federal system

what is the federal system

• bottom up system

  • people have the power

• some power to fed. govt., some to state, some to ppl

example of the people’s power

• voting

• where to live

• which job to choose

• whether to have a family or not

• to start a buisness

federal powers

• post offices

• go to war

• international relations

• military

• trade

• money (creating/establishing currency)

state powers

• guns

• environment

• road construction

• driver/marriage license

• education

• crime in state

shared powers

• taxes (how much ppl have to pay)

• establishing crts

• borrowing/spending money

• make/enforce laws

• eminent domain

conflict 1

• drinking age (didn’t go to crt)

  • fed wanted age to be 21; states though 18 better

    • fed won

conflict 2

• assisted suicide

  • fed → illegal

  • state → legal

    • state won

conflict 3

• environmental issues

  • fed → didn’t want to spend money (do nothing)

  • state → climate change control

    • state won

School tests

• fed → national testing

• state → believed pow of state

  • state won

medical marijuana

• fed → illegal

• state → control use

  • fed won

    • *special case → still can do in states

checks and balances from exec

• exec on leg → prez sign/veto laws

• exec on jud → can remove/appoint justices

  • pardon sentences

checks/balances from jud

• jud on exec → declare acts unconstitutional

• jud on leg → declare laws unconstitutional

checks/balances from leg

• leg on exec → can override prez veto w/ 2/3 majority

  • impeach prez

• leg on jud → impeach/approve prez appointments for sup crt

5 processes

1) federalism

2) separation of powers

3) checks and balances

4) bill to law

5) judicial review

bill to law 1st step

idea for law

bill to law second step

sponsor in congress → tries to get bill into committee agenda (HOPPER)

bill to law third step

appropriate HOR committee discusses bill

bill to law 4 step

Committee votes yes and goes to House Floor (If the committee votes NO, the bill dies, most bills die here)

bill to law 5 step

HOR debates the bill for an hour max and they vote (limited time)

bill to law 6 step

HOR Votes yes and goes to Senate (If they vote NO, the bill dies)

bill to law 7 step

Senate debates an unlimited time or could use FILIBUSTER (unless CLOTURE) and votes

bill to law 8 step

Senate votes yes and goes to the President (If they vote NO, the bill dies)

bill to law ninth step

The President signs the bill into law (Veto the bill, bill goes back to Congress or dies) Bill can be resurrected

how has jud branch changed

• marbury v madison case

  • sup crt gained a lot of power

    • determined a fed law unconstitutional ← set a precedent

• framers wanted leg branch to be more powerful

• leg doesn’t have a check over jud branch

  • except for impeaching a justice

Marbury v. Madison - ppl

• william marbury

• thomas jefferson

• Cheif Justice John Marshall

• Madison

• prez adams

marbury v madison - facts

• marbury promised job by prez adams (when he was prez)

• jefferoson as prez said no

  • tells madison don’t put marbury thru

• no job for marbury

  • marbury mad

  • takes case to sup. court

  • cuz of judiciary act

judiciary act of 1789

• if person promised job by prez is not given job, take case straight to sup. crt

marbury v. madison - ruling

• cheif justice rules judiciary act unconstitutional bcuz sup. crt is an appeals crt

• marbury doesn’t get job

marbury v madison - significance

• sup crt has pow jud review

  • over every law(fed+state)

  • gave sup crt more power = final say