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

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

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

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

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

8. 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

9. 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

10. 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?

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

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

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

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

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

16. 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?

17. 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

18. 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

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

20. States’ Powers Privileges and immunities clause – only reasonable residency requirement before you can receive the benefits Out of state tuition Extradition – mandatory return of criminals

21. 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 (10 th amendment)

22. 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

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

24. 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

25. 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?