FRQ Practice warm up

1. FRQ Practice warm up The United States Constitution has endured for more than two centuries as the framework of government. However, the meaning of the Constitution has been changed by both formal and informal methods. A).Identify two formal methods for adding amendments to the constitution B). Name two informal methods that have been used to change the meaning of the constitution. Provide one specific example for each informal method you described. C).Explain why informal methods are used more often than the formal amendment process.

2. Warm up • Complete Amending the Constitution using your notes if necessary. • Turn in your assessment to the tray that is labeled with your period.

3. Federalism

4. Preview--Federalism • Federalism is one of the basic principles of the US Constitution. • Federalism grew from the framers’ desire to create a stronger national government than under the Articles of Confederation but to preserve the existing states and state governments. • Federalism is a political system where the powers of government are divided between a national and regional (state and local) governments. • Under a federal system, each level of government has certain authority over the same territory and people • A constitution outlines each level of government’s authority, powers, and prohibitions.

5. Federalism • initially crafted for states to constrain the fed’l gov’t & balance states’ rights w/ fed’l gov’t • Each enforces its own laws directly on its citizens • Neither can alter the arrangements without consent of the other.

6. Federalism • Compromise between a unitary system and confederal system. • Tocqueville: Framers recognized that: "every village is a sort of republic accustomed to ruling itself.” • Federalist 51: “If men were angels, no government would be necessary.” • Uniqueness of U.S. federal system. Importance of states

7. Federalism in the branches of government • Amendment Process- 2/3s of Congress & 3/4s of state legislatures (reflects federal process, American system of federalism gives state/local a veto over changes) • Presidential Election- reflects federalism as states are represented, candidates need to win states b/c of winner take all, with no majority in EC, House picks President w/ each state getting 1 vote- once again states determining federal election • Judges- President appts w/ senate approval, senatorial courtesy

8. Pros of Federalism • 1. State can look out for citizens & prevent unpopular national decisions • 2. People feel efficacy-- more likely to get involved in local politics/vote etc.-- maintains the hearts & minds of people • 3. Experimentation (right on red) • 4. Flexibility • 5. Additional Checks & Balances (i.e. if one level of gov’t seems abusive you can take grievance to the other- Rodney King Case)

9. Cons of Federalism 1. States can get away w/ bad (i.e. South in Reconstruction or the 1960’s or environmental laws diff’t in states) 2. Complexity: Different laws in different states 3. Accountability: Which organization is responsible if something goes wrong (Immigration or Katrina) Federal govt. sets immigration policy and States deal with consequences 4. Duplication Expensive

10. The Constitutional Basis of Federalism • The term federalism is not found in the US Constitution, but it is clearly defined in the delegated, concurrent, and reserved powers of the national and state governments. • Delegated Powers: expressed , or enumerated powers, those specifically given to the national government (Articles I-V) • Implied Powers: although not expressed, powers that may be reasonably inferred from the Constitution (Article I, Section 8, Clause 18—the Necessary and Proper or Elastic Clause)

11. Inherent Powers: powers that exist for the national government because the government is sovereign. • Concurrent Powers: powers that belong to both the national and the state governments. • Reserved Powers: powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states. (Article IV; Amendment 10) • Prohibited Powers: powers that are denied to the national government, state governments, or both. (Article I, Sections 9 and 10; Amendments) • For example, neither the national government nor the state governments may pass an ex post facto law or a bill of attainder.

12. National Powers (Expressed, Implied, Inherent) National and State Powers (Concurrent) State Powers (Reserved) Regulate foreign and interstate commerce Coin and print money Provide an army and navy Declare War Establish federal courts below the Supreme Court Conduct foreign relations Make all laws “necessary and proper” Acquire and govern U.S. territory and admit new states Regulate immigration and naturalization Levy taxes Borrow money Spend for general welfare Establish courts Enact and enforce laws Charter banks Regulate intrastate commerce Establish local governments Establish public school systems Administer elections Protect the public’s health, welfare, and morals Regulate corporations Establish licensing requirements for certain regulated professions

13. Federalism in Practice • Interstate Relations: Article IV of the Constitution addresses the issue of relationships between the states. It offers several provisions: • Full Faith and Credit Clause: states are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, drivers’ licenses, wills. • Privileges and Immunities Clause: states are prohibited from unreasonably discriminating against residents of other states. • Nonresidents may travel through other states; buy, sell, and hold property; and enter into contracts (does not extend to political rights such as the right to vote or run for political office, or to the right to practice certain regulated professions such as teaching)

14. Extradition: states may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state. • Interstate Compacts: States may make agreements, sometimes requiring congressional approval, to work together to solve regional problems. • Some examples are “hot-pursuit agreements,” parole and probation agreements, the Port Authority of New York and New Jersey, and regulating the common use of shared natural resources.

15. Guarantees to the States: Article IV of the Constitution provides national guarantees to the states: • Republican form of government • Protections against foreign invasion • Protections against domestic violence • Respect for the geographic integrity of the states

16. Establishing National Supremacy • Article IV of the United States Constitution contains the Supremacy Clause, which helps to resolve conflicts between national and state laws. • Because two levels of government are operating within the same territory and over the same people, conflicts are bound to arise. • The Supremacy Clause states that the (1)Constitution, its (2)laws and (3)treaties shall be the “Supreme law of the land.” • The Supreme Court upheld this supremacy in McCulloch v. Maryland (1819). • The Supreme Court continued to expand the powers of Congress over interstate commerce in Gibbons v. Ogden (1824).

17. McCulloch v. Maryland (1819) • The Supreme Court dealt with the issue of the necessary and proper clause and the supremacy clause when Maryland imposed a tax on the Baltimore branch of the Second Bank of the United States • Chief cashier James McCulloch refused to pay the tax, Maryland state courts ruled in the state’s favor, and the United States government appealed to the Supreme Court. • The Marshall Court (Chief Justice John Marshall) ruled that although no provision of the Constitution grants the national government the expressed power to create a national bank, the authority to do so can be implied by the necessary and proper clause (Article I, Section 8, Clause 18). • The ruling established the implied powers of the national government and national supremacy, the basis used to strengthen the power of the national government.

18. Gibbons v. Ogden (1824) • At issue was the definition of commerce and whether the national government had exclusive power to regulate interstate commerce. • The New York legislature gave Robert Livingston and Robert Fulton exclusive rights to operate steamboats in New York waters and Aaron Ogden the right to operate a ferry between New York and New Jersey. • Thomas Gibbons had received a national government license to operate boats in interstate waters. • Ogden sued Gibbons and won in the New York courts; Gibbons appealed to the US Supreme Court. • The Marshall (Chief Justice John Marshall) court defined commerce as including all business dealings, and the powers to regulate interstate commerce belongs exclusively to the national government. DEFINED VERY BROADLY!! • Today, the national government uses the commerce clause to justify the regulation of numerous areas of economic activity.

19. Federalism today

20. Stage 1: Dual Federalism (1789 – 1937) • Stage is called “dual federalism” because the functions of the state and national government remained largely separate. • Marshall Court • Cases upheld expansive federal powers. They had a major impact on the balance of power between the national and state governments. • McCulloch v. Maryland (1819) • Gibbons v. Ogden (1824) • Taney Court • Different notion of federalism • Belief that separate and equally powerful levels of government work best • National government should not exceed its constitutionally enumerated powers • Court tended to limit the national government’s authority in areas such as slavery and civil rights • Dred Scott v. Sandford(1857) o Post Civil War Amendments o Plessy v. Ferguson (1896)

21. Stage 2: Cooperative Federalism (1937 – 1963) • Stage is called “cooperative federalism” because the new programs of the “New Deal” require cooperation across all levels of government. •  Franklin Roosevelt’s “New Deal” sparks a revolution in national policy making and an increased role for the national government altering the balance of power. • Initially, the Supreme Court struck down New Deal programs, but in 1937 Supreme Court changes course (court-packing plan).

22. How do these compare?

23. Stage 3: Regulated Federalism (1963 – 1981) • Stage is called “regulated federalism” because the national government further intervened in state government decision-making by threatening to withhold federal grants for specific purposes. • Categorical Grants were given to the states for specific purposes. Discretion largely remains in the hands of federal and officeholders. • Example: War on Poverty – in an effort to alleviate social ills that the states had been unable or unwilling to remedy, Johnson Administration bypasses conservative legislatures and administrators and gives money to constituencies that will spend it on urban renewal, education, poverty programs, and job training. • Example: to regulate speed limits within states, the national government threatens to withhold federal transportation dollars thus forcing the states to comply with federal mandates. • Unfunded mandates • From the New Deal to the 1980’s, the Supreme Court expanded national powers and restricted state power in their rulings.

25. Stage 4: New Federalism (1981 - ?) • New Federalism • Stage is called “new federalism” because it reflects the return of administrative powers to the state governments. The federal-state relationship was proposed by Ronald Reagan during the 1980’s. • Block Grants are given to states for general purposes and allow state officials greater discretion over how funds will be spent, e.g. education, welfare. • Reduced the size and power of the federal government. • President Reagan used states rights as a litmus test for appointments. • Bush Administration: federal government expands post 9/11 • Most Supreme Court decisions since 1989 have been 5-4 majorities in favor of states rights. • Bush Administration: federal government expands post 9/11.

27. Fiscal Federalism • The national government’s patterns of spending, taxation, and providing grants to influence state and local governments is known today as fiscal federalism. • The national government uses fiscal policy to influence the states through granting or withholding money to pay for programs.

29. Grants-in-aid programs • Money and resources provided by the federal government to the state and local governments to be used for specific projects or programs. • The earliest grants often covered public works projects such as building canals, roads, and railroads, and land grants for state colleges.

30. Categorical grants • Grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs; may even require “matching funds” from the state or local governments; • Categorical grants may be in the form of project grants (awarded on the basis of a competitive application, such as university research grants) or formula grants (awarded on the basis of an established formula, such as Medicaid). • 90% OF GRANTS ARE CATEGORICAL!! • Ex of mandate to grant- HWY funds only if drinking age is 21.

31. Block grants • General grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services; • Fewer strings attached so state and local governments have greater freedom in how the money is spent; • Preferred by states over categorical grants.

32. Revenue sharing • Proposed under the Johnson administration and popular under the Nixon administration, a “no strings attached” form of aid to state and local governments; • Could be used for virtually any project but never exceeded more than two percent of revenues; • Eliminated during the Reagan administration.

33. Mandates • Requirements that are imposed by the national government on the state and local governments; • For example, the Americans with Disabilities Act (1990) mandates that all public buildings be accessible to persons with disabilities. • Mandates often require state or local governments to meet the requirements at their own expense (unfunded mandates). • After the mid-term elections of 1994, the Republican-controlled Congress passed the Unfunded Mandate Reform Act of 1994, which imposed limitations on Congress’s ability to pass unfunded mandate legislation.

34. Wickard v. Filburn, 1942 • Does Congress have the authority to regulate activities that are clearly local in nature? • Commerce Clause (Article 1, Section 8, Clause 3) • The United States Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". • Justice Robert H. Jackson delivered the opinion of the Court: • Even if an activity is local and not regarded as commerce, “it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as ‘direct’ or ‘indirect’”

35. United States v. Lopez, 1995 • Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Constitution? • Yes—the possession of a gun in a local school zone is not an economic activity that might have a substantial effect on interstate commerce • The law is a criminal statute that has nothing to do with “commerce” or any sort of economic activity.

36. Review • Federalism is a system of government in which the powers of government are divided between a national government and regional (state or local) governments. • There are both advantages and disadvantages to federalism as a form of government. • Federalism can be found in the delegated, reserved, and concurrent powers of the Constitution. • Article IV of the Constitution provides for interstate relations, including full faith and credit, privileges and immunities, extradition, interstate compacts. • Article IV o the Constitution provides national guarantees to the states. • McCulloch v. Maryland and Gibbons v. Ogden upheld national supremacy and expanded the power of Congress under the commerce clause, respectively. • As practiced in the United States, federalism has evolved through phases, including dual federalism, cooperative federalism, new federalism, and fiscal federalism.

37. A major strength of federalism lies in the fact that it promotes both national and state activities in which of these manners? • Provides for complex government activities • Avoids concentration of political power • Guarantees the inherent inflexibility of a written constitution • Allows for the duplication of government offices and functions • Provides equal funding for mandates

38. McCulloch v. Maryland (1819) was an important Supreme Court case involving federalism because • It called for a republican form of government • It provided for a national law protecting against domestic violence • Following this case, the Supreme Court became the third powerful branch of the national government • The Supremacy Clause of the Constitution was upheld • The Supremacy Clause of the Constitution was established

39. Article IV of the United States Constitution addresses which of the following relationships between the states? I. full faith and credit II. Interstate commerce III. Respect for geographic integrity • I only • II only • III only • I and II only • II and III only

40. Which of the following is not a concurrent power of national and state governments? • Protecting the public’s health, welfare and morals • Borrowing money • Chartering banks • Establishing courts • Levying taxes

41. Cooperative federalism can best be described as • The national government’s ability to help the states through the spending of tax dollars and the providing of project grants • Placing more responsibility on the states as to how grant money is to be spent • “layer cake federalism” • An extension of new federalism • “marble cake federalism”

42. The president most responsible for the implementation of new federalism was: • George Bush • Richard Nixon • Ronald Reagan • Bill Clinton • Gerald Ford

43. Which of the following is an example of fiscal federalism? I. Mandates II. Revenue sharing III. Grants-in-aid IV. Project • I and II only • II and III only • I, II, and III only • I, II, and IV only • I, II, III, and IV

44. Which of the following has the fewest “strings” attached when it comes to spending government monies? • Mandates • Categorical grants • Block grants • Revenue sharing • Grants-in-aid

45. Federalism as a form of government has many disadvantages. A major disadvantage of federalism is • Conflicts may arise over authority of government • There is concentration of political power • Government is not close to the people • Existing state governments are not accommodated • Geography is not considered

46. Prohibited powers are powers that are denied to both the national and state governments. These denied powers may be found in • Article I, Section 8 • Article I, Section 9 & 10 • Article IV, Section 4 • Article I, Section 8, Clause 18 • Article IV, Section 1