1. The Federal System

2. GPS Standards SSCG5 The student will demonstrate knowledge of the federal system of government described in the United States Constitution. SSCG5 The student will demonstrate knowledge of the federal system of government described in the United States Constitution. Explain the relationship of state governments to national government. Explain the relationship of state governments to national government. Define the difference between enumerated and implied powers. Define the difference between enumerated and implied powers. Describe the extent to which power is shared. Describe the extent to which power is shared. Identify powers denied to state and national governments. Identify powers denied to state and national governments. Analyze the ongoing debate that focuses on the balance of power between state and national governments. Analyze the ongoing debate that focuses on the balance of power between state and national governments. Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law of the land.” Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law of the land.”

3. Federal System at Work Early in American history, South Carolina refused to comply with the tariff of 1828. It “nullified,” or rejected, this law, which hurt agricultural exports. However, President Andrew Jackson declared that a federal law is supreme. South Carolina was forced to accept a new, lower tariff law passed by Congress soon afterward. Early in American history, South Carolina refused to comply with the tariff of 1828. It “nullified,” or rejected, this law, which hurt agricultural exports. However, President Andrew Jackson declared that a federal law is supreme. South Carolina was forced to accept a new, lower tariff law passed by Congress soon afterward. Why do you think this was the case? Why do you think this was the case?

4. Supreme Law The Supremacy Clause (Article VI) states that no state law or constitution can conflict with any national law. The Supremacy Clause (Article VI) states that no state law or constitution can conflict with any national law. The Constitution is the supreme law of the land. The Constitution is the supreme law of the land.

5. The Division of Powers The federal system divides government powers between national and state governments. The federal system divides government powers between national and state governments. Federalism gives certain powers to the national government and reserves all other powers to the states and to the people. Federalism gives certain powers to the national government and reserves all other powers to the states and to the people.

6. Discussion Question  States’ rights supporters argue that the national government has too much control over state and local governments. Do you agree? Explain.

7. National Powers Three types of powers of the federal government… 1. Enumerated Powers are specifically given to the national government. They allow it to levy taxes, to coin money, to make war, to raise an army and navy, and to regulate interstate commerce. They are also called Delegated Powers or Expressed Powers. 2. The implied powers, in the elastic clause (“necessary and proper” clause) of the Constitution, are powers the national government requires to carry out the enumerated powers. These are powers that the government takes but are not directly granted. 3. Inherent powers of the national government are powers it exercises simply because it is a government.

8. The States and the Nation  Reserved powers belong strictly to the states. Powers that are not listed in the Constitution and not denied to the states. 10 th amendment. National and state governments exercise concurrent powers… powers that both have at the same time. (Shared Powers.)

9. States and the Nation (cont.) The Constitution also lists powers denied to the national and state governments. The Constitution also lists powers denied to the national and state governments. Article I, Section 9 lists powers denied to the federal government: Cannot tax exports, interfere with states’ responsibilities. Article I, Section 9 lists powers denied to the federal government: Cannot tax exports, interfere with states’ responsibilities. Article I, Section 10 lists powers denied to the states. Ex. Cannot make treaties with other countries, and cannot grant titles of nobility. Article I, Section 10 lists powers denied to the states. Ex. Cannot make treaties with other countries, and cannot grant titles of nobility.

11. Guarantees to the States A republican form of government. A republican form of government. Protection from invasion and domestic violence. (States must ask for help.) Protection from invasion and domestic violence. (States must ask for help.) Territorial integrity: No state can be divided to make a new state w/o it’s permission. Territorial integrity: No state can be divided to make a new state w/o it’s permission.

12. Discussion Question Under what circumstances can a president send troops into a state without the Governor’s permission? Read p. 98-99 under “Protection” Under what circumstances can a president send troops into a state without the Governor’s permission? Read p. 98-99 under “Protection” When national laws are violated, federal property is threatened, or federal responsibilities are interfered with. When national laws are violated, federal property is threatened, or federal responsibilities are interfered with. Ex. Federal troops being sent in to help integrate schools. Ex. Federal troops being sent in to help integrate schools.

13. Admission of New States Congress has the power to admit new states to the Union. Each state admitted is equal to every other state. Congress has the power to admit new states to the Union. Each state admitted is equal to every other state. Enabling Act – enable people of the territory interested in becoming a state to prepare a constitution. Enabling Act – enable people of the territory interested in becoming a state to prepare a constitution.

14. Obligations of the States   The two important functions state governments perform for the national government are… 1. 1. Conduct and pay for elections of all national government officials. 2. 2. Ratify or reject an amendment.

15. The Courts as Umpire The Supreme Court and the federal courts settle disputes between the states and the national government. The Supreme Court and the federal courts settle disputes between the states and the national government. McCulloch v. Maryland – the Supreme Court ruled that in a conflict between a state government and national government law…the national government is supreme. McCulloch v. Maryland – the Supreme Court ruled that in a conflict between a state government and national government law…the national government is supreme. The Court has also limited the government’s control over states. Ex. United States v. Lopez (1995) said Congress exceeded authority by passing a national law banning gun possession in or near schools. The Court has also limited the government’s control over states. Ex. United States v. Lopez (1995) said Congress exceeded authority by passing a national law banning gun possession in or near schools.

16. Interstate Relations The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters. This is “full faith and credit.” If you are married in Oregon, Georgia must recognize it. The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters. This is “full faith and credit.” If you are married in Oregon, Georgia must recognize it. Each state must treat citizens of other states equally with its own citizens. This means states must grant the same “privileges and immunities” to citizens of other states as they give to their own. Ex. Being able to own property and get married. Each state must treat citizens of other states equally with its own citizens. This means states must grant the same “privileges and immunities” to citizens of other states as they give to their own. Ex. Being able to own property and get married. There are limits to the “privileges and immunities” clause, however. Nonresidents may not enjoy all the rights of state citizens. Ex. Voting or serving on a jury. There are limits to the “privileges and immunities” clause, however. Nonresidents may not enjoy all the rights of state citizens. Ex. Voting or serving on a jury.

17. Interstate Relations (cont.) Criminals fleeing to other states may be returned to their home state by extradition. Criminals fleeing to other states may be returned to their home state by extradition. States use interstate compacts, or agreements among themselves, to settle border or jurisdiction conflicts and to deal with common problems, EX: toxic waste disposal, but these compacts must be approved by Congress. States use interstate compacts, or agreements among themselves, to settle border or jurisdiction conflicts and to deal with common problems, EX: toxic waste disposal, but these compacts must be approved by Congress. Lawsuits brought by a state against another state are tried in the Supreme Court. Lawsuits brought by a state against another state are tried in the Supreme Court.

18. States’ Rights Position Favors state and local action in dealing with problems Believe that the Constitution created a compact among states National government has limited powers Believe that state governments better reflect the needs of the people Believe that national government poses a threat to individual liberties Believe in reserved powers of the 10th Amendment

19. Nationalist Position Do not believe that the national government is an agent of the states Do not believe that the national government is an agent of the states Believe that people created the national government Believe that people created the national government Powers should be expanded to carry out the people’s will Powers should be expanded to carry out the people’s will Believe that national government stands for all the people Believe that national government stands for all the people National government should lead in solving major social issues National government should lead in solving major social issues

20. Growing National Government Three major constitutional provisions have expanded national power Three major constitutional provisions have expanded national power 1. The power to wage war – economy and education effect military capabilities, federal control over these has expanded during war time. 2. The power to regulate trade (commerce). Ex. Civil Rights Act of 1964 prohibited racial discrimination in public accommodations like hotels and restaurants because it would make it more difficult to travel between states. 3. The power to tax. 16 th Amendment created power to create a federal income tax. Can use tax policy to regulate business and influence states to adopt certain programs.

21. Federal Aid to the States Ways that Congress influences the policies of the states. Ways that Congress influences the policies of the states. Federal Grants Federal Grants - Redistributes income among the states - Grants help improve programs in poorer states Preemption Laws Preemption Laws - Uses restraints, which prohibit state or local governments from exercising certain powers. Mandates Mandates - which is a federal order requiring states to provide a service that meets a national minimum standard.

22. Federalism and Public Policy  Policy: a stated course of action  Public Policy: a government action in response to an issue

23. Federalism and Public Policy (cont.) Individual states try out ideas – these ideas often become national policy. Examples: Georgia: lowered the voting age to 18 Colorado: Sunset laws – requires periodic checks of government agencies to see if they are still needed. Florida: Sunshine laws – prohibits public officials from holding closed meetings.

24. Federalism at the national level  Policy may also originate at the national level:  EX: Civil Rights Acts  Civil Rights activists attracted enough attention at the national level that they were able to force changes.

25. Federalism and Political Parties Federalism prevents one party from controlling the government. If a party is not winning at the national level they still have opportunities in the individual states.

26. Differences Among the States Political and economic differences among states give U.S. citizens wider opportunities for choosing the conditions under which they will live. Examples: Examples: Some states do more to regulate business and industry Some states do more to regulate business and industry Some states provide more health care and welfare services Some states provide more health care and welfare services Some states have higher or lower taxes Some states have higher or lower taxes

27. The Direction of Federalism In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states’ rights view. In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states’ rights view. Because there is a balance in Congress between Democrats and Republicans – policies have shared both views. Because there is a balance in Congress between Democrats and Republicans – policies have shared both views.