Is our system of Federalism a layer cake or a marble cake?

Master K.K.K.On his newly released album Aryan

Nation, white supremacist rap artist Master KKK includes a track entitled The only good one is a dead one. The lyrics of this song implicitly encourage physical violence against African Americans. In another track, Why didn’t Hitler invade Africa, Master KKK advocates the genocide of the African race. Concerned citizens and state officials in Illinois decide the album is too violent, extremely offensive and ban the sale of it within state boundaries. Master KKK sues claiming his 1st amendment rights have been violated. If you are the judge in the case, how will you side?

The Powers of Government in the Federal System

Several types of powers:– Enumerated powers– Implied powers– Inherent powers– Reserved powers– Concurrent Powers– Exclusive Powers– Denied Powers

Federalism

The philosophy that defines the allocation of power between the national government and

the states.

Enumerated Powers

The powers given to the federal government, and specifically stated in the constitution.Most are given to Congress and stated in Article I section 8.They include the power to:

• lay and collect taxes• provide for the common defense • regulate commerce• coin money• declare war

Implied Powers

Powers that are not specifically stated, but reasonably understood.

Example: Drafting soldiers

Necessary and Proper Clause: Congress shall have the power “To make all Laws which shall be necessary and proper. . .”

Inherent Powers

Powers that are not stated or implied, but belong to the federal government because the United States is a sovereign nation.

Examples: regulating immigration, purchasing new territory.

Reserved PowersIssues not addressed by the Constitution are

reserved to the states.

Example: Education

The Tenth Amendment: "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."

Concurrent Powers

Powers shared by the federal and state governments.

Example: Taxation

Exclusive Powers

Powers that can only be exercised by the federal government.

Example: Declaring war, coining money

Denied Powers

Things the federal and states governments cannot do.

Stated: Cannot favor one port over another. Article I, section 9

Implied: Cannot punish an accused person without a trial. Amendment VI

States only: Cannot declare war.

The Supremacy ClauseArticle VI

“This Constitution . . . shall be the supreme Law of the Land”

Ladder of Laws

1. Constitution

2. Federal Laws and Treaties

3. State Constitutions

4. State Laws

5. Local Laws

Master K.K.K.

On his newly released album Aryan Nation, white supremacist rap artist Master KKK includes a track entitled The only good one is a dead one. The lyrics of this song implicitly encourage physical violence against African Americans. In another track, Why didn’t Hitler invade Africa, Master KKK advocates the genocide of the African race. Concerned citizens and state officials in Illinois decide the album is too violent, extremely offensive and ban the sale of it within state boundaries. Master KKK sues claiming his 1st amendment rights have been violated. If you are the judge in the case, how will you side?

Other cases

As Hurricane Bubba approaches the west coast of Florida, reporters from the Weather Channel rush to the scene to provide on the scene coverage. The governor of Florida issues a mandatory evacuation order of all coastal areas up to 40 miles inland. The reporters are arrested for violating the order. They file suit claiming their 1st amendment rights have been violated.

In an effort to curb teenage violence and crime, the State of Illinois creates a statewide curfew of 12:00 a.m. for anyone under the age of 18 on Fridays and Saturdays. The city of Bloomington takes this one step further by adding a mandatory search of any vehicle the curfew violator is riding in. A Bloomington teen is ticketed for curfew violation and then arrested after the search uncovers a one pound bag of marijuana in a bag in the back seat. The teen files suit claming the curfew is a violation of his 1st amendment rights and the search a violation of his 4th

amendment rights.