1. Warm Up
Answers must be 3-5 sentences or bullet points (you do not have to write the question) Explain each political cartoon, what do you think they mean?

2. Federalism

3. Federal System at Work
Early in American history, South Carolina refused to comply with the tariff of It “nullified,” or rejected, this law, which hurt agricultural exports. However, President Andrew Jackson declared that a federal law is supreme. South Carolina was forced to accept a new, lower tariff law passed by Congress soon afterward.
Why do you think this was the case?

4. Supreme Law
The Supremacy Clause (Article VI) states that no state law or constitution can conflict with any national law.
The Constitution is the supreme law of the land.

5. The Division of Powers
The federal system divides government powers between national and state governments.
Federalism gives certain powers to the national government and reserves all other powers to the states and to the people.

6. Discussion Question
States’ rights supporters argue that the national government has too much control over state and local governments. Do you agree?
Use All Write Round Robin to explain.

7. National Powers
Three types of powers of the federal government…
Enumerated Powers are specifically given to the national government. They allow it to levy taxes, to coin money, to make war, to raise an army and navy, and to regulate interstate commerce. They are also called Delegated Powers or Expressed Powers.
The implied powers, in the elastic clause (“necessary and proper” clause) of the Constitution, are powers the national government requires to carry out the enumerated powers. These are powers that the government takes but are not directly granted.
Inherent powers of the national government are powers it exercises simply because it is a government.

8. The States and the Nation
Reserved powers belong strictly to the states. Powers that are not listed in the Constitution and not denied to the states. 10th amendment.
National and state governments exercise concurrent powers… powers that both have at the same time. (Shared Powers.)

9. States and the Nation (cont.)
The Constitution also lists powers denied to the national and state governments.
Article I, Section 9 lists powers denied to the federal government: Cannot tax exports, interfere with states’ responsibilities.
Article I, Section 10 lists powers denied to the states. Ex. Cannot make treaties with other countries, and cannot grant titles of nobility.

10. Warm Up

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

12. Examples of Dual Federalism (AKA Layer Cake 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

13. Cooperative Federalism (AKA Marble Cake Federalism)
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
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14. Discussion Question
Under what circumstances can a president send troops into a state without the Governor’s permission? Read p under “Protection”
When national laws are violated, federal property is threatened, or federal responsibilities are interfered with.
Ex. Federal troops being sent in to help integrate schools.

15. The Courts as Umpire
The Supreme Court and the federal courts settle disputes between the states and the national government.
McCulloch v. Maryland – the Supreme Court ruled that in a conflict between a state government and national government law…the national government is supreme.
The Court has also limited the government’s control over states. Ex. United States v. Lopez (1995) said Congress exceeded authority by passing a national law banning gun possession in or near schools.

16. States’ Rights Position
Favors state and local action in dealing with problems
Believe that the Constitution created a compact among states
National government has limited powers
Believe that state governments better reflect the needs of the people
Believe that national government poses a threat to individual liberties
Believe in reserved powers of the 10th Amendment

17. Nationalist Position
Do not believe that the national government is an agent of the states
Believe that people created the national government
Powers should be expanded to carry out the people’s will
Believe that national government stands for all the people
National government should lead in solving major social issues

18. The Direction of Federalism
In recent decades, Democrats have generally favored a nationalist position while Republicans have favored a states’ rights view.
Because there is a balance in Congress between Democrats and Republicans – policies have shared both views.

19. Warm up/Write in Notes: Interstate Relations
The Constitution requires each state to recognize the laws and legal proceedings of all other states in civil, not criminal, matters. This is “full faith and credit.” If you are married in Oregon, Georgia must recognize it.
Each state must treat citizens of other states equally with its own citizens. This means states must grant the same “privileges and immunities” to citizens of other states as they give to their own. Ex. Being able to own property and get married.
There are limits to the “privileges and immunities” clause, however. Nonresidents may not enjoy all the rights of state citizens. Ex. Voting or serving on a jury.

20. Mini-project
Today you will apply all that you have learned about federalism and media in the last week or so. Your task as a group is to create and present one of the following:  Either an objective news article or a subjective opinion piece that weighs the evidence, chooses a side and argues in favor of your side. * a newspaper article * a pamphlet
You will need to work together as a group to create your product. You can choose from one of the court cases in your document folder Worth 15 assessment points
5 pts Visual: Does it draw you in? Does the artwork/picture illustrate the issues of the case? 5 pts Written: Did you summarize the legal issues involved in the case? Did you report on the events faithfully? If your piece is an opinion piece, did you argue your thesis well? 5 pts Group Collaboration: Was your group actively engaged in pursuing your goals as reporters?

21. Growing National Government
Three major constitutional provisions have expanded national power
The power to wage war – economy and education effect military capabilities, federal control over these has expanded during war time.
The power to regulate trade (commerce). Ex. Civil Rights Act of 1964 prohibited racial discrimination in public accommodations like hotels and restaurants because it would make it more difficult to travel between states.
The power to tax. 16th Amendment created power to create a federal income tax. Can use tax policy to regulate business and influence states to adopt certain programs.

22. Federalism and Political Parties
Federalism prevents one party from controlling the government. If a party is not winning at the national level they still have opportunities in the individual states.