11 Article I Section 9&10Article I, Section 9 specifically prohibits Congress from legislating in certain areas.Article I, Section 10, limits the power of the states.
12 Debate cont’ Nullification Dual Federalism Definition: states had the right to declare null and void a federal law that they believed violated the ConstitutionAuthors: James Madison (Virginia Resolutions), Thomas Jefferson (Tennessee Resolutions), and John C. CalhounQuestion settled by the Civil War: the federal union is indissoluble, and states cannot nullify federal law; position later confirmed by the Supreme CourtDual FederalismDefinition: both national and state governments are supreme in their own spheres, which should be kept separate.Example: interstate versus intrastate commerceEarly, product-based distinctions were unsatisfactoryStill, the Supreme Court does seek some distinction between what is national and what is local, although it is not entirely consistent in its support of state sovereignty
13 Dual v CooperativeWhat are some services provided by the federal government?What are some services provided by the state government?What services do local governments provide?
14 Dual v Cooperative Dual: Cooperative: Pre national govt dominance Each remain supreme w/in their own spheresLayer Cake AnalogyPowers of National Govt interpreted narrowlyCooperative:Share responsibilities for public policyMarble Cake AnalogyMingled resp. and blurred distinctionsHistorically starts w/ New Deal, Great SocietyInvolve shared costs, federal guidelines, shared administration
15 State SovereigntySupreme Court has strengthened states’ rights in several recent casesUnited States v. Lopez (1995), guns in schoolsUnited States v. Morrison (2000), overturned Violence Against Women Act of 1994, stating that attacks against women do not substantially affect interstate commercePrintz v. United States (1997), background checks on gun purchasersSupreme Court has also strengthened the Eleventh Amendment, protecting states from suits by residents of other states or citizens of foreign nationsAlden v. Maine (1999), compliance with federal fair-labor lawsFederal Maritime Commission v. South Carolina Ports Authority (2002), states did not agree to become mere appendages of national government
16 Eleventh AmendmentThe amendment specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country. Protecting states from certain types of legal liability is a concept known as “sovereign immunity.” (immune from being sued in federal court without their consent).Hans v. Louisiana(1890) extended the sovereign immunity, barring suit even by citizens of that defendant state. Although other states and the federal government could still bring action against the state.Result: States became immune to federal law, since private parties could not sue.Stripping doctrine: private parties can sue state officers in their official capacity for injunctive relief.Eleventh Amendment - The MeaningAfter the U.S. Supreme Court ruled in 1793 that two South Carolina men could sue and collect debts from the State of Georgia, states-rights advocates in Congress and the states pushed for what became the Eleventh Amendment in The amendment specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country. Protecting states from certain types of legal liability is a concept known as “sovereign immunity.”The amendment did not bar all lawsuits against states in federal courts. For example, as initially interpreted, the Eleventh Amendment did not bar suits against states when a matter of federal law was at issue nor did it prevent suits brought against a state by its own citizens. But more recently, a divided Supreme Court has held that states are immune from all lawsuits in federal courts unless they specifically agree to be sued.
17 State Sovereignty cont’ But not all decisions have supported state sovereigntyState can do what is not prohibited by the Constitution or preempted by federal policy, even if it is consistent with its own constitutionPolice power—generally recognized; refers to those laws and regulations, not otherwise unconstitutional, that promote health, safety, and morals.Protections for the states in the ConstitutionNo state can be divided without its consent.Two senators for every stateEvery state assured of a republican form of government.Powers not granted to Congress are reserved to the states.Cities, towns, and counties have no such protections.They exist at the pleasure of the state government, so there is no struggle over sovereignty (Dillon’s Rule)See the Politically Speaking box: The Terms of Local GovernanceCurrent conflicts are mostly over federal grants or federal mandates, which require states to meet certain standards before they can receive federal funds.
18 The Granger Collection At one time the states could issue their own paper money, such as this New York currency worth 25 cents in Under the Constitution, this power was reserved to Congress. p. 55
20 Who wins?????V.But where does the national govt’s boundaries end????
21 Advocates of a strong national govt say….. Supremacy Clause!(Article VI, Section 1, Clause 2. This clause asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as "the Supreme Law of the Land”)
22 10th AmendmentAdvocates of state’s rights believe this means the national govt has only those powers specifically assigned by the constitution10th Amendment: Any power not listed, says the Tenth Amendment, is left to the states or the people.Review terms expressed and enumerated ; Go over 10th amendment
23 What would Georgia do????Jack and Jill got married in Maine and moved to GA for the weather. Are they still married?Susie gets her driving license in Texas. Can she get pulled over in GA for not having a GA license?Yes, Full Faith and Credit ClauseNo, Full Faith and Credit ClauseGo over Article IV with students as do this….full faith and credit: section 1: requires each state to recognize the official documents and civil judgments rendered by the cts of other states…..Defense of Marriage Act permits states to disregard gay marriages
24 Article IVSection 1 ensures that states respect and honor the state laws and court orders of other states, even when their own laws are different.Section 2 guarantees that states cannot discriminate against citizens of other states.Section 3 Congress can admit new states into the Union, but a single state cannot create a new state within its boundaries.Section 4 The section also gives Congress the power (and obligation) to protect the states from an invasion by a foreign country.
25 What would Georgia do????John Dillinger is fleeing Indiana after robbing banks and has made it down South to GA. The officials know where he his.Return him to Indiana…..ExtraditionGo over Article IV with students!!! ; extradition: section 1, legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed
26 What would Georgia do????Sam is visiting Atlanta from New York and has to pay 7% sales tax (he’s not to happy since New York does not have this….). Does he have to pay?Yes, Privileges and ImmunitiesGo over Article IV with students!!! Section 2, according citizens of each state most of the privileges of citizens of other states; police protection also; exceptions colleges, voting
27 Federalism ALSO involves relationships among states Article IV….Federalism ALSO involves relationships among states
28 Is Federalism Good or Bad? So what is Federalism?Is Federalism Good or Bad?
29 Figure 3.1 Lines of Power in the Federal System of Government Federalism: a political system with local government units, as well as a national government, that can make final decisions regarding some governmental activities and whose existence is protectedLocal governments are able to make decisions on at least some matters without regard to the preferences of the national government.Examples of federal governments: United States, Canada, India, Germany, Switzerland, Australia
30 Governmental Structure Special protection of sub national governments in federal system due to:Constitution of countryHabits, preferences, and dispositions of citizensDistribution of political power in societyNational government largely does not govern individuals directly, but compels states to do so in keeping with national policy.