Constitution #6

Federalism

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.

HW

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

FederalismThe division of sovereignty between

national, state, and local governments Independent local & nat’l gov w/some

overlap of powers

VERSUS

Confederacy – states have ultimate power

Unitary – nation makes all laws and states only administer those laws (no independent power)

Article I of the Constitution gives

Expressed or Enumerated powers: written expressly in ConstitutionGrants of power given to Congress Primarily economic, military, & defense

Denials of Power

No taxes on exportsNo titles of nobility

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

Example of an Implied Power

Expressed: power to declare warIf Congress has the ability to make war

they then have the power to make all laws “necessary & proper” to carry this out

Implied: draft

Expressed Powers of Congress

TAX! Raise revenueCan tax imports (tariffs) Can tax personal income w/16th

amendment Implied – tax evasion is a crime also

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!!!

BorrowDeficit 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?

Interstate Commerce

Intrastate: within one state Power of State

Interstate: between two + states Power of Congress

Implied from the Commerce Clause

Minimum wageDrug policyEnvironmental laws

More Powers

Currency – legal tender

Foreign Relations & War Powers:Raise a militaryDeclare war!

Implied: Draft

And more….

Naturalization – citizenshipFrom this, the following are implied:

Citizenship testPassportBorder fence

Bankruptcy:

And some more…Postal Power: Post Office

Copyrights & PatentsCopyright: work of artPatent: invention Implied: piracy laws

Weights & Measures: standardized

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?

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?

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

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

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

States’ Powers Article IV Interstate Relations

Full faith and credit clause – for public acts, records, and judicial proceedingsWeddings, court orders

States’ PowersPrivileges and immunities clause –

only reasonable residency requirement before you can receive the benefitsException? Out of state tuition: non

CA pay extra $22,000/year for a UCExtradition – mandatory return of

criminals

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 10th amendment

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.

The Overlap of Powers Concurrent Powers: both state and

nation have the power to control or regulate: Taxes TransportationLaw EnforcementBanks Borrow $

California’s Income TaxHow 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%.

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

Confusion ComethWhen 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?

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!