Federalism & Primary Candidates

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Chapter 3&4

FEDERALISM & PRIMARY CANDIDATES

CHAPTER 3 CONTINUED…

5 Basic Principles Revisited

1) Popular Sovereignty …

Definition and your own example

2) Separation of Power

Judicial Branch

3) Checks and Balances

Why? When it doesn’t work …

4) Limited Government

Fences … Keeping the Government in and out

5) Federalism

The Cakes

POPULAR SOVEREIGNTY

Power to the people …

Slavery

Abortion

Same-Sex Marriage

Multi-Racial Schools

SEPARATION OF POWERS

Supreme Court Facts

9 Judges

John Roberts Chief Justice

Breakdown by President

Breakdown by Age

Breakdown by Political Party

CHECKS AND BALANCES

To keep the three branches even and no one branch too powerful

Reminder of how they are checking each

The dangers of one branch not balanced

Andrew Jackson

Richard Nixon

George Bush??

LIMITED GOVERNMENT

The supposed limits to government and the constitution

Limits to the government – keeping the government in a fence – bound to the constitutional limits

Dangers of limiting the government to just the constitution – Thomas Jefferson

New Federalism

FEDERALISM

The division of governmental power between the National and State governments

The Government in Washington DC and the

State Government in Boise, etc.

History of Confederation …

Articles of Confederation

CSA

Texas and State Power

CH. 4 FEDERALISM

P.45

Power to the National Government

Power to the State Government

Concurrent Powers

Prohibited Powers

Federal/State Responsibilities

State to State Obligation

National Supreme

Civil War

Commerce Clause

Civil Rights Amendments

Federal Grants and Mandates

3 KINDS OF FEDERALISM

Dual Federalism

Early History – Two separate Levels

Limited (Supreme) powers to National

Everything else to the States

Layered Cake

Cooperative Federalism

Mixed levels of government

Marble Cake

New Federalism

Since President Nixon (Republican) way of shrinking responsibility and size (Not George Bush II)

What kind of Cake?

POWERS …

National Powers

State Powers

Concurrent Powers

Prohibited Powers

DIVISION OF POWERS

Delegated

Powers

National

Government

Concurrent

Powers

Both

Reserved

Powers

State

Government

NATIONAL POWERS

Delegated Power – powers expressed in the constitution directly in the Constitution for the

National Government to regulate.

Declare War, Coin Money, Copy Rights

Implied Powers – powers reasonably inferred in the from the constitution. Elastic Clause (Art. 1 Sec. 8)

Laws that are necessary and proper to carry out gov.

Air Force, Buying Land (LA Purchase), Supreme Court

Inherent powers - powers that usually deal with foreign affairs

 acquire land (bases), immigration policy, war on terrorism

POWER OF STATES

Reserved Powers – powers not delegated to the states and not denied to the states.

Guaranteed by 10 th Amendment

Establishing/monitoring local government

Regulate trade within the state

Ratifying amendments to the Constitution

CONCURRENT POWERS - BOTH

Powers held by both the state and national governments. No exclusive power is given to national government, no power denied to states

Levying and collecting taxes

Establish and maintain separate court systems

Law enforcement

Health and welfare

Borrow money

PROHIBITED POWERS (RESTRICTED)

Powers restricted or denied to the national governments, state governments, or both.

Can’t take tax exports

States from making treaties

Individual rights

FEDERAL RESPONSIBILITIES

National Security - Military

Interstate Harmony – Between States

Domestic Tranquility – Social harmony

Infrastructure – Bridges/Roads

STATE RESPONSIBILITIES

States must meet their responsibilities to the federal government in several ways.

States are responsible for public elections.

Ratify the Constitution

Cover what the Federal Government refuses to do.

STATES’ OBLIGATIONS

Outlines the obligations each state has to every other states.

“Full Faith and Credit” – each state recognizes the records of other states.

Public acts, records, auto loans

Marriage ??

Extradition of criminals

ESTABLISHING NATIONAL SUPREMACY

McCulloch v. Maryland – national government supreme to the states in Constitutional matters.

Civil War – By the South losing the Civil War, the Union was supreme to the states and

States Sovereignty is secondary to National supremacy.

Commerce Clause – the national government moderates interstate trade. (Native Americans)

Civil Rights – Amendments and rulings to insure the rights of minorities.

FEDERALISM TODAY

Division of power between the national and state governments.

Overlapping funds

Federal government provides funds/regulations that affect lower levels

Important to State and local governments, municipalities.

FEDERAL GRANTS

Federal government has always had influence over states through grants-in-aid (money to finance their programs –see below)

Kinds of grants …

Categorical Grants – strings attached

Block Grants – general funds and up to the states to decide how to spend

Revenue Sharing – a potion of the federal monies returned to the states and local governments

FEDERAL MANDATES

A rule issued by the federal government to the states.

An order from the federal government that is not necessarily backed with money.

Most mandates are concerned with civil rights and protection of the environment.

AMENDMENTS 1 & 2

1 st Amendment (Freedoms …)

Religion

Press

Petition

Speech

Assemble

2 nd Amendment (Right to BEAR ARMS)

State Militia

Personal Firearms

Freedoms to they end of my nose …

Limits to all amendments

CANDIDATES AND ISSUES

Be aware this is the primaries

Democrats vs. Democrats

Republicans vs. Republicans

Know the Candidates and the Issues that might get them elected and the problems they face getting the nomination

BE ABLE TO NAME AND DISCUSS ONE POSITIVE

AND NEGATIVE FOR ALL THE CANDIDATES

(REPUBLICAN AND DEMOCRAT)

DEMOCRAT CANDIDATES

Hillary Clinton

Barack Obama

John Edwards

Joe Biden

Chris Dodd

Bill Richardson

Dennis Kucinich

For more info click on the link … http://www.politicalderby.com/

REPUBLICANS

Mike Huckabee

Mitt Romney

John McCain

Fred Thompson

Rudy Giuliani

Ron Paul

Tom Tancredo

Duncan Hunter

For more info click on the link … http://www.politicalderby.com/

JUDICIAL BRANCH

Supreme Court - Highest Court in the Land

9 Judges , 8 Men-1 Woman

By Age

By President

By Party

Possible Changes

What it means to the decisions?

COURT CASE

How decisions are made …

How it gets to the Supreme Court …

Number of Cases, Number heard …

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