1. FEDERALISM

2. Questions to consider: In our federal system of government, what is the relationship between federal and state laws? Are there ever conflicts of interest between these two levels of government? How are these conflicts generally resolved? Throughout our nation’s history, which issues have generated the greatest conflicts between the federal government and the states?

3. I. Federalism: A. The division of powers between the federal and states governments set forth in the Constitution. B. The Constitution provides for a division of powers, assigning certain powers to the Federal Government and certain powers to the States.

4. Examples of federalism: Nevada allows for gambling & prostitution… Nebraska has a unicameral legislature… North Dakota doesn’t require voter registration….. NJ & Oregon don’t allow self serve gas pumping…..

5. Who holds the power?? Fold your paper into three columns & labels the columns as follows: National Powers Concurrent Powers State Powers 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 6.

6. 1.Levy & collect taxes. 2.Coin Money 3.Borrow Money 4.Establish Public Schools 5.Regulate trade within a state 6.Define Crimes & set punishments 7.Conduct Elections 8.Establish Courts 9.Regulate interstate & foreign commerce 10. Raise & maintain an armed forces 11. Declare War 12. Claim private property for public use 13. Regulate Alcohol 14. Pass license requirements for professionals 15. Establish local govt’s. 16.Govern U.S. territories & admit new states 17. Conduct foreign relations Place the following powers in the appropriate columns

9. II. Powers of the Federal Government ExpressedImpliedInherent a.Found directly within the Constitution b.Article 1 Sec.8 Congress c.Article. 2 Sec.2 Pres. Powers d. Amendments a.Not expressly stated in the Constitution, but are reasonably suggested by the expressed powers. b. Necessary & Proper Clause allows for congressional & court interpretation (Civil Rights) a.Belong to the National Gov’t because it is the gov’t of a sovereign state within the world community. There are few!! b. Immigration regultaion etc..

10. III. Powers Denied to the National Government A.Powers such as levying duties on exports or prohibiting the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution. B. Some powers are denied to the National Gov’t b/c the Constitution is silent on the issue. C. Some powers are denied to the National Gov’t b/c the federal system does not intend the National Gov’t to carry out those functions.

11. IV. State Powers A.The state powers are called reserved powers B. These powers are not granted to the National Gov’t and are not, at the same time, denied to the States. 1. 10 th Amendment C. Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently 1. Amendments 13,14,15,19,24,26

12. This system of federalism can lead to conflicts between state law & federal law… HOW ARE THESE CONFLICTS RESOLVED???

13. V. Supremacy Clause & The Supreme Court A.Supremacy Clause 1.States that the U.S. Constitution is the highest law in the land…followed by 2. Congressional Acts & Treaties 3. State Constitutions 4. State Statutes 5. City & County Charters & Ordinances B. Supreme Court 1.Settles disputes between Federal & State Governments. a. McCulloch vs. Maryland (1819) b. Gibbons v. Ogden (1824) c. Fletcher v. Peck (1810)

14. Federalism Court Cases Compare the decisions of the three previous cases with the decision in the case of U.S. vs. Lopez. How did the decisions in the four cases affect the power of the federal government?

15. VI. The Nation’s Obligations to the States A.National Gov’t must ensure Republican Form of Government in each state. B. The National Gov’t is also required to provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” in the States (disaster relief). C. Only Congress has the power to admit new States to the Union.

16. VII. Interstate Relations A. No State may enter into any treaty, alliance, or confederation. B. States may, with the consent of Congress, enter into interstate compacts — agreements among themselves and with foreign states. (LAW ENFORCEMENT) C. The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States