Constitution #7 The Shrinking 10 th Amendment

Ch 2 EQ Answers 1.AofC: strengths: military, treaty, unify –Weak: can’t tax, regulate trade, currency, no president or national court 4. GC satisfies both large & small states by creating a bicameral Congress. In the HR, large states, like Virginia, get representation based on population. It satisfies small states, like New Jersey, by granting equal representation in the S.

Quick Review 1.This type of government gives the majority of the power to the states. 2.This type of government shares power between the nation and the states. 3.This compromise created a bicameral Congress which satisfied both large and small states. 4.These powers are given to the states. 5.These powers are shared by both the nation and the states.

Federalism is the of power between the and the.

McCullough v. Maryland (1813) This court case determined that this clause: of the Constitution allows for Congress to stretch its powers beyond what is written in the Constitution. (aka loose constructionist)

Gibbons v. Ogden (1824) Ferry between New Jersey & New York Gibbons received a license from the federal gov Ogden received one from NY Who gets it? Constitution gives Congress the power over interstate commerce (trade between states) thus Gibbons wins!

Dual Federalism Aka layer cake Separate powers for state and national governments Allows states to make many of their own decisions without federal interference

Examples of Dual Federalism Allows businesses to create monopolies, low wages, etc. Plessy v. Ferguson (1896) –Plessy: 1/8 black, sits in white compartment of a train, arrested, convicted –States could allow for “separate but equal” facilities

National Government Fights Back! FDR & his New Deal begin to challenge states’ rights by creating new federal laws such FDIC (bank insurance) Cooperative Federalism: Federal & state governments work together (who has the power when is not always clear) AKA marble cake

Heart of Atlanta Motel v. U.S. (1964) If you own your own business can you refuse the right to serve any one you want? An owner of hotel in Georgia says YES! The federal government passed a law that says – businesses cannot discriminate Who’s right? Page 315

And the winner is… Congress: –Commerce clause: Congress can make rules affecting any kind of commerce between 2 or more states –If you know hotels in Georgia will refuse to serve you, you will not go, and your money will stay home thus affecting the economy of Georgia

So, if… Congress can regulate any kind of commerce that crosses state lines, what does that include? What then can Congress NOT regulate? Does this leave Congress with ALL the power?

Let’s see… U.S. v. Lopez (1995)

Significance of Lopez Devolution : power returning to states from federal go –Commerce Clause: cannot encompass everything –10 th Amendment: states do reserve some powers Judicial Review: Power of SCOTUS over other 2 branches (checks & balances)

Significance of Fed 10 Pure democracy doesn’t work – republics do! –Rep should make decisions that reflect all of us –Republics can be larger Large republics are better b/c more ppl will elect rep & therefore should be a well qualified person Large republics will control (but not eliminate) factions by not allowing them to spread across the nation

Const #9: Fiscal Federalism Reminders: –Tom: Quiz & Ch 3 EQ –Th: 60 M/C TEST & Squeeze on all notes (1-9) –Fri: 2 FRQs TEST –There are only 7 or so weeks left in the semester

Fiscal Fiscal (taxing & spending) Federalism Sharing of federal monies (revenue – money coming in via taxes) with states –A way to ensure that states comply with federal laws

Grants-in-Aid Money given to states because: 1.Revenue: states need money. This helps equalize resources b/w rich /poor states 2.Minimum National Standards –Civil Rights Act of 1964: Antidiscrimination laws 3.Solve national issues w/o federal agencies: let the states do it!

Types of Grants-in-Aid 1.Categorical Grants: Strict guidelines (states like least) States must provide matching funds Ex: School Lunches

Grants in Aid 2. Block Grants: Less strict, provides only broad guidelines (states like) Ex: Transportation funds Ex: Welfare funds

3.Revenue Sharing: States receive a % of federal revenue No guidelines – states really liked! Ended in 1987 

It’s Tricky! 3. Cross-over sanction Surface Transportation Act: highway monies and drinking age (MADD) Cannot enforce this law, only ask states to comply and give them money if they do

Conditions of Aid (Rules Attached) 1.Mandate: states must obey 2.Unfunded Mandate: states must obey but are not given money to comply with order Americans with Disabilities Act (1990): ADA Gideon v. Wainright (1964)

Const #9: Is Federalism the best ? 1.Expressed Powers 2.Implied Powers 3.Reserved Powers 4.Concurrent Powers A.Powers given to Congress written in Constitution B.Powers given to states C.Powers given to both state & nation D.Powers given to Congress as suggested from their written powers E.Necessary & proper F.Tax G.Education H.Draft I.Naturalization J.10 th amendment

Is federalism a good idea? Federalism: Different ideas from states Splits power Doesn’t give too much power to the nation Factions don’t get control (MADISON!! States have a voice!

Is a unitary system better? Unitary –Avoids conflicts b/w states & nations –States only carry out laws –Same laws – not confusing –Everyone is treated equally

Silent Debate! 1.Write down the following question. 2.I will tell you which side you will debate. 3.On your paper, write one very good reason for your position.

Should the United States replace its current federal system with a unitary form of government? YES! Closest to white board NO! closest to the bulletin board

Silent Debate! 4.Exchange papers with your partner. 5.Provide a counter argument to their response. Explain why your position is better. 6.Add an additional argument or a question for your partner.

Essay Time: Is a federal system of government better than a unitary system of government ? Thesis: write a one sentence answer to this question that shows your personal opinion (without using 1 st person) and your arguments.

Reminders: –Include a thesis Due: at end of period –5 Paragraphs: Intro, 3 Body, Conclusion –Use your writing handbook (Online at Leuzinger’s website) –Avoid abbreviations!

Intro: due Monday How to start an essay: –Questions = good but don’t use the same question as the essay topic. UseSomething intriguing…. Why is the United States one of the few countries in the world that executes its young people? –Use an example…. How does federalism affect our country today –Include topic and a hint at your opinion in the opening statement or question –Intro’s should be 3-4 sentences BEFORE your thesis - which should be only 1 sentence