Constitution #6 Federalism

Quick Review 1. Virginia wanted each state to send equal number of representatives to Congress. 2. The Anti-federalists opposed the Constitution primarily because it did not include a Bill of Rights. 3. Included in the Constitution as originally ratified is the right to a jury trial. 4. If Congress impeaches a president, they are exercising federalism. 5. One way to informally amend the Constitution is when judges interpret laws.

Federalism The division of sovereignty between national, state, and local governments Independent local & nat’l gov w/some overlap of powers

VERSUS Confederacy – states have ultimate power Unitary – nation makes all laws and states only administer those laws (no independent power)

Article I of the Constitution gives Expressed or Enumerated powers: written expressly in Constitution Grants of power given to Congress Primarily economic, military, & defense

Denials of Power No taxes on exports No titles of nobility

Implied Powers Necessary and Proper Clause or aka “Elastic Clause” (Article I, Section 8) Implied powers: inferred from what is expressed, that which is “necessary & proper” to carry out laws

Example of an Implied Power Expressed: power to declare war If Congress has the ability to make war they then have the power to make all laws “necessary & proper” to carry this out Implied: draft

Expressed Powers of Congress TAX! Raise revenue Can tax imports (tariffs) Can tax personal income w/16 th amendment Implied – tax evasion is a crime also

Borrow Deficit Spending: spend more than earn in revenue (money coming in / taxes) in a given period In one month earned $1000, but spent $1200 – what is your deficit? Debt: Total amount owed If you continue to overspend by $200 per month for a year, what is your debt?

Interstate Commerce Intrastate: within one state Power of State Interstate: between two + states Power of Congress

Implied from the Commerce Clause Minimum wage Drug policy Environmental laws

More Powers Currency – legal tender Foreign Relations & War Powers: Raise a military Declare war! Implied: Draft

And more…. Naturalization – citizenship From this, the following are implied: Citizenship test Passport Border fence Bankruptcy:

And some more… Postal Power: Post Office Copyrights & Patents Copyright: work of art Patent: invention Implied: piracy laws Weights & Measures: standardized

And the rest… Judicial Power: Congress determines the size & structure of the federal courts And so, what is NOT on this list? What isn’t Congress allowed to do?

McCullough v. Maryland (1819) In order to regulate the economy, a national bank is established – this is NOT in the Constitution Maryland decides to tax the bank b/c it disagrees w/ the bank Edwin McCullough refuses to pay tax

RESULT: A national bank is necessary and proper in order to regulate the economy – it is an IMPLIED power “the power to tax is the power to destroy” and a state cannot destroy the nation – the nation is the supreme law of the land

States’ Powers Article IV Interstate Relations Full faith and credit clause – for public acts, records, and judicial proceedings Weddings, court orders

States’ Powers Privileges and immunities clause – only reasonable residency requirement before you can receive the benefits Out of state tuition Extradition – mandatory return of criminals

States’ Powers Cont’d Denials of Power: States cannot declare war, print $, etc. Any powers that are not denied to the states OR any power not granted to Congress is reserved to the states (10 th amendment)

The Division of Power National Powers: Military Currency Foreign Affairs Post Office State Powers – social, moral, & family issues Education Marriage / Divorce Voting / Elections Drivers’ licenses com com

The Overlap of Powers Concurrent Powers: both state and nation have the power to control or regulate: Taxes Transportation Law Enforcement Banks Borrow $

Supreme Law of the Land Supremacy Clause (Article VI): laws of the U.S. are the “supreme laws of the land” thus if there is a conflict, the US should overrule the states

Confusion Cometh When does a state have power over the nation and vice versa? If a nation says that abortion in the first trimester is legal (Roe v. Wade), can a state place restrictions on that right? Can a state then say a woman must get consent from her husband ? Can a state then say that minors must get consent from their parents?