FederalismDo Now: Think of the chores and responsibilities that your family completes on a daily/weekly basis. How are those responsibilities determined and split between your family members?

Study Goals (SWBAT)

• How federalism divides government power

• How the Constitution describes the relationship between the national Government and the states

• How the Constitution promotes cooperation between states

Federalism• System of Gov't that divides power between two levels

• National• State

National Gov’t• Delegated powers

• In the Constitution• Limited powers

• Expressed• Implied• Inherent• Exclusive

National Gov’t

•Expressed power – National governments powers found in the Constitution

• It is “expressed”

National Gov’t

• Implied Powers – national governments powers that are NOT in the Constitution. They can be connected to something in the Constitution by the necessary and proper clause (elastic clause)

National Gov’t

• Inherent Powers – National governments powers that ALL national governments have.

National Gov’t

•Exclusive Powers – Powers ONLY held by the National Government.

State Powers

• Reserved Powers• 10th Amendment

• Education• Driving• Marriage• License

Concurrent Powers

• Shared by both• Taxes• Crime• Court

Supreme Court• Interprets the Constitution to determine appropriate use of

power.• “Umpire”

Conflict between the National & State Governments• Slavery and States Rights

• Settled by the Civil War

• Medical/Recreational Marijuana

• The Definition of Marriage

• National Healthcare (“Obamacare”)

VS

Supremacy of Laws in the US

•US Constitution•Act of Congress

•State Constitutions•State laws•City and County ordinaces

Guarantees to the States

•The National government guarantees three things to the States

•1. Guarantee Representation•2. Protect the States•3. Respect the States

Cooperative Federalism

• Grants in Aid Programs• $ from the Federal/National Government to the State

for projects• Comes with “strings attached”

• States must contribute own $• Follow guidelines• Set up agencies to account for $ and program

• Block Grants • $ with fewer restrictions – less strings attached• State prefer this type of grant

Relations Among the States

• Interstate Relations• Interstate Compacts

• “Full Faith and Credit”

• “Privileges and Immunities”

• Extradition

Relations Among the States

•Interstate Compacts – Agreements between two or more states

Relations Among the States

•Full Faith and Credit – States must honor the laws and records of other states

Relations Among the States

•Privileges and immunities – No State can discriminate against a person who lives in another state.

•There are exceptions

Relations Among the States

• Extradition – fugitive running from police who escapes to another state must be returned to the state where the crime was committed.

Federalism

The Constitution with Peter Sagal: A More Perfect Union

Peter Sagal- Federalism