Do Now

1.) What is a federal system?

2.) How does this picture of a cake illustrate a federal system?

Federalism

• The United States has a federal system where power is divided and shared between the national and state governments.

The idea of a federal system is outlined in the 10th amendment:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

The states cannot make laws that conflict with the Constitution or laws made by Congress:

The Supremacy Clause located in Article IV (4) of the Constitution:

“This Constitution, and the Laws of the United States…shall be the supreme Law of the Land.”

Powers divided into 3 Categories

• Expressed powers (enumerated)- Power given to the national government under the Constitution. (Coin money, raise an army)

• Reserved powers- power given to the state governments.

(Police, education, licensing)• Concurrent powers- powers that are shared by both

state and national. (Taxing, maintain Roads/construction)

Federalism Flip Chart

Using your text, We The People, complete the flip chart.*What powers are given to the National government? States? Shared?

National State Shared

Activity: Federalism Scenarios• With your group read each scenario at your station (4

minutes each).• Determine if the scenario meets the federalism test for

that level of government (Circle yes or no).• Explain the reasoning (why or why not).

Practice: Colorado’s Scenic Drive Highway has become overcrowded. The state legislature passes a law forbidding out-of-state drivers from using the highway?

Can Colorado’s state legislature do this? (Yes or No) Why?

NO• Article IV • Section 1“Full Faith and Credit shall be given in each State to the

public Acts, Records, and judicial proceedings of every other State. And the Congress may by general Laws prescribe the manner in which such Acts, Records and Proceedings shall be proved, and the effect thereof.”

1. Michigan, hard hit by a recession, has decided to issue coins made from old cars in order to stimulate the economy.

1. Answer

• NO• Article I• Section 8, Clause 5

Only Congress has this ability:“To coin Money, regulate the Value thereof, and

of foreign Coin, and fix the Standard of Weights and Measures”

2. Congress passes a law imposing new regulations upon airlines engaged in interstate commerce (doing business in several states and across state lines.)

2. Answer

• YES• Article I • Section 8, Clause 3“To regulate Commerce with foreign Nations,

and among the several States, and with the Indian Tribes”

3. Displeased with the U.S. Postal Service, the state legislature of Nevada has passed a law creating the Nevada Postal Service.

3. Answer

• NO • Article I • Section 8, Clause 7

Only Congress has the power “To establish Post Offices and Post Roads.”

4. The neighboring state of Illinois has annexed Lake County, Indiana.

4. Answer• NO• Article IV • Section 3, Clause 1

“New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”

No new state can be formed in a state that already exists. States cannot join together unless the state legislatures and the US Congress agree.

5. The Governor of Montana requests that Kentucky return John Doe to Montana. Doe, convicted of murder in Montana, had fled to Kentucky where local authorities captured him.

5. Answer• YES• Article IV • Section 2, Clause 2

A criminal fleeing from one state to another after committing a crime, if apprehended, must be returned to the state from which he/she fled, at the request of the legal authorities in that state (a process called extradition).

6. John Jones has been legally adopted in the state of Arkansas. After the Jones family moves to Georgia, the Georgia State Welfare Agency takes John from his adoptive parents. The Agency claims its does not recognize Arkansas adoption laws

6. Answer• NO• Article IV, Section 1

“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial proceedings of every other State. And the Congress may by general Laws prescribe the manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”

Each state must recognize other states’ legal documents, such as marriage certificates and drivers’ licenses

7. The federal government passes a law to establish a single national system of public high schools.

7. Answer• NO• Amendment X (10)

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The states, or the people, have any power that the Constitution does not give the National Government or deny to the States.

8. The state of Washington has placed a tax on goods imported and exported through its seaports.

8. Answer• NO• Article I • Section 10, Clause 2

“No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.”

No state can lay duties on imports or exports without the consent of Congress.

HW: Create an illustration that shows how the federal system works in the United States.Make sure to include the powers given to each as well as shared.

(Hint-Think back to the cake we analyzed in class)