardians make for you Decisions you and your parents/guardians make together Decisions you make for yourself 1. Why are some decisions shared while others are not? 2. What are the benefits of making decisions this way (shared)? What are the drawbacks?
I. The Division of Powers 1. Unitary System political system in which the constitution concentrates all power in the national, or central, government
I. The Division of Powers 2. Federalism - political system in which power is divided between the national government and small regional governments a. Find the definition of the relationship defined in Articles IV and VI of the Constitution
II. National Powers 1. delegated powers powers the constitution grants the national government 2. expressed powers powers directly stated in the Constitution 1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; 2. To borrow on the credit of the United States; 3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; 4. To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; 5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 7. To establish Post Offices and Post Roads; 8. 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; 9. To constitute Tribunals inferior to the supreme Court; 10. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; 11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; 13. To provide and maintain a Navy; 14. To make Rules for the Government and Regulation of the land and naval Forces; 15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 16. 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; 17. 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; And 18. 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.
II. National Powers 3. implied powers powers not written in the Constitution, but are reasonably suggested by the expressed powers; the draft, regulate nuclear power plants a. necessary and proper clause (elastic clause) allows Congress to stretch
III. State Powers 1. Reserved Powers powers given to the states, but not to the national government 2. Concurrent Powers powers shared by the states and national government
III. State Powers 3. Supremacy Clause Constitution and laws of national government are supreme law of the land a. Explained in Article VI b. McCulloch v. Maryland Supreme court case that reinforced the Supremacy Clause
IV. The National Government and the 50 States 1. Republican form of government 2. Protection from invasions and internal disorder
IV. The National Government and the 50 States 3. Respect for territorial integrity 4. Admitting new states
IV. The National Government and the 50 States 5. Unfunded Mandate a regulation or policy imposed by the national government on state and local governments without adequate federal funds to carry out the policy No child left behind
IV. The National Government and the 50 States 6. Categorical grant main source of federal aid to state and local government, can be used only for specific purposes and for helping education or categories of state and local spending a. allocate federal money based on the population of the state
IV. The National Government and the 50 States 7. Obligations of the states to the National government a. States conduct and pay for elections of the national government officials; Congress does not have the power to alter state election laws
Division of Powers p. 04 Declare war establish courts borrow money conduct foreign relations establish public schools Raise and maintain armed forces claim private property for public use Regulate interstate and foreign trade pass license requirements for professionals establish local governments conduct elections define crimes and punishments levy and collect taxes Coin money regulate trade and business within the State regulate alcoholic beverages govern U.S. territories and admit new states Delegated Powers Concurrent Powers Reserved Powers Declare war Raise and maintain armed forces Regulate interstate and foreign trade conduct foreign relations Coin money govern U.S. territories and admit new states claim private property for public use establish courts borrow money define crimes and punishments levy and collect taxes establish public schools pass license requirements for professionals establish local governments conduct elections regulate trade and business within the State regulate alcoholic beverages
V. Interstate Relations 1. Full Faith and Credit - each state must recognize the laws of other states; without this provision, each state would treat other states like foreign countries p. 04
V. Interstate Relations 2. Extradition - to return a criminal to a state where the crime was committed a. Congress made it a federal crime to flee a state in which you have committed a crime p. 04
V. Interstate Relations 3. Privileges and Immunities a. states are not allowed to discriminate unreasonably against citizens of another state b. can use courts; make contracts; buy, own, rent or sell property c. privileges and immunities does not apply to voting, serving on juries, or use of some public facilities
The End