TCI 9.7 The Federal System Connects the Nation and the State

TCI 9.7 The Federal System Connects the Nation and the State

Article I of the Constitution gives the national government sole authority to print and coin money. This means that the states cannot print their own.

The framers of the Constitution wanted a strong national government, but they also wanted the states to keep significant powers.  They accomplished both goals by creating a federal system of government in which power is shared between the national and state governments.

Multiple Choice

Why did the framers establish a federal system of government for the United States?

• The framers wanted the states to have much stronger governments than the national government.

• The framers wanted people to have no say in the government.

• The framers wanted things to go back to the way things were before the Revolutionary War.

• The framers wanted a strong national government. At the same time, they wanted the states to have significant powers.

Powers Belonging to the National Government

The Constitution gives some powers only to the national government. In general, these are powers best exercised by one central authority, such as declaring war and making treaties. The Constitution also says that only the national government can print and coin money since the framers had learned from experience that separate state currencies made no sense.

Multiple Choice

True or False:

The Constitution give some powers only to the national government.

• True

• False

Multiple Select

Click on all the powers that only the national government have.

• printing money

• declaring war

• issuing a driver's license

• coining money

• making treaties

Similarly, Article I gives Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ”  Known as the Commerce Clause, this provision gives the national government the power to regulate interstate commerce.  For example, under the Articles of Confederation, many states tried to protect their own industries by taxing goods imported from other states, threatening interstate trade.  The Commerce Clause prevented this and made the entire United States a common market, or free-trade zone.

Multiple Choice

Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations

• Establishment Clause

• Commerce Clause

• Supremacy Clause

• Necessary and Proper Clause

There were several advantages to giving states a common market and common coinage. First, goods and resources could flow more easily across the country, which is important because different regions do different things well. New Englanders might be very good at making cloth, but their region is not good for growing cotton, while Southerners might have lots of cotton but few factories for turning it into cloth. Making interstate trade easier for cloth makers and cotton growers helps both businesses thrive.

Second, the common market made it easier to create large businesses that crossed state lines. This was very important to companies like those that built the nation's railroads in the 19th century.

Third, the common market helped to create a single national economy. Under the Articles of Confederation, it was almost as if the country had 13 small economies. These could never have grown as diverse or powerful as the U.S. economy did.

Notice that the Commerce Clause also gives the national government the right to regulate trade with Indian tribes.  In effect, the Constitution treats native tribes as foreign governments, and relations with these “nations within a nation” are the responsibility of Congress, not the states.

Multiple Select

What 3 advantages are there to having the states share a common market?

• Goods and resources could flow more easily across the country.

• States can tax each others goods and make more money.

• Large businesses could cross state lines.

• The common market also helped to create a single national economy.

Powers Belonging to the States

 The Constitution does not spell out specific powers of the states, but instead says that the states retain, or keep, any powers that are not given to the national government. For instance, the Constitution says nothing about schools, marriage, establishing local governments, licensing doctors and lawyers, or most crimes. The states make the laws in these areas of life as long as it does not interfere with rights spelled out in the Constitution.

Article IV (4) of the Constitution does, however, outline the responsibilities of states to each other and says that each state must give “full Faith and Credit” to the laws and court decisions of other states, which means accepting other states' laws and court decisions as legal. For example, a driver's license issued in one state is legal in every state. Similarly, states must obey legal contracts that people have made in other states. Like the Commerce Clause, the Full Faith and Credit Clause brings stability to business dealings. States are also required to help each other track down fleeing criminals, so criminals cannot escape justice by fleeing to another state.

Multiple Choice

which Article of the Constitution makes sure that states share their privileges and immunities of members of its own state to members of other states?

• I (1)

• III (3)

• IV (4)

• X (10)

Finally, the Constitution does not allow one state to discriminate unreasonably against a citizen of another state.  A state may not, for example, refuse to let a child who was born in another state attend its public schools.

Multiple Choice

Is issuing a marriage license a power held by the federal government or the state government?

• federal government

• state government

Multiple Choice

Is setting up schools a power held by the federal government or the state government?

• federal government

• state government

Shared Powers

Federal and state governments also share some powers. For example, both levels of government can collect taxes, build roads, borrow money, and regulate education.

If you think  federalism , or the sharing of power, sounds complicated, you are right.  During presidential elections, Congress sets the date for national elections, while the states register voters and run the elections.  States count the ballots, while the national government organizes the Electoral College vote, which determines who will be president.

federalism: the constitutional system that shares power between the national and state governments

Multiple Choice

The division of power between a central government and state governments is called

• The United States
• the Supremacy Clause
• the Necessary and Proper Clause
• federalism

Federalism is also complicated because the Constitution provides only a general framework for the sharing of powers.  There was no way for the framers to spell out rules for every possible situation.  The federal system continues to evolve through new laws, court decisions, and constitutional amendments.

The Law of the Land

Americans may disagree about how to interpret the Constitution, but they may not ignore it. Article VI (6) states that the Constitution and the laws flowing from it are the “supreme Law of the Land,” which means that a state's constitution, laws, and judicial decisions must agree with the Constitution and must not conflict with any other federal laws or treaties. In addition, everyone who holds a state or federal office must promise to support the Constitution.

Multiple Choice

What does Article VI (6) establish?

• The Constitution and the laws flowing from it are the “supreme Law of the Land,”

• How to amend the Constitution

• How to ratify the Constitution

• Relationships between the states

Multiple Choice

What is the Supreme Law of the Land?

• Declaration of Indep
• The Bible
• Articles of Conderation 
• The Constitution