1. Warm Up
What are the five rights given to citizens in the 1st Amendment?
Opinion: Education is directed mostly by state governments. Do you agree that education is a state responsibility? Or do you think the National government should be responsible for education? Why?
1. Religion, Speech, Press, Assembly, and Petition

2. National and State Powers
LG: I will identify the relationship between the state & national gov. by defining their powers.
Standard 12.1

3. Cartoon 1

4. Pledge of Allegiance
Since 1954, the Pledge of Allegiance has featured the words “under God.” In 2000, a parent in California objected to his daughter having to listen to that phrase in a public school, and so he began a lawsuit to forbid its use that eventually reached the Supreme Court. The parent, an atheist, said that the oath violated his child’s religious liberty. The U.S. Circuit Court of Appeals agreed with him, outlawing the Pledge in nine Western states. However, in 2004 the Supreme Court overturned the verdict on a technicality, saying the parent, who was not married to the child’s mother, had no right to bring the case. Three justices wrote that the court should have ruled that the oath was constitutional because it is ceremonial and patriotic, not religious.

5. I. Division of Powers
The Constitution gives the national government certain powers, reserving all other powers to the states or to the people.
Supremacy Clause: the Constitution is the highest law of the land.

6. Wallace Complies

7. II. National Powers
Expressed Powers: powers specifically written in the Constitution
Ex., tax, coin money, make war, raise an army…
Implied Powers: powers that are NOT written but reasonably assumed
The basis for this power is the “necessary and proper” clause.
It is called the elastic clause because it allows Congress to stretch its powers.

8. III. States
Reserved powers: powers that are reserved strictly to the states.
States have authority over matters not found in the Constitution [ex., public school]
Concurrent powers: powers that both the national government and the states have.
1. Ex., tax, courts, eminent domain [property seizure for public good]

9. Convict Goes Free

10. Cartoon 2

11. Fed vs. State Power

12. IV. State-to-State Issues
“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”
Each state must recognize the laws and legal proceedings of the other states.

13. Fed Revenue Returned to States

14. Gov’t Employees

15. Term Limits

16. Check for Understanding
A. powers directly stated in the Constitution
B. powers the Constitution grants to the national government
C. powers that both the national government and states have
D. gives Congress the right to make all laws “necessary and proper”
E. states that the Constitution, laws passed by Congress, and treaties of the United States “shall be the supreme Law of the Land”
F. the first step in the state admission procedure C F B A D E
___ concurrent powers
___ enabling act
___ delegated powers
___ expressed powers
___ elastic clause
___ supremacy clause