Federalism
What is federalism?
A system of government where power is divided between a national (federal) government and state governments
What does the 10th Amendment say?
Powers not given to the federal government belong to the states or to the people
Name one service provided by local government.
Police, fire department, trash collection, libraries, parks, roads
Name one similarity between the U.S. and Florida Constitution
Preamble, 3 branches, protection of individual rights
What are concurrent powers?
Powers shared by both federal and state governments (e.g., collecting taxes, making laws)
Name one advantage of a federal system of government.
It balances local sovereignty with national unity / protects against authoritarianism / keeps government closer to the people
Name two powers reserved to the states under the 10th Amendment.
Education, marriage/divorce laws, local law enforcement, driver's licenses, state court
Name one service provided by state government.
Public schools, driver's licenses, state parks, state courts, highway maintenance
What is the difference between the U.S. Constitution and Florida's state laws?
The U.S. Constitution is the highest law and applies to all states; Florida state laws apply only to Florida and must follow the U.S. Constitution
Why do we need both state and federal governments?
Federal government handles issues that affect the whole nation; state government handles local issues; this balance protects liberty and solves problems efficiently
How does federalism protect liberty and freedom?
Power is divided so no single government becomes too powerful; local governments can address local needs while the national government handles national issues
What is Article IV of the U.S. Constitution about?
The relationship between state and national governments / the powers and duties of states
Explain the government obligations to its citizens and why different levels provide different services.
Governments must provide services that protect people and improve quality of life; different levels handle different services based on what affects their area
Can Florida's constitution give citizens more rights than the U.S. Constitution?
Yes, as long as those rights do not conflict with the U.S. Constitution / Florida can provide additional protections beyond what the U.S. Constitution guarantees
What is the name given to the article that protects citizen's rights in the U.S. Constitution and Florida's Constitution?
Bill of Rights and Declaration of Rights
How does federalism compare to a unicameral system of government?
Federalism distributes power allowing for checks to occur between the various levels. Helps to prevent a dictatorship/abusive government from forming.
How does Article IV describe the relationship between state and national governments?
States have their own governments and powers, but must follow the U.S. Constitution; the national government has certain powers
Why is local government important even though the federal government is powerful?
Local government handles everyday services, is closer to the people, and allows communities to solve their own problems
Why does Florida have its own constitution if the U.S. Constitution is supreme?
Florida's constitution provides additional protections and rules specific to Florida / it outlines Florida's state government structure / it can grant more rights than the U.S. Constitution but cannot take away rights
Why does Florida have its own constitution if the U.S. Constitution is supreme?
Florida's constitution provides additional protections and rules specific to Florida / it outlines Florida's state government structure / it can grant more rights than the U.S. Constitution but cannot take away rights
Explain how implied powers expand federal authority beyond what is explicitly written in the Constitution.
Implied powers allow Congress to pass laws necessary and proper to carry out enumerated powers (Necessary and Proper Clause). This gives the federal government flexibility to address new situations (e.g., creating a national bank to manage federal finances).
How do implied powers (Necessary and Proper Clause) interact with the 10th Amendment?
Implied powers allow the federal government to take actions necessary to carry out enumerated powers, which can expand federal authority beyond what is explicitly written. The 10th Amendment protects state powers in areas where the federal government has no constitutional authority. When the federal government uses implied powers validly, the 10th Amendment does not protect state powers that conflict with those implied powers.
A state draws voting district lines in a way that critics say discriminates against minorities. The federal government says this violates the Voting Rights Act and tries to block it. The state argues that drawing district lines is a reserved state power.
Based on the above scenario, answer the following:
1) What powers are being exercised?
2) Who is in the "right" in this scenario?
Redistricting is primarily a state power (reserved)
The federal government can override if redistricting violates the Voting Rights Act (delegated federal power to protect voting rights)
Compare and contrast the amendment process include in the federal constitution and Florida's constitution.
proposal: two-third congress
approval: three-fourths state legislators
proposal: commission review, constitutional convention, or citizen petition
Approval: 60% voter ratification
The federal government passes a law that conflicts with a state law. Which law prevails, and why?
The federal law prevails because of the Supremacy Clause in the U.S. Constitution, which makes federal law supreme over state law. This prevents states from undermining national policy.