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Federalism

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  1. Federalism AP U.S. GOVERNMENT & POLITICS - Constitution

  2. Way of organizing government: * 2 or more levels have authority • * over same land & people • * results inshared power * in U.S.  Federal, State, Local Federalism: Definition AP U.S. GOVERNMENT & POLITICS - Federalism

  3. Key Reasons: * Decentralizes politics & policies • * More opportunities for participation • * States serve as policy innovators Why is it important? AP U.S. GOVERNMENT & POLITICS - Federalism

  4. Key Reasons: * Enhances judicial power • * Courts serve as umpires • * settle disputes between levels Why is it important? AP U.S. GOVERNMENT & POLITICS - Federalism

  5. National Powers * Coin money • * Conduct foreign relations • * Regulate commerce among the states • * Provide army & navy Constitutional Basis AP U.S. GOVERNMENT & POLITICS - Federalism

  6. Shared Powers * Tax • * Borrow money • * Make & enforce laws • * Establish courts Constitutional Basis AP U.S. GOVERNMENT & POLITICS - Federalism

  7. State Powers * Establish local governments • * Regulate intra-state commerce • * Conduct elections • * Deal w/ public health & safety Constitutional Basis AP U.S. GOVERNMENT & POLITICS - Federalism

  8. However, the 10th Amendment states: 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. Establishing National Supremacy AP U.S. GOVERNMENT & POLITICS - Federalism

  9. Article VI, paragraph (clause) 2 • This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land . . . Establishing National Supremacy AP U.S. GOVERNMENT & POLITICS - Federalism

  10. Marbury v. Madison (1803) • Court determined that it had the • right to determine the meaning of • the Constitution . . . • Claimed power of “judicial review” . . . • Right to decide if actions of Congress and state governments are acceptable according to the Constitution National Supremacy & S.Court AP U.S. GOVERNMENT & POLITICS - Federalism

  11. McCulloch v. Maryland (1819) • Helped further establish • supremacy of the national • government over state governments • How? National Supremacy & S.Court AP U.S. GOVERNMENT & POLITICS - Federalism

  12. McCulloch v. Maryland • Examined list of powers granted • to Congress in Article I, Section 8 • Called these “enumerated” • Then looked at the last clause . . . National Supremacy & S.Court AP U.S. GOVERNMENT & POLITICS - Federalism

  13. 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. National Supremacy & S.Court AP U.S. GOVERNMENT & POLITICS - Federalism

  14. Gibbons v. Ogden (1824) • Interpreted the “Commerce Clause” from Article I, Section 8: • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. National Supremacy & S.Court AP U.S. GOVERNMENT & POLITICS - Federalism

  15. Determined that the Federal government had the power to regulate steamboat traffic between New York & New Jersey . . . instead of the state of New York. • Meaning? “Commerce . . . among the several States” was broader than some thought. • Kicked off long tradition of expansion of federal government regulation of “commerce”. National Supremacy & S.Court AP U.S. GOVERNMENT & POLITICS - Federalism

  16. Full Faith & Credit • Extradition • Privileges & Immunities States’ Obligations to Each Other AP U.S. GOVERNMENT & POLITICS - Federalism