The Constitution and the States Federalism the foundations of Federalism.

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Presentation transcript:

The Constitution and the States Federalism the foundations of Federalism

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 IV Interstate Relationships

Article 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 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 I Section 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”