Relations among states and the politics of federalism
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Relations Among States and the Politics of Federalism. The Legitimacy of Federalism. Remember, the 10 th Amendment guarantees powers reserved to the STATES or people

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The legitimacy of federalism
The Legitimacy of Federalism

  • Remember, the 10th Amendment guarantees powers reserved to the STATES or people

  • Some of these powers include admin. elections, regulating public schools, est. local govts., creating vehicle laws, contracts


Article iv of the constitution
Article IV of the Constitution

  • Relations among the states:

  • Full faith and credit

  • Each state must recognize the laws, court decisions, and records of all other states

  • Ex: driver’s & marriage licenses,

    corporate charters


Article iv of the constitution1
Article IV of the Constitution

  • Privileges and immunities:

  • Guarantees each state’s citizens equal treatment in all states

  • Ex: you may pass through, use courts, buy property

  • Reasonable discrimination is legal to non-residents

  • Ex. Higher fees, not able to vote


Article iv of the constitution2
Article IV of the Constitution

  • Extradition:

  • Any person who flees justice b/c of crime, must be sent back upon request

  • Rarely a Governor can refuse


Article iv of the constitution3
Article IV of the Constitution

  • How to deal with disputes amongst states?

  • No force allowed!

  • Interstate compacts

  • Ex: pest control to toll bridges

  • Last resort- The Supreme Court

  • Ex: water rights!


Article iv sections 3 4
Article IV, Sections 3 & 4

  • Guarantees from the national gov. to the states:

  • The admission of new states by Congress

  • Must guarantee and preserve a republican form of govt.

  • Protection from invasion and domestic violence

  • Respect territorial boundaries


The states rights position
The States’ Rights Position

  • Those who supported wanted a “compact among the states”

  • Favors state and local action

  • Narrowly defined, or “strict interpretation” of the Constitution

  • Justice Roger B. Taney

  • Early on, states had power



The nationalist position
The Nationalist position

  • Belief it was “the people”, not the state that created our govts.

  • Favors national action when dealing with problems (states speak for a small part)

  • The national govt. not subordinate to the states! (the Supremacy Cl.)

  • Powers should be expanded when “necessary and proper”

  • McColloch case, New Deal


The debate this century
The Debate this Century

  • We have seen a huge growth in the national govt.

  • This has come at the expense of the states

  • Done through war, commerce, and taxing power

  • Ex: economy, CR Act ’64, 16th Am.

  • Fed. is more powerful!


The debate this century1
The Debate this Century

  • Despite the Federal power growth, a couple of things to consider…

  • Nixon’s “New Federalism” began to take fed. Programs back to state and local levels (devolution)

  • Continued by Republicans (Reagan)

  • Despite, most laws that affect us directly are state!

  • Ex: education, property & criminal laws


The Craziness of Federalism: The Marriage Debate

State Law

Proposition 22 passes. Defines marriage between a man and woman

Federal Law

1996: The Defense of Marriage Act passes. Defines marriage federally.

The initiative is struck down by the Ca. Supreme Court

2010: Section 3 is ruled unconstitutional by a federal judge

2008: Prop 8: Ca. Marriage Protection Act is passed. Changes Constitution. $39M raised for it, $43M against

2011: Atty. General under the direction Obama announces it will no longer defend DOMA!

A court injunction is issued against enforcing Prop 8


The pluses of federalism
The pluses of federalism

  • Federalism allows local & state divisions to serve as “testing grounds” (ex: Georgia voting age)

  • Sunset laws: check need of agencies

  • Sunshine laws: no secret meetings

  • Keeps political parties alive (ex: Democrats after Civil War)

  • Allows for oppty. to get involved

  • (local-state-fed) & more involved


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