Federalism A

Seating ArrangementFind your desk based on the card you were given.

L 12

A 1 D 4 H 8 M 13

B 2 E 5 I 9 N 14

C 3 F 6 J 10 O 15

G 7 K 11 P 16

U.S. Constitution Quiz

Tell how long it took you to complete the Constitution Packet

Today we will ….Objectives: • Compare Constitutional

principles of the AP6.• Distinguish between federal

enumerated, federal implied, state reserved and powers denied to both in the U.S. Federal system.

• Identify tension inherent in federalism as illustrated in SC cases.

Agenda: 1. Quiz2. Comparative

Constitutions3. Designing a Gov

questionnaire4. Federalism Defined5. Comparative Systems6. Supreme Course Briefs

Clarifications…• Direct representation is done by the people through

elections to enact their will. Indirect representation is where the people's will is interpreted by elected officials and they vote the way they feel the people wish.

• Habeus corpus - Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful.

• U.S. Senate: Reference Home > Frequently Asked Questions about a New Congress

Federalism1. What is it?2. What must the Federal government provide

for the people and the states? (enumerated & implied)

3. What powers are reserved to the states?4. What are guarantees that states have to give

to other states?5. What powers are denied to both?

The Grasshopper and Ant explain federalism - YouTube

What is Federalism?Federalism is a political system where local units of government, as well as the national government, can all make final decisions with respect to some governmental action

Original Division of Power

Power was divided between Nation & states …• Enumerated Powers (exercised by National

government) & Supremacy Clause• Reserved Powers for states• Provisions giving states role in the composition of

the National government• Powers Denied to Both

Federal Government Guarantees

• “republican form of government”• Protection against foreign invasion• Protection against domestic insurrection, if

requested

Positive and Negative Aspects of Federalism

Positive• Governmental strength,

political flexibility, individual liberty is protected

• Regions can begin progressive policies - may gain national support

• Larger political unit - less likely to be dominated by a single political faction

Negative• States block action• Prevent progress• Upset national plans/ policy• Protect powerful local

interests• Cater to self-interest of

“hack” politicians• Perpetuate racism

Enumerated & Implied Powers of the Fed

• Enumerated– Article I, Section 8 17 specific grants of power

• Implied– “Necessary & Proper” Clause – Power “to make all laws which shall be necessary

and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States or in any department or officer thereof.”

– Ex: Military draft, minimum wage

The Supremacy Clause

• Where is it ??• The Constitution is the supreme law of the land. • If a state law or constitution contradicts a

constitutional federal law, state judges are required to uphold the federal law & overturn the state law.

• McCulloch v Maryland & Gibbons v Ogden

Principle of Nullification• States have the right to declare null and void a

federal law that they believe violated the Constitution

• Virginia Kentucky Resolutions• Civil War ended idea of nullification. Some

scholars claim Civil War was fought for state’s rights.

Check for Understanding

• Look back through your notes, which federal powers do you view as a for federalism?

• Which powers/principles do you view as for federalism?

Powers Denied to the States

• To Abridge Individual Rights• To Coin Money• To Enter into Treaties w/ Foreign Nations• To Interfere w/ “obligations of contracts”• To Levy Taxes on Imports & Exports• To Engage in War

How should states deal with each other?

• Full Faith and Credit• Privileges and immunities???• Extradition (Article IV, Sec. 2)

States’ Role in National Government

• Apportionment of the House of Representatives & # of Reps

• State Legislatures’ draw House Districts• Equal Senate representation• Electoral College• Ratification of proposed Amendments

Powers Reserved to the States

10th Amendment: “the powers not delegated to the United States … are reserved to the states respectively, or to the people.”

• Property & Contract Law• Criminal Law• Marriage & Divorce• Provision of Education,

Highways, & Social Welfare

• Organization & Power of Local Governments

• Concurrent Power to Tax & Spend

Powers Denied to Both• To Deny “Full Faith & Credit”• To Deny “Privileges & Immunities”• To Refuse “Interstate Rendition”• To Enforce Bills of Attainder• To Pass Ex Post Facto Laws• To Suspend Habeas Corpus• Grant titles of nobility

Check for Understanding

• Look back through your notes, which federal powers do you view as a for federalism?

• Which powers/principles do you view as for federalism?

COMPARATIVE FEDERALISM

Federal vs. Unitary

Federal• Mexico• Russia• Nigeria

Unitary• Iran• UK • China

Federal v Unitary System

• What are the benefits and challenges of a federal versus a unitary government?

• http://www.youtube.com/watch?v=OsAU_nO7s2Q

• Unitary: High level of centralization– Benefit: Uniformity in laws– Weakness: disregard local differences/ needs

• Federalism: Medium level of centralization– Benefit?– Weakness?

China - Unitary• The majority of power is in the party, which controls the National government.

• Gov. was originally based on the idea of Democratic Centralism, but becoming more federal in recent years– To increase accountability of local leaders– Legitimacy– SEZ: Special Economic Zones opened to foreign

investment– 22 provinces, 5 autonomous regions, 4 centrally

administrated municipalities and 2 special admin regions (Hong Kong and Macao)

Russia: Asymmetrical Federalism

• Federal-Some regions are stronger than others, so power is Devolved Unequally across the Country (asymmetric federalism).

• Central government chooses regional governors, governors choose representatives in the upper house

• Current regime contains 89 regions/ republics– 6 levels of autonomy

SUPREME COURT CASES

Supreme Court CasesCheck for Understanding– What provisions of the Constitution has the

federal government used to increase it’s power?

Federalism CLOSURE

• 3: Limits on government in the Constitution

• 2: Powers the Federal government has.

• 1: Question or Comment.

• Federalism B Questions• Federalism in

Legislation - review laws to prepare for activity next block

• Next Block: Quiz on Federalism A & B