The Supreme Court & Federalism

ANNOUNCEMENTS:
Read: 68-78 in Edwards
Unit 1 Identification Terms
Unit 1 Exam: Monday, October 21
Study the Unit 1 Standards
Unit 1 Standards-Student Questions Review
5th Hour Survey: Complete this survey to be eligible to win a class pizza party! Seniors--use this link instead.

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Learning Objectives:

CON-2.B: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.

CON-2.B.2: The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as:

• McCulloch v. Maryland (1819), which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the U.S. Constitution and federal laws over state laws
• United States v. Lopez (1995), which ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control

The Supreme Court and Federalism
The Supreme Court has decided many cases dealing with issues of federalism. Two of the most important cases are McCulloch v. Maryland and US v. Lopez. Today, we will look at these two cases and several others to see how the Court's rulings have impacted state-national relations.

***SCOTUS CASE TEMPLATE***
The College Board has identified 15 Supreme Court cases that are MUST-KNOWS. For each of these cases, you will make a copy of the SCOTUS Case Template and fill in the necessary information. Create a folder in your Google Drive:APGOV:SCOTUS Cases. Save a copy of the template and all 15 cases that we cover throughout the year here.

For each case, I have created a list of resources, both print and video for you to review and utilize to fill out the template. The Street Law and Oyez resources will be your best bets. Please make two copies of the template, one for McCulloch v. Maryland and one for US v. Lopez, use the resources provided and fill out each form.

McCulloch v. Maryland

MCCULLOCH V. MARYLAND DISCUSSION QUESTIONS

1. What are the two central questions raised by this case?

2. How does the Court answer these two questions?  What rationale (constitutional clauses) does the Court use to explain its decision?

3. Compare the Court’s reasoning with the concerns raised by Brutus regarding the power of the government.

4. How would our nation be different today if the Court had decided differently?

US v. Lopez (PBS Landmark Cases)

US v. Lopez (Bill of Rights Institute)

DAY TWO (Wednesday, Oct. 16)
Yesterday, we looked at two important cases involving federalism. It is imperative that you understand the importance of both McCulloch v. Maryland and US v. Lopez. However, it is also vital that you understand the role of federalism and the constitutional issues involved in a variety of questions and court cases.

Today, you will look at other Supreme Court cases that are questions of federalism and the role of the national government vs. the power of the states. Make a copy of this chart and fill out the information based on the above case summaries. Have this completed and ready to discuss for tomorrow. Use your class time wisely! Finish early? Study for your Unit 1 exam.



Videos for Review:

Fiscal or Regulatory Federalism

ANNOUNCEMENTS:
Read: 68-78 in Edwards
Unit 1 Identification Terms
Unit 1 Exam: Monday, October 21
5th Hour Survey: Complete this survey to be eligible to win a class pizza party! Seniors--use this link instead.
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Learning Objectives:
CON-2.A: Explain how societal needs affect the constitutional allocation of power between the national and state governments.
CON-2.A.2: The distribution of power between federal and state governments to meet the needs of society changes, as reflected by grants, incentives, and aid programs, including federal revenue sharing, mandates, categorical grants, and block grants

Fiscal Federalism
One relationship that has dramatically changed over the past century is the redistribution of money from the federal government to the states. Typically, this transfer of money is through either the use of block grants or categorical grants. Today, we will take a look at the differences between the two and the impact on federal control and regulations.

Read the following Congressional Budget Report on Federal grants.

It's a fairly long document (30 pages), so we will divide and conquer. Get in groups of 4 and number off. Read the following sections:
Everyone: Summary pgs. 1-3
#1 Federal Outlays 3-7
#2 Rationales 7-12
#3 Federal Controls 12-17
#4 Federal Influence & Implications 17-23

Take 10-15 minutes to read, taking notes over your section. After reading your section, each member needs to share and explain their section. Everyone should take notes on each section explained.  If you finish early, read through the powerpoint presentation below.





Videos for Review

Devolution

Announcements:

5th hour: Complete this survey during study session today.

• Student login information is the same as last year: (student letter and numbers before the @ symbol in their email address)

         Example: student name and email address are:  

Jimmy Hope     jhop2263@lps53.org

                  login information would be:  jhop2263

Unit 1 Identification Terms
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Learning Objective:
CON-2.B: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.

The devolution revolution (sometimes referred to as Nixon's New Federalism) is characterized by power shifting from the national government back to the states. Since FDR's New Deal, power has gradually concentrated with the federal government. Starting with Nixon in the 1970s, continuing with Reagan in the 1980s, and culminating with President Clinton, a Republican-led Congress, and a more conservative court in the 1990s, devolution has increased state power in some respects while limiting the power of the national government.

Several examples of New Federalism/devolution include:

• Revenue sharing (1970s-1986)
• Increase in use of block grants (i.e. Welfare Reform Act of 1996)
• Major Court decisions (i.e. US v. Lopez, 1995)

Not everyone supports the devolution movement though. In The Devil in Devolution, John Donahue raises several serious criticisms about the effectiveness of allowing states the power and discretion to make public policy. Here are several discussion questions from the article:

DEVIL IN DEVOLUTION

1. What is devolution?  Do you think Donahue supports devolution or not?  Explain your answer.

2. What is the “Problem of the Commons”?

3. How do each of the following illustrate the problems of devolution?

• Presidential primaries
• Divorce and same –sex marriage
• Environmental legislation
• Legalized gambling

4. How would defenders of states’ rights refute Donahue’s arguments?

5. What are the negative consequences of regulating and legislating at the national level in such a diverse country?

Democracy in Action Video: Section 3-Welfare Reform (start at 17:00)

Dual Federalism & Cooperative Federalism

ANNOUNCEMENTS:
Homework: Read 58-68 in Edwards
Homework: Read Devil in Devolution (for Wednesday)
Unit 1 Identification Terms
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Learning Objective:
CON-2.B: Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.


Dual & Cooperative Federalism
Federalism can take many different forms. Dual federalism and cooperative federalism are historically the two main descriptors of how federalism has worked in the United States.

Read this page on the differences between dual and cooperative federalism to get a better understanding of the differences between the two. As you read, take notes (using a double-column chart) about the significant points and differences between the two. Cliff Notes also has a nice summary of dual and cooperative federalism.

Key questions:

1. How would you define dual federalism? When did it dominate American politics?
2. How would you define cooperative federalism? When did it dominate American politics?
3. How does the layer cake/marble cake metaphor apply to these two forms of federalism?
4. What features of the Constitution are relevant in the debate between dual and cooperative federalism?
5. What caused the shift in the 1930s from dual to cooperative federalism?

Check for Understanding: Take this 10 question Quia quiz to see if you understand the differences between dual and cooperative federalism. Remember to put your hour # before your last name (ex. 1Gates)

Once you are finished taking the quiz, please read The Devil in Devolution. We will be discussing this article tomorrow.

Videos for Review:

Federalism: National vs. State Power

ANNOUNCEMENTS:

Homework for Wednesday: Read 58-68 in Edwards.

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Learning Objectives:

CON-2.A: Explain how societal needs affect the constitutional allocation of power between the
national and state governments.

CON-2.A.1: The exclusive and concurrent powers of the national and state governments help
explain the negotiations over the balance of power between the two levels.

CON-2.B.1: The interpretation of the Tenth and Fourteenth Amendments, the commerce
clause, the necessary and proper clause, and other enumerated and implied powers is
at the heart of the debate over the balance of power between the national and state governments

Questions to Consider:
1. What decisions (policy) should be exclusively left to the national government? What decisions (policy) should be exclusively left to the states?

2. How does the Constitution distribute power between the national and state governments? Think about certain clauses, amendments, etc.

Reading: Khan Academy--The relationship between the states and the federal government

Check for understanding: Analyze each scenario and determine which power (Expressed/Delegated, Implied, Inherent, Concurrent, or Reserved) is being used.

__________________ 1. A worker pays federal and state income taxes.

__________________ 2. The United States declares war on Japan.

__________________ 3. A lawyer who wants to practice in Texas must first pass the state's bar exam.

__________________ 4. Toys containing lead are banned from the United States.

__________________ 5. Racial segregation in hotels and restaurants is prohibited by the federal government.

__________________ 6. President Jefferson makes the Louisiana Purchase.

__________________ 7. Missouri decided to set aside 500 acres for a new wildlife reservation.

__________________ 8. Hawaii became a state in 1959.

__________________ 9. A person must be at least 18 to marry without parental consent in Illinois.

__________________ 10. After Hurricane Katrina, the US and Louisiana issue bonds to help pay for the rebuilding of New Orleans.

Videos for Review:

Constitutional Principles

Register for the AP Exam: Must be registered and paid for all AP exams by October 1st!


Homework due Monday: Read and answer the questions from this Annotated Brutus I 

Homework due Tuesday: Read and answer the questions from Federalist 51

CONSTITUTION TEST next Thursday: Constitution Test Review Sheet (must pass to graduate!)

Unit 1 Identification Terms--you should be done with the first section and working on the second section (Constitution)

Review of Checks & Balances Worksheet
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Learning Objectives:

PMI-1.A: Explain the constitutional principles of separation of powers and checks and balances.

PMI-1.B: Explain the implications of separation of powers and checks and balances for the U.S. political system.

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One reason the Constitution has endured for so long and our country has been so successful is the effectiveness of the constitutional principles. These ideas, embodied in the Constitution, are designed to limit power and protect the rights of the people from tyrannical government.

Here are the key constitutional principles:





















In-class check for understanding (GoogleDoc of these examples):

Constitutional Principles

Evaluate and explain what Constitutional Principle (Limited Government, Separation of Powers, Checks & Balances, Popular Sovereignty, Federalism) is illustrated in each of the following examples.

_________________1. Congress passes the Affordable Care Act.

_________________ 2. The Supreme Court upholds the challenge to the Affordable Care Act and rules it constitutional.

_________________ 3. The Department of Health and Human Services begins implementing the national part of the Affordable Care Act.

_________________ 4. States set up their own health care exchange programs for people to buy low cost insurance as part of the Affordable Care Act.

_________________ 5. Two of Missouri’s representative lose their re-election bid after supporting the Affordable Care Act.

_________________ 6. Congress votes to defund (not provide money in the budget) to the Department of Health and Human Services for the Affordable Care Act.

_________________ 7. The national government cannot restrict your religious beliefs.

_________________ 8. Congress proposes an amendment to repeal the 22nd Amendment and it is ratified by the states.

_________________ 9. The President orders a military strike against Syria.

_________________ 10. Congress moves to impeach President Clinton for perjury and obstruction of justice.

__________________11. The police are not allowed in your home without a warrant.

__________________ 12. The citizens of Missouri vote against the Right to Work proposal.

__________________ 13. Only the national government can coin money.

__________________ 14. The president nominated Brett Kavanaugh to the Supreme Court.



Videos for Review: