1. Constitution #6 Federalism

2. Quick Review 1. Virginia wanted each state to send equal number of representatives to Congress. 2. The Anti-federalists opposed the Constitution primarily because it did not include a Bill of Rights. 3. Included in the Constitution as originally ratified is the right to a jury trial. 4. If Congress impeaches a president, they are exercising federalism. 5. One way to informally amend the Constitution is when judges interpret laws.

3. HW Evi Guide #10: When the Framers wrote the Constitution they created a democracy.

4. Federalism The division of sovereignty between national, state, and local governments Independent local & nat’l gov w/some overlap of powers

5. VERSUS Confederacy – states have ultimate power Unitary – nation makes all laws and states only administer those laws (no independent power)

6. Article I of the Constitution gives Expressed or Enumerated powers: written expressly in Constitution Grants of power given to Congress Primarily economic, military, & defense

7. Denials of Power No taxes on exports No titles of nobility

8. Implied Powers Necessary and Proper Clause or aka “Elastic Clause” (Article I, Section 8) Creates Implied Powers: inferred from what is expressed, that which is “necessary & proper” to carry out laws

9. Example of an Implied Power Expressed: power to declare war If Congress has the ability to make war they then have the power to make all laws “necessary & proper” to carry this out Implied: draft

10. Expressed Powers of Congress TAX! Raise revenue Can tax imports (tariffs) Can tax personal income w/16 th amendment Implied – tax evasion is a crime also

11. Const #6 Cont’d … DUE #1-5!!! What was the SC ruling for Marbury v Madison? What precedent does this case establish? Quiz tomorrow! STUDY!!!

12. Borrow Deficit Spending: spend more than earn in revenue (money coming in / taxes) in a given period In one month earned $1000, but spent $1200 – what is your deficit? Debt: Total amount owed If you continue to overspend by $200 per month for a year, what is your debt?

13. Interstate Commerce Intrastate: within one state Power of State Interstate: between two + states Power of Congress

14. Implied from the Commerce Clause Minimum wage Drug policy Environmental laws

15. More Powers Currency – legal tender Foreign Relations & War Powers: Raise a military Declare war! Implied: Draft

16. And more…. Naturalization – citizenship From this, the following are implied: Citizenship test Passport Border fence Bankruptcy:

17. And some more… Postal Power: Post Office Copyrights & Patents Copyright: work of art Patent: invention Implied: piracy laws Weights & Measures: standardized

18. And the rest… Judicial Power: Congress determines the size & structure of the federal courts And so, what is NOT on this list? What isn’t Congress allowed to do?

19. Const. #7: Nation v. State 1. Define an expressed power of Congress. 2. Define an implied power of Congress. 3. What clause in the Constitution gives implied powers to Congress?

20. McCullough v. Maryland (1819) In order to regulate the economy, a national bank is established – this is NOT in the Constitution Maryland decides to tax the bank b/c it disagrees w/ the bank Edwin McCullough refuses to pay tax

21. RESULT: A national bank is necessary and proper in order to regulate the economy – it is an IMPLIED power “the power to tax is the power to destroy” and a state cannot destroy the nation – the nation is the supreme law of the land

22. Supreme Law of the Land Supremacy Clause (Article VI): laws of the U.S. are the “supreme laws of the land” thus if there is a conflict, the US should overrule the states

23. States’ Powers Article IV Interstate Relations Full faith and credit clause – for public acts, records, and judicial proceedings Weddings, court orders

24. States’ Powers Privileges and immunities clause – only reasonable residency requirement before you can receive the benefits Exception? Out of state tuition: non CA pay extra $22,000/year for a UC Extradition – mandatory return of criminals

25. States’ Powers Cont’d Denials of Power: States cannot declare war, print $, etc. Any powers that are not denied to the states OR any power not granted to Congress is reserved to the states from the 10 th amendment

26. Reserved Powers Include marriage, elections, & education California: If either the bride or groom is under 18, at least one of the minor's parents, or legal guardian, must appear with the couple. Certified copies of birth certificates are required. The couple must also schedule an appointment with a counselor and then appear before a superior court judge. Colorado: If you are 16 or 17, you will need consent of both parents (or parent having legal custody), or guardian, or seek judicial approval. If you are under 16, a Judicial Court Order along with parental consent is necessary. Connecticut: If under sixteen years of age, the written consent of the judge of probate for the district where the minor resides must be obtained. Written parental consent is needed if under 18 years of age.

27. The Overlap of Powers Concurrent Powers: both state and nation have the power to control or regulate: Taxes Transportation Law Enforcement Banks Borrow $

28. California’s Income Tax How California State income tax rates are structured The tax table below will show in detail the California state income tax rates by income tax bracket(s). There are 7 income tax brackets for California. If your income range is between $0 and $7,168, your tax rate on every dollar of income earned is 1%. If your income range is between $7,169 and $16,994, your tax rate on every dollar of income earned is 2%. If your income range is between $16,995 and $26,821, your tax rate on every dollar of income earned is 4%. If your income range is between $26,822 and $37,233, your tax rate on every dollar of income earned is 6%. If your income range is between $37,234 and $47,055, your tax rate on every dollar of income earned is 8%. If your income range is between $47,056 and $1,000,000, your tax rate on every dollar of income earned is 9.3%. If your income range is $1,000,001 and over, your tax rate on every dollar of income earned is 10.3%.

29. The Division of Power National Powers: Military Currency Foreign Affairs Post Office State Powers – social, moral, & family issues Education Marriage / Divorce Voting / Elections Drivers’ licenses http://www.usmarriagelaws. com http://www.usmarriagelaws. com

30. Confusion Cometh When does a state have power over the nation and vice versa? If a nation says that abortion in the first trimester is legal (Roe v. Wade), can a state place restrictions on that right? Can a state then say a woman must get consent from her husband ? Can a state then say that minors must get consent from their parents?

31. Holiday Song = Extra Credit Take a well known holiday song & change the words so that they relate to government Should have multiple verses Be funny – but keep it appropriate! You must sing it! But can do it with a group Must give me a copy of your lyrics BEFORE you present!