Federalism in the U.S.
What does the Constitution say about Federalism?
STRICT CONSTRUCTION vs. LOOSE CONSTRUCTION
* …different ways of interpreting the U.S. Constitution!
1.) Ohio, hard hit by the recent recession, has decided to issue coins made from old
cars in order to stimulate the worsening economy. NOPE! Article I, Section 10
2.) The U.S. Congress passes a law imposing new regulations upon airlines which
engage in hauling goods and products from the east coast to the west coast. YUP!
Article I, Section 8
3.) Colorado’s Scenic Drive Highway has become overcrowded. The Colorado state
legislature passes a law forbidding out of state drivers from using the highway. NOPE!
Article IV, Section 2
4.) The Supreme Court of the United States’ upholding of the U.S. Congress’ power
to regulate the strip mining of coal upset the Governor of North Dakota. He has
announced that he will not allow the enforcement of the law in his state. NOPE!
Article VI
5.) Displeased with the United States Postal Service, the Ohio General Assembly has
passed a law creating the Ohio Postal Service. NOPE! Article I, Section 8
6.) The State of Washington has placed a tax on goods imported and exported
through its seaports. NOPE! Article I, Section 10
7.) The neighboring state of Illinois has annexed Lake County, Indiana. NOPE!
Article IV, Section 3
8.) The Governor of Ohio requests that the state of Kentucky return Danny Meester
to Ohio. Meester, an alleged murderer in Ohio, has fled to Kentucky where local
authorities recently captured him. YUP! Article IV, Section 2
9.) Nikki Minnick has been legally adopted in the state of Arkansas. After the
Minnick family moved to the state of Georgia, the Georgia State Welfare Agency took
little Nikki from his adoptive parents on the grounds that Nikki’s adoption was not
valid in the state of Georgia. The Agency claims it does not recognize Arkansas
adoption laws. NOPE! Article IV, Section 1
10.) The federal government passes a law to establish a single national system of
public high schools. NOPE! 10th Amendment
11.) In response to a nationwide counterfeiting ring, the federal government
announces a new mandatory twenty-five year prison sentence for anyone caught
participating in this activity. NOPE! 8th Amendment
12.) * The U.S. Congress decides to propose legislation that defines marriage as
between one man and one woman; consequently, it passes with an overwhelming
majority in both the House and the Senate and the President signs the bill into law.
Included in this new law is the provision that same-sex marriage will not be allowed
throughout the country. NOPE! Article IV, Section 1
13.) In response to partisan bickering and politics “as usual,” Ohio voters vote a third
party into power in the General Assembly and in the governor's mansion. These
lawmakers immediately enter into an agreement with Venezuela to import oil
directly into the state of Ohio. Kentucky wants included in this deal and asks Ohio to
join, in which Ohio obliges. When the Indiana governor publically denounces Ohio,
Ohio declares war on Indiana. NOPE! Article I, Section 10
14.) Microsoft invents the ultimate iPhone “app” that does everything from your
laundry to writing your research paper. The U.S. Congress issues Microsoft a patent
which gives them exclusive ownership of this iPhone “app.” YUP!
Article I, Section 8
15.) The U.S. Congress borrows money from China to pay for the day-to-day
operations of the United States. YUP! Article I, Section 8
16.) Congress establishes all rules and procedures to be followed in Yellowstone
National Park, located within the jurisdiction of three different states – Idaho,
Montana, and Wyoming. YUP! Article IV, Section 3
17.) The State of Ohio recently amended their State constitution to allow four
separate casinos within their state. These casinos must meet the requirements set
forth by the General Assembly. YUP! 10th Amendment
18.) To promote the general welfare of the American people, and enhance the War
on Drugs, the U.S. Congress adds caffeine to the list of banned substances starting on
January 1, 2014. YUP! Article I, Section 8