FEDERALISM THE NATIONAL GOVERNMENT AND THE 50 STATES

McCulloch v. Maryland (1819) Maryland tries to tax Banks of the US Maryland Claimed Bank Unconstitutional Court Ruled: Congress has Implied Powers “Necessary and Proper” When Fed. and State Laws contradict Fed. Law is supreme

“The growth in federal programs has… made the federal government ‘more pervasive, more intrusive, more unmanageable, more ineffective, and costly, and above all, more unaccountable” – Ronald Reagan (1982) Conservative or liberal?

Nation’s Obligations to the States 1.Guarantee of a republican form of government  Constitution does not define  Republic – government by the people thru elected officials

Nation’s Obligations to the States 2.Protection against invasion and Domestic violence  An attack on one, met as an attack on all (50 states)  Use of federal force to restore peace in states is rare Riots Detroit (1967) Little Rock (1957)

Respect for Territorial Integrity 1.National government must recognize legal existence and physical boundaries of each state  States boundaries cannot change without its consent  Upper Penn.

Admitting new states 1.Admission procedure  Enabling Act –congress directs state to write constitution  Act of Admission – if congress accepts constitution 2.Conditions of admission  all states enter on equal footing with other states

Cooperative Federalism 1.Federal grants-in-aid  Categorical and conditional  Blurs division of powers 2.Block grants  To state & local governments w/ fewer strings attached 3.Revenue sharing  No strings attached  Fell under Reagan admin.

FEDERALISM INTERSTATE RELATIONS

Interstate Compacts  States cannot enter into treaties or alliances, but…  They may enter into agreements among themselves

Full Faith and Credit “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state” – Article IV, Section 1  Examples: Driver’s license Marriage certificates  Exceptions: Only in civil, not criminal, matters Divorces (quickies)

Extradition  A fugitive from justice in a state is returned to that state from another  Usually routine  On occasion there were racial or political overtones  Federal courts can order a reluctant governor to return a fugitive

Privileges and Immunities “The citizens of each state shall be entitled to all privileges and immunities of citizens of the several states” – Article IV, Section 2, Clause 1 & 14 th Amendment  No state may draw unreasonable distinctions between its own residents and those of other states  Reasonable? Fishing license – higher cost

Issue Relate to Supremacy Clause Medical Marijuana Michigan Trash Auto Emissions Same Sex Marriage Federal Law v State Law Federal Treaties: trash from Canada Privileges & Immunities Clause: trash from other states Ladder of Laws U.S. Constitution U.S. Laws & Treaties State Constitutions State Laws (statutes) Local Laws (ordinances) States may establish higher standards than Federal Government. Federal government works w/ states. Full faith & Credit Equal Protection (14 th )

Check Your understanding Regulating elections is which type of power? Who does the regulating? How were poll taxes eliminated? Why did it have to happen this way? Regulating drugs/providing for law and order is which type of power? If NC passed a medical Marijuana Law would the federal government be able to interfere (arrest people who were carrying marijuana and following the NC law)? Why would the federal government be able to do this? Regulating schools is which type of power? Which level of government has this power? Why can the federal government make school laws?