Agenda • Do Now • Recap/Quick Notes on Federalism • Around the Room Activity • Closure: Recap Federalism
Do Now For each of the following determine what level of government the situation applies too and why. 1.) Your sister just reached the driving age and wants to apply for her license. 2.) You just obtained your first job and need your social security card. 3.) Your parents do not agree with your district’s new high school diploma system. 4.) After High School you want to go into the US Navy.
The United States has a federal system where power is divided and shared between national, state and local governments. • Can you think of any examples of Federal, State or Local laws? Federalism
The idea of a federal system is outlined in Article IV (4) of the Constitution: “This Constitution, and the Laws of the United States…shall be the supreme Law of the Land.” The states cannot make laws that conflict with the Constitution or laws made by Congress. This is known as the Supremacy Clause. **However, states and local governments CAN make laws which they feel increase security or protection of citizens. (For example, New Jersey’s HIB law).
Full Faith and Credit Clause: “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial proceedings of every other State.” *Each state must recognize and respect other states’ laws, regulations and legal documents.
Federalism is also mentioned in the 10th amendment of the Constitution: “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” What do you think this means?
Powers divided into 3 Categories • Granted powers (Enumerated)- Power given to the national government under the Constitution. • Reserved powers- power given to the state governments. • Concurrent powers- powers that are shared by both state and national.
Granted Powers (Federal Government) • Coin Money • Declare War • Regulate Interstate Commerce • Maintain Armed Forces • Deals with Foreign Policies/treaties • Establishes Post Offices & Roads • Make laws “Necessary and Proper”
Reserved Powers (State Governments) • Establish and maintain schools • Motor Vehicle/Driver Licenses • Make marriage laws • Regulation business within the state • Take measure to protect public health, safety, etc. (State Police, Board of Health) • Conduct elections • Remember the 10th Amendment!!
Concurrent (State & National) • Tax • Establish courts • Borrow money/Spend money for general welfare • Make and enforce laws • Take private property for public purposes with jus compensation (Eminent Domain)
Local Government • Local Police (For example, SBPD) • School Boards (Districts) • Oversee hospitals and libraries • Deal with sewage, trash removal and handle the water supply • Construction rules and zoning, street lights • Maintaining local roads • Local governments can tax as well
Activity • Using your notes from today and plain computer paper (provided) you will create a Federalism Flip Chart. • Your flip chart is split into thirds. • You will recall the following powers: • Powers of the National Government • Powers of State Governments • Powers that both State and National Share
Agenda 1/8 • Do Now: Federalism Worksheet • Station Activity: Federalism Activity using your Flip Chart • Closure: Debrief Activity HW: CEQ #3
Activity: Federalism Scenarios • With your group read each scenario at your station (4 minutes each). • Determine if the scenario meets the federalism test for that level of government (Circle yes or no). • Explain the reasoning (why or why not). Practice: Colorado’s Scenic Drive Highway has become overcrowded. The state legislature passes a law forbidding out-of-state drivers from using the highway? Can Colorado’s state legislature do this? (Yes or No) Why?
NO • Article IV “Full Faith and Credit”
1. Michigan, hard hit by a recession, has decided to issue coins made from old cars in order to stimulate the economy.
1. Answer • NO • Article I Only Congress has the ability to coin money. “To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”
2. Congress passes a law imposing new regulations upon airlines engaged in interstate commerce (doing business in several states and across state lines.)
2. Answer • YES • Article I • “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”
3. Unhappy with the U.S. Postal Service, the state legislature of Nevada has passed a law creating the Nevada Postal Service.
3. Answer • NO • Article I • Only Congress has the power “To establish Post Offices and Post Roads.”
4. The neighboring state of Illinois has decided to make Lake County, Indiana part of their state. Can Illinois do this?
4. Answer • NO • Article IV • Only congress has this ability. • No new state can be formed in a state that already exists. States cannot join together without the consent of congress.
5. The Governor of Montana requests that Kentucky return John Doe to Montana. Doe committed a murder in Montana, and fled to Kentucky where local authorities captured him. Can the governor of Montana ask Kentucky to do this?
5. Answer • YES • Article IV • A criminal fleeing from one state to another after committing a crime, must be returned to the state from which he/she is from (a process called extradition). • States must respect the laws of other states. Full Faith and Credit.
6. John Jones has been legally adopted in the state of Arkansas. After the Jones family moves to Georgia, the Georgia State Welfare Agency takes John from his adoptive parents. The Agency claims its does not recognize Arkansas adoption laws. Can the state of Georgia do this?
6. Answer • NO • Article IV • Each state must recognize other states’ legal documents, such as marriage certificates and drivers’ licenses • Full Faith and Credit.