The Federal System Chapter 12 Section 1

A brief history the USA  America declares Independence: 1776  States behave like separate countries  Set up own gov’t  Wrote own laws  States ratify Articles of Confederation 1777  America wins Independence: 1783  America declares Independence: 1776  States behave like separate countries  Set up own gov’t  Wrote own laws  States ratify Articles of Confederation 1777  America wins Independence: 1783

Constitution  Articles of Confederation weak  States fight against each other  America creates Constitution: 1789  States agree to give up power to a national government  Articles of Confederation weak  States fight against each other  America creates Constitution: 1789  States agree to give up power to a national government

Federal System  Federalism  State gov’t and national gov’t share power  National law is superior to state law  Federalism  State gov’t and national gov’t share power  National law is superior to state law

Why Federalism  Middle position on two sides 1.All powerful national government 2.All powerful state government  Middle position on two sides 1.All powerful national government 2.All powerful state government

Expressed powers  Power that belongs to the National Gov’t  Anything that is written in:  Article I Section VIII of the Constitution  Power that belongs to the National Gov’t  Anything that is written in:  Article I Section VIII of the Constitution

Reserved Powers  Powers given to the states  Amendment X of the Constitution  Powers given to the states  Amendment X of the Constitution

Concurrent Powers  Powers shared by the National and State Governments  Any power that is not prohibited to State gov’t or National Gov’t  Article I Section IX of the constitution  Article I Section X of the Constitution  Powers shared by the National and State Governments  Any power that is not prohibited to State gov’t or National Gov’t  Article I Section IX of the constitution  Article I Section X of the Constitution

Full Faith and Credit  Article IV Section 1  Each state must give credit to public laws in other states  If people are married in one state, all other states must accept the marriage.  Article IV Section 1  Each state must give credit to public laws in other states  If people are married in one state, all other states must accept the marriage.

Defense of Marriage Act (DOMA) 1. No state (or other political subdivision within the United States) needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. The federal government defines marriage as a legal union exclusively between one man and one woman. 1. No state (or other political subdivision within the United States) needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. The federal government defines marriage as a legal union exclusively between one man and one woman.

State Constitutions  Constitution: Written plan for gov’t  Every State Different, but have certain characteristics  Constitution: Written plan for gov’t  Every State Different, but have certain characteristics

Similarities in every constitution  3 branches of gov’t  Legislative, Executive, Judicial  List of rights  Establish local gov’ts  3 branches of gov’t  Legislative, Executive, Judicial  List of rights  Establish local gov’ts