Elements of the Constitution Federalism: Constitutional division of power between the national gov’t and state gov’ts. Both get powers from Constitution

Reasons (Cont’d)  More likely to check tyranny: national gov’t has power: states have power (Check; 10 Amendment)  Frees national gov’t to focus on national issues (Foreign Diplomacy, Defense, Trade, etc.)  Frees state from excessive intrusion  Encourages experimentation (legalized gambling; medicinal marijuana; recreational marijuana; health care requirement)

Reasons (Cont’d)  Popular Sovereignty: Direct Election Keeps gov’t closer to the people; multiple points of access for ordinary citizens

National Powers Expressed (enumerated)  Collect Taxes, Regulate Commerce, Coin Money, Raise Army, Declare War, Borrow Money Implied (not stated; “elastic clause” )  Levy Income taxes  Establish Federal Agencies (FBI, IRS, Federal Reserve)  Establish National Bank (McCulloch v. Maryland, 1819)

National Powers (Cont’d)  Congress: “To make laws that are ‘ necessary and proper ’ for carrying into execution the foregoing powers”  (Art I, Sec. 8) Inherent: not stated explicitly, but held by the national gov’t by virtue of it being national gov’t (protecting borders, regulating immigration)

State Powers: reserved  10 th Amend: states any powers not granted to the nat’l gov’t are reserved for the states  Examples: establish voting requirements, running elections, licensing professionals, protecting community health, establish a vehicle code

Concurrent Powers  Granted Congress, but not denied by Constitution to states (given to both)  Examples: taxing, borrowing, establishing court system, law enforcement  Questions of fed./state authority are decided by courts

National Supremacy (Art. VI) National Gov’t supreme in cases of Conflict

Obligations to the state  Guarantee each state a republican form of gov’t  Protect each state against invasion or domestic violence

Obligations of state gov’ts  Full Faith and Credit Clause: Each state must honor public acts, records, legal proceedings of other states (birth certificates, marriages, and debts)  Mass Supreme Court legalized gay marriage(2004)  However, in 1990’s Congress passed Defense of Marriage Act, which allowed each state to define marriage as union of man/woman

Obligations (cont’d)  Privileges and Immunities Clause  States can’t discriminate against other citizens  Extradition: Governors must return suspects to states where crimes were committed  Interstate Compacts require consent of Congress

The Supreme Court  Where does the Court get its power?  From the principle of “judicial review”  Established in Marbury v. Madison (1803)  Supremacy Clause (Art VI) – Court established the power of Constitution in McCulloch v. Maryland (1819)

5 Sources of Information (to decide cases  1. Text/Wording of Constitution  2. Original Intent: What were they trying to achieve  3. Court precedent: Previous Rulings  4. Impact on Society  5. Basic Moral/Ethical Values