Announcements Chapter 3 Quiz Wednesday Multiple Choice TrueFalse

Announcements �Chapter 3 Quiz: Wednesday Multiple Choice True/False Matching �Current Events Diego Nicholas Michael �Test next week

Chapter 4: Federalism

Quick Exercise �Must have a driver’s license to drive a car �Young men must register for military service at 18 �Employers must pay workers at least minimum wage set by Congress �Illegal for anyone under 21 to buy alcoholic beverages �Requirements on buying firearms �No person can be denied a job on basis of race or ethnicity

Guiding Questions �How to make a government strong enough to meet the nation’s needs, at the same time, preserve the strength of the existing States? �Framers thought Governmental power poses a threat to individual liberty Government must be restrained to divide the government as federalism it curbs/prevents abuse.

Federalism Defined �Is a system of government in which a written constitution divides the powers of government on a territorial basis between a central government and several regional governments �“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” 10 th amendment Division of Powers

Federalism Defined �Dual system of government Two basic levels of government—each operating over same people and the same territory �Strength of federalism? Traditions Experimentation/innovation Union

Powers of the National Govt. �Delegated Powers Government only has those powers delegated to it in the Constitution �Expressed Spelled out expressly in Constitution “enumerated powers” �Implied Not expressly stated in Constitution Reasonably implied by expressed powers �Inherent Powers that belong to the National Government because it is the national government of a sovereign state Powers that all national governments have come to possess

Expressed � Article I, Section 8: 27 powers for Congress Tax Coin money Regulate foreign and interstate commerce Maintain armed forces Declare war Fix standards weights/measures Grant Patents/Copyrights � Article II, Section 2: Powers to the President Act as commander of the military To grant reprieves and pardons Make treaties Appoint federal judges

The Implied Powers �Constitutional basis found in one of the expressed powers �Article I, Section 8 “Necessary and Proper” or Elastic Clause Congress has the power “to make all Laws which shall be necessary and proper” to carry out the powers and duty of the national government �“convenient and useful” Highways Regulation of labor Building of dams

The Inherent Powers �Belong to the National government because it is sovereign state in world community. �Few in number— “exist because the United States exist” Regulate immigration Deport aliens Acquire territory Recognize states Protect against rebellion

Powers Denied to the National Govt. �Constitution denies central government certain powers to keep federalism intact � 1. Denial of powers expressly Article I, Section 9; 1 st through 8 th amendments �Can’t take property for public use without just compensation �Can’t prohibit freedom of: religion, speech, press or assembly �To conduct illegal searches �Can’t deny a speedy and public trial

Powers Denied to the National Govt. � 2. Powers not granted to the government due to the silence of the Constitution. Can’t create a public school system To enact uniform marriage and divorce laws To set up units of local govt. � 3. Some powers denied because of the federal system itself. Taxing states unfairly—cannot tax states in the conduct of their governmental functions �**but nongovernmental function is liable to federal taxation—maintaining liquor stores, running a bus system, etc.

States �Powers Reserved to the States 10 th amendment �Reserved Powers not granted to the national govt. but not denied to the states �Scope of reserved power is huge and encompassing Ex: State can require all doctors, lawyers, plumbers to have licenses to practice in state; establish public schools; regulate services and restrict profits of public utilities �Section 2 of the 21 st amendment really the only expressed power granted to states

States �Powers Denied to the States Article I, Section 10; Amendments 13 -15, 19, 24, 26 Some are denied expressly �Ex: No state can enter into any treaty, alliance, or confederation Others are denied to the states inherently (by existence of federal system) �No states can tax any of the agencies of national government

The Exclusive and Concurrent Powers � Exclusive Powers: Powers given to the state or national government Most powers that the Constitution delegates to national government are exclusive powers Ex: Power to regulate interstate commerce � Concurrent Powers: Powers that both the National Government and State possess and exercise Powers that the Constitution does not grant exclusively to the National Government and does not deny to the States ex: Levy and collect taxes Each of the 50 states has unitary government? ?

The Federal System and Local Governments �Conflict between federal government and state governments �The Supremacy Clause (Article IV, Section 2) This Constitution, and the Laws of the United States…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding. “linchpin of the Constitution”? �Challenges to national supremacy?

The Supreme Court and Federalism � Mc. Culloch v. Maryland 1819 Second Bank of the United States �Mc. Culloch – Baltimore branch cashier Refusal to pay Maryland tax � Justice Marshall: If any one proposition could command the universal assent of mankind, we might expect it would be this– that the government of the Union, though limited in its power, is supreme within its sphere of action…The states have no power… to retard, impede burden, or in any manner control the operations of the constitutional laws enacted by Congress.

Chapter 4, Section 2

Announcements �Test next Friday (10/3) �Current Events Diego, Nicholas, Michael Tyler, Pierce, Bao-Tri, Ryan �Quizzes Average: 89

National Government & the States � The Constitution preserves the union of States in two ways: 1) requires the National government to guarantee certain things to the States 2) makes it possible for the National Government to do certain things for the States

The Nation’s Obligations �Most found in Article IV �Republican Form of Government “representative government” Supreme Court: “political question” �Invasion and Internal Disorder “protect each of them [the States] against Invasion” “domestic Violence” � Ex: Rodney King LA riots (1992) �Respect for Territorial Integrity Legal existence + territorial boundaries of each State

Admitting New States �Northwest Ordinance of 1787 �Enabling Act directing the people of the territory to frame a proposed State constitution �Act of Admission Act creating a new State Hawaii, Alaska (1959) �Condition for Admission Cannot impose restrictions of a political nature Coyle v. Smith (Oklahoma capital case)

Cooperative Federalism �Grants in Aid programs – Federal money given to the states and or cities, counties, and other local units. Schools, roads, flood control New Deal (FDR) 1/3 of all state and local government spending Criticism of grants-in-aid? �Types of Federal Grants Categorical Block Project

Section 3 Interstate Relations �Interstate Compact http: //www. gsmfc. org/#: content@1: links@2 �Full Faith and Credit “Full faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. ” Article IV section 1 � Exceptions – applies only to civil matters, Divorce dealing w people of other states. � Privileges and Immunities “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several states”

Section 3 Interstate Relations �Extradition “A Person charged in any State with Treason, Felony, or Other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime” – Article IV, Section 2, Clause 2 �Kentucky v Dennison 1861 Over turned Puerto Rico v Branstad 1987