Chapter 4 Federalism

1. Chapter 4 Federalism • Bell Work • Grab Books • Grab Two sheets in back (Notes/Wkshts) • Bell Ringer • Think and discuss with your partner whether or not you get to make decisions about your lives or whether your parents make all/most of your decisions. What is the dynamics of your family relationships an example of? • Most often federalism

2. Schedule • Federalism: The division of power • 2 days • National Govt. and the 50 states • 1 day • Interstate Relations • 1 day

3. Federalism: The division of power • What is federalism? • System of govt. where a written constitution divides powers of govt. on geographic basis • Between a central (nat’l) and several local. • Why choose Federalism? • Needed to preserve strength of existing states at time of conception • Three Reasons • Govt. power poses a threat to individual liberty • Exercise of govt. power must be restrained • Dividing govt. powers curbs/prevents abuse of power

4. Powers given to Nat’l Govt. • The Nat'l govt. is a govt. of Delegatedpowers • Three distinct powers granted it • Expressed: Also called the enumerated powers • Outlined in Article I, Sect. 8 in constitution • Implied: “Elastic Clause” • Outlined in Clause 18 of Art. I, Sect. 8 • Inherent: “Historically possessed”

5. Powers Denied the Nat’l Govt. • Constitution also denies the Nat’l Govt. certain powers • It does this in 3 distinct ways • Expressly denied by constitution • Power to prohibit religion, speech, assembly, etc. • Not listed in constitution (silenced) • Is a govt. of delegated powers, meaning it can only use those powers given to it. • Ex.: creating public school system, marriage/divorce laws • Denied by federal system itself. • Denied any power that could threaten the federal system • Example: Denied power to tax state government systems

6. Lesson Closing • L-J#1 • Anchor Activities: Do not waste time!! • Work on Section 1 Wksht. • Work on Tic-Tac-Toe Projects • Work on Colossal X-Word • Read 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.”

7. Delegated powers Those powers, expressed, implied, or inherent, granted to the national govt. by the constitution Nat’l Powers

8. Expressed Powers • Those delegated powers of the national govt. that are spelled out in the constitution • 18 Clauses that expressly give out 27 powers • Power to: lay/collect taxes, coin $, regulate commerce, declare war, etc. Nat’l Powers

9. Implied powers • Those delegated powers of the national govt. that are suggested by the expressed powers. • Clause 18: Congress has necessary and proper power to declare certain legislation it deems fit for time • Examples: Movement of things across state lines, and racial discrimination Nat’l Powers

10. Inherent powers • Powers the constitution is presumed to have delegated to the national govt. b/c it is the govt. of a sovereign state. • Basically the powers the U.S. govt. has historically possessed. • Examples: Power to regulate immigration, deport, and acquire territory Nat’l Powers

11. Wed. • Bell Work: Get books/folders • What are the 3 Delegated Powers • Expressed, Implied, Inherent • Power that is directly spelled out in constitution. • Expressed • Nat’l govt. power that is assumed b/c of head of sovereign state • Inherent • Three Ways powers denied to Nat’l Govt. • Expressly denied • Not listed/silenced b/c it is a delegated govt. • Denied to not threaten federal system

12. Powers and the States • Powers Granted • States are governments of Reserved Powers (10th amendment) • Powers Denied • Constitution denies state powers as well as nat’l • Expressly: Spelled out in constitution • Can’t sign a treaty, coin money, deprive person of life, liberty, or due process • Inherently: In protection of federal system • States can’t tax national govt. functions/agencies

13. Exclusive/Concurrent Powers • Most of the delegated powers to the national govt. are exclusive powers • Some of the delegated powers to the nat’l govt are concurrent powers. • Those powers not exclusive to nat’l govt. and not denied to states.

14. Place of Local Govts. • The U.S. is often discussed in terms of three levels: nat’l, state, and local. Is this true according to a federal system? • No, only two levels actually exist, nat’l/state • What are local/city govt.s a part of? • Sub-Unit of the state govts • The purpose of local govts in the federal system is to simply convenience the state govts from having to regulate everything.

15. Supreme Law • With 2 levels of govt. operating over similar territory and people what is bound to happen? • Conflict/disagreement are bound to happen • Supremacy Clause: “Linchpin of constitution” • Sets constitution as “supreme” law of land. • The constitution is above state/nat’l laws • S.C. and Federalism • http://www.youtube.com/watch?v=QFyZ1Q1knkI • The Supreme court is the ref of a boxing match b.t the nat’l and state govts. • Their chief duties are to deal w/the conflicts that happen b/c of the duel system

16. Lesson Closing • “We say we waste time, but that is impossible. We waste ourselves.” • Chart Due Thursday!!! • Create a chart with headings Fed. Govt., State Govt., Both. Pg. 93 will help • Place each law under one of the categories • Nat’l Defense, gambling, public education, voter registration, foreign affairs, disaster relief, levying/collecting taxes, coining money, divorce, marriage, making treaties, hunting/fishing laws, declaring war, interstate commerce, environmental protection

17. Reserved Powers • Those powers that are not granted to the Nat’l govt. and at same time, not denied to the states • Can do more things then they can’t • Most of govt. is done by the states • Examples • Drinking age, Age of consent, gambling, licensing, land use, etc, etc, etc. State Powers

18. Exclusive Powers • Powers that can only be exercised by the nat’l govt. • Cannot be exercised by states…..EVER! • Expressly denied to states or b/c of the federal system. • Examples • Coin money, make treaties, tax imports, etc. E/C Powers

19. Concurrent Powers • Powers that both the state and nat’l govt. posses and exercise. • Examples • Power to levy and collect taxes, define crimes, and take property for public use! • “No soup for you!” • These are the powers that make it possible for a federal system of govt. to function E/C Powers

20. Thursday Feb.12 • Bell Work • Grab book • 5 min’s to finish up Chart from yesterday • Turn in to basket

21. Nations obligations • Most of these obligations to the states are outlined in Article IV of the constitution • 3 Main obligations • Guarantee Republican Form of Govt. • Means that the nat’l govt. must guarantee each state a “representative govt.” • Protection form Invasion/Internal Disorder • Any attack on the 50 states is an attack on U.S • Guarantees help if a state cannot handle an internal situation • Respect Territorial Rights • Constitutionally bound to recognize legal existence and physical boundaries of states in the union

22. Process of admitting new states • Only congress has the power to admit new states to the union • One restriction • State cannot be created by taking territory from one/more existing states w/out consent of legislature (s) of state (s) involved • Procedure • Conditions

23. Cooperative Federalism • American Federal system involves broad areas of Shared Powers • These areas include funds granted to the states, and the services the states perform for the nat’l govt. • Types of Federal Aid • State Services

24. Lesson Closing • “Don’t count every hour in the day, make every hour in the day count.” • Anchor Activities • L-J#2 • Work on Section 1/2 worksheets • Colossal X-Word • Read Ahead

25. Procedure to statehood • State asks congress for admission • Congress passes an enabling act • Directing people of territory to frame a proposed state constitution • Proposed Constitution must pass popular vote of state • Congress then passes an Act of Admission • Act creating the new state, then signed by president New State?

26. Conditions to Statehood • May be asked to do/drop certain practices or laws. • Example: Utah had to drop Polytheism • Each state enters Union on equal footing as others • Examples • Read Arizona Example on pg.100-101 New State?

27. Types of Federal Aid • Grants-in-aid programs- • Grants of Federal Money or other resources to the states, cities, counties or other local units • Often help these units perform a large share of their everyday functions • 3 Types: • Categorical: specific, closely defined purpose: school lunches, airport construction, etc. • Block: Much more broadly defined purposes; health care, social services, etc. • Project: Made for states/agencies that apply for them. Often in support of research (aids, cancer, health, etc.) • Revenue Sharing • From 1972-87; congress gave an annual share of the huge federal tax revenue to the states and their smaller units. Coop. Federalism

28. State Services • Federalism is a two way street, the state govts need to help as well. • Cooperative Federalism works as federal aid to states, and state services to federal govt. • Examples • State/local officials help in conduction of national elections • State/local police officers often help apprehend/jail those who commit federal crimes • State/local courts are often the ones that see the processes of becoming a citizen. Coop. Federalism

29. Friday Feb. 13th • Bell Work • Answer these questions • Grant made for some specific, closely defined purpose? • Categorical Grant • Grants made to states/localities/agencies that apply for them • Project Grants • The area of shared powers and cooperation b.t. the State/Nat’l govts • Cooperative Federalism

30. Why interstate compacts? • Interstate Compact • Agreements among states and with foreign states approved by congress • Why? • B/c states cannot enter into any treaty, alliance, or confederation. • Examples • Nation-wide sharing of parolee and juvenile data • Compacts designed to help the development of resources. (Oil, wildlife, water, forests, etc.)

31. Full-Faith and Credit • What is it? • Constitutions requirement that each state accept the public acts, records, and judicial proceedings of every other state • Most often involved in court matters • Exceptions (for 2?) • Applies only to civil; not criminal matters • NE cannot enforce CA laws • Doesn’t have to be given to certain divorces granted by one state to residents of another • Read Williams v North Carolina • Shows example of Exception #2 at work

32. Extradition • What is it? • Legal process by which a fugitive from justice in one state is returned to that state • Purpose? • To present a person from escaping justice by fleeing one state for another • Can a governor refuse to extradite? • Not any more, a la 1987; S.C. ruled the federal courts can order the extradition of a fugitive

33. Privileges & Immunities • What is it? • No state can draw unreasonable distinctions b.t. its own residents and those who happen to live in other states • Each state must recognize the right of all residents to travel, use their courts, buy, own, rent, sell property, or marry w/in its borders • State can draw reasonable distinctions; to vote, practice law and medicine, etc. • Why? • Done to prevent the unfair favoring of a state’s residents over other residents

34. Lesson Closing • L-J #3 • Work on Study Guide • Work on Worksheets • Work on Project • Colossal X-Word