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The Federal System Chapter 12 Section 1
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A brief history the USA America declares Independence: 1776 States behave like separate countries Set up own gov’t Wrote own laws States ratify Articles of Confederation 1777 America wins Independence: 1783 America declares Independence: 1776 States behave like separate countries Set up own gov’t Wrote own laws States ratify Articles of Confederation 1777 America wins Independence: 1783
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Constitution Articles of Confederation weak States fight against each other America creates Constitution: 1789 States agree to give up power to a national government Articles of Confederation weak States fight against each other America creates Constitution: 1789 States agree to give up power to a national government
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Federal System Federalism State gov’t and national gov’t share power National law is superior to state law Federalism State gov’t and national gov’t share power National law is superior to state law
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Why Federalism Middle position on two sides 1.All powerful national government 2.All powerful state government Middle position on two sides 1.All powerful national government 2.All powerful state government
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Expressed powers Power that belongs to the National Gov’t Anything that is written in: Article I Section VIII of the Constitution Power that belongs to the National Gov’t Anything that is written in: Article I Section VIII of the Constitution
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Reserved Powers Powers given to the states Amendment X of the Constitution Powers given to the states Amendment X of the Constitution
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Concurrent Powers Powers shared by the National and State Governments Any power that is not prohibited to State gov’t or National Gov’t Article I Section IX of the constitution Article I Section X of the Constitution Powers shared by the National and State Governments Any power that is not prohibited to State gov’t or National Gov’t Article I Section IX of the constitution Article I Section X of the Constitution
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Full Faith and Credit Article IV Section 1 Each state must give credit to public laws in other states If people are married in one state, all other states must accept the marriage. Article IV Section 1 Each state must give credit to public laws in other states If people are married in one state, all other states must accept the marriage.
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Defense of Marriage Act (DOMA) 1. No state (or other political subdivision within the United States) needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. The federal government defines marriage as a legal union exclusively between one man and one woman. 1. No state (or other political subdivision within the United States) needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. 2. The federal government defines marriage as a legal union exclusively between one man and one woman.
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State Constitutions Constitution: Written plan for gov’t Every State Different, but have certain characteristics Constitution: Written plan for gov’t Every State Different, but have certain characteristics
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Similarities in every constitution 3 branches of gov’t Legislative, Executive, Judicial List of rights Establish local gov’ts 3 branches of gov’t Legislative, Executive, Judicial List of rights Establish local gov’ts
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