Aim: Why did the Framers create a Federalist system? Chap 3, Day 1 Do Now: How does federalism protect the people’s rights? PAIR/SHARE This balance between the National and State governments … forms a double security to the people. If one encroaches on their rights they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by a certain rivalship, which will ever subsist between them. - Alexander Hamilton

Federalism Federalism - Organizing a nation so that two or more levels of government have formal authority over the same land and people (11 out of 190 nations). Unitary governments – organizing a nation so all power resides in the central government (Most in world) Confederation – a nation in which the central government is weaker than the states. Intergovernmental Relations – interactions among nat’l, state and local govts.

???? How would politics and policies be different in America if there were a unitary system instead of a federal system? Or a confederation instead of a federal system?

Why is Federalism so important? Decentralizes our politics – SO? Impact - More opportunities for political participation Decentralizes our policies – SO? Impact - Federal and state governments handle different problems.

National campaigns for the Presidency actually take place in the states. Candidates must win states, rather than the national vote, and they focus their energy on politically competitive states (swing states). Obama in 2008 in Ohio.

Federalism in the Constitution The word “Federalism” is NOT in the Constitution The Division of Power The writers of the Constitution carefully defined the powers of state and national governments. Although favoring a stronger national government, states were retained as vital components of government.

Federalism - Examples National Govt. (Delegated) Coin money, conduct foreign relations, regulate commerce with foreign nations and interstate, army and navy, declare war State Govt.(Reserved)- establish local govts., regulate commerce within state, public health, safety, morals, conduct elections, ratify amendments to Constitution Both Natl. and State (Concurrent) – tax, borrow money, establish courts, make & enforce laws

Federalism in the Constitution The supremacy clause deals with the question of which government should prevail in disputes between the states and the national government; Article VI states that three items are the supreme law of the land: The Constitution Laws of the national government (when consistent with the Constitution) Treaties (which can only be made by the national government)

Fed in Constitution Judges in every state were specifically bound by the Constitution. Questions remain concerning the boundaries of the national government’s powers. The national government can only operate within its appropriate sphere and cannot usurp the states’ powers. The Tenth Amendment states that “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.” There have been variations in the Court’s interpretation of the Tenth Amendment.

Summary PAIR/SHARE How do you think the federalist system influenced the civil rights movement? Would desegregation have occurred faster in the South if America had a unitary democratic system? Can you think of any negative effect such a system might have had on the outcome of the civil rights movement?