federalism internet tax, drinking age, local parks, gun zones, marijuana laws… how are they...
TRANSCRIPT
Federalism
Internet tax, drinking age, local parks, gun zones, marijuana laws…
How are they connected to Federalism?
Make a Three Column Chart
What decisions do you believe your parents or guardians should make for you?
What decisions should you be able to make yourself?
What decisions should be made cooperatively?
Analyze your responses
Did every student in the class have the same perspective about who should make certain decisions?
Have you and your parents or guardians ever had a conflict over who gets to make certain decisions?
Why is it important that some decisions are made exclusively by parents or guardians?
*Federalism – what is it?
Power is constitutionally divided between a central government and regional governments (states)
*Dual Federalism
1788 – 1932 (FDR elected) “Layer Cake” Strict, narrow interpretation of Constitution
10th Amendment Supremacy Clause Necessary and Proper Clause
Large powers to states Federal government limited to power
explicitly stated in Constitution
*Cooperative Federalism
1930s – today “Marble Cake” Constitution should be loosely interpreted
Necessary & Proper = “Elastic Clause” Federal and State gov SHARE power
(previously left to states) Education, civil rights, social programs,
national emergencies
How does your Government Grow?
Constitution is vague: both “express” and “implied” powers
Interpreted to allow the federal government “implied” powers
Article I, Section 8 “Necessary and Proper” (Elastic) clause “Commerce” clause (can you think of any commerce
that is carried out solely within one state?) Article VI, Section 1 “Supremacy” clause
*Evolution of Federalism
20th Century: How has the world changed since 1787?
Technological, Industrial, and Economic Growth required organization and oversight on a national level
Scope of National Government expanded dramatically…why? Great Depression, World Wars, etc.
Federalism and the Supreme Court: Gibbons vs. Ogden 1824
Summary and questions Classifying arguments: who does it support? How has interstate commerce changed over
time? Why should you care?
Commerce Clause
Why would we want the Federal government to regulate commerce?
50 different rules would be inefficient for business Individual rational actions can lead to a collective irrational
outcome; examples? Are we even rational to begin with? Descartes argued reason would lead to enlightenment but
the world is very complex Regulations can reduce uncertainty and complexity i.e. Preemptions prohibit states from regulating certain
activities like the ADA