The States and the Nation Federalism

Bellringer 9/20: Answer the following questions as a review from last week: 1.What is an “article?” 2.What is discussed in Article I of the Constitution? 3.What is discussed in Article II of the Constitution? 4.What is the Bill of Rights? 5. What does Amendment 26 discuss? 6. What are reserved powers? (definition and example) 7. What are concurrent powers? (definition and example)

Why is it necessary that the Constitution require the states to cooperate with one another? Essential question:

Hierarchy of Government US National 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 interpreted national and state powers: The Supreme Court has become the referee between the national government and the states. It is the Supreme Court’s job to determine whether or not the federal government can intervene at the expense of state power. The Supreme Court has become the referee between the national government and the states. It is the Supreme Court’s job to determine whether or not the federal government can intervene at the expense of state power. In the early years of the US, the Supreme Court was led by Chief Justice John Marshall—he was a strong advocate of national supremacy as a Supreme Court Justice In the early years of the US, the Supreme Court was led by Chief Justice John Marshall—he was a strong advocate of national supremacy as a Supreme Court Justice

McCulloch vs. Maryland: A Court Case that established federal supremacy 1819 McCulloch (cashier of the Bank of the United States) was taken to jail for refusing to pay state tax on the federal money in the Bank of the United States 1819 McCulloch (cashier of the Bank of the United States) was taken to jail for refusing to pay state tax on the federal money in the Bank of the United States The Supreme Court led by John Marshall answered two questions: The Supreme Court led by John Marshall answered two questions: –Can the federal government open a bank? Yes- necessary and proper clause –Can a federal government agency be taxed by the states? No- for a state to tax federal agency would give the states supreme power over the federal government- “The power to tax involves the power to destroy

Relationships Among the States: What does Article IV of the Constitution say?

Article IV of the Constitution requires the states to do the following : Give “full faith and credit” to the laws, records and court decisions of other states Every state must recognize the laws and proceedings of other states Only applies to civil law (disputes between people), not criminal law Examples: state laws, mortgages, deeds, leases, marriage licenses, car registrations, etc. Give “full faith and credit” to the laws, records and court decisions of other states Every state must recognize the laws and proceedings of other states Only applies to civil law (disputes between people), not criminal law Examples: state laws, mortgages, deeds, leases, marriage licenses, car registrations, etc.

Article IV of the Constitution requires the states to do the following : Give “full faith and credit” to the laws, records and court decisions of other states Every state must recognize the laws and proceedings of other states Only applies to civil law (disputes between people), not criminal law Examples: state laws, mortgages, deeds, leases, marriage licenses, car registrations, etc. Give “full faith and credit” to the laws, records and court decisions of other states Every state must recognize the laws and proceedings of other states Only applies to civil law (disputes between people), not criminal law Examples: state laws, mortgages, deeds, leases, marriage licenses, car registrations, etc.

Article IV of the Constitution requires the states to do the following : Give citizens of other states “ full privileges and immunities” Give citizens of other states “ full privileges and immunities” –Prevents discrimination as US citizens travel across state lines –Allows us to use the courts, make contracts, marry and buy/sell property in other states –Does not allow us to vote, serve on juries, run for public office in states other than the one in which we live

Article IV of the Constitution requires the states to do the following : Extradite criminals and fugitives who flee across state lines Extradite criminals and fugitives who flee across state lines Governors of various states are responsible for returning fleeing criminals. Governors of various states are responsible for returning fleeing criminals.

Other relationships between the states: Interstate Compacts: States can form written agreements with one another that dictate how they will handle certain issues. Interstate Compacts: States can form written agreements with one another that dictate how they will handle certain issues. –Must be approved by Congress –Examples: air pollution, transportation, pest control, toll bridges Lawsuits: States can sue each other when disagreements arise Lawsuits: States can sue each other when disagreements arise –Must be handled/decided by the Supreme Court