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

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 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 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 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 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 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 Classic Debate: Jefferson vs. Hamilton

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 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, 16 th Am. Fed. is more powerful!

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 1996: The Defense of Marriage Act passes. Defines marriage federally. 2010: Section 3 is ruled unconstitutional by a federal judge 2011: Atty. General under the direction Obama announces it will no longer defend DOMA! Federal Law State LawProposition 22 passes. Defines marriage between a man and woman The initiative is struck down by the Ca. Supreme Court 2008: Prop 8: Ca. Marriage Protection Act is passed. Changes Constitution. $39M raised for it, $43M against A court injunction is issued against enforcing Prop 8

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