Transcript federalism - OCPS TeacherPress

FEDERALISM
Chapter 3
How does this cartoon reflect the
concept of federalism?
NUMER OF GOVERNMENTS IN THE U.S.
The national
government and
state governments
derive all authority
from the people.
Local and regional
governments
derive all authority
from a strong
national
government.
National
government
derives power
from states;
weak national
government.
FEDERALISM:
• Two or more levels of government have
formal authority over the same area and
people…another system of checks &
balances!
• There is a decentralization or
DEVOLUTION of government power; a
“sharing of the wealth” and gov’t power.
• Do state gov’ts influence the federal gov’t?
• Does the federal gov’t influence state gov’ts?
• What obligation does the federal gov’t have to states?
– protect the states against violence & invasion
Why was federalism the only real
choice for the framers?
• Citizens too spread out to have a unitary gov’t
• No other practical choice since transportation &
communication systems too primitive to allow
governing from a central location
• The Confederation had clearly failed.
• American’s loyalty to state gov’ts was stronger
than it was to the U.S. government
• If they tried to abolish state governments, the
Constitution would not have been ratified.
National/Federal Powers
under the Constitution
• ENUMERATED
• A/k/a Delegated or Expressed powers
• 17 specific powers granted to Congress by Art.
I, Sec. 8 of the U.S. Constitution including:
–
–
–
–
Taxation
Coinage of money
Regulation of interstate commerce
National defense / Declare War
• May also be referred to as exclusive powers.
Implied Powers
• Additional powers of federal
gov’t that are implied to make
Congress’ expressed powers work
• Source: Elastic Clause
– Congress may pass any law “necessary
and proper” for carrying out its
expressed powers
– IRS is a good example
– Explain – Congress’ power to set up the
IRS is implied from what expressed
power Congress has?
Article I, Section. 8.
Enumerated Powers of Congress
The Congress shall have Power
1-To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2-To borrow Money 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 an 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 Offences 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.
Inherent Powers
• Not listed; powers a sovereign
gov’t has just because it is a
gov’t
• Examples would be power to
control nation’s borders,
acquire new territories,
determine citizenship laws,
defend the nation, etc.
Reserved Powers
of the States
• 10TH AMENDMENT
– Powers not delegated to federal government
in Constitution nor prohibited to the states
are reserved to the states
• STATES HAVE POWER TO:
– regulate intrastate commerce, provide for
the public safety, establish local
governments, conduct and establish rules
for elections, and originally even
determined voter qualifications
Concurrent Powers
• Powers that are shared by both
federal and state governments
– Tax
– Borrow Money
– Create Banks
– Establish courts
– Education?
Identify whether the activities below are
powers of the federal gov’t, state
governments, or both and explain your
rationale for each choice.
•
•
•
•
•
•
Issue driver’s licenses
Determine length of the school year
Maintain the Air Force & Coast Guard
Clean up water pollution in rivers & lakes
Tax individual & corporate income
Set up the process early voting in
presidential elections
• Establish a lottery system
Denied Powers
• Congress cannot
• States cannot
– Enter into treaties
– Coin money
– No ex post facto laws –
meaning?
– Impair obligation of
contracts
– Cannot enter into compacts
with other states without
congressional approval
– Denied the authority to take
arbitrary actions affecting
constitutional rights and
liberties
– Cannot pass a bill of
attainder
• Favor one state over
another in regulating
commerce
• Cannot charge duties
on items exported
from any state
• Cannot pass a bill of
attainder
• No ex post facto laws
Supremacy
Who rules in a conflict –
federal or state?
• Art VI- Supremacy Clause
• Provides that supreme law of
the land is made up of:
1.THE CONSTITUTION
2.Laws of the federal government
3.Treaties of the U.S.
Four historical events
have settled the issue of
federal/state supremacy:
1. Doctrine of implied powers
(McCulloch)
2. Definition of the commerce
clause (Gibbons)
3. The Civil War
4. The Civil Rights Movement
Federalism
and the Marshall Court
• 3 rulings in the early 1800s had a major impact on the
balance of power between national & state governments.
– McCulloch v. Maryland (1819)
• Upheld power of national government and denied
the right of a state to tax the national bank
– Gibbons v. Ogden (1824)
• Upheld broad congressional power to regulate
interstate commerce
– Barron V Baltimore (1833)
• 5th Amendment (due process) doesn’t apply to
actions by states, limited Bill of Rights actions to
Congress
“The power to tax is the
power to destroy.”
•
•
McCulloch v.
Maryland, 1819
Supremacy clause & implied powers
of national government upheld!
• State of Maryland tried to tax the Baltimore branch
of the national Bank of the U.S.
• McCulloch (officer at Bank) refused to pay the tax
–
–
Marshall’s ruling:
States may not tax a federal agency (due
to Art. VI-supremacy clase)
“Elastic clause” gives Congress the Necessary
and Proper powers (implied powers) to enact
policies to run the country (the Bank!)
Watch the Medical Marijuana Federal vs. State
power video (4 min.) at the following link:
http://www.pbs.org/tpt/constitution-usa-petersagal/classroom/episode-1-federalism/
Make sure that you understand the McCulloch v.
Maryland case. You will need to explain it in your
own words in tomorrow’s class activity.
Find a Venn Diagram showing National Powers
State Powers and the overlapping Concurrent
Powers and copy and paste it. Make sure you can
identify some of each type of power.