Download Chapter 4 Federalism

Chapter 4
Federalism
Chapter 4
Section 1
Powers and Responsibilities
Pages 67-71
Objectives
• 1. List the powers given to the federal
government and to the state governments by the
Constitution.
• 2. List the powers denied to the federal
government and to the state governments by the
Constitution.
• 3. Identify the responsibilities that the federal
and state governments have to each other.
• 4. Describe the courts’ role in the federal system.
Activity
• I will divide you into small groups.
• Choose one person to come forward to get
paper and three different color markers.
• Each group will define the following terms on
their paper.
• Expressed
• Implied
• Inherent
Directions
• In your group identify examples in your own lives in
which you have had either expressed permission,
implied permission, or inherent ability to do
something.
• Write your ideas on the paper using a different color
for each of the three examples.
• Each group will share from its paper and discuss the
reasons for placing each example under the category.
• In this section you will learn what powers and
responsibilities the federal and state governments are
given or denied by the Constitution.
Powers of the Federal Government
• The U.S. government is has three types of
powers: expressed, implied, and inherent.
• Powers are in the Constitution, while some are
simply those exercised by any government of a
sovereign country.
• Expressed:
• Legislative, Article 1, Section 8, issuing money,
collecting national taxes, borrowing money,
paying government debts, regulating trade with
states and foreign governments, declaring war,
and raising and maintaining armed forces.
• Article II: president the power to command
the armed forces and to direct relations with
governments of other countries.
• Article III: judicial branch the power to decide
several kinds of cases, concerning the
Constitution, federal laws, and treaties.
• Federal courts may also rule on cases involving
the U.S. governments, certain foreign officials
in the U.S., and disputes among the states.
Implied Powers
• Not all powers of the federal government are expressly
listed in the Constitution.
• Implied powers: are suggested by the expressed
powers.
• Article I, Section 8: gives Congress the power “to make
all laws which shall be necessary and proper”
• Elastic Clause: “necessary and proper” clause allows
Congress to extend its authority in ways not specifically
granted or denied by the Constitution.
• Example: Sixteenth Amendment –power to establish
and collect taxes on incomes. Implied Congress to
establish IRS actual tax collecting.
Inherent Powers
• Inherent powers: powers naturally belong to
any government of a sovereign country. These
powers are not mentioned in the Constitution.
These powers are about foreign affairs,
international agreements, including new
territory. Examples: citizenship, immigration
Powers of State Governments
• Reserved powers: powers reserved for the states. These
powers are not mentioned in the Constitution.
• Tenth Amendment: Powers that the Constitution does not
give to the federal government nor specifically forbid to the
states “are reserved to the states…or to the people.”
• States’ reserved powers are the authority to establish local
governments, create public schools, and enact criminal and
civil laws. Pass laws promoting public health and safety,
regulating business within their borders, and requiring
licenses to work in various professional occupations.
[doctors, lawyers, hairdressers]
Concurrent Powers
• Concurrent Powers: Constitution neither
grants exclusively to the federal government
nor denies to the states.
• Example: establish court systems, make and
enforce laws, collect taxes to pay the costs of
governing , and borrow and spend money.
Limits on Federal and State Powers
• The Constitution limits powers of the different
levels of government.
• Powers denied to the federal government,
some only to the states, and both levels of
government.
Powers Denied to the Federal
Government
• Article I, Section 9: powers denied to the federal
government. [example: federal government may not tax
exports, pass laws favoring the trade of one state over
another, or spend money unless authorized to do so by
federal law.]
• Federal government may not exercise powers that are not
mentioned or implied in the Constitution or inherent to the
governments of all countries. [example: establish a
monarchy]
• Federal government cannot exercise powers that are
reserved for the states, may not pass laws that threaten the
federal system established by the Constitution.
Powers Denied to the States
• Article I, Section 10: powers denied to states.
[example: state may not issue its own money,
make a treaty with a foreign government, or
go to war unless invaded or authorized to do
so by the federal government, states cannot
manage trade with other states or foreign
countries without Congressional approval.
Powers Denied to Both Levels
• Constitution denies some powers to both the
federal government and the states. [example:
deny people accused of crimes the right to
trial by jury. The Constitution forbids the
federal government and the states from
granting titles of nobility.
Responsibilities
• Federal system created by the Constitution,
notes the responsibilities that the federal
government and the states have to each other.
• Federal Responsibilities: federal government
has three main responsibilities regarding the
states: 1. making sure that the states have
republican governments, 2. protecting the
states from violent actions, 3. respecting the
states’ territories.
• First, federal government must ensure that all states have
republican government. Republican is not defined in the
Constitution, it has been interpreted to mean
representative government. State’s representatives and
senators to be in Congress, federal government recognizes
that state’s government is legitimate.
• Second, responsibility of federal government is protecting
the states from violent actions, foreign invasions. The
founding fathers made the federal government responsible
for protecting the states. A attack on the states is an attack
on the United States.
[example: 1992-violent rioting in Los Angeles, federal troops
were sent to help; 1996-help during natural disasters]
• Third: federal government to guard the states’
territorial rights.
Article IV, Section 3-Constitution states no new
states may be formed from the territory of
other states without the approval of both
states concerned and Congress.
• State Responsibilities: states have responsibilities to
the federal government.
• Establish boundaries for districts from which members
of the House of Representatives are elected. States set
rules for electing members of Congress and choosing
presidential electors and pay the costs of running
elections-[example: printing the ballots and setting up
voting locations]
• National Guards are maintained by states and may be
called by the governor or federal government during
emergencies. [ U.S. airports after 9/11]
Activity
•
•
•
•
•
•
I will divide you into six groups.
I will assign each group:
Expressed
Implied
Inherent
For each pair of groups with the same topic
have one group cover the federal role and the
other cover the states’ role.
• Your group will make a poster depicting the
powers given to the level of government you
are assigned.
• Your groups are to use your creativeness,
magazine resources, paper, and markers in the
classroom.
• Each group will display and discuss the powers
listed on your groups poster.
The Courts and the Federal System
• The founding fathers knew that conflict would emerge
between the federal and state governments. States may
pass laws that conflict with those passed by the federal
government.
• Article III: Constitution gives the judicial branch the
authority to hear cases involving the Constitution, U.S.
laws, and disputes among states.
• The judicial branch acts as a referee between the federal
government and the states. [referee makes decisions
based on rules that participants have agreed to follow] In
our federal system, the Supreme Court-makes decisions
based on the rules listed in the Constitution. By agreeing to
the rules, states recognized the Constitution is the highest
authority in disputes with the federal government.
• Article VI: power of the federal government is
superior to the power of state governments.
Supremacy Clause: declares the Constitution,
federal laws, and treaties made by the federal
government are “the supreme law of the land.”
• McCulloch vs. Maryland-1819, the Supreme Court
ruled that the state of Maryland could not tax the
Bank of the United States. If the states had the
power to tax any part of the federal government,
they would be superior to it, which would be
unconstitutional.
Activity
• I will divide you into groups of three.
• Two members of the group are to play games of tic-tactoe and the third member should act as the referee.
• The rules of game are standard but that certain special
rules apply, such as no touching of the table or desk
when it is not a player’s turn, no saying words with
more than one syllable, no looking at other teams, and
no touching one’s own face. The referees are to watch
for any violations and record occurrences on a piece of
paper.
• Discuss the similarities between the referees in their
games and the role of the courts in the federal system.
• Remember both the game and the courts are
based on interpreting certain rules.