Download Federalism - Balance Between Federal and State

Federalism - Balance Between Federal and State
While the constitution continues to be read, and its principles known, the
states, must, by every rational man, be considered as essential component
parts of the union; and therefore the idea of sacrificing the former to the
latter is totally inadmissible. - Alexander Hamilton
Enumerated Powers of the Federal Government (Expressed Powers)
Article
1
Section
Clause
What It Says
What It Means
1
The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the
common Defence and general Welfare of the
United States;; but all Duties, Imposts and
Excises shall be uniform throughout the
United States
Only Congress has the power to tax on
imports or products made within the United
States. These taxes are to be used only to
pay for the nation’s debts, defense, and
common welfare. All taxes will be the same
within the borders of the U.S. (You cannot
tax one area more than the other)
2
To borrow Money on the credit of the United
States
Only Congress can borrow money against the
Credit (Name/Standing) of the United
States.
3
To regulate Commerce with foreign Nations,
and among the several States, and with the
Indian Tribes
Only Congress can regulate trade with other
nations, interstate trade, and with the
American Indian tribes.
4
To establish an uniform Rule of
Naturalization, and uniform Laws on the
subject of Bankruptcies throughout the
United States
Only Congress can regulate how immigrants
can become U.S. citizens.
5
To coin Money, regulate the Value thereof,
and of foreign Coin, and fix the Standard of
Weights and Measures
Only Congress has the power to coin money
and determine its value and how it is valued
against foreign currencies. Only Congress
can determine with system of weights and
measures.
6
To provide for the Punishment of
counterfeiting the Securities and current
Coin of the United States
Only Congress can determine how
counterfeiters should be punished.
7
To establish Post Offices and post Roads
Only Congress can create post offices and
roads used for postal delivery.
8
To promote the Progress of Science and
useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to
their respective Writings and Discoveries
In order to provide the advancement and
protection of creativity, innovation and
invention, Congress will create copyright
and patent laws.
9
To constitute Tribunals inferior to the
supreme Court
Congress has the power to create federal
courts that are lower than the Supreme
Court.
8
®SAISD Social Studies Department
Page 1
Reproduction rights granted only if copyright information remains intact.
Federalism - Balance Between Federal and State
Enumerated Powers of the Federal Government (Expressed Powers)
Article
1
Section
8
Clause
What It Says
What It Means
10
To define and punish Piracies and Felonies
committed on the high Seas, and Offenses
against the Law of Nations
Only Congress can define the policies and
punishments for those who commit piracy at
sea and/or break international law.
11
To declare War, grant Letters of Marque and
Reprisal, and make Rules concerning Captures
on Land and Water
Only Congress can declare war, tell the armed
forces to cross international borders, and
create rules on capturing people/property.
12
To raise and support Armies, but no
Appropriation of Money to that Use shall be for
a longer Term than two Years
Only Congress can raise and pay for the army.
Monies used for the armed forces have to be
renewed at least every 2 years.
13
To provide and maintain a Navy
Only Congress can raise and pay for the navy.
14
To make Rules for the Government and
Regulation of the land and naval Forces
Only Congress has the power to make the
regulations for the armed forces and the
government.
15
To provide for calling forth the Militia to
execute the Laws of the Union, suppress
Insurrections and repel Invasions
Only Congress can call up the militia of the
states to enforce national laws, fight against
any rebellion, and fight against foreign
invasions.
16
To provide for organizing, arming, and
disciplining, the Militia, and for governing such
Part of them as may be employed in the
Service of the United States, reserving to the
States respectively, the Appointment of the
Officers, and the Authority of training the
Militia according to the discipline prescribed by
Congress
Only Congress can organize, provide weapons
for, and discipline state militias. Congress can
also govern state militias when they are in the
service of the federal government. Each state
retains the power to appoint officers in the
state militia and train their militia according to
federal guidelines.
17
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding
ten Miles square) as may, by Cession of
particular States, and the Acceptance of
Congress, become the Seat of the Government
of the United States, and to exercise like
Authority over all Places purchased by the
Consent of the Legislature of the State in
which the Same shall be, for the Erection of
Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings
Congress determines the laws for the federal
district/seat of government. The size of the
federal seat of government is set to 10x10
square miles. The federal district will have the
right to create storage for weapons/
ammunition and have the power to build docks
and other buildings that are necessary.
18
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.
Congress will have the power to create all laws
that are needed to carry out the listed powers
and all powers provided by the Constitution.
®SAISD Social Studies Department
Page 2
Reproduction rights granted only if copyright information remains intact.
Federalism - Balance Between Federal and State
Implied Powers of the National Government
(Necessary and Proper Clause or the Elastic Clause)
Article
1
Section
8
Clause
What It Says
What It Means
18
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.
Congress will have the power to create all laws
that are needed to carry out the listed powers
and all powers provided by the Constitution.
Inherit Powers
Article
Section
Clause
P
What It Says
What It Means
We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defence, promote the general
Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the United States
of America.
The basic purposes for the federal government
is to provide for the well being of the people
and defend the nation against internal and
external threats.
The Preamble list out the inherit powers of a
sovereign nation and government in order to
protect itself and its citizens.
Supremacy Clause
Article
6
Section
1
Clause
What It Says
2
This Constitution, and the laws of the United
States which shall be made in pursuance
thereof; and all treaties made, or which shall
be made, under the authority of the United
States, shall be the supreme law of the land;
and the judges in every state shall be bound
thereby, anything in the Constitution or laws of
any State to the contrary notwithstanding.
What It Means
The Constitution is the supreme law of the
United States. The laws and treaties made by
the federal government override the laws of
the states.
The judicial systems of the states have to
abide by federal statutes and decisions.
Commerce Clause
Article
1
Section
8
Clause
What It Says
What It Means
3
To regulate Commerce with foreign Nations,
and among the several States, and with the
Indian Tribes
Only Congress can regulate trade with other
nations, interstate trade, and with the
American Indian tribes.
®SAISD Social Studies Department
Page 3
Reproduction rights granted only if copyright information remains intact.
Federalism - Balance Between Federal and State
Prohibited Powers (Congress cannot…)
Article
1
Section
Clause
What It Says
What It Means
1
The Migration or Importation of such Persons as
any of the States now existing shall think
proper to admit, shall not be prohibited by the
Congress prior to the Year one thousand eight
hundred and eight, but a Tax or duty may be
imposed on such Importation, not exceeding
ten dollars for each Person.
The import of slaves into the United States
cannot be regulated by Congress until 1808.
Congress can place an import tax of no more
than $10 per imported person.
2
The Privilege of the Writ of Habeas Corpus shall
not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may
require it.
Congress cannot suspend the right to appear
before a judge before being imprisoned except
for cases of rebellion, invasion, or extreme
cases in the interest of public safety.
3
No Bill of Attainder or ex post facto Law shall
be passed.
Congress cannot create laws that create guilt
of a person without a trial or a law that makes
someone guilty for doing something illegal
after it was legally done before.
4
No Capitation, or other direct, Tax shall be
laid, unless in Proportion to the Census or
Enumeration herein before directed to be
taken.
Originally, it was illegal to tax the people
directly unless it was in proportion to the
population of a state as according to the
national census.
The 16th Amendment gives the federal
government power to create an income tax
without worrying about apportionment.
5
No Tax or Duty shall be laid on Articles
exported from any State.
Taxes on interstate trade is illegal.
6
No Preference shall be given by any Regulation
of Commerce or Revenue to the Ports of one
State over those of another: nor shall Vessels
bound to, or from, one State, be obliged to
enter, clear, or pay Duties in another.
All ports (points of trade especially on large
bodies of water) in the United States will be
treated the same in regulation and in taxation.
Goods transported from state port to other
state ports cannot be taxed.
7
No Money shall be drawn from the Treasury, but
in Consequence of Appropriations made by
Law;; and a regular Statement and Account of
the Receipts and Expenditures of all public
Money shall be published from time to time.
Money in the Treasury of the United States can
not be spent on anything except for what
Congress determines. Congress is required to
publish the financial records showing the
income and expenditures of the nation.
8
No Title of Nobility shall be granted by the
United States: And no Person holding any Office
of Profit or Trust under them, shall, without
the Consent of the Congress, accept of any
present, Emolument, Office, or Title, of any
kind whatever, from any King, Prince, or
foreign State.
The United States cannot grant titles of
nobility. (Such as king, prince, duke…)
Those who are in the service of the United
States government cannot accept gifts/money/
jobs/titles from any foreign ruler or nation.
9
Powers of the States (Reserved Powers)
Article
10A
Section
Clause
1
What It Says
What It Means
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
Powers not specifically granted to Congress are
reserved for the states.
®SAISD Social Studies Department
Page 4
Reproduction rights granted only if copyright information remains intact.
Federalism - Balance Between Federal and State
Regarding States and Territories
Article
Section
Clause
What It Says
What It Means
Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial
Proceedings of every other State. And the
Congress may by general Laws prescribe the
Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect
thereof.
Full Faith and Credit Clause explains that
states have to respect the laws of the other
states (universal understandings such as if you
have a drivers license in Texas, you are allowed
to drive in the other states as well)
1
The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the
several States.
The citizens of each state will have equal
protection and rights as their fellow citizens in
other states.
2
A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from
Justice, and be found in another State, shall on
Demand of the executive Authority of the State
from which he fled, be delivered up, to be
removed to the State having Jurisdiction of the
Crime.
If a criminal from one state crosses state
boundaries, the other states are obliged to
return the criminal to his or her state of origin.
3
No Person held to Service or Labour in one
State, under the Laws thereof, escaping into
another, shall, in Consequence of any Law or
Regulation therein, be discharged from such
Service or Labour, but shall be delivered up on
Claim of the Party to whom such Service or
Labour may be due.
If a slave leaves one state, he or she is not
considered to be free from slavery and has to
be returned to place of origin. (Removed by
the 13th Amendment)
1
New States may be admitted by the Congress
into this Union; but no new State shall be
formed or erected within the Jurisdiction of
any other State; nor any State be formed by
the Junction of two or more States, or Parts of
States, without the Consent of the Legislatures
of the States concerned as well as of the
Congress.
Congress has the power to create new states.
However, Congress cannot split states into
smaller states or join existing states to form
new states without the approval of all parties
involved.
2
The Congress shall have Power to dispose of
and make all needful Rules and Regulations
respecting the Territory or other Property
belonging to the United States; and nothing in
this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of
any particular State.
Congress has authority over all territories and
property belonging to the federal government.
The Constitution will change the existing
(1787) property of the federal and state
governments.
1
2
4
3
4
The United States shall guarantee to every
State in this Union a Republican Form of
Government, and shall protect each of them
against Invasion; and on Application of the
Legislature, or of the Executive (when the
Legislature cannot be convened), against
domestic Violence.
The federal government guarantees that every
state new and existing will have a republican
form of government.
The federal government will protect every
state from foreign invasion. By the request of
any state, the federal government will protect
that state from internal violence. The request
must come from the state legislator or (if the
legislator is not in session) the state governor
can request help.
®SAISD Social Studies Department
Page 5
Reproduction rights granted only if copyright information remains intact.
Reserved Powers
Concurrent Powers
Expressed Powers
Federalism - Power Between Federal and State
®SAISD Social Studies Department
Page 6
Reproduction rights granted only if copyright information remains intact.
Federalism - Who Has the Power?
Coin Money
Regulate Foreign
Commerce
Determine a System of
Weights and Measures
Set Up a Postal System
Regulate Immigration
Provide For Public Safety
Declare War
Negotiate Treaties With
Foreign Countries
Protect the Public Health
Regulate Interstate
Commerce
Punish Counterfeiters
Guarantee Civil Rights and
Liberties
®SAISD Social Studies Department
Page 7
Reproduction rights granted only if copyright information remains intact.
Federalism - Who Has the Power?
Establish Courts
Levy and Collect Taxes
Regulate Intrastate
Commerce
Punish Lawbreakers
Establish Local
Governments
Provide Fire and Police
Protection
Borrow Money
Establish Schools
Regulate License
Requirements
Construct and Maintain
Roads
Regulate Marriage,
Divorce, and Adoption
Conduct Elections
®SAISD Social Studies Department
Page 8
Reproduction rights granted only if copyright information remains intact.
Federalism - Who Has the Power? - Key
Coin Money
Regulate Foreign
Commerce
Determine a System of
Weights and Measures
Set Up a Postal System
Regulate Immigration
Provide For Public Safety
Declare War
Negotiate Treaties With
Foreign Countries
Protect the Public Health
Regulate Interstate
Commerce
Punish Counterfeiters
Guarantee Civil Rights and
Liberties
Establish Courts
Levy and Collect Taxes
Regulate Intrastate
Commerce
Punish Lawbreakers
Establish Local
Governments
Provide Fire and Police
Protection
Borrow Money
Establish Schools
Regulate License
Requirements
Construct and Maintain
Roads
Regulate Marriage,
Divorce, and Adoption
Conduct Elections
Expressed Powers
Concurrent Powers
Reserved Powers
®SAISD Social Studies Department
Page 9
Reproduction rights granted only if copyright information remains intact.