Chapter 4 Section 1 Notes

National and State Powers

Poll Me Now▪ What are the three types of

systems of government? Correct Incorrect

Class 1 0 0

Class 2 0 0

Class 3 0 0

Unitary System▪ Unitary System: a state governed as one unit, where the central

government is supreme.

▪ Local Governments only have powers granted to them by the central government, rather than any reserved powers. - Reserved Powers: Powers that are given to the state of the people, not the federal government.

▪ In a unitary government the federal government possesses most of the power. - Example: Great Britain

Political Cartoon: Unitary Government

Answer questions #11-15 using this political cartoon

Draw your own political cartoon in the box under #15.

-You may use Google-Must be about unitary government

A Confederate System• Local governments protect their authority by forming

a weak central government. Example: The United States briefly had a confederate government established by the Articles of Confederation.

• In the E.U. (European Union) each country has power within the system, although there is an E.U. parliament and other institutions set a common European policy.

Articles of Confederation- document signed by 13 colonies and established the U.S. as a confederacy, sovereign state and served as the 1st Constitution.

Confederate System Diagram

A Federal System• Divides power between

the national and the lower level courts - Usually a constitution allocates duties, rights, and privileges to each level of government.

• Each government has distinct powers that the other governments cannot override. - Australia, Brazil, Canada, The United States

Political Cartoon: Federal System

1. Who does the tall man represent?

2. Who does the short man represent?

3. What is happening?

4. What are some disadvantages under a federal system?

5. Do the advantages of federalism outweigh the disadvantages? Explain

Your text here

Why Federalism? • The authors of

the Constitution

wanted to

combine a strong

central

government with

strong states to

maintain social

order• The large geographical size of a country

Stategovtshave served as a training groundsfornationalpoliticians.

• Federalism allows for many political subcultures

The Flow of Power

Powers of the National Government• Enumerated Powers: Powers listed in Article I

Section 8 of the Constitution. • Implied Powers: Allows the national government to make decisions that fall outside the expressed powers.

- Just because it is not stated in the Constitution doesn’t mean the National Convention can’t express its importance.

• Inherent Powers: Powers held by a sovereign state.

-In the U.S., the President derives these powers from the loosely-worded statements in the Constitution.

- Example: "the executive Power shall be vested in a President" … and

the president should "take care that the laws be faithfully executed"

Powers of the National Government

Example: Inherent PowersEnforcing (not Enforcing) the Law▪ An inherent power of the president is the

ability to determine how often a law is enforced.

- Example: President Obama's decision to not deport children who have lived in the United States most their lives, but were brought illegally by their parents at a young age.

-Obama issued this executive order after Congress stalled on passing the Dream Act, a bill that would allow undocumented child immigrants to be able to study in American universities.

▪ The president cannot make immigration laws. (Congress Responsibility) But the president is in charge of enforcing the immigration laws.

- The Obama administration said that children of a certain age will not be deported while attending a university.

In other words, Obama is not going to enforce the existing immigration law against these children. Officially, Obama is not offering them a path to legalization, but the idea is that such students will earn special training that will qualify them for an employment visa.

Necessary and Proper Clause• The Necessary and Proper Clause can be

interpreted in two different ways:

- Strict Constructionist: Congress makes a law only if the inability to do so would ‘cripple’ its ability to apply one of its enumerated powers.

- Loose Constructionist: Congress can expand its authority to all areas.

- The Necessary and Proper Clause is known as the “elastic clause” because of the great amount of leeway in interpretation it allows. It can be “stretched” to expand the powers of Congress, or allowed to “contract,” limiting Congress.

McCulloch vs. Maryland Example of Necessary and Proper Clause in United States was McCulloch vs. Maryland

in 1819. - The United States Constitution says nothing about establishing a national bank.

- However, the national government provided a national bank that provided part of the governments income.

- In 1819, the federal government opened a national bank in Baltimore, Maryland.

- Maryland’s state government tried to tax the bank in order top drive it out of business. (James William McCulloch refused to pay the tax)

- The Supreme Court ruled that establishing a national bank could be done even if it was not listed in the Constitution.

Necessary and Proper Cartoon

- According to the Cartoon, does this judge agree with Maryland trying to destroy a National bank in their state?

- Why does the state of Maryland want to destroy the national bank?

- How do you feel?: Do you think building a national bank is necessary and proper to the development of the United States?

Powers of State Governments In addition to their exclusive powers, both the

national government and state governments share the power of being able to:

- Collect taxes.- Build roads.- Borrow money.- Establish courts.- Make and enforce laws.- Charter banks and corporations.- Spend money for the general welfare.

Concurrent Powers

What are Concurrent Powers?

Concurrent Powers DiagramMake your own graphic organizer?

Supremacy Clause Article VI of the Constitution mandates that actions by the

national government are supreme.

Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

This makes the actions and treaties of the United States paramount to those of the states.

Supremacy Clause CartoonSupremacy Clause (Article VI): State that “this Constitution, and the laws of the United States… and all treaties made …. under the authority of the United States, shall be the supreme law of the land…”

To the left is a political cartoon of Gibbons v. Ogden, the case where the supremacy clause was established.

Interstate Relations• Article IV of the Constitution attempts to resolve

potential problems between states by…

- Full faith and credit clause-states must honor actions of other states.

- Interstate extradition

- Interstate concepts

- Privileges and immunities.

Interstate Relations Cartoon

1. What do the men in this picture represent?

2. What are the men trying to do?

3. How are the men in this picture achieving their goal?