Federalism

Central issue: Where is the sovereignty?

Framers used “divide and separate” principle Separation of powers Checks and balances Federalism

The known models for Framers at Philadelphia…

13 States Created National Government In Philadelphia most states agreed that the national government under the Articles of Confederation was too weak. In Philadelphia most states agreed that the national government under the Articles of Confederation was too weak. They delegated some of their powers under the Articles to the new national government. They delegated some of their powers under the Articles to the new national government.

Now.. The National Government… Had new delegated powers… Had new delegated powers… While states had reserved powers of their own. While states had reserved powers of their own.

Tenth Amendment Powers not delegated to the national government or denied to states are reserved to the states or to the people.

Article V1: Section 2: Supremacy Clause gives precedence to… U.S. Constitution U.S. Constitution U.S. statutes (laws) U.S. statutes (laws) Treaties with foreign nations or tribes Treaties with foreign nations or tribes

Article IV, Section 2: Comity clause Each state must grant privileges and immunities to citizens of all states. Each state must grant privileges and immunities to citizens of all states.

Exceptions to comity principle: Privileges, including Hunting licences Hunting licences Driving licences Driving licences Fishing licences Fishing licences

Reserved Powers This oval represents all the power states reserved for themselves. This oval represents all the power states reserved for themselves.

Some of those reserved powers are called police powers.

Police powers allow states to regulate…. Health Health Education Education Safety Safety Welfare Welfare And, Morals And, Morals

In other words… Health Health Education Education Safety Safety Welfare Welfare Morals Morals

The Federal (NATIONAL) government provides services, law, and order on federally-owned lands in the states!

Federal lands include… Lands never sold to private owners Lands never sold to private owners Federally-owned grasslands Federally-owned grasslands Federally-owned forests Federally-owned forests Federally-owned historic parks Federally-owned historic parks Tribal lands under federal laws Tribal lands under federal laws Infrastucture Infrastucture

State-owned lands include…  State-owned grasslands  State-owned forests  State-owned parks  State historic sites  Infrastructure

One third of Montana land is owned by the national government or tribes. Another chunk is owned by the state, itself.

Modern Consequences of Federalism

1996 Defense of Marriage Act v. Hawaii Supreme Court constitutional amendment constitutional amendment Vermont Supreme Court statute re civil unions statute re civil unions California Supreme Court voter initiative voter initiative Connecticut Supreme Court 11-08

Physician- Assisted Suicide

1994 Oregon initiative allowing physicialn-assisted suicide Federal enforcement of Controlled Substances Act Federal enforcement of Controlled Substances Act