the constitution and the states federalism the foundations of federalism
TRANSCRIPT
The Constitution and the States
the foundations of FederalismFederalism
The Constitution and the States
• Article IV– “Full Faith and Credit” Clause– “Privileges and Immunities” Clause
• Article I, Section 10- Powers Denied to States
• Article VI – “Supremacy Clause”
• Amendment 10- ”Reserved Powers”
Federalism: divides power between a central government
and regional or local governments
• Advantages: Local control over local matters/interests– Liquor licensing– Gas pump rules– Oregon suicide laws– Gay marriage laws– Election practices– Taxation; sales, property– Criminal law/ driving laws– schools
Article IVInterstate Relationships
Article IVArticle IV
• Section 1:
“Full Faith and Credit”…. Each state must recognize the public records, laws and court proceedings of any other state.
• Section 2: Includes extradition.
Extradition
• Citizens who commit a crime in one state and then flee to another state to escape prosecution are to be returned to the original state where the crime was committed.
exceptions
• A state does not enforce another state’s criminal laws.
• A state may not recognize divorces granted in a different state than the marriage was licensed or where residency has not been established.
» Williams v. North Carolina 1945
Article IVArticle IV
• Section 2, Clause 2
“…Privileges and Immunities…”No state can draw unreasonable
distinctions between their residents and residents of other states.
• Travel, contracts, property• No preferential hiring
• Residency requirements• In-state/Out-of-state Licensing/tuitions
Article IArticle ISection 10Section 10
Power Denied to the States
States….
• Can’t make treaties with foreign countriesCan’t make treaties with foreign countries
• Example: Iowa and France
• Can’t coin moneyCan’t coin money
• Can’t tax imports (or exports)Can’t tax imports (or exports)
• Can’t conduct acts of war on their ownCan’t conduct acts of war on their own
“Supremacy Clause”
• Article VI, Section 2– The Constitution and all federal laws,
regulations shall be the “supreme law of the land”
• Federal laws overrule state laws• Everything must agree with the Constitution.
Amendment 10
• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
“Reserved Powers”