Chapter 4 Chapter 4 FederalismFederalism

Bell WorkBell Work Grab BooksGrab Books Grab Two sheets in back (Notes/Wkshts)Grab Two sheets in back (Notes/Wkshts) Bell RingerBell Ringer

Think and discuss with your partner whether Think and discuss with your partner whether or not you get to make decisions about your or not you get to make decisions about your lives or whether your parents make all/most lives or whether your parents make all/most of your decisions. What is the dynamics of of your decisions. What is the dynamics of your family relationships an example of?your family relationships an example of?

Most often federalism Most often federalism

ScheduleSchedule Federalism: The division of powerFederalism: The division of power

2 days2 days National Govt. and the 50 statesNational Govt. and the 50 states

1 day1 day Interstate RelationsInterstate Relations

1 day1 day

Federalism: The division of powerFederalism: The division of power

What is federalism?What is federalism? System of govt. where a written constitution System of govt. where a written constitution

divides powers of govt. on geographic basisdivides powers of govt. on geographic basis Between a central (nat’l) and several local.Between a central (nat’l) and several local.

Why choose Federalism?Why choose Federalism? Needed to preserve strength of existing states at Needed to preserve strength of existing states at

time of conceptiontime of conception Three ReasonsThree Reasons

Govt. power poses a threat to individual libertyGovt. power poses a threat to individual liberty Exercise of govt. power must be restrainedExercise of govt. power must be restrained Dividing govt. powers curbs/prevents abuse of powerDividing govt. powers curbs/prevents abuse of power

Powers given to Nat’l Govt.Powers given to Nat’l Govt.

The Nat'l govt. is a govt. of The Nat'l govt. is a govt. of Delegated powerspowers

Three distinct powers granted itThree distinct powers granted it Expressed: Also called the enumerated : Also called the enumerated

powerspowers Outlined in Article I, Sect. 8 in constitutionOutlined in Article I, Sect. 8 in constitution

Implied: “Elastic Clause”: “Elastic Clause” Outlined in Clause 18 of Art. I, Sect. 8Outlined in Clause 18 of Art. I, Sect. 8

Inherent: “Historically possessed”: “Historically possessed”

Powers Denied the Nat’l Govt.Powers Denied the Nat’l Govt.

Constitution also denies the Nat’l Govt. Constitution also denies the Nat’l Govt. certain powerscertain powers

It does this in 3 distinct waysIt does this in 3 distinct ways Expressly denied by constitutionExpressly denied by constitution

Power to prohibit religion, speech, assembly, etc.Power to prohibit religion, speech, assembly, etc. Not listed in constitution (silenced)Not listed in constitution (silenced)

Is a govt. of delegated powers, meaning it can only use Is a govt. of delegated powers, meaning it can only use those powers given to it.those powers given to it.

Ex.: creating public school system, marriage/divorce lawsEx.: creating public school system, marriage/divorce laws Denied by federal system itself.Denied by federal system itself.

Denied any power that could threaten the federal systemDenied any power that could threaten the federal system Example: Denied power to tax state government systemsExample: Denied power to tax state government systems

Lesson ClosingLesson Closing

L-J#1 Anchor Activities: Do not waste time!!Anchor Activities: Do not waste time!!

Work on Section 1 Wksht.Work on Section 1 Wksht. Work on Tic-Tac-Toe ProjectsWork on Tic-Tac-Toe Projects Read AheadRead Ahead

““Time is free, but it's priceless. You can'town it, but you can use it. You can't keepit, but you can spend it. Once you've lost ityou can never get it back.” ”

Delegated powersDelegated powers

Those powers, expressed, implied, Those powers, expressed, implied, or inherent, or inherent, grantedgranted to the to the national govt. by the national govt. by the constitutionconstitution

Nat’l Powers

Expressed PowersExpressed Powers Those delegated powers of the Those delegated powers of the

national govt. that are spelled national govt. that are spelled out in the constitutionout in the constitution

18 Clauses that expressly give out 27 18 Clauses that expressly give out 27 powerspowers

Power to: lay/collect taxes, coin $, Power to: lay/collect taxes, coin $, regulate commerce, declare war, etc.regulate commerce, declare war, etc.

Nat’l Powers

Implied powersImplied powers

Those delegated powers of the Those delegated powers of the national govt. that are suggested national govt. that are suggested by the expressed powers.by the expressed powers.

Clause 18: Congress has necessary Clause 18: Congress has necessary and proper power to declare certain and proper power to declare certain legislation it deems fit for timelegislation it deems fit for time

Examples: Movement of things across Examples: Movement of things across state lines, and racial discriminationstate lines, and racial discrimination

Nat’l Powers

Inherent powersInherent powers

Powers the constitution is presumed Powers the constitution is presumed to have delegated to the national to have delegated to the national govt. b/c it is the govt. of a sovereign govt. b/c it is the govt. of a sovereign state.state.

Basically the powers the U.S. govt. Basically the powers the U.S. govt. has historically possessed.has historically possessed.

Examples: Power to regulate Examples: Power to regulate immigration, deport, and acquire immigration, deport, and acquire territoryterritory

Nat’l Powers

4.1.4.1.

Bell Work: Get books/folders: Write on Small Bell Work: Get books/folders: Write on Small piece of paperpiece of paper What are the 3 Delegated PowersWhat are the 3 Delegated Powers

Expressed, Implied, InherentExpressed, Implied, Inherent Power that is directly Power that is directly spelledspelled out in constitution. out in constitution.

ExpressedExpressed Nat’l govt. power that is assumed b/c of head of Nat’l govt. power that is assumed b/c of head of

sovereign statesovereign state InherentInherent

Three Ways powers denied to Nat’l Govt.Three Ways powers denied to Nat’l Govt. Expressly deniedExpressly denied Not listed/silenced b/c it is a delegated govt.Not listed/silenced b/c it is a delegated govt. Denied to not threaten federal systemDenied to not threaten federal system

Powers and the StatesPowers and the States

Powers GrantedPowers Granted States are governments of States are governments of Reserved Powers Powers

(10(10thth amendment) amendment) Powers DeniedPowers Denied

Constitution denies state powers as well as Constitution denies state powers as well as nat’lnat’l

Expressly: Spelled out in constitutionExpressly: Spelled out in constitution Can’t sign a treaty, coin money, deprive person of Can’t sign a treaty, coin money, deprive person of

life, liberty, or due processlife, liberty, or due process Inherently: In protection of federal systemInherently: In protection of federal system

States can’t tax national govt. functions/agenciesStates can’t tax national govt. functions/agencies

Exclusive/Concurrent PowersExclusive/Concurrent Powers

Most of the delegated powers to the Most of the delegated powers to the national govt. are national govt. are exclusive powerspowers

Some of the delegated powers to the Some of the delegated powers to the nat’l govt are nat’l govt are concurrent powers.powers. Those powers not exclusive to nat’l Those powers not exclusive to nat’l

govt. and not denied to states.govt. and not denied to states.

Place of Local Govts.Place of Local Govts.

The U.S. is often discussed in terms of The U.S. is often discussed in terms of three levels: nat’l, state, and local. Is this three levels: nat’l, state, and local. Is this true according to a federal system?true according to a federal system? No, only two levels actually exist, nat’l/stateNo, only two levels actually exist, nat’l/state

What are local/city govt.s a part of?What are local/city govt.s a part of? Sub-Unit of the state govtsSub-Unit of the state govts

The purpose of local govts in the federal The purpose of local govts in the federal system is to simply convenience the state system is to simply convenience the state govts from having to regulate everything.govts from having to regulate everything.

Supreme LawSupreme Law With 2 levels of govt. operating over similar With 2 levels of govt. operating over similar

territory and people what is bound to territory and people what is bound to happen?happen? Conflict/disagreement are bound to happenConflict/disagreement are bound to happen

Supremacy Clause: “Linchpin of constitution”Supremacy Clause: “Linchpin of constitution” Sets constitution as “supreme” law of land.Sets constitution as “supreme” law of land. The constitution is above state/nat’l lawsThe constitution is above state/nat’l laws

S.C. and FederalismS.C. and Federalism http://www.youtube.com/watch?v=QFyZ1Q1knkI The Supreme court is the ref of a boxing match The Supreme court is the ref of a boxing match

b.t the nat’l and state govts.b.t the nat’l and state govts. Their chief duties are to deal w/the conflicts that Their chief duties are to deal w/the conflicts that

happen b/c of the duel systemhappen b/c of the duel system

Lesson ClosingLesson Closing ““

We say we waste time, but that is impossible. We waste ourselves.” ”

Chart Due Thursday!!!Chart Due Thursday!!! Create a chart with headings Create a chart with headings Fed. Govt., State Fed. Govt., State

Govt., Both. Govt., Both. Pg. 93 will help Pg. 93 will help Place each law under one of the categoriesPlace each law under one of the categories Nat’l Defense, gambling, public Nat’l Defense, gambling, public

education, voter registration, foreign education, voter registration, foreign affairs, disaster relief, levying/collecting affairs, disaster relief, levying/collecting taxes, coining money, divorce, marriage, taxes, coining money, divorce, marriage, making treaties, hunting/fishing laws, making treaties, hunting/fishing laws, declaring war, interstate commerce, declaring war, interstate commerce, environmental protectionenvironmental protection

Reserved PowersReserved Powers

Those powers that are Those powers that are not not granted to granted to the Nat’l govt. and at same time, not the Nat’l govt. and at same time, not denied denied to the statesto the states

Can do more things then they can’tCan do more things then they can’t Most of govt. is done by the statesMost of govt. is done by the states ExamplesExamples

Drinking age, Age of consent, gambling, Drinking age, Age of consent, gambling, licensing, land use, etc, etc, etc.licensing, land use, etc, etc, etc.

State Powers

Exclusive PowersExclusive Powers

Powers that can Powers that can onlyonly be exercised by be exercised by the nat’l govt.the nat’l govt.

Cannot be exercised by Cannot be exercised by states…..EVER!states…..EVER!

Expressly denied to states or b/c of Expressly denied to states or b/c of the federal system.the federal system.

ExamplesExamples Coin money, make treaties, tax imports, Coin money, make treaties, tax imports,

etc.etc.E/C Powers

Concurrent PowersConcurrent Powers

Powers that both the state and nat’l Powers that both the state and nat’l govt. posses and exercise.govt. posses and exercise.

ExamplesExamples Power to levy and collect taxes, define Power to levy and collect taxes, define

crimes, and take property for public use!crimes, and take property for public use! ““No soup for you!”No soup for you!” These are the powers that make it These are the powers that make it

possible for a federal system of govt. to possible for a federal system of govt. to functionfunction

E/C Powers

4.24.2

Bell WorkBell Work Grab bookGrab book 5 min’s to finish up Chart from 5 min’s to finish up Chart from

yesterdayyesterday Chart is due as check grade from me.Chart is due as check grade from me.

Have it out after 1Have it out after 1stst 5 minutes. 5 minutes.

Nations obligationsNations obligations Most of these obligations to the states are Most of these obligations to the states are

outlined in Article IV of the constitutionoutlined in Article IV of the constitution 3 Main obligations3 Main obligations

Guarantee Republican Form of Govt.Guarantee Republican Form of Govt. Means that the nat’l govt. must guarantee each state a Means that the nat’l govt. must guarantee each state a

“representative govt.”“representative govt.” Protection form Invasion/Internal DisorderProtection form Invasion/Internal Disorder

Any attack on the 50 states is an attack on U.SAny attack on the 50 states is an attack on U.S Guarantees help if a state cannot handle an internal Guarantees help if a state cannot handle an internal

situationsituation Respect Territorial RightsRespect Territorial Rights

Constitutionally bound to recognize legal existence and Constitutionally bound to recognize legal existence and physical boundaries of states in the unionphysical boundaries of states in the union

Process of admitting new statesProcess of admitting new states

Only congress has the power to Only congress has the power to admit new states to the unionadmit new states to the union

One restrictionOne restriction State cannot be created by taking State cannot be created by taking

territory from one/more existing states territory from one/more existing states w/out consent of legislature (s) of state w/out consent of legislature (s) of state (s) involved(s) involved

ProcedureProcedure ConditionsConditions

Cooperative FederalismCooperative Federalism

American Federal system involves American Federal system involves broad areas of broad areas of Shared PowersShared Powers

These areas include funds granted to These areas include funds granted to the states, and the services the the states, and the services the states perform for the nat’l govt.states perform for the nat’l govt.

Types of Federal AidTypes of Federal Aid State ServicesState Services

Lesson ClosingLesson Closing

““Don’t count every hour in the Don’t count every hour in the day, make every hour in the day day, make every hour in the day count.”count.”

Anchor ActivitiesAnchor Activities L-J#2L-J#2 Video: Isms: “Federalism”Video: Isms: “Federalism” Work on Section 1/2 worksheetsWork on Section 1/2 worksheets Colossal X-WordColossal X-Word Read AheadRead Ahead

Procedure to statehoodProcedure to statehood

State asks congress for admissionState asks congress for admission Congress passes an Congress passes an enabling actenabling act

Directing people of territory to frame a Directing people of territory to frame a proposed state constitutionproposed state constitution

Proposed Constitution must pass Proposed Constitution must pass popular vote of statepopular vote of state

Congress then passes an Congress then passes an Act of Act of AdmissionAdmission Act creating the new state, then signed Act creating the new state, then signed

by presidentby president

New State?

Conditions to StatehoodConditions to Statehood

May be asked to do/drop certain May be asked to do/drop certain practices or laws.practices or laws. Example: Utah had to drop PolytheismExample: Utah had to drop Polytheism

Each state enters Union on equal Each state enters Union on equal footing as othersfooting as others

ExamplesExamples Read Arizona Example on pg.100-101Read Arizona Example on pg.100-101

New State?

Types of Federal AidTypes of Federal Aid Grants-in-aid programs-Grants-in-aid programs-

Grants of Federal Money or other resources to the Grants of Federal Money or other resources to the states, cities, counties or other local unitsstates, cities, counties or other local units

Often help these units perform a large share of their Often help these units perform a large share of their everyday functionseveryday functions

3 Types:3 Types: Categorical: specific, closely defined purpose: school Categorical: specific, closely defined purpose: school

lunches, airport construction, etc.lunches, airport construction, etc. Block: Much more broadly defined purposes; health care, Block: Much more broadly defined purposes; health care,

social services, etc.social services, etc. Project: Made for states/agencies that apply for them. Project: Made for states/agencies that apply for them.

Often in support of research (aids, cancer, health, etc.)Often in support of research (aids, cancer, health, etc.) Revenue SharingRevenue Sharing

From 1972-87; congress gave an annual share of the From 1972-87; congress gave an annual share of the huge federal tax revenue to the states and their smaller huge federal tax revenue to the states and their smaller units.units.

Coop. Federalism

State ServicesState Services

Federalism is a two way street, the state Federalism is a two way street, the state govts need to help as well. govts need to help as well.

Cooperative Federalism works as federal Cooperative Federalism works as federal aid to states, and state services to federal aid to states, and state services to federal govt.govt.

ExamplesExamples State/local officials help in conduction of State/local officials help in conduction of

national electionsnational elections State/local police officers often help State/local police officers often help

apprehend/jail those who commit federal crimesapprehend/jail those who commit federal crimes State/local courts are often the ones that see State/local courts are often the ones that see

the processes of becoming a citizen.the processes of becoming a citizen.Coop. Federalism

4.34.3

Bell WorkBell Work Answer these questionsAnswer these questions

Answer Sect. 1 and 2 QuizzesAnswer Sect. 1 and 2 Quizzes Will go over and answerWill go over and answer

Why interstate compacts?Why interstate compacts?

Interstate CompactInterstate Compact Agreements among states and with foreign Agreements among states and with foreign

states approved by congressstates approved by congress Why?Why?

B/c states cannot enter into any treaty, alliance, B/c states cannot enter into any treaty, alliance, or confederation.or confederation.

ExamplesExamples Nation-wide sharing of parolee and juvenile dataNation-wide sharing of parolee and juvenile data Compacts designed to help the development of Compacts designed to help the development of

resources. (Oil, wildlife, water, forests, etc.)resources. (Oil, wildlife, water, forests, etc.)

Full-Faith and CreditFull-Faith and Credit What is it?What is it?

Constitutions requirement that each state Constitutions requirement that each state accept the public acts, records, and judicial accept the public acts, records, and judicial proceedings of every other stateproceedings of every other state

Most often involved in court mattersMost often involved in court matters Exceptions (for 2?)Exceptions (for 2?)

1.1. Applies only to civil; not criminal mattersApplies only to civil; not criminal matters1.1. NE cannot enforce CA lawsNE cannot enforce CA laws

2.2. Doesn’t have to be given to certain divorces Doesn’t have to be given to certain divorces granted by one state to residents of anothergranted by one state to residents of another

Read Read Williams v North Carolina Williams v North Carolina pg. 106pg. 106 Shows example of Exception #2 at workShows example of Exception #2 at work

ExtraditionExtradition

What is it?What is it? Legal process by which a fugitive from Legal process by which a fugitive from

justice in one state is returned to that statejustice in one state is returned to that state Purpose?Purpose?

To present a person from escaping justice To present a person from escaping justice by fleeing one state for anotherby fleeing one state for another

Can a governor refuse to extradite?Can a governor refuse to extradite? Not any more, a la 1987; S.C. ruled the federal Not any more, a la 1987; S.C. ruled the federal

courts can order the extradition of a fugitivecourts can order the extradition of a fugitive

Privileges & ImmunitiesPrivileges & Immunities

What is it?What is it? No state can draw No state can draw unreasonableunreasonable distinctions distinctions

b.t. its own residents and those who happen to b.t. its own residents and those who happen to live in other stateslive in other states

Each state must recognize the right of all Each state must recognize the right of all residents to travel, use their courts, buy, own, residents to travel, use their courts, buy, own, rent, sell property, or marry w/in its bordersrent, sell property, or marry w/in its borders

State can draw reasonable distinctions; to State can draw reasonable distinctions; to vote, practice law and medicine, etc.vote, practice law and medicine, etc.

Why?Why? Done to prevent the unfair favoring of a state’s Done to prevent the unfair favoring of a state’s

residents over other residentsresidents over other residents

Lesson ClosingLesson Closing

L-J #2L-J #2 During During Federalism: Standard Federalism: Standard

DeviantsDeviants Work on Study GuideWork on Study Guide Work on WorksheetsWork on Worksheets Work on ProjectWork on Project Colossal X-WordColossal X-Word

Quiz MondayQuiz Monday Review TomorrowReview Tomorrow