TODAY IS WEDNESDAY, OCTOBER 16 , 2013

Welcome to Civics!

Federalism

The division between state rights and federal rights.

10th Amendment: States have rights not expressly given to the federal

government in the Constitution States cannot go against federal law

So, what’s the issue?It creates conflicts!

Let’s debrief our Federalism Jigsaw activity

Roles of the Supreme Court

Judicial Review – Supreme Court has final say about what is constitutional

Interprets the Constitution

Prevents the Executive and Legislative branches from going against the Constitution

Marbury v. Madison (1803) – don’t write

Pres. John Adams appointed several men to be judges during his last days in office

New Pres. Thomas Jefferson refused to honor these appointments The paper commissions were not sent while Adams

was still in officeOne man, William Marbury, thought this was

unfair and went to the Supreme Court for a writ of mandamus, which would require the commissions be sent

The Judiciary Act of 1789 gave Supreme Court this power

Marbury v. Madison (1803) – write this slide

Supreme Court declared that Marbury deserved his commission, but that it did not have the power to issue a writ of mandamus Found the Judiciary Act to be unconstitutional First time an Act of congress was struck down

Supreme Court held that its powers come only from the Constitution (Article III)

Example of Judicial ReviewMade Judicial branch equal to other two

branches

U.S. v. Lopez (1995) – don’t write

The Gun-Free School Zones Act (GFSZA) of 1990 made it illegal for any individual to possess a firearm in school zones

Alfonso Lopez, Jr. (12th grader) arrested and charged under Texas law

State charges were dismissed after federal agents charged Lopez with violating the GFSZA

The U.S. Court of Appeals for the Fifth Circuit held that the Act exceeded congress’ power under the Commerce Clause, and the charge was unconstitutional

U.S. v. Lopez (1995) - write

Supreme Court decision:1. The GFSZA exceeded congress’ power

under the Commerce Clause Federal charge against Lopez unconstitutional

2. Affirmed what powers congress did have under the Commerce Clause

Dissent: Violence in schools interferes with education, which is tied to the economy

Example of FederalismStates’ rights protected

Three-Fifths Compromise (1787)

At the Constitutional Convention in Philadelphia…

Three-fifths of the South’s slave population would be counted for taxation and representation in congress. In other words, counting five slaves as three votes.

The North wanted to view slaves as property only.

The South knew it would help them politically to have their slave population count in elections.

Three-Fifths Compromise

The Great Compromise (1787)

The Senate will have two senators from each state

Each state shall be represented in the House of Representatives based on its population

What conflict led to this compromise?-->State representation in congress

Key Vocabulary

Ratify – to approveNatural Rights – life, liberty, and pursuit of happinessState of Nature – no ruling authorityJohn Locke – people should have say in their gov’tThomas Hobbes – people were selfish and needed a

rulerStamp Act – taxes on paper documentsSugar Act – taxes on sugar and other goodsLiberty – freedomSecond Continental Congress – meeting where DOI

was writtenDeclaration of Independence – document declaring the

Colonies independent from Britain

Philosophical Influences

Thomas Hobbes (‘Hobbes hate’)State of Nature – constant war, no ruler,

humans are selfish A single ruler should rule the people, and

people can not question the government

John Locke (‘Locke love’)Natural Rights – life, liberty, propertySocial Contract – gov’t protects people’s

natural rights; people can overthrow gov’t.

The Colonies

Ruled by Britain and their KingsControlled Colonies from across the ocean

Oppressive acts (laws) Taxes Limited the Colonists’ ability to trade/earn money Taxation Without Representation

Patriots (people rule) and Loyalists (loyal to King)

King George III placed heavy taxes on the Colonies to help pay for the French and Indian War

All of this led to the Revolutionary War (1775)

Declaration of Independence (1776)

First draft written by Thomas JeffersonFinalized at the Second Continental CongressDeclared the Colonies free from Britain and a

new nation

Influences from John Locke Unalienable (inalienable) rights (cannot be taken

away) Social contract Not a single ruler – people have a voice

The Constitution

An adaptable blueprint for the United States government

Example of the Rule of Law: it’s the supreme law of the land

Preamble, seven articles, and amendmentsFederalists – supported a strong central

governmentAnti-federalists – supported states’ rights

Evidence of both groups’ desires in the Constitution (amendments/Bill of Rights, states’ rights, etc.)

Federalism

The division between state rights and federal rights.

10th Amendment: States have rights not expressly given to the federal

government in the Constitution States cannot go against federal law

Sometimes described as “a system of government where power is divided between the states and the national government.”

Checks and Balances

The three branches of government keep each other in check and have different authority to maintain balance.

Separation of Powers Federal, state, and local levels of government To ensure one person or group doesn’t become too

powerful

Legislative Branch

Congress consists of two houses: Senate House of Representatives

Makes lawsCan declare war“Power of the Purse” – power of money- and

tax-related decisions

Executive Branch

President and Vice President Governor (state level) Mayor (local level)

Enforces the law

Power to approve or veto lawsAppoint heads of departments, judges,

ambassadors, and othersInfluential in foreign relations

Judicial Branch

Supreme Court And all inferior courts at the federal, state, and local

levels

Interprets the law

Power of Judicial ReviewPrevents other two branches from going

against the Constitution

Writing Portion

1. Using your knowledge of the structure of the United States government and its documents, explain why you agree or disagree with the Founding Fathers’ intentions regarding the establishment of the government.

Structure: - Box of Gov’t (3 branches, 3 levels) - Checks and Balances/Separation of Powers

Documents: - Constitution - Declaration of Independence - Bill of Rights/Amendments

Writing Portion

2. Using your understanding of separation of powers and checks and balances, explain how the federal government reflects the philosophical influences of the Founding Fathers.

Hobbes and Locke: state of nature, single ruler, connections to Colonies’ experience with Britain, constant war; social contract, natural rights, people can overthrow gov’t.

Checks and Balances/Separation of Powers: 3 branches, 3 levels.

Writing Portion

3. Explain how power and authority have evolved over time to meet the needs of today’s society, and demonstrates federalism, using one of the following items to explain your response: Medical marijuana No Child Left Behind (national school tests) U.S. v. Lopez Same-sex marriage

Define Federalism1oth AmendmentJudicial Branch/court cases