Federalism, State and Local Government

1. Federalism, State and Local Government Students will understand and be able to explain the principles, functions, and organization of federal, state, and local government focusing on and interactions and relationships with various levels of government and the obligations and services provided to its citizenry.

2. Federalism Goals: • Students will define the system of federalism. • Students will analyze how federalism limits government power. • Students will compare concurrent powers, enumerated powers, reserved powers, and delegated powers as they relate to state and federal government. • Students will analyze the issues related to the Tenth Amendment of the U.S. Constitution.

3. Powers and Responsibilities • The powers and responsibilities of the federal government revolve around issues that impact… • THE ENTIRE COUNTRY! • The powers and responsibilities of the state government revolve around issues that impact… • The state and issues that the federal government does not oversee.

4. Powers and Responsibilities • Concurrent powers are powers that the federal and state government _______________ because there are issues that both the federal and state governments have to deal with. • Concurrent powers are shared powers between the federal and state governments. • The powers and responsibilities of local government revolve around issues that impact… • The community, public safety, and utilities.

5. Citizens in your community have been asking questions and they aren’t sure which level of government they should approach to have their questions answered. • Your task is to identify the level of government (local, state, and/or federal) that would be in the best position to satisfy or resolve each of the questions on the list. • For each question on the list, place it on the “Analyzing Functions of Local, State, and Federal Government” activity sheet and most importantly, you need to be able to explain why you chose the level of government for each question.

6. “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” – James Madison Brainstorm and write a response to the following questions: What conclusions can you make about James Madison’s view on state and federal government powers? What evidence from the quote led you to this conclusion?

7. Discussion • Why is it important for citizens to know the powers and responsibilities within each level of government? • Why do you think different levels of government are responsible for different things? • What would be different if there was only a federal (national) government and no state or local entities? Or vice versa?

8. Articles of Confederation • The government looked very different before the U.S. Constitutionwas in place. • The government organized under the Articles of Confederation was a loose association of states that was organized for limited purposes such as defense.

9. The Articles of Confederation • The separate state governments were stronger than the national government, which led to a lot of problems for the new nation. • Most of the founders of the U.S. wanted a strongernational government, they worried about giving the government too much power. • The issue of balancing power was a core debate when creating the U.S. Constitution.

10. Federalism • Federalism: a system of government in which power is divided and shared between national, state, and local government. • Federalism is a core democratic principle of our government.

11. Federalism • In a federal system, the power of the government is distributed to different levels of government: national, state, and local. • The national government is also referred to as the federal government.

12. Federalism • The power that each government level has relates to the types of issueseach level has the power to deal with. For instance, the federal government has the power to handle issues the entire nation is concerned about. The stategovernments have the power to handle issues that concern citizens of particular states. Similarly, localgovernments have the power to address issues that concern citizens in towns and cities.

13. Delegated/Enumerated Powers • The federal government is a government of delegatedpowers. Delegated powers are also known as enumerated powers. In other words, the federal government only has those powers that the peoplehave given it in the U. S. Constitution. • In Article I, Section 8, of the U.S. Constitution the powers listed in this section are the powers delegated to Congress.

14. The 10th Amendment: Reserved Powers • Statepowers are referred to as the reserved powers. The states have the powers that are not granted to the federal government in the U.S. Constitution. • Amendment 10 of the US Constitution states, “ The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. • The Tenth Amendment was included in the Bill of Rights to further define the balance of power betweenthe federal government and the states.

15. Reserved Powers • The amendment says that the federal government has only those powers specifically granted by the U.S. Constitution. • According to the 10thamendment, any power not listed is left to the states or the people. • Although the amendment does not specify what the state powers are, the U.S. Supreme Court has ruled that laws affecting marriage, divorce, adoption, commerce that occurs within a state’s borders, and local law enforcement are among the powers specifically reserved to the states or the people.

16. Concurrent Powers • Powers that are shared by the federal and state governments are called concurrent powers. For example, the federal and state governments both have the power to tax.

17. Discussion • How do the delegated powers in Article I, Section 8 and the Tenth Amendment compare? • What do you notice about how the powers are described? • How and why are the powers of the federal government limited? • What happens if a state or local government writes a law that conflicts with the US Constitution or a national law?

18. The Supremacy Clause • What happens if a state or local government writes a law which conflicts with the U.S. Constitution or a national law?” • The U.S. Constitution is the supreme law of the land and that a state or local government cannot make laws that conflict with the U.S. Constitution or with laws passed by Congress. This is because of the Supremacy Clause in Article VI of the Constitution.