Chapter 3 Pages 67-72

State Obligations to One Another The framers wanted to promote national unity of the states (they were still fearful that states would act as independent nations as they had under the Articles of Confederation) Full faith and credit clause – each state must honor the public acts and judicial decisions made in other states Ex: If a couple is married in California and they move to Texas, Texas must recognize that marriage A lot of controversy arose over gay marriage

“Comity Clause” Seeks to promote national unity just like the full faith and credit clause Also known as “privileges and immunities clause” Citizens in one state should be entitled to similar treatment in other states A state cannot discriminate against someone from another state or give special privileges to its own residents Ex: In 1970, Alaska gave preference to its own residents in obtaining work on the state’s oil and gas lines – Supreme Court stepped in and said it was illegal to do this This also requires states to return fugitives to the states from which they fled

Local Government and the Constitution Local governments have no status in the US Constitution State legislatures created local governments, and state constitutions and laws permit local governments to take on some of the responsibilities of state governments Most states amended their own constitutions to give their larger cities home rule – powers delegated by the state to a local unit of government to manage its own affairs Early in the formation of the government, the states relied on local governments to implement laws of the state

Most Powers to the States Dual federalism – the system of government that prevailed in the US from 1789-1937, in which most fundamental governmental powers were shared between the federal and state governments During this time, the states had a lot of governing power What was going on in 1937 to change this?

Traditional System From 1789-1933 when the style of governing from the state and national level closely reflects the intentions of the framers of the Constitution The national government was pretty small and most of the power was with the states The national government built or sponsored the construction of roads, canals, and bridges It provided cash subsidies to shippers and shipbuilders and distributed free low-priced public land to encourage western settlement It placed heavy taxes on imported goods It protected patents and provided for a common currency What do these functions of the national government reveal?

Virtually all of the national government’s functions were aimed at assisting commerce (trade, business) None of the national government’s programs pressured or coerced citizens The emphasis on government programs was on assistance, promotion, and encouragement

So what about the states? State legislatures were actively involved in economic regulation during the 1800s In the US, private property exists only in state laws and state court decisions regarding property, trespass, and real estate Laws concerning slavery were a subdivision of property law in states where slavery existed The practice of important professions, such as law and medicine, was and is illegal except as provided for by state law Marriage, divorce, birth or adoption of kids – all regulated by state law Education (public schools) is controlled by the state Most of the fundamental governing in the US was done by the states

The Framers Knew What They Were Doing By giving so much power to the states, the Constitution saved the national government from many policy decisions that might have proved too divisive for a large and very young country Federalism contributed significantly to the political stability of the young nation