The States and the The States and the NationNation

FederalismFederalism

Bellringer 9/20:Bellringer 9/20: Answer the following Answer the following questions as a review from last week:questions as a review from last week:

1.1. What is an What is an “article?”“article?”

2.2. What is What is discussed in discussed in Article I of the Article I of the Constitution? Constitution?

3.3. What is What is discussed in discussed in Article II of the Article II of the Constitution? Constitution?

4.4. What is the Bill of What is the Bill of Rights?Rights?

5. What does 5. What does Amendment 26 Amendment 26 discuss?discuss?

6. What are reserved 6. What are reserved powers? (definition powers? (definition and example)and example)

7. What are concurrent 7. What are concurrent powers? (definition powers? (definition and example)and example)

Why is it necessary that the Why is it necessary that the Constitution require the states Constitution require the states

to cooperate with one to cooperate with one another?another?

Essential question: Essential question:

Hierarchy of GovernmentHierarchy of Government

USNational or

Federal Government

State Government

Local Governments (Cities, Counties, etc)

The National Supremacy Clause in Article 6 of the Constitution ensures that no city or state law or state constitution can conflict with any form of national law.

How has the Supreme Court How has the Supreme Court interpreted national and state interpreted national and state

powers:powers: The Supreme Court has become the The Supreme Court has become the

refereereferee between the national government between the national government and the states. It is the Supreme Court’s and the states. It is the Supreme Court’s job to determine whether or not the job to determine whether or not the federal government can intervene at the federal government can intervene at the expense of state power.expense of state power.

In the early years of the US, the Supreme In the early years of the US, the Supreme Court was led by Court was led by Chief Justice John Chief Justice John MarshallMarshall—he was a strong advocate of —he was a strong advocate of national supremacynational supremacy as a Supreme Court as a Supreme Court JusticeJustice

McCulloch vs. Maryland:McCulloch vs. Maryland:A A Court Case that established federal Court Case that established federal

supremacysupremacy 1819 McCulloch (cashier of the Bank of the 1819 McCulloch (cashier of the Bank of the

United States) was taken to jail for United States) was taken to jail for refusing to pay state tax on the federal refusing to pay state tax on the federal money in the Bank of the United Statesmoney in the Bank of the United States

The Supreme Court led by John The Supreme Court led by John Marshall answered two questions:Marshall answered two questions:– Can the federal government open a bank?Can the federal government open a bank? Yes- Yes-

necessary and proper clausenecessary and proper clause– Can a federal government agency be taxed by Can a federal government agency be taxed by

the statesthe states? No- for a state to tax federal ? No- for a state to tax federal agency would give the states supreme power agency would give the states supreme power over the federal government- “The power to over the federal government- “The power to tax involves the power to destroy tax involves the power to destroy

Relationships Among Relationships Among the States:the States:

What does Article IV of the What does Article IV of the Constitution say? Constitution say?

Article IV of the Constitution Article IV of the Constitution requires the states to do the requires the states to do the

followingfollowing::

Give “full faith and credit” to the laws, Give “full faith and credit” to the laws, records and court decisions of other records and court decisions of other statesstatesEvery state must recognize the laws and Every state must recognize the laws and proceedings of other statesproceedings of other statesOnly applies to civil law (disputes between Only applies to civil law (disputes between people), not criminal lawpeople), not criminal lawExamples: state laws, mortgages, deeds, Examples: state laws, mortgages, deeds, leases, marriage licenses, car registrations, leases, marriage licenses, car registrations, etc.etc.

Article IV of the Constitution Article IV of the Constitution requires the states to do the requires the states to do the

followingfollowing::

Give “full faith and credit” to the laws, Give “full faith and credit” to the laws, records and court decisions of other records and court decisions of other statesstatesEvery state must recognize the laws and Every state must recognize the laws and proceedings of other statesproceedings of other statesOnly applies to civil law (disputes between Only applies to civil law (disputes between people), not criminal lawpeople), not criminal lawExamples: state laws, mortgages, deeds, Examples: state laws, mortgages, deeds, leases, marriage licenses, car registrations, leases, marriage licenses, car registrations, etc.etc.

Article IV of the Constitution Article IV of the Constitution requires the states to do the requires the states to do the

followingfollowing::

Give citizens of other states “ Give citizens of other states “ full privileges and immunities”full privileges and immunities”– Prevents discrimination as US citizens Prevents discrimination as US citizens

travel across state linestravel across state lines– Allows us to use the courts, make Allows us to use the courts, make

contracts, marry and buy/sell property in contracts, marry and buy/sell property in other statesother states

– Does not allow us to vote, serve on Does not allow us to vote, serve on juries, run for public office in states juries, run for public office in states other than the one in which we liveother than the one in which we live

Article IV of the Constitution Article IV of the Constitution requires the states to do the requires the states to do the

followingfollowing::

Extradite criminals and fugitives Extradite criminals and fugitives who flee across state lineswho flee across state lines

Governors of various states are Governors of various states are responsible for returning fleeing responsible for returning fleeing criminalscriminals..

Other relationships Other relationships between the states:between the states:

Interstate Compacts:Interstate Compacts: States can form States can form written agreements with one another that written agreements with one another that dictate how they will handle certain issues. dictate how they will handle certain issues. – Must be approved by CongressMust be approved by Congress– Examples: air pollution, transportation, pest Examples: air pollution, transportation, pest

control, toll bridgescontrol, toll bridges Lawsuits:Lawsuits: States can sue each other when States can sue each other when

disagreements arisedisagreements arise– Must be handled/decided by the Supreme CourtMust be handled/decided by the Supreme Court