The Constitution and the States

the foundations of FederalismFederalism

The Constitution and the States

• Article IV– “Full Faith and Credit” Clause– “Privileges and Immunities” Clause

• Article I, Section 10- Powers Denied to States

• Article VI – “Supremacy Clause”

• Amendment 10- ”Reserved Powers”

Federalism: divides power between a central government

and regional or local governments

• Advantages: Local control over local matters/interests– Liquor licensing– Gas pump rules– Oregon suicide laws– Gay marriage laws– Election practices– Taxation; sales, property– Criminal law/ driving laws– schools

Article IVInterstate Relationships

Article IVArticle IV

• Section 1:

“Full Faith and Credit”…. Each state must recognize the public records, laws and court proceedings of any other state.

• Section 2: Includes extradition.

Extradition

• Citizens who commit a crime in one state and then flee to another state to escape prosecution are to be returned to the original state where the crime was committed.

exceptions

• A state does not enforce another state’s criminal laws.

• A state may not recognize divorces granted in a different state than the marriage was licensed or where residency has not been established.

» Williams v. North Carolina 1945

Article IVArticle IV

• Section 2, Clause 2

“…Privileges and Immunities…”No state can draw unreasonable

distinctions between their residents and residents of other states.

• Travel, contracts, property• No preferential hiring

• Residency requirements• In-state/Out-of-state Licensing/tuitions

Article IArticle ISection 10Section 10

Power Denied to the States

States….

• Can’t make treaties with foreign countriesCan’t make treaties with foreign countries

• Example: Iowa and France

• Can’t coin moneyCan’t coin money

• Can’t tax imports (or exports)Can’t tax imports (or exports)

• Can’t conduct acts of war on their ownCan’t conduct acts of war on their own

“Supremacy Clause”

• Article VI, Section 2– The Constitution and all federal laws,

regulations shall be the “supreme law of the land”

• Federal laws overrule state laws• Everything must agree with the Constitution.

Amendment 10

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

“Reserved Powers”