Chapter 4The Federal System

How does the overall power of the national government compares to that of the states?

Division of PowersThe Constitution divided government

authority by giving the national government certain specified powers, reserving all other to the states or to the people.

It has preserved the basic design of federalism.

Federalism is a dynamic/active relationship between levels of government.

National Powers

The Constitution grants three types of power to national government collectively known as delegated powers:

1- Expressed/enumerated powers: powers stated in the Constitution, found in Article I-III levy taxes, coin money , make war, raise an

army and navy, regulate commerce2- Implied Powers- The power to carry out

the expressed powersExample: the power to draft people into the

armed forces is implied by the power given to government to raise an army and navy.

National Powers cont.Article I, Section 8 makes provision

for implied powers. This is known as the elastic clause, the basis for implied powers, it allows Congress to stretch its powers.Ex: develop a space program

3- Inherent powers- powers gained simply by being a government. Ex: Control immigration and establish diplomatic relationships with other states.

The States and the NationDoes the Constitution grants too much power to the national government?James Madison argues the contrary, it grants limited powers to national government and many to the states.It also grants states reserved powers- strictly given and not stated in the Constitution. Ex. Regulation of public schools.

The States and the Nation cont. What happens when states exceed their

reserved powers conflicting with national government?Supremacy Clause- Article VI, Section 2,

makes the acts and treaties of the US supreme.State and national officials and judges are bound to the Constitution

Concurrent Powers- powers shared by the Federal and State Governments. Tax, maintain courts, define crimes,

appropriate property for public use

State and national officials and judges are bound to the Constitution, the Law of the

Land

Circuit Clerk Resigns rather than issue same-sex marriage licenses

State and national officials and judges are bound to the Constitution, the Law of the

Land

The States and the Nation cont.

Denied powers- Article I, Section 9 enumerates restrictions

to the national and state government: National/federal government Cannot tax

exports, cannot interfere with the ability of states to carry out their responsibilities

States cannot make treaties with foreign countries, cannot coin money, grant titles of nobilities

Must have congressional consent to collect duties on exports or make agreements/compacts with other states.

DIVISION OF FEDERAL AND STATE POWERS

Guarantees to the States

The Constitution obliges the national government to do 3 things for the states in Article IV, Section 3 and 4:Republican form of Government- Congress allows senators and representatives from states to take seats in Congress, it is in effect, ruling that the state has a republican form of government.

Extensive use of this guarantee came after the Civil War, some Southern states refused to the ratify Civil War amendment. They were not allow to take seat in Congress until they change their laws and recognized African Americans as citizens.

THINK ON THIS

Guarantees to the States cont. Protection- national government must protect

states from invasion and domestic violence. A attack by a foreign power on one state is considered and Attack on US. 1967, President Johnson sent troops to Detroit to

control racial unrest. National government has extended its definition on

domestic violence o include natural disasters On 911, New York was attacked, we went to war.,

Territorial Integrity- the national government has the duty to respect the territory of each state. Ex. It cannot use territory belonging to a state to

create a new state without consent of said state.

Admission of New States Congress admits new States- the territory

cannot be taken from another state unless the state and Congress consent to it. The President can veto it this decision.

The procedure is called enabling act- when signed by the president of US, allows a territory to prepare a constitution. Submitted to Congress, if it passes, the territory becomes a state.

Is W. Virginia a legal State? It was created from 40 western counties. Some argue that this admission to statehood of

W. Virginia was unconstitutional.

Admission of New States Is W. Virginia a legal State continued

Some argue that this admission to statehood of W. Virginia was unconstitutional because the Virginia legislature did not give consent.

Texas won independence from Mexico and eventually became a state in 1845.

Last two states admitted: Alaska and Hawaii, each adopted a proposed constitution bypassing the enabling act.

Puerto Rico possible statehood remains unsettled.

Admission of New States con. Conditions may be put on States-

Congress and the president of US may imposed conditions for admission of a state.Ex; Oklahoma, admitted in 1907, was

prohibited from moving its capital city of Guthrie until 1913. The Supreme Court ruled in their favor 1911.

Equality of the States once admitted-Once admitted into the Union, said state

shares equal privileges and control of its internal affairs.

The National Governors’ Association 1908- President Roosevelt assembled the

nation's governors for he 1st time to discuss conservation.

In the 1960s, the governors organized In the 1970s, the newly named NGA held

seminars to help Governors become more effective.

NGA supports federalism by helping governors in state policy making and influencing national policy.

States and Court roles States have 2 main obligations-

Voting Amendments

¾ of states approve them The Courts act as the umpire of our federal

system.Depending on the times

Early on it ruled for the statesIn then depression of the 1930s, it ruled for

the national government

FUN FACT:HOW DID THE TEDDY BEAR

GET ITS NAME?

Learning how the Constitution regulates interstate relations

Why is it important to you?Statistics show that Americans move an average of 6 times in their lives, mainly from state to state. If you move to a different state, how might laws differ?

Section 2: Relations Among the StatesArticle IV of the Constitution requires that all states do the following:

1. Full Faith and Credit- 2. Privileges and Immunities-3. Extradition-

Relations Among the States cont. 1. Full Faith and Credit- Each state must

recognize the laws and legal proceedings of the other states. Such as with a car registration given in another state. This applies only to civil law, or law relating to disputes between individuals, groups, or with the state.No safe haven States for criminals- states

cannot enforce the laws of another state. 2. Privileges and Immunities- Never

completely spelled out in the Constitution. One state cannot discriminate unreasonably with the citizen of another state. Waiting time for certain State Rights, such as with

college tuition. Out of state students pay more.

Relations Among the States3. Extradition- According to Article IV,

Section 2, a fugitive to the state must be delivered to said state. This now becomes a Federal Crime.

Interstate Compacts- Written agreements between two or more States.Settle differences without the use of force.Congress must approve them, there are

nearly 200 in force today.Most deal with natural resources and

hazardous material disposal.

Relations Among the States

Lawsuits between States- Only the Supreme Court can hear these lawsuits.Since 1789, more than 220 disputes

between states have ended in court. some were over territoryResources, such as water.

What three constitutional provisions are aimed at promoting cooperation amongst states?

1. Full Faith and Credit2. Privileges and Immunities3. Extradition

End of Section 2

What you do today can improve all your tomorrows.

--Ralph Marston

SECTION 3: Developing Federalism

Section objective: Examine the views of and growth of federalism

Alexander Hamilton

Tried to convince state leaders that the federalism of the new Constitution would better than the old confederation of the Articles.

Primary Source

Alexander Hamilton The Federalist Papers Federalist No. 9Categories: FederalismDate: November 24, 1787

“The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.”

Section 3: Developing Federalism Expansion of national government has come

at the expense of states. Why has the national government been able

to expand?The adaptability of the Constitution.

Congress, the president, and the Supreme Court have stretched the powers of national government to meet the needs of a modern industrial nation.

Three provisions of the Constitution have been applied:war powers, commerce power, taxing power

Section 3: Developing Federalism cont.

War Powers- The national government has been given the powers to wage war.

To create a defense system, the national government is active in education and in the economy to ensure national defense.

Commerce Power- it has grown through Supreme Court Cases and Acts. Civil Rights Act of 1964 expanded Federal

power.Prohibited racial discrimination in

restaurants, hotels, and other public accommodations claiming it restricted interstate commerce.

Section 3: Developing Federalism cont.

Taxing Power- Congress has no specific constitutional authority to pass laws to promote general welfare, but is can raise taxes and use the money for that purpose.The 16th amendment of 1913

gave Congress the power to levy (impose) income tax

tax on individual income has gained the national government major revenue placing it ahead of state and local government.

Federal Aid to the States

The Federal Government influences State and Local Governments in two ways:

Providing money through federal grants.Money given for specific purposes:

Ex. Airports runways, new roads

Imposing mandates or Preemption Laws- take away local governments ability to make their own policies.Ex. 1990 Nutritional Labeling and

Education Act

Federal Aid to States

Preemption Laws can:restraint states- requirement are set

by congress that prohibits local government from exercising a certain power,

mandates states to meet minimum Federal standardsEx. Disabilities Act—build ramps and

alter curbs on sidewalks

Section 4: Federalism and Politics

Define the term policyA policy is a stated course of action for

addressing certain problem s or issues.When the government settles on a course

of action we call it public policy.Federalism influences public policies in:

how and where policies are madeIt places certains limits policy making

Section 4: Federalism and Politics

US has many units of governments—50 states and thousands of local governments.This allows for a testing ground on

public policies- States become labs for federal programs and laws.E.g. Georgia was the 1s to allow 18-

year-olds to vote.

Section 4: Federalism and PoliticsSunset laws- a provision in a law that

sets an automatic end date for the law. Lawmakers must review the need for continuing the law beyond its end date. Started in Colorado and was adopted by

many states.Sunshine laws- in 1967 Florida

legislators pass this law which prohibited public officials from holding closed meetings.

Federalism and Political Parties

Rival political parties are a key of democratic government.Federalism lessens the risk of one party

monopolizing political power.One party dominates the White House

but may not dominate at the State and Local level.E.g. between 1952-2000, Democrats

controlled the White House only 5 of 14 presidential terms, but controlled congress most of the time.

Political Participation

Federalism increases opportunities for Americans to partake in politics.A citizen can run for local office, lobby

for state government, or campaign for national office.

American federalism gives citizens many points of access to government leaders and increases their opportunities for influencing public policy.

Direction of FederalismSince the founding of this country there

has been an issue regarding the division of power between national governments and the states.

Over the years, the general tendency is in favor of national government.

The powers balance is contently evolving

Democrats support national government Republican favor states and local

authorities

Tipping the scales…What do you prefer?

Chapter Activity: Making it relevant

Chapter Activity cont.School Testing

When governors and state school officials released the Common Core curriculum standards four and a half years ago, the new program was touted as a fair and accurate way to measure student achievement across state lines and cultivate the analytical skills that many argue American children will need in order to compete on a global scale.

But the past year has seen a growing pushback against the standards, and as students begin taking tests based on the core curriculum this spring, lawmakers at the state and federal level will likely be talking about chipping away at them.

Although the standards were created almost entirely by the states, critics see them as reflecting priorities set out by the Obama administration. Incoming Senate Republican leaders aim to limit the federal government’s role in promoting test-based accountability and also challenge the frequency of the tests, an issue that concerns even prominent Democrats.

The Common Core is a list of things students at each grade level should know or be able to do in English and math. The standards attracted little controversy at first, as 45 states quickly adopted them. But the federal government has played a role in the program’s implementation. It has offered grant money and reprieves from earlier education mandates to those states that install Common Core or other “college-and-career-ready” standards. The Department of Education has given hundreds of millions of dollars to state associations designing standardized tests that the students in participating states will take starting this year.

Chapter Activity cont.Those tests have to hew closely to the standards to be useful, and the standards have to be relatively uniform to help policymakers get a sense of how their students stack up with those in other states. But over the past year or so, 11 states have decided to use tests of their own, while another 13 are considering that option, according to Education Week. That’s not counting the handful of states that went further last year and repealed the standards altogether.

There’s a strong possibility more states will strike out on their own in 2015, either before the tests can be given, or later, in response to lower test scores that will likely accompany the more challenging standards in their first year. As support for Common Core continues to splinter and states assert their independence, the coming year will be an important test of the new system’s political viability.

And while officials are keeping one eye on the first year of Common Core test scores, they’ll be training the other eye on Capitol Hill. Sen. Lamar Alexander of Tennessee, a leader among Republicans on education issues, has already said he wants to amend the 2001 No Child Left Behind law to leave states free to decide how they evaluate teachers. Alexander also wants to consider eliminating some annual testing. That’s an idea that’s caught on in states as varied as Texas, a stronghold of test-based accountability, and Connecticut, where Gov. Dannel Malloy wants to start by relieving high school juniors of the burden of taking both state exams and college entrance tests. -- Chris Kardish

http://www.governing.com/topics/politics/gov-issues-to-watch-2015.html

Chapter Activity cont.

Chapter Activity cont.

This week’s activity is aimed to teach you to do research, the topic is school testing:

We look at different sources:Media coverage (news)JournalsStatistical demographics

We extract the key terms from text We compare, organize, followed

the line of reference, and come up with a conclusion as to what has been learned.

We then write about it.