Download - Aim: How does the Supremacy Clause allow for an effective chain of command in the U.S. gov’t?
Aim: How does the Supremacy Clause allow for an effective chain of command in the U.S. gov’t?
National Gov’t and the States
The “linchpin” of the Constitution
Joins the national gov’t to the State gov’t into a single government the federal gov’t
McCulloch v. Maryland – court case regarding Second Bank of U.S.Confirmed status of
implied powers of national gov’t
The Supremacy Clause
Expressed: those outlined in the Constitution
Inherent: belong to the national government bc it is a sovereign state (extension of expressed, not quite implied)i.e. power to acquire territory making
treaties
Implied: not stated in the Constitution but suggestedARTICLE 1, SEC 18, CLAUSE 18:
“NECESSARY & PROPER CLAUSE”
Delegated powers of National gov’t
(1) Expressly denied (from Bill of Rights)CONGRESS SHALL MAKE NO
LAW….
(2) “silence” of the Constitution
(3) Due to federalism: laws destroying that system are void
Powers Denied to Gov’t
Guarantee states a republican gov’t
Protection against invasion or domestic turmoil“attack on one is attack on all”
Respect for the legal and physical boundaries of the state
Nation’s Obligation to the States
Cannot be created by taking territory from another state, unless the state consents
Conditions for statehood set by Congress but cannot impose political conditions (i.e. location of capital)
Enabling act- directs people of the territory to frame a new state Constitution if “state” approves, Congress receives submissionIf Congress agrees, and President signs act of
submission and new State enters the Union
Admission of New States
Grants-in-aid programs: grants of federal money and resources to States or cities/counties/local units
revenue sharing: Congress gives federal tax revenues to States and local municipalities
Federal grant monies
All of these make it possible for Federal gov’t to participate in areas outside of its reach
Inter-governmental cooperation
Categorical- conditional for programs like school lunches, airport construction, etc
Block- broadly defined (healthcare, welfare, etc)
Project grants- made to States, localities and private agencies (cancer research, diabetes, Dept of Health)
Types of grants
Federal aid could also come as FBI assists local police, “Lulu payments” in lieu of property taxes
Cooperation between local and federal agencies, especially elections and criminal investigations
Other types of cooperation
Interstate compacts: agreements among themselves with foreign statesi.e.: Port Authority of NY/NJ manage harbor
facilities
Full Faith & Credit: recognizing authority and respect of another judgment i.e.: FINES, licenses, property titlesEXCEPTIONS: civil, not criminal cases or
divorcesWilliams v. North Carolina- North Carolina
charged couple with bigamous cohabitation (marrying and living with each other when previous marriage was in effect)
Interstate Relationships
Extradition: power to return a fugitive from one state to another state
Privileges and Immunities Clause: no state can draw unreasonable distinctions between its own residences and others from other States“We the people….” protection of all citizens EQUALLY** some distinctions are allowed: statehood for office, license to practice certain professions, etc
Other interstate powers