Bellwork Which principle of the Constitution reflects the fact that each branch of government has certain powers over the others?

A2 – constitution Scavenger Hunt

Constitution - Table of Contents

Today’s Objective Students will investigate the necessity and application of federalism in the Constitution.

The Roots of the Federal System The Framers worked to create a political system that was a balance between: A Weak National Government (Articles of Confederation) AND A Strong National Government: (Unitary System, like England)

Federalism Defined - power is shared between the national government and the states

National Governments’ Delegated Powers Expressed Powers - Powers written specifically in the Const. - ex) controlling military and printing money Implied Powers Extra powers allowed by the “Necessary and Proper” clause (a.k.a. “elastic clause”) ex) using tax $ on the common good ex) prohibiting discrimination Inherent Powers Powers that all countries have ex) immigration and adding states

State (Reserved) Powers 10th Amendment = powers not listed in the Const. are reserved for the States Examples: Marriage laws Public School System Conduct elections Require licenses (plumbers, hair dressers, doctors)

Concurrent Powers Concurrent powers are shared between the national (aka federal/central) gov. and the state/local gov’s.

Delegated (national) Concurrent (both) Reserved (states)

Relations Among the States “Full Faith and Credit Clause” (Article IV) States must honor each other’s laws and court decisions includes marriage licenses, custody rulings, etc

Full Faith and Credit Discussion – Same Sex Marriage Is there room for 50 different definitions of marriage? Would states have to give "full faith and credit" to a marriage performed under a different state law?

http://www.youtube.com/wat ch?v=nY7TAKjf-WQ Same Sex Marriage Current News (June 24, 2011) New York: http://www.youtube.com/wat ch?v=nY7TAKjf-WQ A2 stopped here

http://www. latimes. com/news/local/la-gmtimeline-fl,0,5345296 http://www.latimes.com/news/local/la-gmtimeline-fl,0,5345296.htmlstory

DOMA – Defense of Marriage Act Law passed on September 21, 1996: no state needs to treat as a marriage a same-sex relationship considered a marriage in another state (DOMA, Section 2); the federal government defines marriage as a legal union between one man and one woman (DOMA, Section 3). So basically, it’s left up to each state…

Doma Obama calls DOMA “unconstitutional.” - http://abcnews.go.com/Politics/critics-slam-obama-doma-decision-newt- gingrich-calls/story?id=12992207 Article: http://www.outsidethebeltway.com/with-president-obamas-backing-senate-takes-up-repeal-of-doma/

What if state laws and national laws conflict? Supremacy Clause: The Constitution and federal laws always win out against state laws “ this Constitution, and the Laws of the United States . . . and all Treaties made, or which shall be made. . . shall be supreme Law of the Land and the Judge in every state shall be bound thereby” The US Supreme Court is the umpire of the federal system: settles disputes between national and state governments

Supremacy Clause 19

Supremacy Clause Medical Marijuana - http://learning.blogs.nytimes.com/2009/12/04/altered-states-reflecting- on-state-medical-marijuana-laws/ Discussion Questions: How long has medical marijuana been legal in California? How do patients obtain it? What loopholes seem to exist in California state laws? How has the state benefitted economically from the legalization of medical marijuana? How does the Supremacy clause apply in terms of medical marijuana in California? Are there federal consequences for distributing medical marijuana? How can the “feds” intervene?

Supremacy Clause in Action http://learning.blogs.nytimes.com/2009/12/04/altered-states-reflecting-on-state-medical-marijuana-laws/

Federalism Matching Game With your neighbor, try to be the 1st to properly match each new term with its definition.

Provide one example of a concurrent power. Exit Slip Provide one example of a concurrent power.