Welcoming Activity….
Pair …Share….
Answers from last night’s
homework.
Where do all these laws come from???
What the heck is
Federalism?
Federalism
Our Constitutional Framework
Federalism
What is it?
The division of power between the
states and the federal government.
Why is it important to us?
It helps creates the essential
framework for how laws are created,
enforced and interpreted.
A little Constitutional History
Origins of the U.S.A. as a “confederation”
of states
The inadequacies of the Articles of
Confederation; the need for a stronger
federal government
The balancing act: Creating a national
government without risking of tyranny?
Four Key
Constitutional Principles for
Studying Law
Limited Government
Supremacy Clause
Separation of Powers
Judicial Review
Four Key Constitutional Principles
cont.
Limited Government:
 The Constitution was designed to explicitly
limit the powers of the federal government
and reserve the remaining powers to the
states. This means most law is state law.
Supremacy Clause:
 HOWEVER… if there is a conflict between a
state law and a federal law (as an exercise of
power reserved by the Constitution) then the
federal law will trump the state law.
Four Key Constitutional Principles cont.
Separation of Powers:
To further check the power of the federal
government, the Constitution divided its
authority into three branches.
Each branch possesses
Executive
unique powers (balance)
and each can overrule
some decision of the
other. (checks)
Judicial
Legislative
Separation of Powers
Dealing with Law
Legislative:
Congress is empowered to write laws.
These are called statutes.
Executive:
The President and federal agencies
are empowered to enforce the law.
Judicial:
Executive
Courts are empowered to
Judicial
interpret the laws.
Legislative
Judicial Review
Defined:
“The process by which courts
decide whether laws passed by
Congress or state legislatures
are constitutional.”
Homework
• Read pgs 15-18
• Complete Problem 1.8 pg 18
• Brainstorm:
How does Federalism establish the
framework for all laws in the USA? In
other words, how does it organize all the
laws in the USA?