2. Artist: John Trever, The Albuquerque Journal Date: September, 2005

3. Artist: Mike Keefe, The Denver Post Date: September, 2005

4. Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005

6. Case in Point: Michael VickMichael Vick What is the difference between Federal and State law?

7.  To be a federal crime it must *Violate a federal law *Occur on Federal property * Action that violate both state and federal law, take place in either court

8.  controlled substance violations;  immigration law violations;  mail OR wire fraud;  bank larceny OR robbery;  gun laws (such as a felon in possession of a firearm);  postal offenses;  child pornography;  counterfeiting; and  crimes of any type which occur on federal property or in federal buildings  credit card fraud  money laundering  Tax evasion

9.  Government agent will contact you for questioning…(FBI, IRS,DEA, BATF)  Be honest…if you lie-automatic 5 years no parole sentence to whatever else you are given  Only Grand Juries used to indict-23 people- evidence can be held back, no one is present but federal agents

10.  US attorney is the prosecutor  attorney for each of the 94 districts  9 U.S. Circuit Courts of Appeal

12.  4 classes of misdemeanors  6 classes of felonies

13.  CLASS 1 FELONY DEATH / LIFE $100,000  CLASS 2 FELONY 20 YRS TO LIFE$100,000  CLASS 3 FELONY 5 TO 20 YRS$100,000  CLASS 4 FELONY 2 TO 10 YRS$100,000  CLASS 5 FELONY 1 TO 10 YRS$2,500  CLASS 6 FELONY 1 TO 5 YRS$2,500 Class Jail Fine

14.  CLASS 1 0-12 MONTHS $2,500  CLASS 2 0-6 MONTHS$1,000  CLASS 3 N/A$500  CLASS 4 N/A$250 Class Jail Fine

15. Vocabulary

16.  Federalism  Enabling act  Grants-in-aid  Revenue sharing  Categorical grant  Block Grant  Project Grant  Interstate Compact  Extradition  Act of Admission

17. Supreme Court Cases

18.  McCulloch v. Maryland  Coyle v. Smith  Williams v. North Carolina  Kentucky v. Dennison  Hicklin v. Orbeck

19. What’s What

20.  Delegated powers  Expressed powers  Implied powers  Inherent powers  Reserved powers  Exclusive powers  Concurrent powers  10 th Amendment  Privileges & Immunities Clause  Full Faith and Credit Clause

21. Federalism and the Division of Power

22.  1. A system in which powers of government are divided between a National Government and several subnational governments.  2. The Constitution established a federal system in the 10 th Amendment  3. Federalism allows local actions in matters of local concern and national action in matters of wider concern

23.  1. The Expressed Powers are powers that are clearly spelled out in the Constitution.  2. The Implied Powers are powers reasonably implied by the necessary and proper” (Article 1, Section 8, Clause 18)  3. The Inherent Powers are powers that belong to all sovereign states and thus belong to the National Government.  4. These powers include the power to levy and collect taxes, make war, and regulate trade among the state.

24. Framing FathersNational Government

25.  1. Some powers are expressly denied.  2. Some powers are denied by silence of the Constitution and, therefore belong to the States.  3. Powers denied include ex post facto laws and taxing on imports POWERS

26.  1. The reserved powers are the powers held by the States.  2. Reserved powers are those neither expressly given to the National Government nor denied to the States.  3. Given to the state through the 10 th Amendment

27. For the States States The Federal Government cannot have those powers reserved for the states!

28.  1. Some powers are expressly denied because of the nature of the federal system.  2. Includes no ex post facto laws and no taxes on exports POWERS

29.  1. The government in the United States operates on two levels; National and State.  2. Local Governments receive their power from the State

30.  1. These are powers exercised by both the National and the State governments.  2. Concurrent powers are exercised separately and simultaneously.  3. Includes the power to tax, creating education policy, and criminal Justice Laws

31. National GovernmentState Government The Power

32.  1. The Constitution stands above all other forms of law.  2. Article VI establishes the Supremacy Clause  3. The Supreme Court is the umpire in the federal system, deciding conflicts produced by the dual system of government through their power of Judicial Review.

33. Division of Powers

34. National GovernmentState Government Delegated, Implied or Expressed Powers Concurrent Powers Reserved Powers

36. How the Constitution Functions as “the Supreme Law of the Land.”

38. Distinguish between dual federalism and cooperative federalism.

40.  Federal and state governments are co-equals, each sovereign  Narrow interpretation of the Constitution  Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)  State have greater role and powers (ex: public education, race relations)

42.  National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)  Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)  Began with the New Deal in the 1930s

43.  The problems faced by all levels of government in modern life can be staggering and even overwhelming. You will be given four scenarios that are based on real life situations. Your task is to address the problems and decide which level of government,or combination of governments, would best handle the problem.

44. 1. Read each scenario carefully. 2. Identify what tasks need to be carried out to address the problem. 3. Identify what level(s) of government, federal, state, or local, is responsible and/or best equipped to resolve the problem. 4. Provide a clear explanation for each of your choices.

45. Explain how money impacts the relationship between the National Government and the States.

46.  Grants-in-aid programs are grants of federal money or other resources to the States and/or their cities, counties, and other local units.  Revenue sharing, used between 1972 and 1987, gave an annual share of federal tax revenues to the States and their local governments.

47.  In 2005, Wyoming, the LEAST populous state, received:  $17.9 million for 509,293 people  That equals?  $35.3/person  In 2005, California, the MOST populous state, received:  $165 million for 35.3 million people  That equals?  $4.70/person

48. Interstate Relations

49. Interstate Compacts Agreements among themselves and with foreign states. Full Faith and Credit Clause Ensures that States recognize the laws and, documents, and court proceedings of the other States. 2 Exceptions: (1) One State cannot enforce another State’s criminal laws. And, (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State. Extradition The legal process by which a fugitive from justice in one State is returned to that State. 1)State governors handle this for states 2)Federal court can intervene if the governor refuses to extradite a criminal Privileges and Immunities No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.