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3435 Lesson 14. 3637 Lesson 14 - Continued Page 35 Lesson 14 The Federal System.

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Presentation on theme: "3435 Lesson 14. 3637 Lesson 14 - Continued Page 35 Lesson 14 The Federal System."— Presentation transcript:

1 3435 Lesson 14

2 3637 Lesson 14 - Continued

3 Page 35 Lesson 14 The Federal System

4 W ARM U P # 1 Lesson 14: The Federal System L 34 The government has the “power” to makes laws. This power is divided into which levels? National Government Affects the WHOLE COUNTRY State Government Affects ENTIRE STATE Local Government Affects a LOCAL COMMUNITY

5 W ARM U P # 2 L 34 Besides making laws, what does the “government” do for its citizens? Which level of government handles this activity? The government in Washington, D.C. The government in Harrisburg? Lesson 14: The Federal System

6 How is our government like a Three-Legged Race? S NG State Governments can do some things National Government can do some things Creates a PARTNERSHIP L 34 W ARM U P # 3 They BOTH can do some things between the National Government and the states Lesson 14: The Federal System

7 L EARNING T ARGETS:  I can identify and explain the four powers of the national and state governments.  delegated powers  reserved powers  concurrent powers  denied powers VOCAB Key Vocabulary to add to Flashcard List (22-28)  Elastic Clause  Supremacy Clause  “full Faith and Credit” 35 R  I can evaluate the balance of national versus state power.  I can explain the purpose of federalism. Lesson 14: The Federal System

8 Attach the Reading on Federalism Federalism: A System of Divided Powers The Constitution defines different powers for the legislative, executive, and judicial branches of the federal government. The Constitution also establishes the principle of federalism, the division of powers between the federal and state governments. Both the federal and state governments have some exclusive powers of their own, while sharing others. The Powers of the National Government. Article I, Section 8, lists the powers granted to Congress and therefore to the national government. Among these delegated powers are the powers to borrow money, coin money, raise an army and navy, declare war, make treaties, establish post offices, and protect patents and copyrights. The elastic clause enables Congress to make laws necessary to carry out these and other delegated powers. Some of the delegated powers are given to the national government alone and specifically denied to the states. For example, only Congress has the power to coin or print money. The framers wanted to avoid the monetary confusion that existed under the Articles of Confederation, when states produced their own currency. Also, it is appropriate that only the national government can declare war or make treaties with other nations. Another example is the power to regulate trade with other nations and between the states. By regulating interstate commerce, Congress helps to create a national market with few international barriers to trade and finance. The Powers of the States. The Constitution is much less specific about state powers. In fact, the only power specifically granted to the states, in Article V, is the power to ratify amendments. On the other hand, the Tenth Amendment declares, “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.” In other words, any power not expressly granted to the national government would remain with the states and the people. These powers are called reserved powers. Reserved powers include those that are appropriately handled at the state or local level. Providing police and fire protection, establishing schools, and regulating businesses within the state are all reserved powers. So are issuing marriage licenses, conducting elections, and establishing local governments. Article IV says that states must give “full Faith and Credit” to the laws and decisions of other states. This means that states, for the most part, must accept the legal documents and actions of other states. States also have certain responsibilities to each other. For example, they must allow a child born in another state to attend their public schools. They must help each other track down criminals. Read and highlight important details Lesson 14: The Federal System 37 R

9 GOVERNMENT POWER L 36 Lesson 14: The Federal System

10 Attach the Graphic Organizer THE FEDERAL SYSTEM Division of _______________ between the ___________ and __________________________ governments. Powers of the _______________________ 1. ________________________________________________________ 2. ________________________________________________________ 3. ________________________________________________________ 4. ________________________________________________________ 5. ________________________________________________________ 6. ________________________________________________________ 7. ________________________________________________________ 8. ________________________________________________________ 1. __________________________________________ 2. __________________________________________ 3. __________________________________________ 4. __________________________________________ 5. ________________________________________________________ 6. ________________________________________________________ 7. ________________________________________________________ 8. ________________________________________________________ 9. _______________________________________________ ____________________________________________ 10. _________________________________________ _______________________________________ 11. ______________________________________ _____________________________________ 12. ___________________________________ __________________________________ 13. _________________________________ __________________________________ 14. _________________________________ __________________________________ 15. ____________________________________ 16. ______________________________________ Powers ____________ by the National and State Governments POWERS 1. ___________________________________ 2. ____________________________________ 3. ____________________________________ 4. ____________________________________ 5. ____________________________________ 6. ___________________________________ 7. ________________________________ 8. ____________________________ 9. _______________________ Complete the graphic organizer Lesson 14: The Federal System 35 R

11 FEDERALISM: A SYSTEM OF DIVIDED POWERS The Constitution defines different powers for the legislative, executive, and judicial branches of the federal government. The Constitution also establishes the principle of federalism, the division of powers between the federal and state governments. Both the federal and state governments have some exclusive powers of their own, while sharing others. Lesson 14: The Federal System

12 THE FEDERAL SYSTEM Division of _______________ between the ___________ and ___________ governments. powers federalstate Lesson 14: The Federal System

13 The Powers of the National Government. Article I, Section 8, lists the powers granted to Congress and therefore to the national government. Among these delegated powers are the powers to coin money, raise an army and navy, declare war, make treaties, establish post offices, and protect patents and copyrights. The elastic clause enables Congress to make laws necessary to carry out these and other delegated powers. Some of the delegated powers are given to the national government alone and specifically denied to the states. For example, only Congress has the power to coin or print money. The framers wanted to avoid the monetary confusion that existed under the Articles of Confederation, when states produced their own currency. Also, it is appropriate that only the national government can declare war or make treaties with other nations. Another example is the power to regulate trade with other nations and between the states. By regulating interstate commerce, Congress helps to create a national market with few international barriers to trade and finance. Lesson 14: The Federal System

14 Powers of the ______________________ POWERS National Government DELEGATED 1.Regulate interstate and foreign trade 2.Coin money and regulate its value, fix standard of weights and measurements 3.Punish counterfeiting of securities and current coin of the U.S. 4.Set uniform rule of naturalization and of bankruptcy 5.Establish post offices 6.Promote science and useful arts with patents and copyrights 7.Punish piracies and felonies on the high seas 8.Declare war 9.Raise and support an army 10.Provide and maintain a navy 11.Make rules for governing armed forces 12.Call out state militias to execute U.S. laws, end rebellions, and repel invasions 13.Share governance of militias with states 14.Govern the national seat of government, a district separate from the states, not to exceed ten square miles 15.Govern territories and admit new states 16.Make all laws which shall be necessary and proper for carrying into execution the foregoing powers Lesson 14: The Federal System DELEGATED POWERS those powers granted to the National Government rather than to the states under the U.S. Constitution E LASTIC C LAUSE a clause in Article I, Section 8 of the U.S. Constitution that allows Congress to stretch its lawmaking powers to include laws that are “necessary and proper” for carrying out its duties Examples of the “Elastic Clause” Congress has the power to raise an army and navy but if too few volunteer, Congress can conscript/draft people the Louisiana Purchase Congress does not have power to acquire new lands includes those expressed, implied, and inherent powers

15 The Powers of the States. The Constitution is much less specific about state powers. In fact, the only power specifically granted to the states, in Article V, is the power to ratify amendments. On the other hand, the Tenth Amendment declares, “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.” In other words, any power not expressly granted to the national government would remain with the states and the people. These powers are called reserved powers. Reserved powers include those that are appropriately handled at the state or local level. Providing police and fire protection, establishing schools, and regulating businesses within the state are all reserved powers. So are issuing marriage licenses, conducting elections, and establishing local governments. Article IV says that states must give “full Faith and Credit” to the laws and decisions of other states. This means that states, for the most part, must accept the legal documents and actions of other states. States also have certain responsibilities to each other. For example, they must allow a child born in another state to attend their public schools. They must help each other track down criminals. Lesson 14: The Federal System

16 Powers of the ______________________ POWERS 1.Establish local governments 2.Conduct elections 3.Regulate commerce within a state 4.Establish and maintain schools 5.Make marriage and divorce laws 6.Provide for public safety 7.Make laws regarding contracts, corporations, wills 8.Raise and support a militia RESERVED States Lesson 14: The Federal System RESERVED POWERS powers kept by the states under the U.S. Constitution FULL F AITH AND C REDIT states must, for the most part, accept the legal documents and actions of other states

17 Shared Powers of the Federal and State Governments. Some of the powers delegated to Congress are not denied to the states. These are called concurrent powers because the federal government and state governments can independently exercise them at the same time. For example, the federal and state governments both collect taxes. Both build roads, establish courts, borrow money, make and enforce laws, and spend money for the general welfare. Their overlapping responsibilities often require the state and federal governments to work together. For example, Congress sets the date for national elections, and the states register voters and run the elections. The states count the ballots, and Congress organizes the Electoral College vote. Federal and state officials also coordinate efforts to provide such services as law enforcement and disaster relief. The sharing of power can also create conflict between the federal and state governments. The Constitution provides the general framework for concurrent powers, but it does not spell out every one of them. Nor does it resolve all the issues that arise when powers are shared. Through the years, the system of shared powers has evolved through new laws, amendments to the Constitution, and court decisions. Lesson 14: The Federal System

18 Powers ____________ by the National and State Governments POWERS 1.Lay and collect taxes; pay debts 2.Borrow money 3.Provide for the general welfare 4.Establish courts 5.Enforce laws 6.Punish lawbreakers 7.Charter banks 8.Make bankruptcy laws 9.Build roads CONCURRENT Shared Lesson 14: The Federal System CONCURRENT POWERS powers shared by the federal and state governments under the U.S. Constitution

19 The Law of the Land. Article VI contains a very important clause that declares, “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.” Since this clause affirms that the Constitution and federal laws are the supreme law of the land, it is often called the supremacy clause. The supremacy clause establishes that federal law must be followed in cases involving conflict between federal and state law. A state’s constitution, laws, and judicial decisions cannot conflict with the U.S. Constitution or with the laws and treaties of the United States. Lesson 14: The Federal System S UPREMACY C LAUSE a clause in Article VI of the U.S. Constitution, stating that it is the “supreme Law of the Land”; this means federal law supersedes all state and local laws

20 Lesson 14: The Federal System POWERS DENIED GOVERNMENT BOTH THE NATIONAL AND STATE GOVERNMENTS 35 R Grant titles of nobility Permit slavery (13th Amendment) Deny citizens the right to vote due to race, color, or previous servitude (15th Amendment) Deny citizens the right to vote because of gender (19th Amendment) Pass ex post facto laws It is meant to prevent a law being passed to make a past action illegal. Some countries will discover an action they do not like, but is not against the law. So they pass the law to make that action illegal and then apply it to people that broke that law before it was passed. An example would be if a woman was driving in Illinois and the speed limit was 50mph. So she drove exactly 50mph. The passing police officer checked her speed and insured that she was going the good speed. The next day, the Illinois Congress decided to lower the speed limit to 40mph. That afternoon, that woman was driving 40mph. The police officer checked her speed and insured that she was going the good speed. THEN he remembered that she was driving 50mph yesterday and pulled her over. He would try and give her a ticket for speeding. You’re getting punished for a law after the fact.

21 W RAP U P Lesson 14: The Federal System Vocabulary Review L 34

22 GOVERNMENT POWER

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