Constitution and Federalism

Learning Objectives Understand the Basic structure of the United States Constitution Identify how the Constitution creates checks and balances and implements principles of Federalism

Articles 1-3 Finish reviewing the constitution in small groups. GO over any question that was confusing

The Constitution established 3 branches of government Legislative Branch (Congress)- The branch of government that makes the laws. Consists of a Senate- 2 representatives per state, elected for 6 years. 100 senators in Congress House of Representatives- Elected for 2 years by district, Number of representatives depends on population. 435 representatives in congress Executive Branch (President) –the branch of the United States government that is responsible for carrying out the laws President is elected via electoral college for 4 years Judiciary (Courts)- The branch of government responsible for interpreting laws settling disputes between states; made up of the national courts

Judicial Review Before judicial review many thinkers (including Madison and Jefferson) thought that state were the ultimate protectors of the constitution through “nullification” Madison v. Marbury (1803) = Court Grants the right to itself for Judicial Review

Checks and Balances

Federalism What is Federalism?

Federalism A system of where power is shared between a central and state governments

Federalism (already in your notes) In order of central authority over smaller units of government Unitary System (China France) = complete central control Federal System (US Canada)= shared power Confederal system (Articles of Confederation) = weak central control

Constitution National power: Article 1 Section 8: Congress shall have the power to lay and collect taxes… to regulate commerce with foreign nations and among the several states to make all laws necessary and proper for carrying into execution the foregoing powers State Power: 10 th Amendment: “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”

Federalism The national government can only do what the constitution says it can Coin money Collect taxes Regulate Commerce State governments can do anything that the constitution does not prohibit Coin Money Have an Army Violate Bill of rights

Delegated powers (pg. 59) Delegated to the National government: War power Regulate commerce Power to tax and spend

Concurrent powers Shared by both state and federal Transportation Courts Borrow money

Reserved Powers (States) State Power 10 th Amendment

Prohibited powers States can’t raise an army Bill of rights Can’t change state boundaries

Read Article IV Full Faith and Credit Clause Privileges and Immunities Clause

Full Faith and Credit Clause Part of Article IV of the Constitution requiring that each state's laws be honored by the other states. For example, legal marriage in one state must be recognized across state lines

Privileges and Immunities Clause Part of Article IV of the Constitution requiring that states must treat non state residents within their borders as they would treat their own residents, This was meant to promote commerce and travel between states

Read Article V Amendment Process

Amending the Constitution

Read Article VI National Supremacy Clause Necessary and Proper Clause

National Supremacy Clause Part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the United States are the supreme law of the land, meaning national laws take precedent over states laws in the two conflict

Necessary and Proper Clause Part of Article I, Section 8, of the Constitution that grants Congress the power to pass all laws related to one of its expressed powers also known as the elastic clause

Article VII Ratification

September 1787 Constitution approved at the Convention (No RI) December Delaware ratifies the constitution Voters in Rhode Island vote down the Constitution (237–2,945) End of 1789 Bill of Rights is sent to the states RI ratifies the constitution

Federalists Vs. Anti Federalists What are the underlying ideas of the anti-Federalists? Were they right? Is our government flawed and ungovernable? What are central ideas of the Federalists? Were they right? Does our Federal system work?

Implied powers vs. Strict interpretation Alexander Hamilton believed the national government had implied powers to create a national bank Jefferson believed in a strict interpretation of the constitution. The word Bank is nowhere in Article I section 8