Principles in The Constitution

Big Ideas Behind US CONSTITUTION 1. Popular Sovereignty: Gov’t governs w/ consent of people, majority rules 2. Limited Government: Gov’t is not all powerful, must act within law 3. Separation of Powers: Power is divided among gov’t branches 4. Checks and Balances: Each branch of gov. checks the power of another 5. Rule of Law No one is above the law…no even the President! 6. Federalism: Division of power between national (federal), state and local governments

6. Federalism State National City

Federalism What is Federalism? Ex. State: highways, welfare, schools Local & national gov’ts function separate from each other   Ex. State: highways, welfare, schools Federal: military, airline safety   Good or Bad? Depends who you ask: Riker says “F’ism perpetuated racism” Elazar says “F’ism perpetuates individual liberty” National State

Federalism Why Framers liked it? Once again, another way to check the power of gov’t “State and Federal are in fact but different agents and trustees of the people” -J.Mad Federalist 46   “If their rights are invaded by either, they can make use of the other as instrument of redress” A.Ham Federalist 28 Say my Name!

The Challenge of Federalism: Medical Marijuana

Federalism “Elastic Clause” or “Necessary & Proper Clause” Framers knew a complete list of gov’t powers was impossible so… Elastic language was used (Art. 1, Section 8) Hamilton's view: nat’l supreme since Const. Is supreme law Jefferson's view: states' rights w/ the people as ultimate sovereign Supreme Court’s Role Over past 224 years SC has been drawing the line between state and fed’l power

Federalism and the Courts Supreme Court’s Role Over past 224 years SC has been drawing the line between state and fed’l power

Federalism Supreme Court becomes focal point of interpreting Const. & deciding who has the power (see M&Ms) Nullification: idea that states can declare fed. laws “null and void”. Civil War based (wrongly) on this idea. Dual Federalism: both states and nat’l gov. supreme in their “spheres” Interstate commerce: Federal Intrastate commerce: State

Federalism and Cake? Layer Cake Federalism relationship between state and local gov’t are clearly spelled out and distinct. Also know as Dual Federalism. Marble Cake Federalism a mixing of authority and programs among the national, state, and local governments. Also know as Cooperative Federalism.

Federalism: Spheres of Power National Government State Government

Federalism: The Power Pull Washington DC Federalism: The Power Pull Baton Rouge -Tenth Amendment -“Devolution” (ex. Welfare Reform Act of 1996) -Block Grants (money to states for general purposes) national -Categorical Grants: $ for specific purpose (ex. voting registration) -Federal Mandates (ex. drinking age is 21) -Incorporation state

Federalism and Money Grants-in-aid: Federal money given to states for projects Types of Federal Funding: Categorical Grants $ for specific purpose Hiring city teachers Block Grants $ for general purpose Education Revenue Sharing $ to spend as states wish 5 billion for Iowa