Welcoming Activity….  Pair …Share…. Answers from last night’s homework.

Where do all these laws come from??? What the heck is Federalism?

Federalism Our Constitutional Framework

Federalism  What is it? The division of power between the states and the federal government.  Why is it important to us? It helps creates the essential framework for how laws are created, enforced and interpreted. It helps creates the essential framework for how laws are created, enforced and interpreted.

A little Constitutional History  Origins of the U.S.A. as a “confederation” of states  The inadequacies of the Articles of Confederation; the need for a stronger federal government  The balancing act: Creating a national government without risking of tyranny?

Four Key Constitutional Principles for Studying Law  Limited Government  Supremacy Clause  Separation of Powers  Judicial Review

Four Key Constitutional Principles cont.  Limited Government:  The Constitution was designed to explicitly limit the powers of the federal government and reserve the remaining powers to the states. This means most law is state law.  Supremacy Clause:  HOWEVER… if there is a conflict between a state law and a federal law (as an exercise of power reserved by the Constitution) then the federal law will trump the state law.

Four Key Constitutional Principles cont.  Separation of Powers: To further check the power of the federal government, the Constitution divided its authority into three branches. Each branch possesses unique powers (balance) and each can overrule some decision of the other. (checks) To further check the power of the federal government, the Constitution divided its authority into three branches. Each branch possesses unique powers (balance) and each can overrule some decision of the other. (checks) Executive Judicial Legislative

Separation of Powers Dealing with Law  Legislative: Congress is empowered to write laws. These are called statutes. Congress is empowered to write laws. These are called statutes.  Executive: The President and federal agencies are empowered to enforce the law. The President and federal agencies are empowered to enforce the law.  Judicial: Courts are empowered to interpret the laws. Courts are empowered to interpret the laws. Executive Judicial Legislative

Judicial Review  Defined: “The process by which courts decide whether laws passed by Congress or state legislatures are constitutional.”

Homework Read pgs 15-18Read pgs Complete Problem 1.8 pg 18Complete Problem 1.8 pg 18 Brainstorm:Brainstorm: How does Federalism establish the framework for all laws in the USA? In other words, how does it organize all the laws in the USA?