Welcome to Civics! Today is Wednesday, October 16, 2013
Federalism • The division between state rights and federal rights. • 10th Amendment: • States have rights not expressly given to the federal government in the Constitution • States cannot go against federal law • So, what’s the issue? • It creates conflicts! • Let’s debrief our Federalism Jigsaw activity
Roles of the Supreme Court Judicial Review – Supreme Court has final say about what is constitutional Interprets the Constitution Prevents the Executive and Legislative branches from going against the Constitution
Marbury v. Madison (1803) – don’t write • Pres. John Adams appointed several men to be judges during his last days in office • New Pres. Thomas Jefferson refused to honor these appointments • The paper commissions were not sent while Adams was still in office • One man, William Marbury, thought this was unfair and went to the Supreme Court for a writ of mandamus, which would require the commissions be sent • The Judiciary Act of 1789 gave Supreme Court this power
Marbury v. Madison (1803) – write this slide • Supreme Court declared that Marbury deserved his commission, but that it did not have the power to issue a writ of mandamus • Found the Judiciary Act to be unconstitutional • First time an Act of congress was struck down • Supreme Court held that its powers come only from the Constitution (Article III) • Example of Judicial Review • Made Judicial branch equal to other two branches
U.S. v. Lopez (1995) – don’t write The Gun-Free School Zones Act (GFSZA) of 1990 made it illegal for any individual to possess a firearm in school zones Alfonso Lopez, Jr. (12th grader) arrested and charged under Texas law State charges were dismissed after federal agents charged Lopez with violating the GFSZA The U.S. Court of Appeals for the Fifth Circuit held that the Act exceeded congress’ power under the Commerce Clause, and the charge was unconstitutional
U.S. v. Lopez (1995) - write • Supreme Court decision: • 1. The GFSZA exceeded congress’ power under the Commerce Clause • Federal charge against Lopez unconstitutional • 2. Affirmed what powers congress did have under the Commerce Clause • Dissent: Violence in schools interferes with education, which is tied to the economy • Example of Federalism • States’ rights protected
Three-Fifths Compromise (1787) • At the Constitutional Convention in Philadelphia… • Three-fifths of the South’s slave population would be counted for taxation and representation in congress. • In other words, counting five slaves as three votes. • The North wanted to view slaves as property only. • The South knew it would help them politically to have their slave population count in elections.
The Great Compromise (1787) The Senate will have two senators from each state Each state shall be represented in the House of Representatives based on its population What conflict led to this compromise? -->State representation in congress
Key Vocabulary Ratify – to approve Natural Rights – life, liberty, and pursuit of happiness State of Nature – no ruling authority John Locke – people should have say in their gov’t Thomas Hobbes – people were selfish and needed a ruler Stamp Act – taxes on paper documents Sugar Act – taxes on sugar and other goods Liberty – freedom Second Continental Congress – meeting where DOI was written Declaration of Independence – document declaring the Colonies independent from Britain
Philosophical Influences Thomas Hobbes (‘Hobbes hate’) State of Nature – constant war, no ruler, humans are selfish A single ruler should rule the people, and people can not question the government John Locke (‘Locke love’) Natural Rights – life, liberty, property Social Contract – gov’t protects people’s natural rights; people can overthrow gov’t.
The Colonies • Ruled by Britain and their Kings • Controlled Colonies from across the ocean • Oppressive acts (laws) • Taxes • Limited the Colonists’ ability to trade/earn money • Taxation Without Representation • Patriots (people rule) and Loyalists (loyal to King) • King George III placed heavy taxes on the Colonies to help pay for the French and Indian War • All of this led to the Revolutionary War (1775)
Declaration of Independence (1776) • First draft written by Thomas Jefferson • Finalized at the Second Continental Congress • Declared the Colonies free from Britain and a new nation • Influences from John Locke • Unalienable (inalienable) rights (cannot be taken away) • Social contract • Not a single ruler – people have a voice
The Constitution An adaptable blueprint for the United States government Example of the Rule of Law: it’s the supreme law of the land Preamble, seven articles, and amendments Federalists – supported a strong central government Anti-federalists – supported states’ rights Evidence of both groups’ desires in the Constitution (amendments/Bill of Rights, states’ rights, etc.)
Federalism • The division between state rights and federal rights. • 10th Amendment: • States have rights not expressly given to the federal government in the Constitution • States cannot go against federal law • Sometimes described as “a system of government where power is divided between the states and the national government.”
Checks and Balances • The three branches of government keep each other in check and have different authority to maintain balance. • Separation of Powers • Federal, state, and local levels of government • To ensure one person or group doesn’t become too powerful
Legislative Branch • Congress consists of two houses: • Senate • House of Representatives • Makes laws • Can declare war • “Power of the Purse” – power of money- and tax-related decisions
Executive Branch • President and Vice President • Governor (state level) • Mayor (local level) • Enforces the law • Power to approve or veto laws • Appoint heads of departments, judges, ambassadors, and others • Influential in foreign relations
Judicial Branch • Supreme Court • And all inferior courts at the federal, state, and local levels • Interprets the law • Power of Judicial Review • Prevents other two branches from going against the Constitution
Writing Portion • 1. Using your knowledge of the structure of the United States government and its documents, explain why you agree or disagree with the Founding Fathers’ intentions regarding the establishment of the government. • Structure: • - Box of Gov’t (3 branches, 3 levels) • - Checks and Balances/Separation of Powers • Documents: • - Constitution • - Declaration of Independence • - Bill of Rights/Amendments
Writing Portion • 2. Using your understanding of separation of powers and checks and balances, explain how the federal government reflects the philosophical influences of the Founding Fathers. • Hobbes and Locke: state of nature, single ruler, connections to Colonies’ experience with Britain, constant war; social contract, natural rights, people can overthrow gov’t. • Checks and Balances/Separation of Powers: 3 branches, 3 levels.
Writing Portion • 3. Explain how power and authority have evolved over time to meet the needs of today’s society, and demonstrates federalism, using one of the following items to explain your response: • Medical marijuana • No Child Left Behind (national school tests) • U.S. v. Lopez • Same-sex marriage • Define Federalism • 1oth Amendment • Judicial Branch/court cases