10LessonBeginFederalism

AIM: What is federalism?

Do Now: Keep handouts. Turn and talk with classmate to answer the hypotheticals using the Constitution. Ask Mr. Dennie if you need help or clarification.

The following is directly quoted from the College Board website (AP Central)

“Federalism serves as a cornerstone of the U.S. republic in the way it defines boundaries between what state governments and the national government are each empowered to do, even when the issues or objectives are the same. It underscores a reason the U.S. Constitution was needed in the first place--to distribute sufficient power to a national government so as to protect the country from foreign powers and maintain a healthy economy, while granting the remaining powers to the states to preserve their autonomy and ensure accountability with the people. Why is federalism so important to understanding how our government works today? Constitutional delegates believed there was good reason to create a strong national government emphasizing national unity over state sovereignty in particular areas. Having just fought the Revolutionary War, however, they also believed that “limited” government was preferable to what they perceived as a nearly “unlimited” government represented by King George and the British Parliament. Limitations placed on the national government range from the terse list of “enumerated powers” in Article I, including what has become known as the Commerce Clause, to the reminders in the Ninth and Tenth Amendments that all other powers are essentially “reserved” to the states and to the people, respectively. All of this reflects a profound distrust of centralized authority, and it was widely believed that limiting Congress to a short list of powers would protect the personal rights and property of the people.”

“Decentralizing sovereign power across levels of government distinguishes our federal structure from that of a unitary system, and there are certain advantages and protections in doing so. However, such a structure is not problem-free. One problem has to do with the provincial and sometimes inconsistent protection of civil liberties across states. Also, many states do not have the fiscal resources to address intransigent problems of poverty and economic stagnation within their boundaries. On the other hand, the national government’s take-over of policy areas originally reserved to state legislatures has on occasion led to heavy-handed and coercive controls that stifle creative solutions to regional or state-wide problems. Political, economic, and technological developments have all affected what many believe is a contentious balance of power between the national and state levels of government.”

From Cornell Law:

Federalism

Overview

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

United States

In the United States, the Constitution has established a system of “dual sovereignty,” under which the States have surrendered many of their powers to the Federal Government, but also retained some sovereignty. Examples of this dual sovereignty are described in the U.S. Constitution. 

Supremacy Clause

Article VI of the U.S. Constitution contains the Supremacy Clause, which reads, "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." This effectively means that when the laws of the federal government are in conflict with the laws of a state's government, the federal law will supersede the state law. 

Article I, Section 8

Article I, Section 8 of the Constitution describes specific powers which belong to the federal government. These powers are referred to as enumerated powers. 

Tenth Amendment

The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. Among other powers, this includes creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government. These powers are referred to as reserved powers. 

Concurrent Powers

Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts

States Without A Front Plate Law

Every state requires at least a rear license plate, but as previously mentioned, there are 19 states that do not require a front plate. These states are:

Alabama Arizona Arkansas Delaware Florida Georgia Indiana Kansas Kentucky Louisiana Michigan Mississippi New Mexico North Carolina Oklahoma Pennsylvania South Carolina Tennessee West Virginia

Suggested video:

https://www.learner.org/courses/democracyinamerica/dia_3/dia_3_video.html