federal system - BussiereHistory

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Do Now

1.) What is a federal system?

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

Agenda 11/28

• Do Now

• Notes on Federalism and creation of Federalism flip chart.

• Activity: Does this meet the federalism test?

Around the room Scenarios using your flip chart.

• Closure: Discuss Colorado & amendment 64 according to what we learned today about federalism.

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 Article IV (4) of the Constitution:

“This Constitution, and the Laws of the United

States…shall be the supreme Law of the Land.”

• The states cannot make laws that conflict with the

Constitution or laws made by Congress. This is known as the Supremacy Clause.

Full Faith and Credit Clause:

“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 and respect other states’ laws, regulations and legal documents.

Federalism is also mentioned in the 10 th

amendment of the Constitution:

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”

Powers divided into 3

Categories

Granted 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)

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

“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

Only Congress has the ability to coin money.

“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

• “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

• 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

• Only congress has this ability.

• No new state can be formed in a state that already exists. States cannot join together without the consent of congress.

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

• A criminal fleeing from one state to another after committing a crime, must be returned to the state from which he/she (a process called extradition).

• States must respect the laws of other states. Full

Faith and Credit.

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

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

• Full Faith and Credit.

Exit:

Colorado’s Amendment 64 legalizes small amounts of recreational marijuana for personal use. Under the law, anyone 21 and older may possess up to an ounce of marijuana, and can smoke it in a private place without violating state law.

1.) Using what you learned today about federalism can the state of Colorado do this? Explain (3-4 sentences).

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