Federalism Notes

Federalism Notes

A federal system allows both national and state governments to derive power from the people.

Article Four of the Constitution

•        1. Full Faith and Credit (respect contracts and judicial orders entered into in another state)

•        2. Privileges and Immunities (same rights state to state as provided by the national government)

•        3. Interstate Compacts

State Powers
Under the Constitution

•        Article 1

–       Allows states to determine time, place, and manner of elections for House and Senate representatives

•        Article II

–       Requires that each state appoint electors to vote for president

•        Article IV

–       Privileges and immunities clause

–       Republican form of government

–       Protection against invasion

•        Tenth Amendment

–       States’ powers described here

–       Reserve or police powers

Concurrent Powers

•        Concurrent powers

–       Authority possessed by both state and national governments and exercised concurrently (at the same time)

•        Power to tax

•        Right to borrow money

•        Establish courts

•        Make and enforce laws to carry out these powers

Denied Powers

•        States cannot

–       Enter into treaties

–       Coin money

–       Impair obligation of contracts

–       Cannot enter into compacts with other states without congressional approval

•        Congress cannot

•        Favor one state over another in regulating commerce

•        Cannot lay duties on items exported from any state (No State Tariffs)

ARTICLE SIX OF THE CONSTITUTION

•        1. ALL NATIONAL DEBTS WILL BE HONORED

•        2. SUPREMECY CLAUSE {constitution is supreme law of the land    and national laws pre-empt state laws}

THE KEY 3 COURT CASES

•        1. Marbury v. Madison (1803)

•        2. McCulloch v. Maryland (1819)

•        3. Gibbons v. Ogden (1824)

•        Federalist John Marshall expands the power of the Federal Judiciary and the Federal Government

AMENDMENTS ADD TO FEDERAL GOVERNMENTS POWERS

•        14^TH Amendment. (Due Process)

•        16^th Amendment …….(Tax)

•        17^th Amendment …….(Senators)

•        24^th Amendment…….(No Poll Tax)