Federalism. The Constitution supports a strong Federal (central) government Article VI of the Constitution: The Supremacy Clause This Constitution,

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Presentation transcript:

Federalism

The Constitution supports a strong Federal (central) government Article VI of the Constitution: The Supremacy Clause This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made…under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding. Subsection 18-The necessary and proper clause or elastic clause. Allowed Congress to make laws necessary and proper to do its job. Article IV, Section 3 gives Congress the power to create new states Article IV, Section 4 requires the national government to protect the states from invasion or domestic insurrections 16 th Amendment—federal income tax

Why is the Civil Rights Era a classic example of the federal government taking strong action?

The Constitution also supports the sovereignty of state governments States’ powers: To charter local governments To conduct elections To exercise all powers not delegated to the national government or denied to the states by the Constitution (The 10 th Amendment)

The Constitution mediates disputes between the states. Full faith and credit requires each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records as valid. Interstate privileges and immunities means that states must give citizens of other states the same treatment they give their own citizens. Extradition means that a person who has fled one state will be turned over to the state from which he or she is fleeing. Interstate compacts are the agreements between states to settle disputes – the Congress usually approves of these compacts.

States must give full faith and credit to each other’s public acts, records, and judicial proceedings; extend to each other’s citizens the privileges and immunities it gives its own; and return fugitives from justice. Sometimes, this clashes with federal laws. Gay marriage is one example. Can you think of others?