Welcoming Activity….

Pair …Share….Answers from last night’s homework.

Where do all these laws come from???

What the heck is Federalism?

FederalismOur Constitutional Framework

Federalism

What is it?The division of power between the states and the federal government.

Why is it important to us? It helps creates the essential framework for how laws are created, enforced and interpreted.

A little Constitutional History

Origins of the U.S.A. as a “confederation” of states

The inadequacies of the Articles of Confederation; the need for a stronger federal government

The balancing act: Creating a national government without risking of tyranny?

Four Key Constitutional Principles for

Studying LawLimited Government

Supremacy Clause

Separation of PowersJudicial Review

Four Key Constitutional Principles cont.

Limited Government: The Constitution was designed to

explicitly limit the powers of the federal government and reserve the remaining powers to the states. This means most law is state law.

Supremacy Clause: HOWEVER… if there is a conflict

between a state law and a federal law (as an exercise of power reserved by the Constitution) then the federal law will trump the state law.

Four Key Constitutional Principles cont.

Separation of Powers: To further check the power of the

federal government, the Constitution divided its authority into three branches. Each branch possesses unique powers (balance) and each can overrule some decision of the other. (checks)

Executive

Judicial

Legislative

Separation of Powers Dealing with Law

Legislative: Congress is empowered to write

laws. These are called statutes.Executive:

The President and federal agencies are empowered to enforce the law.

Judicial: Courts are empowered to

interpret the laws.

Executive

Judicial

Legislative

Judicial Review

Defined:“The process by which courts decide whether laws passed by Congress or state legislatures are constitutional.”

Homework

• Read pgs 15-18• Complete Problem 1.8 pg 18• Brainstorm:

How does Federalism establish the framework for all laws in the USA? In other words, how does it organize all the laws in the USA?