13-14 2.1 Federalism

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Friday 2/7/14
• If you missed the assessment,
make it up with me at lunch
Monday!
• Quarter Progress Repots
submitted Monday
• Check for a Room 102 book
at home please!
• Please get out the following:
 Unit 2.1 Packet (if you
have it early –due Mon.)
 Content Rubric Packet
 Pencil
 Text book
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Federalism
Federalism:
write on the back of the new handout
Read Ch. 6.1:
How is the treatment of
the gray wolves
an example of the
benefits and the conflicts
that can arise from our
federal system of
government?
Key concepts of Federalism
 State governments cannot ignore or
contradict federal laws and statutes
as long as they conform to the
Constitution.
 A federal republic does not allow a
state to have complete or even
primary sovereignty over its internal
affairs.
 The supremacy clause mandates
federal laws are supreme.
- McCulloch v. Maryland (1819)
 The Constitution specifically expresses
(enumerates or delegates) the powers
of the national government.
 Any powers not specifically granted to
the national government are reserved
to the states.
 State governments have their own
“spheres of jurisdiction” (areas of
power).
 State governments have often been
viewed as important “laboratories for
new government programs”.
Current Events Examples of
disputes with Federalism
Immigration
Marriage Equality
Medical Marijuana
Recreational Marijuana
Gun Ownership
Healthcare
Cap and Trade (Carbon Emissions policy)
Education
Read 6.2, pgs. 73, 103 and the Constitution
(pg. 378), please fill out the Venn
Diagram with your group.
Monday 2/10/14
• If you missed the assessment,
make it up with me at lunch
Today!
• Quarter Progress Repots
submitted Monday and
Tuesday
• Check for a Room 102 book
at home please!
• Please get out the following:
 Unit 2.1 Packet
 Content Rubric Packet
 Pencil
 Text book
Types of Powers:
Expressed/Delegated/
Exclusive/Enumerated/National
Reserved/Exclusive/States
Concurrent/
Both
Word bank is located at the bottom of your handout.
Expressed/Delegated/
Exclusive/National
Reserved/States
Extra: provide for the
public welfare,
establish courts, build
roads, charter banks
Extra: establish foreign policy, make any laws “necessary
and proper” for carrying out delegated powers.
Extra: establish local governments, provide
for public safety, conduct elections
HELPFUL KEY TERMS
• Ex post facto laws: approved new laws that
affect court decisions retroactively
• Abridge: shorten/change/curtail
• Bills of Attainder: legislative act that imposes
punishment without a trial
• Writ: Something sacredly written
• Nobility: high ranking aristocracy
Federalism Reminder:
Pg. 2 of packet – direct instruction
Powers
Expressed/Enumerat
ed/Delegated
Implied
Concurrent
Reserved
Full Faith and
Credit (IV,1)
10th amendment
Definition
All federal government branches.
Where in the Constitution?
Example
Pg. 2 of Packet: Federalism Vocabulary
• Expressed- Powers specifically given to the national/federal government
(Also known as Enumerated (#ed) or Delegated Powers), this is all branches.
• Implied, elastic clause (I,8,18) States that the federal government has the
ability to pass laws as they see ‘proper and necessary’. Any stretching of the
powers, has to be based on one of the original enumerated powers.
• Concurrent- Powers held by both the states and the federal government.
• Reserved- Those powers reserved for the states. (Powers not delegated to
the federal government). Stated in the 10th Amendment.
• Exclusive- Powers held only by the federal government or only by the states.
• Full Faith and Credit (IV,1)- Mandates that the states must respect and
observe the laws and licenses of other states.
Pg. 2 of Packet: Federalism Vocabulary
• 10th amendment – Amendment which reserves all powers not given to the
federal/national government to the states and then the people respectively.
• Supremacy (VI.2) – The Article/Clause which states that the laws of the federal
government take supremacy over laws passed by the states.
• McCulloch v Maryland (1819) – Supreme Court case that decided Maryland’s
imposed tax on the U.S. bank was unconstitutional. This case established two
important principles in constitutional law. First, the Constitution grants to
Congress implied powers for implementing the Constitution's expressed powers,
in order to create a functional national government. Second, state action may not
impede valid constitutional exercises of power by the Federal government
• Nullification- Originally was a legal principle that the States could nullify any
federal laws deemed unconstitutional. This has never been applied. Only the
Supreme Court has held the power to declare laws unconstitutional.
Pg. 2 of packet – direct instruction
Powers
Definition
All federal government branches.
Where in the Constitution?
Example
Expressed/Enumerated
/Delegated
Implied
Federal government may pass all laws
that are necessary and proper to
stretch delegated or expressed powers
to deal with future needs.
Pg. 212
I.8.18 – Elastic Clause
(specifically included in Article
one for Congress but can apply
to the entire federal
government)
laws to limit air and water
pollution (b/c of interstate
commerce)
Concurrent
Reserved
Full Faith and Credit
(IV,1)
10th amendment
Finish the remaining parts with your table.
Key concepts of Federalism
 The supremacy clause mandates
federal laws are supreme.
- McCulloch v. Maryland (1819)
 State governments cannot ignore or
contradict federal laws and statutes
as long as they conform to the
Constitution.
 A federal republic does not allow a
state to have complete or even
primary sovereignty over its internal
affairs.
 The Constitution specifically expresses
(enumerates or delegates) the powers
of the national government.
 Any powers not specifically granted to
the national government are reserved
to the states.
 State governments have their own
“spheres of jurisdiction” (areas of
power).
 State governments have often been
viewed as important “laboratories for
new government programs”.
Tuesday 2/11/14
• Quarter Progress Reports
submitted today!
• Check for a Room 102 book
at home please!
• Please get out the following:
 Unit 2.1 Packet
 Content Rubric Packet
 Venn Diagrams
In your notes… Practice!
EXPRESSED POWERS
Ex:
IMPLIED POWERS
Ex:
EXCLUSIVE POWERS
Ex:
RESERVED POWERS
Ex:
CONCURRENT POWERS
Ex:
DENIED POWERS
Ex:
Powers Continued – PRACTICE
• In your table groups, cut out all pieces.
• Set them up in the middle of your tables
in any organizational manner.
• Tell me when you finish and are ready
to be checked.
Expressed/Delegated/
Exclusive/National
Reserved/States
Extra: provide for the
public welfare,
establish courts, build
roads, charter banks
Extra: establish foreign policy, make any laws “necessary
and proper” for carrying out delegated powers.
Extra: establish local governments, provide
for public safety, conduct elections
Pg. 6 of packet – PRACTICE – use the slips on your desks
and Venn Diagram
UNITED STATES CONSTITUTION
National Government
FEDERALISM
State Governments
Local Governments
Concurrent Powers
Enumerated/Delegated Powers
Expressed Powers
Reserved Powers
Denied Powers
Implied Powers
Powers denied to States
Powers denied to Feds
Exclusive Powers
4 Benefits of Federalism –
Direct Instruction
1.
Protects against tyranny of the majority
•
2.
Promotes unity without imposing uniformity
•
3.
Groups with different values can live and work in peace together because
of federalism. States can have their own laws, but still live peacefully
together under the whole of the United States.
Creates “laboratories” for policy experiments
•
4.
If the majority is misguided, federalism protects the rights of the minority.
The minority can move to another state if they feel their rights and needs
are more respected there. Or, individual states can focus on the specific
desires and needs of its people without the impeding by other states.
States are considered to be a “testing ground” for new policies, laws and
programs that could work for the nation as a whole. If it is first tried at the
state level, other states have the example to follow if it applies to the needs
of that state. Examples include social and economic problem solving.
Encourages political participation
•
People tend to be more inspired to vote for and get involved in
causes that they are passionate about and affect them. This is why
direct democracy in our large nation was not ideal.
4 Benefits of Federalism –
Current Events Discussion Prep.
1. Read the instructions for the Benefits of Imperialism
current Events Discussion we will have when you return
from break.
2. Check out the 10 possible topics on the chart
3. Decide on 4 that seem interesting to you and your table
group members and split up the 4 topics between you.
4. You will need to research outside articles/information
beyond the text before you come back on Monday the
24th. Bring in about 1 page of hand-written notes based
on your research.
5. Be prepared to teach the current events information to
your group that Monday.
Prep Check:
1.Name two of the benefits of Federalism
-
Protects against tyranny of the majority
Promotes unity without imposing uniformity
Creates “laboratories” for policy experiments
Encourages political participation
2.Name one “drawback” of Federalism
-
Lack of consistency of laws and policies
Creates tension between state and national/federal officials
3.Name three of the four “types” of Federalism
-
Dual, Cooperative, Regulated, New
4.What is devolution and about (decade) when
did it begin to occur in the United States?
-
Returning power to the states, 1970s and 80s (Nixon and Reagan)
Block 2/12-13/14
• Check for a Room 102 book
at home please!
• Please get out the following:
 Unit 2.1 Packet
 Content Rubric Packet
 Venn Diagrams
 Instructions for Benefits
of Federalism discussion
prep.
4 Benefits of Federalism –
Current Events Discussion Prep.
1. Read the instructions for the Benefits of Imperialism
current Events Discussion we will have when you return
from break.
2. Check out the 10 possible topics on the chart
3. Decide on 4 that seem interesting to you and your table
group members and split up the 4 topics between you.
4. You will need to research outside articles/information
beyond the text before you come back on Monday the
24th. Bring in about 1 page of hand-written notes based
on your research.
5. Be prepared to teach the current events information to
your group that Monday.
Factoids:
• There are only 17 expressed powers for the
national/federal government in the Constitution.
• Each state’s constitution has their reserved
powers listed in their constitutions. Some have
recreated their constitutions multiple times and
had up to 150 amendments and more.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Raise and collect taxes
Borrow money
Regulate commerce with foreign
nations
Naturalize citizens
Coin and print money/set weights
and measurements
Punish counterfeiters
Post offices and post roads
Patent laws
Set up courts inferior to Supreme
Court
Punish felonies/piracy at sea
Declare war
Support US Army
Set up and supply Navy
Rules for military
Add national Guard to armed forces
Control Militias
Govern D.C.
Implied Powers from the Elastic
Clause
Pg. 109
Four Types of Federalism
•
•
•
•
Dual Federalism
“Layer Cake”
Constitution used as guide.
Supreme within own sphere –
clearly defined responsibilities
Reserved Powers cannot be
‘invaded.’
This is how our nation began,
with a strict separation of
what the national and state
governments could do
Cooperative Federalism
•
•
•
•
•
•
“Marble Cake”
Federal and state governments share
responsibilities
Emphasis on “general welfare”
Emphasis on Elastic Clause
Expansion of national/federal power as
needed.
Grants-in-aid, or specific amounts given to
states to fund programs.
This is how things changed because of the
Great Depression under FDR (even through
1960s) and the fact that the states alone
could not help the people.
Four Types of Federalism Continued
Regulated Federalism
• Began in the 1960s with LBJ and
his “Great Society” idea to
continue nation-wide programs
like the New Deal.
• Congress imposes regulations on
states to conform more to
federal standards through
restricted grants
• Federal programs aimed at
controlling states more.
• Unfunded mandates grew in
popularity, requiring states to
implement programs without
adequate or any federal funding.
New Federalism
• Reaction to the expansion of
federal power in the 1960s.
• Purpose is to transfer power back
to the states = devolution
• Gives states more autonomy and
power to fix their own problems
• Ex: Federal government providing
block grants (low to no
restrictions) for states to resolve
social issues.
• Mostly in the 1970s and 1980s
under Nixon and Reagan (both
Republicans with a “less
government” approach.
Layer Cake
Marble Cake
Text Book Review:
Match the below terms of Federalism with their
image counterparts with your table partners:
1. New Federalism
2. Dual Federalism
3. Regulated Federalism
4. Cooperative Federalism
5. Devolution
6. Unfunded mandates
Layer Cake
Marble Cake
Answers:
Match the below terms of Federalism with their
image counterparts with your table partners:
1. New Federalism: Ronald Reagan
2. Dual Federalism: Layer Cake, Washington
3. Regulated Federalism: LBJ
4. Cooperative Federalism: Marble Cake, FDR
5. Devolution: Ronald Reagan
6. Unfunded mandates: LBJ
Federalism, Just How Does it Work? Pg. 4-5
Federalism – Just How Does It Work?
Objective:
To see how the various powers granted or denied to the governments in the US are applied.
Directions:
Using the list of powers, your notes, the Constitution determine what type of powers are being used or denied for each scenario. Then provide the explanation
why – refer to the specific part of the Constitution that is invoked. Note that many scenarios refer to more than one type of power granted and denied.




expressed powers
concurrent powers
reserved powers
implied powers (remember the ELASTIC CLAUSE)




powers denied both federal and state governments
exclusive powers
powers denied to the states
powers denied to federal government
With your table partners, fill in
the 20 rows as practice types of
powers
Federalism, Just How Does it Work? Pg. 4-5
Type of Power(s)
1.
The House of Representatives just approved
as $235 billion highway repair bill.
2. The states each have a different licensing exam
for individuals who want to practice law.
3. The Obama administration ordered the
removal of all US combat troops from
Afghanistan by the end of 2014
Expressed
Implied
Reserved Powers
(Powers denied Feds)
5. A number of states forbid the sale of certain
automatic guns.
10th Amendment
Article 2 Section 2
Commander-in-chief
Implied Powers
(pg. 246, top right paragraph) Not explicit what that means so it is
implied.
Expressed & Implied Powers
4. Congress passed a law requiring public libraries
to have filtering software that barred individuals
from accessing any kind of pornography website.
Constitutional Explanation
Article 1 Section 7 – power of the purse
Article 1 Section 8
Postal roads
Elastic Clause
Powers denied both – (ruling
of Supreme Court)
Reserved Powers
(Powers denied Feds)
6. Congress passed a bill in 1976 changing the US
to the metric system.
Expressed Powers
7. California passed a law that raises the age for a
clear driver’s license with no provisions to 18 years
of age.
Reserved Powers
(Powers denied Feds)
Article 1 Section 8 – interstate commerce
and Elastic Clause
Violation of 1st Amendment free speech
because too broadly censors speech.
10th Amendment
Article 1 Section 8
Standard weights and measures
10th Amendment
Types of Power(s)
8. Nebraska makes the Lutheran Church the
official church of the state.
9. Pennsylvania imposes an additional sales tax
on any products made with foreign steel.
Powers Denied Both
Powers denied to States
Expressed Powers
10. Congress passed a law that requires people
who register to vote be able to speak English.
Powers Denied Both
11. Texas passed a law banning flag burning.
12. California recently joined the Powerball Multistate Lottery.
13. The newest cabinet department – The Department
of Homeland Security – was created in 2003.
Powers Denied to Both
Reserved Powers
(Powers denied Feds)
Expressed powers
Constitutional Explanation
-
Violation of 1st Amendment establishment
clause
Article 1 Section 10
States may not tax imports
Article 1 Section 4
Congress may make laws regarding voter
qualifications
th
14 Amendment – violation of equal protection
clause as well as privileges and immunities –
English isn’t official language so this law can’t be
passed
1st Amendment – Freedom of Speech
Supreme Court ruled flag burning as a
protected form of ‘symbolic expression’
10th Amendment
Article 2 Section 2
Cabinet can be created to help president
carry out duties
14. The Supreme Court upheld Oregon’s physician
assisted suicide law in 1999.
Reserved Powers
(Powers denied Feds)
10th Amendment
15. 17 states have legalized same-sex marriage as of
Reserved Powers
(Powers denied Feds)
10th Amendment
December 2013.
16. In 2008, the Immigration and Customs
Enforcement Agency adopted a new citizenship
test.
Expressed Powers
17. In 2010 the federal government passed a
law allowing individuals to have loaded
weapons in national parks.
Expressed Powers
18. In September 2008, the US Congress
passed the Troubled Asset Relief Program,
providing up to $800 billion to help rescue
banks from failure.
Expressed Powers
19. In January 2009, President Obama signed
an executive order closing the prison at
Guantanamo Bay.
Implied powers
20. In 2000, California passed a law requiring
all diesel fuel vehicles reduce their emissions
by 75%.
Reserved Powers
(Powers denied Feds)
Article 1 Section 8
Control over immigration laws
Article 1 Section 8
Congress has jurisdiction over all
federally owned lands and so
makes laws about what happens
there
Article 1 Section 7 & Section 8
Power of the purse
Power to tax and spend
Article 2 Section 2
Does this under his authority as
commander-in-chief as this is a
military prison
10th Amendment
Pg. 138-139: Can you pass
the naturalization test?
• No book, no notes, no friends
• Choose 20 of the 100 total questions to answer.
• This is timed! You have only 10 minutes.
• You MUST be able to answer at least 60% (12 total) of
the answers correctly to become naturalized
Pg. 128
Monday 2/24/14
• Check for a Room 102 book
at home please!
• Please get out the following:
 Unit 2.1 Packet
 Content Rubric Packet
 Venn Diagrams
 Instructions for Benefits
of Federalism discussion
prep.
 1 pg. of hand-written
notes from research
 Civic Participation Rubric
Assessment Reminder:
Civic Participation:
Prepared with materials
participates effectively
Adv: initiates and propels conversation
Adv: Challenges others ideas
Adv: Responds to others questions, clarifies and verifies
Critical Thinking:
Gives clear perspective
References assigned readings
Gives logical arguments and connections to evidence
Adv: makes inferences
Adv: gives alternatives or opposing perspectives
On the back of your “Current Applications of Federalism” sheet, write
yourself a goal as to what you need to personally accomplish to meet the
“Advanced” criteria between today and the block.
EX: I need to initiate the conversation about my topic because if other start
talking before me, it’s intimidating to jump in with my opinions.
4 Benefits of Federalism –
Current Applications Discussion Prep.
Benefit of federalism that best
addresses the topic (pages 103-4)
 Protection from tyranny of
the majority
 Unity without uniformity
 Laboratories for policy
experiment
 Political participation


Justification/Reasoning
Why that benefit?
How does that benefit help
address the conflicts that arise
from the topic?
Apply the limited government
principles in your justification as
appropriate
Definition of marriage
Each of the topics listed are current and at times controversial as related to
the practice of federalism. Choose which benefit of federalism best helps
us address the topic.
4 Benefits of Federalism –
Current Applications Discussion Prep.
1.
2.
3.
4.
5.
6.
Read the instructions for the Benefits of Imperialism current
Events Discussion we will have when you return from break.
You should have researched outside articles/information
beyond the text before today.
Use your 1 page of hand-written notes based on your
research to teach to the other group members at your table.
DO NOT READ your information.
Discuss the other columns on the sheet as a table group and
fill in as much as you can.
Write any lingering questions you may have on another
sheet or on the back of the instructions.
Be prepared to be assessed on the block day for a small
group discussion.
Tuesday 2/25/14
• Check for a Room 102 book
at home please!
• Please get out the following:
 ½ sheet of paper.
 Unit 2.1 Packet
 Content Rubric Packet
 Venn Diagrams
 Instructions for Benefits
of Federalism discussion
prep.
 1 pg. of hand-written
notes from research
 Civic Participation Rubric
Unit 2.1 CFA: Federalism
• Separate the topics on your ½
sheet: “powers” and “types of
federalism”
• Only write one choice for each
prompt.
• Turn it over when you are
finished.
Unit 2.1 CFA: Federalism
Powers:
Advanced – 7
Proficient – 6
Basic – 5
FBB – 0-4
Types of Federalism
Advanced – 4/4
Basic – 3/4
FBB -0-2
Assessment Reminder:
Civic Participation:
Prepared with materials
participates effectively
Adv: initiates and propels conversation
Adv: Challenges others ideas
Adv: Responds to others questions, clarifies and verifies
Critical Thinking:
Gives clear perspective
References assigned readings
Gives logical arguments and connections to evidence
Adv: makes inferences
Adv: gives alternatives or opposing perspectives
4 Benefits of Federalism –
Current Applications Discussion Prep.
Benefit of federalism that best
addresses the topic (pages 103-4)
 Protection from tyranny of
the majority
 Unity without uniformity
 Laboratories for policy
experiment
 Political participation


Justification/Reasoning
Why that benefit?
How does that benefit help
address the conflicts that arise
from the topic?
Apply the limited government
principles in your justification as
appropriate
Definition of marriage
Each of the topics listed are current and at times controversial as related to
the practice of federalism. Choose which benefit of federalism best helps
us address the topic.
4 Benefits of Federalism –
Current Applications Discussion Prep.
1.
2.
3.
4.
5.
You should have researched outside articles/information
beyond the text before today.
Sit with other people who have researched your own topic.
Share out your learning about the topic
Add to your notes where you see fit
Be prepared to be called on from your group to
teach/report out to the rest of the class:
•
What is most important to know about the topic and the
conflicts that surround it?
•
Which benefits of federalism do you agree help address
the conflicts and why?
•
Any other info.?
Block 2/26-27/14
• Check for a Room 102
book at home please!
• Please get out the
following:
Unit 2.1 Packet
Venn Diagrams
Piece of binder
paper
2.2 Packet
Unit 2.1 Federalism EUQ
The four benefits of federalism are possible because power is divided between
the national government and the various state and local governments. None of
the four benefits of federalism are specific to the Supremacy Clause or the Tenth
Amendment, or necessary to limited government.
Question: Specifically, what is the main benefit and drawback of the Constitution
containing both the Supremacy Clause and the Tenth Amendment?
Slide Guide:
□ Define the Supremacy Clause and the Tenth Amendment
□ Explain the main benefit of having both in the Constitution
□ Explain the main drawback of having both in the Constitution
□ Do not discuss the four benefits of federalism in your response.
Unit 2.1 Federalism EUQ:
Peer Edit
• Use the pink sheets at your table for:
1. Model response
2. Rubric
• Score and comment based on these criteria and your better
judgment.
• Receive yours back, and take the time to argue for or against
the score given to you.
• If you deserve anything below an A+, list what was missing
from your answer.
4 Benefits of Federalism –
Current Applications Discussion Prep
1. Again, sit with other people who have researched
your own topic.
2. As other groups respond to the below prompts, fill
in the table for the “Benefits of Federalism”
3. Groups teach/report out to the rest of the class:
• What is most important to know about the topic
and the conflicts that surround it?
• Which benefits of federalism do you agree help
address the conflicts and why?
• Any other info.?
Unit 2.2, Legislative Branch,
pg. 2-3
Question
1.
There is a 50-50 tie on a bill
regarding gun control in the Senate.
Who will cast the tie-breaking vote?
2. Your uncle just celebrated his 30th
birthday. Can he run for the House of
Representatives?
3. The media are reporting a raise in
federal income tax for the coming year.
Where did the proposal for this new tax
originate?
4. A candidate you strongly support was
just elected senator. How many years must
pass until this candidate can be reelected?
5. Troops from a foreign country have
invaded Oregon. Which branch of
government has the power to declare war
against this aggressor?
6. The president has appointed a new
ambassador to Haiti. Who must approve
this appointment?
7. If a vice president were to commit a
federal offense, who has the power to
impeach him or her? Who has the power to
put the impeached official on trial?
8. Who has the power to regulate trade
between the states
Answer to Question
Article
Section
Constitutional Provision/Wording
The Vice President of the United
States who is also the President of
the Senate
1
3
The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be
equally divided.
Monday3/3/14
• Check for a Room 102
book at home please!
• Please get out the
following:
Pencil and eraser
• Answer on the BLUE
side of your last
assessment.
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