Federalism, State and Local GovernmentStudents will understand and be able to explain the principles, functions, and organization of federal, state, and local government focusing on and interactions and relationships with various levels of government and the obligations and services provided to its citizenry.

FederalismGoals:Students will define the system of federalism.Students will analyze how federalism limits government power.Students will compare concurrent powers, enumerated powers, reserved powers, and delegated powers as they relate to state and federal government. Students will analyze the issues related to the Tenth Amendment of the U.S. Constitution.

Which statement describes a similarity between the state and the federal governments under the U.S. Constitution?A. Both levels of government allow for the election of judges.

B. Both levels of government have the power to ratify treaties.

*C. Both levels of government allow for the collection of taxes.

D. Both levels of government have the power to appoint ambassadors.

Powers and Responsibilities The powers and responsibilities of the

federal government revolve around issues that impact…

THE ENTIRE COUNTRY!The powers and responsibilities of the

state government revolve around issues that impact…

The state and issues that the federal government does not oversee.

Powers and ResponsibilitiesConcurrent powers are powers that the

federal and state government _______________ because there are issues that both the federal and state governments have to deal with.

Concurrent powers are shared powers between the federal and state governments.

The powers and responsibilities of local government revolve around issues that impact…

The community, public safety, and utilities.

Citizens in your community have been asking questions and they aren’t sure which level of government they should approach to have their questions answered.

Your task is to identify the level of government (local, state, and/or federal) that would be in the best position to satisfy or resolve each of the questions on the list.

For each question on the list, place it on the “Analyzing Functions of Local, State, and Federal Government” activity sheet and most importantly, you need to be able to explain why you chose the level of government for each question.

“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” – James Madison

Brainstorm and write a response to the following questions: What conclusions can you make about James Madison’s view on state and federal government powers? What evidence from the quote led you to this conclusion?

DiscussionWhy is it important for citizens to know the

powers and responsibilities within each level of government?

Why do you think different levels of government are responsible for different things?

What would be different if there was only a federal (national) government and no state or local entities? Or vice versa?

Articles of ConfederationThe government looked

very different before the U.S. Constitution was in place.

The government organized under the Articles of Confederation was a loose association of states that was organized for limited purposes such as defense.

The Articles of ConfederationThe separate state governments were

stronger than the national government, which led to a lot of problems for the new nation.

Most of the founders of the U.S. wanted a stronger national government, they worried about giving the government too much power.

The issue of balancing power was a core debate when creating the U.S. Constitution.

FederalismFederalism: a system

of government in which power is divided and shared between national, state, and local government.

Federalism is a core democratic principle of our government.

FederalismIn a federal system,

the power of the government is distributed to different levels of government: national, state, and local.

The national government is also referred to as the federal government.

FederalismThe power that each government level has

relates to the types of issues each level has the power to deal with. For instance, the federal government has the power to handle issues the entire nation is concerned about. The state governments have the power to handle issues that concern citizens of particular states. Similarly, local governments have the power to address issues that concern citizens in towns and cities.

Delegated/Enumerated PowersThe federal government is a government of

delegated powers. Delegated powers are also known as enumerated powers. In other words, the federal government only has those powers that the people have given it in the U. S. Constitution.

In Article I, Section 8, of the U.S. Constitution the powers listed in this section are the powers delegated to Congress.

The 10th Amendment: Reserved PowersState powers are referred

to as the reserved powers. The states have the powers that are not granted to the federal government in the U.S. Constitution.

The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states.

Reserved PowersThe amendment says that the federal government

has only those powers specifically granted by the U.S. Constitution.

According to the 10th amendment, any power not listed is left to the states or the people.

Although the amendment does not specify what the state powers are, the U.S. Supreme Court has ruled that laws affecting marriage, divorce, adoption, commerce that occurs within a state’s borders, and local law enforcement are among the powers specifically reserved to the states or the people.

Concurrent PowersPowers that are shared by the federal and state

governments are called concurrent powers. For example, the federal and state governments both have the power to tax.

DiscussionHow do the delegated powers in Article I,

Section 8 and the Tenth Amendment compare? What do you notice about how the powers are described?

What might be some effects from the way both are written?

Why do you think the framers of the U.S. Constitution listed specific powers for the federal government and not for the states? How and why are the powers of the federal government limited?

Let’s determine if a federal, state, or concurrent power is being expressed…After Superstorm Sandy in October 2012, President

Obama worked with Governor Chris Christie of New Jersey and pledged federal support to help repair the massive storm damage throughout the state. What is this an example of? CONCURRENT

Each state has its own rules and regulations for obtaining a teaching certificate. If a teacher living in Florida would like to move and teach in Texas, he or she would need to pass one or more exams in order to be certified to teach in Texas. What is this an example of? RESERVED

The state of Montana borders Canada. If a conflict occurs between Montana and Canada, can Montana declare war on Canada? Why or why not? What is this an example of? DELEGATED (Only Congress can declare war! Art. 1, Sec. 8)

The Supremacy ClauseWhat happens if a state or local government writes a

law which conflicts with the U.S. Constitution or a national law?”

The U.S. Constitution is the supreme law of the land and that a state or local government cannot make laws that conflict with the U.S. Constitution or with laws passed by Congress. This is because of the Supremacy Clause in Article VI of the Constitution.

Federal, State, and Local Powers and ServicesI. Federal Government – The federal government is the organization through

which political authority is exercised at the national level, it is the government of the United States.

Federal Powers – The federal powers are the powers listed in the U.S.

Constitution and the ones necessary for the federal government to function. a. Delegated powers – Delegated powers are the specific powers assigned to the

federal government. b. Expressed powers – Expressed powers are the powers listed in the U.S.

Constitution.

c. Implied powers – Implied powers are not written in the U.S. Constitution but they

are the powers that are necessary and proper in order for the federal government to

carry out the expressed powers. d. Inherent powers – Inherent powers are not listed in the U.S. Constitution but they

are the powers necessary for the federal government to function.

Federal ServicesSummary of Services – The services

of the federal government are to protect, assist or manage issues that are of interest or concern of the entire country. For example, the federal government provides post offices and money, manages relationships with other countries and between states, determines naturalization laws and supports a military.

Federal, State, and Local Powers and ServicesII. State Government – The state government is the organization

through which political authority is exercised at the state level; it is the government of a specific state.State Powers – The state powers are the powers not listed for the

federal government in the U.S. Constitution and the powers necessary for the

states to function. a. Reserved powers - Any power that is not given to the federal government is

given to the state governments. Summary of Services – The services of the state governments are to

protect and regulate issues that impact the entire state. States provide

regulations for local government services, grant business licenses, driver’s licenses and teaching certificates and provide public safety through police, fire and highway safety.

Federal, State, and Local Powers and Services

III. Concurrent Powers – Concurrent powers are

powers that belong to the federal and state governments. Examples: collect taxes, build roads, borrow money,

establish courts, make and enforce laws, spend money for the general welfare, charter banks and corporations

IV. Local Government – Local government is the

governing body of a municipality or county.Local Powers – Local powers are given to local

governments by state governments.

Summary of Services – Citizens come in contact with many local governments services on a daily basis. Local governments provide police and fire protection, build roads, create parks, utilities and recycling.

Federal, State, and Local Powers and Services

The Venn diagram below shows some services provided by state and local governments.

Which service completes the Venn diagram?

A.regulating taxicabs

B.creating a police force*

C.regulating savings banks

D.issuing driver licenses

Station 1: Article I: Section 8You are going to look closely at the powers

listed for the federal government in order to understand how the powers become services for citizens.

Read each excerpt with your teammates and describe the meaning.

On the back, explain the following: How do the powers of this level of government translate into services for the country? What is the impact of these services on citizens’ lives?

Station 2: State and LocalLook at the “State and Local

Government Functions & Services” reading

Read the passage with your teammates. On the back of your sheet, using what

they have read, write 2 paragraphs summarizing state and local services and explain how they impact citizens’ lives.

Station 3: Pin the Power!In your team, deliberate and decide whether each

power or service is at the federal level, state level, or both.

Pin the power up on the Venn Diagram.Then as a team, come to consensus and fill in your

own Venn Diagram (Delegated/Enumerated, Reserved, or Concurrent)

On your Venn Diagram, use evidence from your text to justify your answer…

(e.g.The federal government has the power to declare war. It is delegated in Article I, Section 8.)

Station 4: Current Events ResearchReview your instructions and guidelines for

your current events assignment. Do some research and choose your event. Complete your assignment to turn in on

Friday!

Station 5: Concept MappingUsing the text we will create concept maps

for the powers and services at each level.Concept maps will give a visual

representation of vocabulary and allow for deeper understanding.

We want to go beyond memorization and be able to identify terms in context.

Application of terms using real life examples.

Which statement completes the diagram?A.Joining a Military ServiceB.Obtaining a Driver’s LicenseC.Becoming a Naturalized CitizenD.Receiving a Social Security Card

Obligations and Services

The federal government and state and local governments in the U.S. are obligated by the U.S. Constitution, state constitutions and local charters to provide services to people living within their jurisdictions. The obligations and services provided by each level of government speak to the role that these governments play in citizens’ lives

Federal government’s obligations and services to the peopleArticle I, Section 8 of the U.S. Constitution outlines the

powers of Congress. These powers of Congress list the federal government’s obligations to the people.

The opening phrase of Article I, Section 8 demonstrates the obligations and services that the federal government is obligated to provide:

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States…”

Federal government’s obligations and services to the peopleArticle I, Section 8

enumerates (lists) the powers of Congress.

The final clause of this section (18) extends to Congress whatever powers it needs to carry out the enumerated powers listed up to that point in the section.

The “elastic clause” is shown here: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Together, the terms that are used to describe federal powers are: delegated, enumerated and expressed. All of these suggest that powers used to fulfill federal obligations are limited.

However, the fact that Congress may do what it believes it needs to in order to fulfill its obligations suggests that Congress’ powers are not as limited as Article I, Section 8 would suggest.

Implied and inherent powers are federal powers not specifically listed in the Constitution.

Federal government’s obligations and services to the people

The State of Florida is obligated to provide specific services to individuals living in Florida.

These services include public safety, law enforcement, health services and education.

Florida’s obligations and services are granted through the Tenth Amendment which reads as follows:

“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.”

The state government’s obligations and services to the people

The state government’s obligations and services to the people

As indicated by the Tenth Amendment, the states have “reserved” powers, which are powers that the state governments have to fulfill their obligations and services.

The powers reserved to the states are not limited; states may do what they want as long as they are not forbidden from doing so by the federal government.

The Florida state government has the highest authority over local government affairs, as defined by the U.S. federal system.

Local governments, counties and cities, are sections of the state government. They may not pass laws that conflict with state laws.

The local government’s obligations and services to the peoplePublic safety is a key

responsibility of local government that provides law enforcement, fire protection, animal control and protection, and code enforcement.

One of the most important safety services provided by city and county government is police protection and law enforcement. City police officers and county sheriffs are responsible for enforcing federal, state and local laws.

In the event of a declared emergency, local law enforcement authorities are obligated and empowered to enforce all orders, rules and regulations issue pursuant to the state Emergency Management Act.

Public safety also includes fire protection, building inspection, code enforcement, animal control and protection, and emergency medical and rescue services.

The local government’s obligations and services to the people

The local government’s obligations and services to the peoplePublic services are basic city services

that include transportation and public works, sanitation, solid and liquid waste management, air quality management, toxic and hazardous waste disposal, storm water management, parks, public recreational services, libraries, water purification, wastewater (sewage) treatment, cable television, airports, ports, harbors, public cemeteries, golf courses, public housing assistance, and electric or gas utilities.

Counties must carry out constitutionally mandated responsibilities and those established by the state. County-level constitutional services include law enforcement and jail administration, tax collection, property appraisal, state court administration and supervision of elections.

Counties are also charged with road maintenance, public health, solid waste disposal and other environmental responsibilities. Elected county officials determine other county services.

The local government’s obligations and services to the people

Each county has its own school district that has elected boards that govern the day-to-day operations of K-12 public education. School districts are a special-purpose local government. Funding is provided through property taxes and state revenues.

The local government’s obligations and services to the people

Sharing obligations, services and powersFederal, state and local governments share

responsibility to provide for the general welfare.

In order to fulfill these responsibilities, governments are extended powers, some of which are limited by the U.S. and state-level constitutions.

Federal obligations and services extend to all Americans no matter the state in which they live while state obligations and services are provided to all who live within that state’s borders.

Sharing obligations, services and powers

Concurrent powers are powers that are shared between and among the federal, state and local governments.

For example, both the federal and state governments have the power to tax while both the federal and state governments are obligated to provide public services, such as health and medical care.

STATION 1: Excerpts from Article 1, Section 8 of the U.S. ConstitutionDirections: For each excerpt of Article I, Section 8, summarize the text in your own words.What it says: What it means: SECTION. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

the power to set taxes, tariffs and other means of raising federal revenue, and to authorize the expenditure of all federal funds

To borrow Money on the credit of the United States; The federal government borrows money by issuing bonds. This creates a national debt, which the United States is obligated to repay.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

allows Congress to regulate business activities "among the states."

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Establish rules for naturalization or immigrants becoming citizens

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Coin money

To establish Post Offices and post Roads; Establish post officesTo constitute Tribunals inferior to the supreme Court; Create courts below the Supreme

CourtTo declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Declare war

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Create and support an Army

To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;

Create and support a Navy

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Congress can create laws that are necessary and proper to carry out their powers

Station 2: State and Local SummariesThe services of the state governments are to

protect and regulate issues that impact the entire state. States provide regulations for local government services, grant business licenses, driver’s licenses and teaching certificates and provide public safety through police, fire and highway safety. Citizens come in contact with many local governments services on a daily basis. Local governments provide police and fire protection, build roads, create parks, utilities and recycling.

Station 3: Powers and Services Venn Expressed, Implied & Inherent Powers

Print money

Regulate trade between states

Make treaties and conduct foreign policy Declare war

Provide an army and navy

Establish post offices

Make laws that are necessary and proper to carry out these powers

Concurrent Powers Collect taxes

Build roads

Borrow money Establish courts

Make and enforce laws

Spend money for the general welfare

Charter banks and corporations

Reserved Powers Issue licenses

Regulate business within a state Conduct elections

Establish local governments

Protect the public health and safety

May use any powers that the Constitution doesn’t delegate to the national government or deny to the states