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Published byAileen French Modified over 9 years ago
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Aim: How does the Supremacy Clause allow for an effective chain of command in the U.S. gov’t?
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The “linchpin” of the Constitution Joins the national gov’t to the State gov’t into a single government the federal gov’t McCulloch v. Maryland – court case regarding Second Bank of U.S. Confirmed status of implied powers of national gov’t
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Expressed: those outlined in the Constitution Inherent: belong to the national government bc it is a sovereign state (extension of expressed, not quite implied) i.e. power to acquire territory making treaties Implied: not stated in the Constitution but suggested ARTICLE 1, SEC 18, CLAUSE 18: “NECESSARY & PROPER CLAUSE”
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(1) Expressly denied (from Bill of Rights) CONGRESS SHALL MAKE NO LAW…. (2) “silence” of the Constitution (3) Due to federalism: laws destroying that system are void
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Guarantee states a republican gov’t Protection against invasion or domestic turmoil “attack on one is attack on all” Respect for the legal and physical boundaries of the state
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Cannot be created by taking territory from another state, unless the state consents Conditions for statehood set by Congress but cannot impose political conditions (i.e. location of capital) Enabling act- directs people of the territory to frame a new state Constitution if “state” approves, Congress receives submission If Congress agrees, and President signs act of submission and new State enters the Union
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Grants-in-aid programs: grants of federal money and resources to States or cities/counties/local units revenue sharing: Congress gives federal tax revenues to States and local municipalities Federal grant monies All of these make it possible for Federal gov’t to participate in areas outside of its reach
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Categorical- conditional for programs like school lunches, airport construction, etc Block- broadly defined (healthcare, welfare, etc) Project grants- made to States, localities and private agencies (cancer research, diabetes, Dept of Health)
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Federal aid could also come as FBI assists local police, “Lulu payments” in lieu of property taxes Cooperation between local and federal agencies, especially elections and criminal investigations
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Interstate compacts: agreements among themselves with foreign states i.e.: Port Authority of NY/NJ manage harbor facilities Full Faith & Credit: recognizing authority and respect of another judgment i.e.: FINES, licenses, property titles EXCEPTIONS: civil, not criminal cases or divorces Williams v. North Carolina- North Carolina charged couple with bigamous cohabitation (marrying and living with each other when previous marriage was in effect)
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Extradition: power to return a fugitive from one state to another state Privileges and Immunities Clause: no state can draw unreasonable distinctions between its own residences and others from other States “We the people….” protection of all citizens EQUALLY ** some distinctions are allowed: statehood for office, license to practice certain professions, etc
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