Tuesday September 17, 2013

1. Tuesday September 17, 2013 • Objective: SWBAT determine how Federalism was affected through the Supreme Court. • Drill: What role does federalism play in the balance of power? What examples can you give of discretions between federal and state government? • Homework: Read two articles and complete CLUES.

2. Federalism and the Balance of Powers • In pairs look over the Supreme Court Cases. • For each case: title of the case and year it was decided. • List the relevant parts of the Constitution • Decide how you and your partner would decide on this case. • What was the actual decision, what was the precedent that was set?

6. Federalism and the Supreme Court • Necessary and Proper Clause- “Congress shall have the power …to make all laws which shall be necessary and proper for carrying into execution…all other powers vested by this Constitution in the government of the United States.” • 2. 14th Amendment- “No state shall make or enforce any lawwhich shall abridge • the privileges or immunities of citizens of the United States; nor shall any state • deprive any person of life, liberty, or property, without due process of law; nor • deny to any person within its jurisdiction the equalprotection of the laws.“ • 3. Interstate Commerce Clause- “Congress shall have power…to regulate • commerce…among the several states.” • 4. Spending Clause- “Congress shall have power…to lay and collect taxes, duties, • imposts and excises, to pay the debts and provide for the…general welfare of the • United States.” • 5. The 10th Amendment- “The powers not delegated to the United States by the • Constitution, nor prohibited to it by the states, are reserved to the states • respectively…” • 6. The Supremacy Clause-“ The Constitution and thelaws of the United • States…shall be the supreme laws of the land…”

7. Wednesday September 18, 2013 • Objective: SWBAT determine how Federalism affects the USA in regards to current issues. • Drill: What does this cartoon say about the separation of Powers? • Homework: Wilson 63-72 Cornell Notes

9. Finish Supreme Court and Federalism Cases • Use the posters around the room to finish your worksheet, you have 15 minutes.

11. Judicial Review • Judicial Reviewis the power of judges in a court to decide or rule that a law is unconstitutional. • A law passed by a legislature may be considered unfair or discriminatory by someone. • Citizens affected by these unfair laws [ex. arrest and convictions in court] may decide to sue a government, person or organization or appeal their cases to a higher court. • A court may overturn, reverse or strike down any law if it believes it violates any portion of the U.S. Constitution.

17. The Supreme Court’s decision in McCulloch v. Maryland concerned which of the following issues? • The right of the federal government to control interstate • commerce • II. The Authority of a state to tax an agency of the federal • government • III. The right of the states to declare a federal law null and • void • IV. The right of the federal government to create the Bank of • the United States under the necessary and proper clause • a. I and II only • b. II only • c. II and IV only • d. I and III only • e. IV only Just jot down the letter of the correct answer

18. Regulation of non-economic activity under the Commerce Clause is possible only through the Necessary and Proper Clause. The Necessary and Proper Clause confers supplemental authority only when the means adopted to accomplish an enumerated power are 'appropriate', are 'plainly adapted to that end', and are 'consistent with the letter and spirit of the constitution.' Requiring citizen-to-citizen subsidy or redistribution is contrary to the foundational assumptions of the constitutional compact.

20. Gibbons v. Ogden (1824)

22. New York Legislature had passed a law giving a monopoly on steamship travel in New York state to a group of investors. Among the people who had permission to do business under this monopoly was Aaron Ogden. Thomas Gibbons, another steamship trader, wanted to use the New York waterways for his business, as well. He had been given federal permission to do so. He was denied access to these waterways by the State of New York, which cited its law as enforcement. Gibbons sued Ogden, and the Supreme Court agreed to decide the case. The majority opinion, written by Marshall, said that the U.S. Constitution had a commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state. Previously, it was thought that the federal government had power over only interstate commerce. But Marshall's opinion said that the commerce clause applied here, too. Thus, the Supreme Court extended the definition of interstate commerce and cemented the power of the federal government over the states when laws conflicted.

23. Plessy v. Ferguson! By: Hannah Corton

32. + = economic issue??

34. No. 95-1478. Argued December 3, 1996 -- Decided June 27, 1997 Printz V. United States

35. James Brady Reagan's White House Press Secretary

37. Issue: The federal law had placed an undue burden on local law enforcement officials -Jay Printz Richard Mack-

38. Five votes for Printz, Four votes against. The Supreme Court made their decision on the principle that the state legislatures are not subject to federal direction. The Court explained that while Congress may require the federal government to regulate commerce directly, in this case by performing background-checks on applicants for handgun ownership, the Necessary and Proper Clause does not empower it to compel state CLEOs to fulfill its federal tasks for it. The Decision

39. Lopez v. United States 1995

42. Public Policy and The News • Continuum Exercise: • There will be a series of Policy Statements from the readings. • After each term is read based on your opinion move toward the area that corresponds to your feelings. Agree, Disagree, Undecided.

43. Ground Rules • State your opinions when asked and the reasons for it. • Only one person speaks at a time. • Listen to other people’s opinions and reasons. • Do NOT try to respond by arguing. • If you have changed your mind, you may move to a spot that more accurately reflects your viewpoint. Be ready to explain your reason for moving.

44. Policy Statements • Marijuana legalization has no chance becoming legal on the Federal Level. • I believe that states should have the right to decide if they want to legalize marijuana. • Federalism should be protected by the court system at all costs. • The initiatives having age and quantity requirements makes me more likely to agree. • It is the governments job to keep us safe, even from ourselves.

45. If the majority of people agree that marijuana should be legal, than it should be. (principles of Democracy) • Health Care: • The Supremacy Clause would not allow state governments to outlaw Obama care. • If these initiatives are passed states will have more power than the Federal government. • states have the right to declare their sovereignty from the Federal Government • Federalism will be restored.

46. Marriage Equality, Religious Freedom • Our government is based on Judaeo-Christian beliefs • Religion should not be part of our government. • The Government should force places of worship to accept same sex marriages. • The government should deny exemptions to churches who refuse same sex couples • The government should not even be involved in this discussion

47. States should individually decide the issue of same sex marriage • Judges should not have the right to overturn past judgments • Changes to the Constitution should only be made by ratification by states. • The Judicial Branch has far too much power.

48. The power of the federal government was expanded by the following Supreme Court decisions: I. McCulloch v. Maryland II. Marbury v. Madison III. Barron v. Baltimore IV. Gibbons v. Ogden a. I and II only b. I, II, and III only I, II, IV only c. III and IV only d. I and IV only

49. Wrap Up 9/17/2013 a. Lochner v. New York c. McCullough v. Maryland c. Hammer v Dagenhart d. Plessy v. Ferguson e. Gibbons v. Ogden f. A.L.A. Schechter Poultry Corporation v. US • States may not tax a federal bank because of the Supremacy Clause and the federal government may create a national bank under the necessary and proper clause. • States may not regulate the movement of goods between two states because the transportation is a federal right under the interstate commerce clause. • States may implement separate-but-equal laws because they do not violate the 14th Amednment’s “equal protection” clause because there are facilities for both races. • Congress may not regulate child labor within a state because the children are involved in the manufacturing of a product and manufacturing is not interstate commerce. • Congress may not regulate a transaction that is the result of interstate commerce. • The Court distinguished between direct effects on interstate commerce, which Congress could lawfully regulate, and indirect, which were purely matters of state law.

50. Wrap Up 9/17/13 • Which of the following cases INCREASED Federal Power? • Gibbons v. Ogden McCulloch v. Maryland Plessy v. Ferguson • Brown v. Board of Ed. U.S. v. Lopez Heart of Atlanta • U.S. v. Morrison Printz v. United States Hammer v Dagenhart • Raich v. Gonzalez • 2. Which of the following cases altered our interpretation of the Commerce Clause? • Gibbons v. Ogden McCulloch v. Maryland Plessy v. Ferguson • Brown v. Board of Ed. U.S. v. Lopez Heart of Atlanta • U.S. v. Morrison Printz v. United States Hammer v Dagenhart • Raich v. Gonzalez • 3. What are three overall conclusions that we can make about the relationship between the Supreme Court and Federalism?