PART 1 - MODEL 2 (B).pptFederalismOutline(1) Fe.docxdanhaley45372
PART 1 - MODEL 2 (B).ppt
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Federalism
Outline
(1) Federalism and Its Alternatives
(2) The Advantages of Federalism
(3) Division of Powers between National and State Governments
(4) Supreme Court’s Interpretation of Federalism
(5) Case study: Medical marijuana
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Federalism and Its AlternativesConfederal System
consists of a league of independent states, each having essentially sovereign power
e.g. Articles of Confederation, United Nations
Weaknesses led to call for the Constitutional Convention
No Power to draft soldiers, raise taxes, or regulate commerceUnitary System
centralized government in which local governments exercise only those powers given to them by the central government
e.g. France and Great Britain
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Federalism and Its AlternativesFederal System
power is divided by a written constitution between a central government and state/local governments
e.g. United States
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The Flow of Power in Three Systems of Government
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Advantages of FederalismA Practical
Solution
Resolved the dispute between advocates of a strong central government (federalists) and states’ rights advocates (anti-federalists)Brings government closer to the people
Citizens can bring attention to local and state government’s attention
Can resolve issues quicker than relying on federal government
e.g. City of Chino and flies
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Advantages of FederalismFederalism allows for many political subcultures
States are given flexibility in their policies
e.g. gay marriage
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Division of Powers Between National and State GovernmentsEnumerated Powers***
Elastic Clause (necessary and proper clause)
the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated power
Supremacy Clause
federal law supersedes state and local law
*Selected Constitutional PowersNational GovernmentNational and State GovernmentsState GovernmentsEXPRESSED
To coin money
To regulate interstate commerce
To levy and collect taxes
To declare warCONCURRENT
To levy and collect taxes
To make and enforce laws
To establish courts
To provide for the general welfare
RESERVED TO THE STATES
To regulate intrastate commerce
To conduct elections
To ratify amendments to the federal constitution
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Supreme Court’s Interpretation of Federalism
Implied Powers and National Supremacy
McCulloch v. Maryland (1819)established the implied powers of the national government and the idea of national supremacy
Background: National government chartered a bank in MarylandState imposed a tax to drive it outMcCulloch (bank cashier) refused to pay taxState won in state court, thus sending it to the Supreme Court
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Case Study: Medical Marijuana
Raich v AshcroftA case involving the commerce clause
Constitutional Question:
Does use of home-grown marijuana involve or impact interstate commerce?
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Background1970 federal law makes marijuana illegalCalif passed Prop 215 in 1996 which made medical marijuana legalAngel Rai.
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2. Economic Conditions post American revolutionary war The states seized control of former crown owned lands. The Americans could trade freely. The Average citizens were better financially before the war then after the war. Large estates were split up into smaller plot and sold.
3. Shays rebellion 1786 Hard times and high taxes intended to pay off the states war dept drove Massachusetts farmers into rebellion. Led by Daniel Shay, then shut down courts to prevent judges from seizing properties of condemning people to debtors prison for failing to pay taxes. Created Panic Farmers petitioned that the state issue paper money to stop foreclosure on their property.
4. Where, when and purpose of the constitution convention Where- Philadelphia, Independence Hall When- 1787 Purpose- The goal was to reduce the Articles, but it was quickly decided to replace them completely.
5. Key people and their contributions to the constitution convention George Washington-elected first president. William Paterson-created the New Jersey plan Edmund Randolph-created the Virginia plan. James Madison-style of constitution and persuaded Virginia and Maryland to agree to conference. Gunning Bedford-opposed strong central government. Alexander Hamilton-argued neither the Virginia Plan nor the New Jersey Plan were adequate to the task at hand. Ben Franklin
6. Virginia Plan vs. New Jersey Plan Virginia Plan -Bicameral (2 houses) -Proposed by big states -One house elected my people -One house elected by the 1st house -Number of congressmen decided by state population. New Jersey Plan -Unicameral (1 house) -Supported by smaller weaker states -One house based on equality each state would have the same number of representatives.
7. The Great Compromise A combination of both Virginia’s plan and New Jersey’s plan. -Bicameral Congress (2 houses) -House of Representatives, number by state population. -Senate, two per state.
8. 3/5 Compromise This was decided so that slaves could count as part of the population. A slave would be 3/5 of a person. 3 people=5 slaves.
9. Federalist vs. Anti-Federalist I would have chose Anti-federalist because: -Without a bill of rights being added to the constitution there would be limited rights to citizens. -I would also fear that a strong central government would grow to be powerful and America would turn into a monarchy, ruled by a king.
10. WORK CITED! Notes from class The American Pageant http://teachingamericanhistory.org/convention/delegates/hamilton.html