Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the...
-
Upload
berenice-cox -
Category
Documents
-
view
213 -
download
0
Transcript of Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the...
![Page 1: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/1.jpg)
Constitution #
The Shrinking 10th Amendment
![Page 2: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/2.jpg)
Quick Review1. This type of government gives the majority
of the power to the states.2. This type of government shares power
between the nation and the states.3. This compromise created a bicameral
Congress which satisfied both large and small states.
4. These powers are given to the states.5. These powers are shared by both the
nation and the states.
![Page 3: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/3.jpg)
Federalism is the of power between the
and the .
![Page 4: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/4.jpg)
McCullough v. Maryland (1819)
• This court case determined that this clause: of the Constitution allows for Congress to stretch its powers beyond what is written in the Constitution. (aka loose constructionist)
![Page 5: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/5.jpg)
Gibbons v. Ogden (1824)
• Ferry between New Jersey & New York
• Gibbons received a license from the federal gov
• Ogden received one from NY
• Who gets it?
• Constitution gives Congress the power over interstate commerce (trade between states) thus Gibbons wins!
![Page 6: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/6.jpg)
Dual Federalism
• Aka layer cake
• Separate powers for state and national governments
• Allows states to make many of their own decisions without federal interference
![Page 7: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/7.jpg)
Examples of Dual Federalism
• Allows businesses to create monopolies, low wages, etc.
• Plessy v. Ferguson (1896)– Plessy: 1/8 black, sits in white compartment of
a train, arrested, convicted– States could allow for “separate but equal”
facilities
![Page 8: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/8.jpg)
National Government Fights Back!
• FDR & his New Deal begin to challenge states’ rights by creating new federal laws such FDIC (bank insurance)
• Cooperative Federalism: Federal & state governments work together (who has the power when is not always clear)
• AKA marble cake
![Page 9: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/9.jpg)
Heart of Atlanta Motel v. U.S. (1964)
• If you own your own business can you refuse the right to serve any one you want?
• An owner of hotel in Georgia says YES!
• The federal government passed a law that says – businesses cannot discriminate
• Who’s right?
• Page 315
![Page 10: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/10.jpg)
And the winner is…
• Congress:– Commerce clause: Congress can make rules
affecting any kind of commerce between 2 or more states
– If you know hotels in Georgia will refuse to serve you, you will not go, and your money will stay home thus affecting the economy of Georgia
![Page 11: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/11.jpg)
So, if…
• Congress can regulate any kind of commerce that crosses state lines, what does that include?
• What then can Congress NOT regulate?
• Does this leave Congress with ALL the power?
![Page 12: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/12.jpg)
Let’s see…
• U.S. v. Lopez (1995)
![Page 13: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/13.jpg)
Significance of Lopez
• Devolution: power returning to states from federal go – Commerce Clause: cannot encompass
everything– 10th Amendment: states do reserve some
powers
• Judicial Review: Power of courts over other 2 branches (checks & balances)
![Page 14: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/14.jpg)
FiscalFiscal (taxing & spending) Federalism
• Sharing of federal monies (revenue – money coming in via taxes) with states– A way to ensure that states comply with
federal laws
![Page 15: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/15.jpg)
Grants-in-Aid
• Money given to states for the following reasons:
1. Revenue: states need money
2. Minimum National Standards– Civil Rights Act of 1964: Antidiscrimination laws
(Commerce Clause)
3. Equalize resources b/w rich and poor states
4. Solve national issues w/o federal agencies: let the states do it!
![Page 16: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/16.jpg)
Types of Grants-in-Aid1. Categorical Grants:
• Strict guidelines (states like least)• Matching funds• Ex: School Lunches
2. Block Grants:• Less strict, provides only broad guidelines
(states like)• Ex: Transportation funds• Ex: Welfare funds
![Page 17: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/17.jpg)
3. Revenue Sharing: • States receive a % of federal revenue• No guidelines – states really liked! • Ended in 1987
![Page 18: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/18.jpg)
Conditions of Aid (Rules Attached)
1. Mandate: states must obey
2. Unfunded Mandate: states must obey but are not given money to comply with order
• Americans with Disabilities Act (1990): ADA• Gideon v. Wainright (1964)
3. Cross-over sanction • Surface Transportation Act: highway monies and
drinking age (MADD)• Cannot enforce this law, only ask states to comply
and give them money if they do
![Page 19: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/19.jpg)
Is federalism a good idea?
• Fed– Different ideas from
states– Splits power – Doesn’t give too much
power to the nation– Factions don’t get
control (MADISON!! – States have a voice!
• Unitary – Avoids conflicts b/w
states & nations– States only carry out
laws – Same laws – not
confusing– Everyone is treated
equally
![Page 20: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/20.jpg)
Should the United States replace its current federal system with a
unitary form of government?
Yes or no? Give 3 reasons for your
answer.
![Page 21: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/21.jpg)
Essay Time: Is a federal system of government
better than a unitary system of government ?• Reminders:
– Include a thesis• Due: at end of period
– 5 Paragraphs: Intro, 3 Body, Conclusion
– Use your writing handbook (Online at Leuzinger’s website)
– Avoid abbreviations!
![Page 22: Constitution # The Shrinking 10 th Amendment. Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government.](https://reader035.fdocuments.us/reader035/viewer/2022062717/56649e4c5503460f94b41503/html5/thumbnails/22.jpg)
Intro’sIntro’s • How to start an essay:
– Questions = good but don’t use the same question as the essay top
– Essay topic = Should minors receive the death penalty?
• Don’t start with this question BUT say instead…Why is that the United States is one of the few countries in the world that executes its young people?
– Include topic and a hint at your opinion in the opening statement or question
– Intro’s should be 3-4 sentences BEFORE your thesis - which should be only 1 sentence