Explain the supremacy clause.
How does the outcome of McCulloch v. Maryland relate to Federalism.
Explain the three obligations the United States has towards its states.
Explain the procedure and conditions for accepting a new state into the United States.
Chapter 4 – Federalism
Authority is divided between a central government and regional
(state) governments.
Why Federalism?
It
retained state traditions and local power while establishing a strong national government.
At the time of the Constitutional Convention, the 13 colonies were larger than England or France.
Travel and slow communication would hamper a unitary government.
Benefits of Federalism
States usually pioneer programs that then come to debate at the national level.
Unemployment Compensation
Air-pollution control
Medical Marijuana
Educational Reforms
Arguments Against Federalism
Lack of equality between states
Education
Welfare
Police and Crime Prevention
Inequality for minority groups
Dual Federalism
Emphasizes a distinction between federal and state spheres of government authority.
the national and state governments as equal sovereign powers
Acts of states within their reserved powers are legitimate limitations on the powers of the national government. Layer Cake Federalism
Cooperative Federalism
The idea that states and the national government should cooperate to solve problems
The New Deal by
FDR is an example of cooperative action by the states and federal government.
Marble cake federalism. Picket-Fence Federalism
Officials at each level work together to promote the policy represented by the main topic.
Federal Grants-in-Aid
Grants provided to states to develop public programs.
Categorical grants-in-aid are made for very specific programs or projects.
Block grants group the number of categorical grants under one broad purpose.
One major one was to aid state welfare programs.
Grants come with “strings attached”.
Medicaid, Highway Construction, Unemployment Benefits, Housing Assistance and
Welfare Programs.
The national government may give the money on the condition to cooperate with the federal government on certain policy.
Many states raised their drinking age to 21 during the 1980s in order to receive grants. Revenue sharing was used instead of Grants in Aid recently
States prefer this method because there are less “strings attached”.
Federal Mandates
A requirement from the federal government that makes the state take a certain action.
Restrictions on how much states can dump in the ocean is an example.
Interstate Relations
With the consent of Congress, states can enter into Interstate Compacts.
Many of these agreements are for shared resources (rivers, bays, etc) or conservation of the environment. Others are for the sharing of information related to law enforcement.
Full Faith and Credit
The Constitution states that every state shall give
“Full Faith and Credit … in each state to the public
Acts, Records and judicial proceedings of every other state.” This only applies to Civil matters.
One state cannot be required to enforce the criminal laws of another state.
Based on this statement, should a same-sex couple who got married in Massachusetts have full marriage rights in the state of Georgia?
Extradition
The legal process (provided within the Constitution) by which a fugitive is returned to the state in which a crime was committed.
For the most part, states do this on a routine basis.
Some matters involving race are sometimes ignored by the governors of the states.
In 1987, the case of Puerto Rico v. Branstad, ruled that the federal courts can order a governor to extradite a fugitive.
Privileges and Immunities
No state can draw unreasonable distinctions betweens its own residents and those persons who
